If you are using our supply and installation service for a stove and/or fireplace please view the “stoves and fireplaces” terms & conditions.
If you are using our supply and installation service for windows and doors please view the “windows & doors” terms & conditions.
They are available to download and/or view below. Please call us on 0121 308 0899 if you require any clarification.
TERMS & CONDITIONS FOR SALE OF GOODS & SERVICES – EBBEN & YORKE RETAIL LTD
**PLEASE NOTE TERMS & CONDITIONS FOR WINDOWS & DOORS FOLLOW BELOW — PLEASE SCROLL DOWN.**
- Basis of the sale
1.1. We shall sell and you shall purchase the Goods in accordance with any written quotation which we give you and which is accepted by you, or any written order by you which is accepted by us, subject in either case to these Terms
1.2. These Terms shall govern the Contract to the exclusion of any other terms.
1.3. No variation to these Terms shall be binding unless agreed in writing between one of our authorised representatives and you.
1.4. Our employees or agents are not authorised to make any representations concerning the Goods unless confirmed by us in writing. In entering into the Contract you acknowledge that you do not rely on any such representations which are not so confirmed, but nothing in these Terms affects our liability for fraudulent misrepresentation.
1.5. Any advice or recommendation given by us or our employees or agents to you as to the storage, application or use of the Goods which is not confirmed in writing by us is followed or acted on entirely at your own risk, and accordingly we shall not be liable for any such advice or recommendation which is not so confirmed.
1.6. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on the part of us.
- Orders and Specifications
2.1. No order submitted by you shall be deemed to be accepted by us unless and until confirmed in writing by our authorised representative.
2.2. You shall be responsible to us for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.
2.3. The quantity, quality and description of the Goods and any specification for them shall be as set out in our quotation (if accepted by you) or your order (if accepted by us).
2.4. We reserve the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory requirements which do not materially affect their quality or performance.
2.5. All technical data, physical dimensions, capacities and other properties and particulars including drawings are made in good faith as being approximately correct but deviation therefrom shall not Invalidate the Contract nor be made the basis of any claim against us.
2.6. No order which has been accepted by us may be cancelled by you except with our agreement in writing and on terms that you shall indemnify us in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by us as a result of cancellation.
- Price of the goods
3.1. The price of the Goods shall be the quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in our published price list, brochure or catalogue current at the date of acceptance of the order.
3.2. All prices quoted are valid for 30 days only or until earlier acceptance by you, after which time they may be altered by us without giving notice to you.
3.3. We reserve the right, by giving written notice to you at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to us which is due to any factor beyond our control (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by you, or any delay caused by any instructions from you or failure by you to give us adequate information or instructions.
3.4. Except as otherwise stated in a written quotation or in any price list of ours, and unless otherwise agreed in writing between you and us, all prices are given by us exclusive of transport packaging and transit insurance.
- Terms of payment
4.1. Subject to any special terms agreed in writing between you and us you will pay the price of the Goods when a written quotation which we give you is accepted by you, or any written order by you is accepted by us.
4.2. If we have agreed in writing with you to allow you a period of credit in respect of the price:
4.2.1. that period shall be 30 days from the date of the invoice;
4.2.2. if you fail to make any payment on the due date then, without limiting any other right or remedy available to us, we may:
126.96.36.199. cancel the Contract or suspend any further deliveries to you;
188.8.131.52. appropriate any payment made by you to such of the Goods (or the goods supplied under any other contract between you and we) as we may think fit (notwithstanding any purported appropriation by you); and
184.108.40.206. charge you interest (both before and after any judgment) on the amount unpaid, at the rate of 5 per cent per annum above Bar0clays Bank Plc’s base rate from time to time, until payment in full is made.
5.1. Delivery of the Goods shall be made by you collecting the Goods at our premises at any time after we have notified you that the Goods are ready for collection or, if some other place for delivery is agreed by us, by us delivering the Goods to that place.
5.2. Unless agreed otherwise in writing, the cost of transit of any Goods shall be paid by you and any associated risk shall be yours.
5.3. Any dates quoted for delivery of the Goods are approximate only and we shall not be liable for any delay in delivery of the Goods however caused.
