This website is owned by Matthews & Peart Ltd, registered in England & Wales at Archers Way, Battlefield Enterprise Park, Shrewsbury, SY1 3GA, company number 1410823, VAT number 351 7347 56
Please read through our terms and conditions.
These terms and conditions of sale update and supersede all our other terms and conditions issued.
MATTHEWS & PEART LTD
TERMS AND CONDITIONS
a)“Conditions”: means these standard terms and conditions set out in this document and any special terms and conditions specifically agreed in writing between the Customer and Matthews & Peart Ltd from time to time;
b)“Contract”: means the contract between the Customer and Matthews & Peart Ltd for the purchase and installation of the Products incorporating these Conditions;
c)“Customer”: means the person described as the Customer in the Quotation;
d)“Premises”: means the premises at which the Products are to be installed by Matthews & Peart Ltd;
e)“Products”: means the products as manufactured, supplied by third parties and/or installed by Matthews & Peart Ltd and as set out in the Schedule of Works/ Quotation;
f)“Purchase Order” means the pro forma order form/ Quotation signed/verbally agreed by the Customer;
g)“Schedule of Works”: means the work to be carried out by Matthews & Peart Ltd as set out in the Contract;
h)“Matthews & Peart Ltd”: means Matthews & Peart Ltd registered in England & Wales at Archers Way, Battlefield Enterprise Park, Shrewsbury, SY1 3GA, company number 1410823, VAT number 351734756
i)”Writing” and “written”: includes written letter, facsimile transmission and comparable means of communication including e-mail.
j)”Completion”: means when Matthews & Peart Ltd’s installation team ask if the “Customer” is happy with the installation before they leave the installation address. If no comment is made to the contrary, the Customer is deemed to be happy and agrees that job has reached Completion.
2. BASIS OF PURCHASE
a)The Contract is made between Matthews & Peart Ltd and the Customer in accordance with any written quotation of Matthews & Peart Ltd which is accepted by the Customer and which is subject to these Conditions which shall govern the Contract (or any variation of the Contract as applicable). These supersede any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made by the Customer.
b) Any illustrations in Matthews & Peart Ltd’s promotional literature and documentation are for guidance purposes only and are not binding on Matthews & Peart Ltd or to scale. All colour stained swatches are for the Customer’s guidance purposes only and Matthews & Peart Ltd cannot guarantee exact colour matches due to the manufacturing processes.
c) The Contract is personal to the Customer and the Customer shall not be permitted to assign the Contract or any part of it without the prior written agreement of a director of Matthews & Peart Ltd.
a)The Contract is conditional upon a surveyor appointed by Matthews & Peart Ltd (the “Surveyor”) approving the Schedule of Works and specifications as contained in the Contract.
b)In the event the Surveyor believes that the Schedule of Works and specifications detailed in the Contract need to be amended in any way or additional works need to be carried out, the Contract shall be amended by Matthews & Peart Ltd in its sole discretion and signed by both Matthews & Peart Ltd and the Customer (the “Variation of Contract”).
c)The Customer agrees that Matthews & Peart Ltd shall not be obligated to carry out any works pursuant to these Conditions until the provisions of this clause have been satisfied.
d)Unless the Contract states to the contrary Matthews & Peart Ltd shall not be responsible for arranging any scaffolding that may be required in order to carry out the Contact. If the surveyor indicates that scaffolding is required, then the Customer can appoint a third party to carry out such work as required. The Customer acknowledges and agrees that Matthews & Peart Ltd shall not accept any liability for any claims, demands, actions, proceedings and all damages, losses, costs, and expenses (including legal expenses) suffered or incurred by the Customer as a result of any scaffolding works not carried out by Matthews & Peart Ltd.
e)In the event the Surveyor is unable to approve the Schedule of Works and/or the specifications contained in the Contract for any reason whatsoever or the Customer refuses any amended Schedule of Works or other amendments, then Matthews & Peart Ltd shall repay to the Customer the deposit (without any payment of interest) and the Contract will be terminated.
