Retail Terms & Conditions 2021
Retail Terms & Conditions are different to Trade Terms & Conditions which can be found here
1 . CODE OF GOOD PRACTICE
Canon supports the GGF code of good practice as promoted by the Glass and Glazing Federation (GGF) and undertakes to work within the guidelines of this and any other GGF code of practice. A copy of the code is carried by Canon’s representative and/or is available at our head office.
Complaint Handling Procedure.
To the extent to which details of the company’s complaints handling procedure have not already been provided to the customer before or at the time of the contract, the company will provide the same in writing as soon as is reasonably practicable upon request from the customer from time to time.
OMBUDSMAN SCHEME-HANDLING OF DISPUTES
- All disputes, differences and questions which at any time arise between the parties to this agreement and guarantee or their representatives or assigns
Attaching to or arising out of or in respect of this agreement and guarantee or its subject matter shall be, and are hereby, submitted via The Double Glazing and Conservatory Quality Assurance Ombudsman Scheme (DGCOS) (unless there is a good reason to send the matter directly to the Ombudsman) for conciliation, mediation or determination/ arbitration by the Ombudsman or his nominee.
- Where a matter referred for conciliation or mediation has not been resolved within one month or such later time as the parties may agree in writing either of the parties shall have the right to request that the matter(s) in dispute be resolved by arbitration and/or determined by the Ombudsman under the rules of The Quality Assurance Ombudsman Scheme, 1996, or any subsequent modification thereof.
- Where the complainant party is a consumer as defined in the Unfair Terms in Consumer Contracts Regulations, 1999 and the Arbitration Act, 1996, or any re-enactment or statutory modification of either, this cause shall only apply where the complainant, in writing, requests a resolution by conciliation, mediation or determination/ arbitration after the arising of the dispute, difference or complaint or question.
- In the event of any dispute arising during or after the completion of the contract the customer will not be entitled to withhold payment over an amount representing the reasonable cost of work required to rectify or replace any allegedly defective works which are subject to the dispute.
2. NOTICE OF THE RIGHT TO CANCEL
Where a Purchase Agreement is negotiated away from Canon’s business premises if the customer is unhappy with the agreement for any reason it can be cancelled and a refund of any deposit paid can be obtained by taking or sending a letter to Canon at Managing Director, Canon Windows & Locks Ltd, 25 High Street, Cheshunt, EN8 0BS and within seven calendar days following the date on which the Purchase Agreement was signed. Please note that the customer may be required to pay for goods or services received after the end of the cancellation period. Canon recommends that the customer send any cancellation by recorded delivery, although it may also be sent by electronic mail to email@example.com.
Notice of cancellation is deemed to be served as soon as it is posted or in the case of electronic communication from the day it was sent.
3. a) The specification of products to be supplied and works to be carried out are as defined in the Purchase Agreement and any attachments thereto. No other statements or warranties whether written or verbal may be relied upon by the customer unless made in writing and signed by a director of Canon.
b) Following any survey which reveals significant unforeseen additional work being required at an extra cost to the customer for reasons of safety, weather resistance or legal compliance or as a consequence of non-viability of completion of construction or product installation for reasons not known at the time of signature of this Purchase Agreement including items discovered during the construction of the installation and which could not reasonably have been identified during the survey, both the customer and Canon have the right to cancel it. Any survey will take place at a time agreed by the customer and Canon, but not later than 14 days after the signing of this agreement.
c) If Canon and the customer are unable to agree on a revised Purchase Agreement following any survey, the customer will be provided with full details of the survey findings and any monies paid will be refunded promptly.
4. The customer will allow installation of the goods to commence within the Estimated Installation Period. If within 4 weeks of the end of this period the customer is unable to agree with Canon to an appointment for installation, 80% of the Total Purchase Price will immediately become payable and installation or delivery will follow as soon as reasonably practicable between Canon and the customer.
5. If the installation is not commenced within the Estimated Installation Period the customer may write to Canon requiring the work to be completed within six weeks or some other mutually agreeable period. If the work is not completed within this extended period, the customer may cancel the outstanding work required to install the goods and deliver any part of the goods not yet delivered without penalty by sending Canon a letter advising Canon of their wish. Canon recommends that the customer send this letter by recorded delivery. In addition, the customer will be entitled to a refund of the value of the monies paid which exceed the value of the part of goods which has been supplied and of the installation work carried out by Canon. If Canon has carried out work and or delivered all or part of the goods to a value which exceeds payments made by the customer, Canon will be entitled to the payment of the difference. In the event of cancellation by the customer, for this reason, the customer is entitled to deduct any additional amount where the customer has to pay more than the purchase price to others to complete the installation. If Canon and the customer are unable to agree on the value of work completed or that part of the Goods supplied, this will be determined by arbitration.
a) Canon shall not be liable for any delay in completion of the work, which arises from causes beyond its control (for example exceptionally poor weather, fire, flooding, civil disturbance, strike action by others, criminal damage and acts of war) nor shall such a delay entitle the customer to cancel all or part of this agreement.
b) The customer or Canon are entitled to cancel this contract in the event of any serious breach of its terms by the other, including but not limited to refusal to comply with Building Regulations or carry out a reasonably required correction of defects.
c) Canon shall not be liable for any consequential losses suffered by the customer beyond the replacement or refitting of the products supplied under this Purchase Agreement, including losses arising from the Customer’s time taken to allow access for Canon staff to complete installation or remedial works or personal inconvenience caused by delays to the installation of products or carrying out remedial works.