5.4. Time for delivery shall not be of the essence of the Contract unless previously agreed by us in writing.
5.5. The Goods may be delivered by us in advance of the quoted delivery date on giving reasonable notice to you.
5.6. Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these Terms or any claim by you in respect of any one or more instalments shall not entitle you to treat the Contract as a whole as repudiated.
5.7. If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
5.8. If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond yours reasonable control or by reason of our fault) then, without limiting any other right or remedy available to us, we may:
5.8.1. store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or
5.8.2. sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the Contract or charge you for any shortfall below the price under the Contract.
5.9. If any Goods are charged for in circumstances where we have agreed in writing that they are returnable, an allowance will only be made for them when they have been received back at our premises in good condition and carriage paid. Unless specified by us in writing, packaging is not returnable.
- Risk and property
6.1. Risk of damage to or loss of the Goods shall pass to you:
6.1.1. in the case of Goods to be delivered at our premises, at the time when we notify you that the Goods are available for collection; or
6.1.2. in the case of Goods to be delivered otherwise than at our premises, at the time of delivery or, if you wrongfully fails to take delivery of the Goods, the time when we have tendered delivery of the Goods.
6.2. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by us to you for which payment is then due.
6.3. Until such time as the property in the Goods passes to you, you shall hold the Goods as our fiduciary agent and bailee, and shall keep the Goods separate from your goods and those of any third parties and properly stored, protected and insured and identified as our property.
6.4. Until such time as the property in the Goods passes to you (and provided the Goods are still in existence and have not been resold), we may at any time require you to deliver up the Goods to us and, if you fail to do so immediately, enter on any premises belonging to you or any third party where the Goods are stored and repossess the Goods.
- Warranties and liability
7.1. Subject to the provisions in clause 7.4 below, we warrant that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship.
7.2. All stoves are covered by a manufacturer’s warranty. The warranty covers the stove body castings only and does not include consumable items such as grates, door rope and glass. The Warranty is only valid for items and systems installed in accordance with current Building Regulations and must only be operated as specified in the instruction manual.
7.3. The benefit of any warranty is only given to the first retail purchaser of the Goods and is not assignable.
7.4. we shall be under no liability:
7.4.1. in respect of any defect in the Goods arising from any drawing, design or specification supplied by you;
7.4.2. in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow instructions (whether oral or in writing), misuse or alteration or repair of the Goods without our approval;
7.4.3. if the total price for the Goods has not been paid by the due date for payment;
7.4.4. for failure of any Goods to attain any performance figure unless we have specifically warrantied that figure or unless that figure is quoted in our official catalogue or brochure in force at the date of delivery;
7.4.5. in respect of minor blemishes and imperfections in the Goods unless they are covered by a manufacturer’s warranty;
7.4.6. for the type of Goods purchased or for the capacity of the Goods to deal with the proposed application;
7.4.7. for the manner in which any Goods are installed or fitted which is solely the responsibility of the person who carried out the work whether or not such person was introduced to you by us;
7.4.8. for any breach of governmental other regulations relating to the use of the Goods by you; or
7.4.9. for incorrect calculations, incompatible designs or advice which may result in the Goods not being suitable for the purpose for which they were purchased.
7.5. Subject as expressly provided in these Terms, and except where the Goods are sold to a person dealing as a consumer, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
7.6. Where the Goods are sold under a consumer transaction your statutory rights are not affected by these Terms.
7.7. A claim by you which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by you) be notified to us within seven days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and you do not notify us accordingly, you shall not be entitled to reject the Goods and we shall have no liability for such defect or failure, and you shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
7.8. Where a valid claim in respect of any of the Goods which is based on a defect in the quality or condition of the Goods or their failure to meet a specification is notified to us in accordance with these Terms, we may replace the Goods (or the part in question) free of charge or, at our sole discretion, refund to you the price of the Goods (or a proportionate part of the price), in which case we shall have no further liability to you.
7.9. Except in respect of death or personal injury caused by our negligence, or liability for defective products under the Consumer Protection Act 1987, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by our negligence, our employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods in accordance with the Contract or at all) or their use or resale by you, and our entire liability under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Terms.
