Conditions of Sale
The customer agrees to purchase and have installed, and the Company agrees to supply and install the products set
out in the associated documents. Any variations to works or specification must be agreed in writing by both parties.
1. Parties: This agreement is between Goliath Home World Limited, referred to as the Company, and the
purchaser, referred to as the customer. It is binding on both parties, the customer’s cancellation rights are shown
below however. The Company does however reserve the right to cancel this order if, upon receipt of our surveyors
working detail, we consider that a satisfactory level of installation cannot be achieved. The customer will allow
reasonable access to the Company’s surveyor.
2. Payment: Payment of the sum of money specified is immediately due upon completion of the installation unless
alternative payment terms have been previously agreed. The Company will accept payment by cash, cheque or by
Bank transfer. Failure to make payment under the agreed terms (unless these terms are varied and agreed by both
parties) invalidates the Guarantee.
3. Ownership of goods: The goods will remain the property of the Company until paid for in full.
4. Additional Work: The customer is deemed to be responsible for any removal and re-fitting of alarms/curtain
rails/cables/pipes/tiling etc. and re-decorating after installation. No additional works will be carried out other than
those agreed on the contract associated with this document. If any repair/replacement of any lintols, construction
defects or latent defects are found to be necessary during the course of the work which could not have been
reasonably detected at survey, an additional quotation will be submitted for acceptance by the customer. It is the
customer’s responsibility to apply the finish to all woodwork used in the installation within a reasonable period of
time after installation. The property will only be inspected around the proximity of the area immediately adjacent to
each installation aperture. Structural integrity of the property is not assessed.
5. Guarantees: The Company will pass on all manufacturer guarantees for the periods as follows:
PVCu frames – 10 years against warping, cracking or discolouring.
Sealed Units – 10 years against unit failure i.e. condensation between panes.
Hardware (handles, hinges, locks etc) – 10 years against mechanical failure.
This guarantee can be transferred to subsequent owners of the property but a charge to cover administrative costs
will be made. For any claims under this guarantee, the Company requests that the customer notifies the Company,
in writing, within 14 days of discovering the fault.
In the event that the Company ceases to trade within the above mentioned guarantee period, the Network VEKA
Insurance Backed Guarantee will apply, terms and conditions of which are detailed separately.
6. Permissions: The Company will endeavour to provide reasonable guidance regarding any Planning or Building
Regulation permission required by the customer at the pre-contract stage. However, unless agreed otherwise, the
customer shall be wholly responsible for obtaining any such necessary Planning, Building Regulation, Legal or
other permissions prior to installation.
7.: Installation Date: An approximate installation date will be given by the Company at the earliest available
opportunity. However, this date may be affected by circumstances beyond the Company’s control. Whilst the
Company will endeavour to meet the date given, it cannot be held liable for any delays which may occur.
7a.: Time shall not be the essence of the contract. However, where an installation must be completed for the
customer by a certain date, such a date must be expressly stated by the Company on the face of the contract.
The customer must provide reasonable access to the property for the installation to proceed. Where this is withheld
or delayed unnecessarily by the customer, the Company shall give 14 days’ written notice of a new installation
date. Should installation thereafter not be completed due to lack of access, the Company will then be entitled to
charge for the cost of the materials, reasonable labour expended, 15% profit and 15% overhead. Such costings shall
be justified by the Company in writing to the customer.
8. Glass: Minor imperfections within the glass and outside the scope of the GGF standards (i.e. any glass defect not
apparent in normal daylight by the naked eye at a distance of 2 metres), will not be construed as a defect. It is not
uncommon that some distortion can occur on double or triple glazed units when viewed from various aspects. The
Company cannot be held responsible for glass breakages once installed. The Company can give no warranty
concerning the incidences, prevention or elimination of condensation following installation.
9. Disputes and remedies under the Consumer Rights Act 2015: As a consumer, the goods supplied to you must
be a: of a satisfactory quality, b: fit for the purpose you have made known to the Company and c: as described in a
model or a sample. Also, the installation must be carried out properly and to the standard of a reasonably competent
tradesperson.
If the above rights are not met, you are entitled to certain forms of redress as follows:
Installation Faults: The customer has a right to repair or replacement of the goods (including re-installation) and,
if this is ineffective, the right to a price reduction or the final right to reject. Any repairs to the installation or
products will only be deemed complete once the Company have indicated so in writing to the consumer.
Product Faults: The short term right to reject is not applicable to installed goods. Any faults arising in the
products within the first 6 months must be shown as such by the customer. If so shown, the fault will be accepted as
being present at the time of installation.
Any faults arising in the products after 6 months of the installation, the customer must be able to prove that there is
a fault and that the fault existed at the time of installation.
10. Survey details: Following receipt of the survey, the Company may need to make alterations/modifications to
the design or specification of goods necessary to facilitate installation. Any such alterations/modifications will only
be made with the full agreement of the customer. The design and spacing of leaded and Georgian style products
will be fully discussed and will only be confirmed after the full agreement of the customer.
11. Exclusions: Should it be deemed that damage to installed goods is not covered by the guarantee due to misuse,
accidental, wilful, malicious, negligent damage or normal wear and tear, the customer will be responsible for the
cost of the replacement and re-installation. Any works carried out, other than a person authorised to do so by the
Company, which affect the goods installed, will invalidate the guarantee. The products must be cleaned and
maintained in accordance with the Maintenance Guide provided.
12. Statutory Rights: The rights of the customer shall generally be those as set out in the Consumer Rights Act
2015 and also within the common rights under English Contract Law. The foregoing terms and conditions do not
seek to replace nor override any rights the customer may have under the above statutes.
13. Notice of Right to Cancel: All products supplied under the contract are ‘bespoke’ and therefore, in accordance
with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, do not attract
a 14 day ‘cancellation period’.
14. Fair Contract Terms: Should any part of this contract be found to be unenforceable, then the remaining parts
stand.
15. Complaints: We always endeavour to provide the best service and products for our customers. However, on
rare occasions, we recognise that there may be times when our customers are not completely satisfied. To ensure
we are able to put things right as soon as we can, please carry out the following procedure and we will respond
promptly to ensure complete satisfaction:
As soon as possible after completion of the works, please inspect the work to ensure that everything has been
carried out to our usual high standards. In the unlikely event that you are not completely satisfied, please contact us
by telephone, post or e-mail at the earliest opportunity. We aim to respond within 7 days of receiving your
complaint and, where possible, will provide you with a date to remedy any issues you may have.
Where we cannot resolve any complaints using our own procedures, as a Which? Trusted Trader, we use the
Dispute Resolution Ombudsman for dispute resolution. If you wish to refer the complaint to them, please contact
them direct on 0117 456 6031 or via their website http://www.disputeresolutionombudsman.org/which-trustedtraders-
partnership/
16. General Data Protection Regulation (GDPR): The Buyer hereby consents to the Seller using any information
provided by the Buyer for any purposes connected with the supply of goods under the contract, including without
limitation, the carrying out of a credit check on the Buyer, arranging credit insurance, processing payment by the
Buyer, enforcing the Buyer’s obligations under the Contract and carrying out its own obligations under the
Contract.
We may also use this information to send marketing information relating to the Buyer, products and services
available under legitimate interest. The Buyer can however opt out of the marketing communications at any time if
they do not feel it is relevant. Our full Privacy Policy is available at www.goliathgroup.net.
Goliath Home World Limited December 2019