6. The customer will pay Canon the balance of the Purchase price when the products have been properly installed per the terms of this agreement.
7. Canon shall retain ownership of any goods, which have not yet been fixed to the customer’s property until the Total Purchase Price has been paid in full.
8. Canon will remove and dispose of all replaced existing doors, windows and/or frames unless the customer asks Canon in writing to leave them on the Customer’s premises.
9. Canon will not be liable for any decorating that arises from the removal of the frames.
10. a) The balance of payment is due immediately upon completion of installation. In extreme circumstances, if agreed by Canon, part of the original contract value may be withheld by the customer about any minor defect or remedial work remaining after the installation has been completed. Upon satisfactory remedy, this retention amount must be paid to Canon within 5 working days.
b )Canon reserves the right to charge interest on balances, currently 3% above National Westminster Bank PLC’s basic rate that remains overdue after 14 days from installation and completion of any remedial works unless written terms have been agreed by Canon.
c) Under no circumstances shall the customer withhold payment of the balance of payment in an amount which is not proportionate to the retail cost of any outstanding work and/ or materials to be supplied. In particular, the amount that may be withheld in respect of remedial works for the replacement of sealed units fitted but which are damaged or incorrect or for windows or door furniture which is functional but marked, or scratched.
d) The customer shall provide reasonable access to Canon to allow remedial works to be carried out. If for any reason access cannot be arranged to carry out remedial works within 7 days of a written request by Canon, the balance of the contract shall immediately become payable in full.
11. a) Canon guarantees to repair, where it deems it to be practicable and appropriate, or failing that to replace free of charges for labour and materials, any window, door or conservatory roof product including any insulating glass unit, which develops a fault (including condensation between the glasses of the units) and the construction of the base if included in the installation, due to defective materials or workmanship within 10 years of the date of installation.
b) The customer must notify Canon of any claim under the terms of this guarantee within 28 days of discovery of the fault, preferably by sending Canon a recorded delivery letter.
c) Canon will not be responsible for the removal or replacement of curtains, pelmets, blinds, ornaments or articles of furniture on or adjacent to the window area.
d) This guarantee does not extend to:
- Minor imperfections within glass and outside the scope of the visual quality standards of the Glass and Glazing Federation.
- Defects arising in handles, lock or hinge mechanisms and associated parts, the tarnishing, pitting or another marring of the finish of products supplied or breakdown of weather seals gaskets or other similar products which appear more than 12 months after the date of installation and where Canon is not able to rely on a manufacturers guarantee to obtain replacement parts free of charge.
- Defects arising due to normal wear and tear of moving parts.
- Damage due to misuse, neglect or lack of maintenance by the customer, or from causes beyond Canon’s control, ( for example fire, flooding, civil disturbance, criminal damage or acts of war)
- Specialist items installed, for example, electrical ventilators, batteries etc. Where the manufacturer’s normal guarantee will apply.
- Any work(s) carried out by others associated with this installation or to those parts of this installation affected by work(s) by others, other than work(s) carried out by this company or its employees and sub-contractors.
- Consequential losses beyond the replacement or refitting of the products supplied under this Purchase Agreement, including losses arising from the customer’s time taken to allow access for Canon staff to complete installation or remedial works.
- Any condensation that appears on the outside of the glass units.
- ‘Blooming’ on coated glass products which may become visible to the naked eye when light falls from an oblique angle, which in some cases may appear as a ‘Frame Effect’ around the window. This effect is normal and does not indicate dirt or contamination.
Soiling to products or discolouration caused by environmental factors such as air pollution, dirt, fumes, fungal action or other contamination.
12. Nothing in these conditions will reduce the Customer’s statutory rights relating to the supply of goods and services. For further information about these statutory rights, the customer may contact their Local Authority Trading Standards Department or Citizens Advice bureau.
13. Canon provides an insurance-backed guarantee for all contracts, which would protect the Customer if Canon cannot complete the contract or meet any future guarantee obligations and covers the full term of Canon’s guarantee.
14. Value-Added Tax: Prices shown on your Purchase Agreement are inclusive of value-added tax at the rate current at the time of signature. Where the current rate of VAT applicable at the time of completion of works or for any stage payments due varies from the rate at the time of signature, the price paid will be adjusted to the amended rate for the date of invoice and may increase or decrease the price paid accordingly.
Please note that our terms and conditions may be subject to change at any time without any notice.
Retail Terms & Conditions 2021
Retail Terms & Conditions are different to Trade Terms & Conditions which can be found here