7.10. We shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods, if the delay or failure was due to any cause beyond our reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond our reasonable control:
7.10.1. Act of God, explosion, flood, tempest, fire or accident;
7.10.2. war or threat of war, sabotage, insurrection, civil disturbance or requisition;
7.10.3. acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
7.10.4. import or export regulations or embargoes;
7.10.5. strikes, lock-outs or other industrial actions or trade disputes (whether involving our employees or those of a third party);
7.10.6. difficulties in obtaining raw materials, labour, fuel, parts or machinery; or
7.10.7. power failure or breakdown in machinery.
- Insolvency of buyer
8.1. This clause 8 applies if:
8.1.1. you makes a voluntary arrangement with your creditors or (being an individual or firm) becomes bankrupt or (being a company) become subject to an administration order or go into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
8.1.2. an encumbrancer takes possession, or a receiver is appointed, of any of your property or assets; or
8.1.3. you cease, or threaten to cease, to carry on business; or
8.1.4. we reasonably apprehend that any of the events mentioned above is about to occur in relation to you and notify you accordingly.
8.2. If this clause applies then, without limiting any other right or remedy available to us, we may cancel the Contract or suspend any further deliveries under the Contract without any liability to you, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
9.1. A notice required or permitted to be given by either party to the other under these Terms shall be in writing.
9.2. No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
9.3. If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.
9.4. Any disputes arising from the Contract shall be determined in the Courts of England or, at our discretion, shall be referred to a single arbitrator in accordance with the provisions of the Arbitration Act 1996.
- Definitions and Interpretation
In these Terms :
10.1. “you” means the person who accepts our quotation for the sale of the Goods or whose order for the Goods is accepted by us and “your” shall be construed accordingly;
10.2. “Contract” means the contract for the purchase and sale of the Goods;
10.3. “Goods” means the goods (including any instalment of the goods or any parts for them) which we are to supply in accordance with these Terms;
10.4. ‘we’ means Ebben & Yorke Retail Limited;
10.5. ‘Terms’ means the standard terms set out in this document and (unless the context otherwise requires) includes any special terms agreed in writing between you and us; and
10.6. ‘writing’ includes facsimile transmission email and comparable means of communication and written shall be construed accordingly;
10.7. any reference in these Terms to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time;
10.8. the headings in these Terms are for convenience only and shall not affect their interpretation; and
10.9. unless the context otherwise requires words denoting the singular shall include the plural and vice versa and words denoting persons shall include bodies corporate, unincorporated associations and partnerships.
TERMS & CONDITIONS FOR WINDOWS & DOORS
EY Windows Ltd t/a Ebben and Yorke
No 27 Mitchells Centre, Weeford Road, Sutton Coldfield, B75 6NA
Terms and Conditions of Sale
In these conditions of sale, The Company means as per the details in the header. The “Customer” means the person, firm or company from whom an order is accepted by the Company. “Goods” means goods or services which are subject of such an order be it placed verbally or in writing.
The Customer agrees to purchase and have installed the Goods specified in the form of an order and in accordance with the final quotation number detailed in this agreement.
The Company shall complete the works in accordance with this quotation with due diligence and in a good and workmanlike manner using materials and workmanship of the quality and standards therein specified.
In the event of any variation to the works by the customer, either orally or in writing, this variation will be confirmed by the Company in writing and unless the order is rescinded within seven days shall be treated as confirmed.
Wherever possible a quotation will be given for any additional works or variations to the contract, but otherwise will be charged at a fair price based on the variation.
The Company shall use its best endeavours to complete the works within any period of time specifically agreed in writing between the Company and the customer, but this will not form the basis of the contract and the Company shall not be liable for any delays caused by reasons beyond its reasonable control, including but without prejudice to the generality of the foregoing, inclement weather and delays in obtaining materials from suppliers.
The Company will not be liable to the customer for any unforeseen site conditions not apparent at time of survey and without opening up the existing structure or groundworks.
If on installation the building is found to have any structural defects, infestation or other serious defect the Company shall inform the customer accordingly and agree to postpone the works until the customer, at the customer’s expense, has rectified the problem.
The Customer will provide the free use of a reasonable amount of water and electricity.
The Company will take all reasonable care of the Customer’s property when carrying out the work but cannot accept liability for re-decoration.
The contract price does not include for the repair or replacement of any rotten timber, defective lintels, hidden services or hazardous materials such as asbestos found during the course of carrying out the works of for the repair otherwise of any other structural defects unless such work is specified in the schedule of work. Any such work found to be necessary will be brought to the attention of the Customer and will be the subject of a separate quotation.
The Company does not undertake to move services, fixtures or fittings which are ancillary to the basic structure of the property, e.g. radiators, pipes, electricity, telephone or television cables and the Customer shall remove all household fixtures, including curtains, nets and blinds, before the installation is due to commence. The Company does not take any responsibility for damage caused to any of the above, if not removed by the Customer whilst work is executed. The Company reserves the right to charge for wasted time if it is unable to carry out work due to site specific restrictions/conditions.
No undertaking can be given that the Customer’s existing doors, windows and/or frames can be removed so as to be fit for re-use or any other purpose and they will be removed from the site and disposed of unless the Customer instructs the installer to leave them. Every effort will be made to protect and clean working areas as best as practicable, but the Company cannot be held responsible for small fragments /splinters/ particles, which may still be present.
The Customer agrees to permit access to the Company, its servants and workmen to the installation address at all reasonable times in order that the Company may carry out the works scheduled. If, within 28 days of being advised that the Company is ready to install, the Customer has not agreed to an installation date, the balance of the bespoke product* supply cost becomes payable. A bespoke product is one that has been designed and manufactured to the Customer’s specification and/or made to measure. For example, including, but not solely; glass, frame colour or hardware specification.
Orders are individually manufactured, and any Goods not used in their intended location in the Customer’s premises cannot be credited against the contract price.
Value Added Tax will be charged at the rate prevailing at the time of completion of the works.
The Company shall be entitled to payment as follows and as detailed in the quotation:
Deposit with order (50%)
Stage payment of (30%) on delivery of the goods
Balance in full on completion of work (20%)
The total outstanding balance is payable immediately after the Goods have been properly installed or delivered in accordance with the terms of the contract. Payment is to be made to the installer in cash or by cheque made payable to the Company. Any outstanding balances not paid in full by the Customer on the date of the installation will be compounded at a monthly interest rate of 2.5%
The Company reserves the right to cancel this order in the event that the surveyor is not entirely happy that the Company can fulfil its obligations to the Customer within the contract price. In this event, any deposit or monies in respect of the contract will be refunded in full by the Company.
The Customer hereby acknowledges that the items and diagrams in this contract have been checked and are correct.
In the event of any dispute arising during the course of or subsequent to completion of the contract the customer will not be entitled to withhold payment in excess of an amount representing a reasonable valuation of the work required to rectify or replace any allegedly defective works which are the subject of the dispute.
Risk shall pass to the Customer when Goods leave the Company’s premises where the Customer collects. Risk shall pass to the Customer when Goods have been installed by the company.
Notwithstanding that the risk in the Goods has passed to the Customer, the ownership of the Goods shall remain with the Company which reserves the right to possession and to dispose of the goods until such time that payment has been received in full by the Company and cleared through the Company’s bank account.
In addition to its statutory obligations the Company guarantees the works against faulty materials and workmanship after installation as follows:
Hardwood and PVCu extrusions and vacuum formed panels are guaranteed not to discolour or degenerate structurally for a period of ten years
Sealed double glazed units are guaranteed not to form condensation within the cavity for a period of five years
All mechanical parts such as locks, hinges, handles etc that are subject to wear and tear are guaranteed against malfunction under normal use for a period of one year
This guarantee is conditional on the works being adequately and properly maintained and does not cover any physical damage caused by misuse, impact, abrasion, or cleaning with a non-proprietary chemical.
Notice of any claim under this guarantee must be made in writing to the Company within fourteen days of the alleged defect becoming apparent.
This guarantee is not transferable unless requested in writing and agreed to by the Company, and is subject to an administration fee, which will be advised by the Company at the time of the request.
The company does not deem the contract complete for the purposes of ordering a Building Control Certificate until the consumer has paid in full and has signed a customer acceptance of installation sheet confirming the customers satisfaction with the installation and the completion of any snagging issues.
The Company reserves the right to make minor variations in the specification of any of its products at its discretion and without prior notice to the Customer, in keeping with the Company’s policy of continuous development and improvement. Any specification changes will be of an equal or improved product standard.
Any product guarantee will come into effect immediately upon completion of the works provided that the full price has been received (less any appropriate amount in the event of defects) by the Company on the due date.
It should be clearly understood that no alteration or cancellation of the order, if signed by the Customer “subject to building society/bank/finance company approval”, can be made, unless written confirmation of the refusal of finance received from the building society/bank/finance company concerned is provided to the Company. At that time, this Contract will be deemed to be null and void and any deposit which has been paid will be returned to the Customer.
The delivery or installation period quoted is that anticipated at the time of the order and will be improved on if possible. In the event that this contract is not completed within the specified delivery period, the Customer may serve notice on the company in writing, requiring that the work be carried out and completed within six weeks. If the work is not completed within such expended period, the Customer may cancel the uncompleted work covered by the contract without penalty on either side and without loss of any deposit paid by serving written notice by recorded delivery post to the Company. Notwithstanding the foregoing, the Company shall not be liable for any delay in the completion of work which arises from causes beyond the reasonable control of the Company; In the event that time has been made the essence of the contract, time shall not run during such delay or when a delay due to the customer.
The Company’s liability to the Customer in respect of the direct or indirect consequences of any breach or non-performance howsoever caused or of the strikes or of lock-outs or of any other circumstance beyond the Company’s control or of non-supply by a third party or arising out of negligence or of any misrepresentation or of force majeure or of any other tort or breach of statute by the Company, its employees or its agents shall be limited to the price of the goods which are subject matter of the particular order. The Company reserves the right to treat the contract as at an end with no compensation payable to the Customer.
The Company does not claim or guarantee that its products eliminate or even reduce the incidence of condensation.
The Company will, at its sole discretion, repair or replace all goods that are or become defective by reason of faulty materials or workmanship in line with our written guarantee.
In the event of a dispute between the parties the customer shall agree to use, and be bound by the terms of, the dispute resolution services provided by the company’s Certification Body or Competent Person Scheme Operator
Nothing in these terms and conditions shall be interpreted as excluding or restricting the statutory rights of the Customer.
The formation, construction and performance of this agreement shall be governed in all by English Law.
Ebben and Yorke are a Certass registered company.
We are also vetted by Homepro (www.homepro.com) and have been certified as a reputable contractor.
This is based on the following criteria: –
Legal and financial checks to investigate the contractor’s stability
Reference checks from previous customers and scores for quality, timeliness, value for money and courtesy.
We offer through them an insurance backed guarantee (IBG) to protect your financial investment which is above and beyond the guarantee detailed above.
This is an insurance that protects the customer should the contractor cease to trade and is unable to either complete the work or honour the terms of the guarantee given to you on the completed project.
It covers :-
— Workmanship by your contractor for a period of up to 10 years.
— Materials used by your contractor for the period of the manufacturers guarantee to a maximum of 10 years.
— Recovery of Deposit Payments up to 25% of contract value to a maximum of £10000. The cover lasts for 90 days from payment of deposit.
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us* of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached cancellation form, but it is not obligatory. You can also electronically submit your notice to cancel or any other clear statement on our website via the contact page or email**. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation by email without delay.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
*EY Windows Ltd, Showroom manager, No 23 Mitchells Centre, Weeford Road, Sutton Coldfield, Birmingham, West Midlands, B75 6NA.
Tel: 0121 308 0899 **Email:firstname.lastname@example.org **www.ebbenandyorke.co.uk
Effects of cancellation
If you cancel this contract, we will reimburse to you all payment received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other that the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than –
- a) 14 days after the day we receive back from you any goods supplied, or
- b) If there were no goods supplied, 14 days after the date on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We will collect the goods.
If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.