f) The Customer hereby acknowledges and agrees that the Surveyor, in carrying out his obligations pursuant to this clause 3, will only ascertain the feasibility of the Schedule of Works specified in the Contract. The Surveyor is not a building surveyor and will not undertake a general survey of the Premises but will survey such areas of the Premises that relate directly to the Schedule of Works. Matthews & Peart Ltd shall not be liable for remedying any defect existing in the Premises before the date of installation pursuant to the Schedule of Works or for any damage arising therefrom. In the event Matthews & Peart Ltd insists that new lintels are required where none existed previously or where existing lintels have deteriorated, any new lintels are the responsibility of the Customer and not Matthews & Peart Ltd. In the event Matthews & Peart Ltd needs to carry out any remedial works prior to carrying out the Schedule of Works, Matthews & Peart Ltd shall give to the Customer a written quotation for such additional works. If Matthews & Peart Ltd is unable to carry out the remedial works or the Customer wishes to appoint a third party to carry out such remedial works Matthews & Peart Ltd shall not commence the Schedule of Works until such time as the remedial works have been completed to Matthews & Peart Ltd’s satisfaction and the Premises have been re-surveyed.
You have the right to cancel this contract if you want to;
a)Products such as windows which are made to measure and made to your specific requirements are exempt from the right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. However, in accordance with the GGF Consumer Code of Good Practice we provide you with a right to cancel without charge up to 7 calendar days after the date of the contract.
b)Products which are not made to measure – in addition to the right to cancel without charge up to 7 calendar days from the date of contract, you have a right to cancel the contract up to 14 calendar days after the date of delivery. However, you agree that the survey, erection of any necessary access equipment and installation work for such products may start before the end of this 14 days cancellation period. If you cancel we will collect the products delivered but not installed and we will charge you our reasonable costs of collection. We will also charge you our reasonable costs for the survey, access equipment and installed products provided up to the point of cancellation.
c)Your right(s) of cancellation referred to above, can be exercised by delivering or sending a cancellation notice to the company mentioned in the next paragraph within the time periods indicated.
d)The cancellation notice may be given to Matthews & Peart Ltd, Archers Way, Battlefield Enterprise Park, Shrewsbury, SY1 3GA; email firstname.lastname@example.org . You may use the cancellation form provided if you so wish.
e)The notice of cancellation is deemed to be served as soon as it is posted or sent to Matthews & Peart Ltd or in the case of an e-mail or fax from the day it is sent to Matthews & Peart Ltd.
f)Any related credit agreement will be automatically cancelled if the contract for goods or services is cancelled.
g)Matthews & Peart Ltd shall be entitled to cancel the Contract for whatever reason without penalty by giving the Customer written notice:
No variation of these Conditions or the Contract shall be binding unless agreed in writing by both Matthews & Peart Ltd and the Customer.
6. DELIVERY/ INSTALLATION
a)The time of delivery, the period for installation of the Products and final completion as set out in the Contract or the Variation of Contract is approximate only and Matthews & Peart Ltd shall not be liable for any delay in the delivery, installation and completion of the Products howsoever caused. Time shall not be of the essence for the purposes of these Conditions and the Contract.
b)In the event the Customer is financing the Contract by a Building Society or a Finance Company the estimated period of delivery shall be calculated from the date that the confirmation of approval of the loan is received or the date of the Contract (whichever is later).
c)If the work is not commenced within the estimated installation period stated in the Contract, the Customer may serve written notice on Matthews & Peart Ltd requiring the work to be completed within a reasonable period of time but in any event no less than 6 weeks (the “Extended Period”). If Matthews & Peart Ltd fails to carry out the work within the Extended Period the Customer may cancel the Contract (without liability) by providing to Matthews & Peart Ltd not less than 7 days written notice and will receive a refund of any monies which represent a payment for the installation of the Products by Matthews & Peart Ltd pro rated against the actual work carried out by Matthews & Peart Ltd.
d)The customer will provide reasonable access to enable the installation to be completed on a previously agreed date. If access is not available through some reason made by the Customer a new fitting date must be agreed within 14 days of the previous fitting dates. If the period exceeds 14 days, an account will be produced and immediate payment will be required.
7. CUSTOMER OBLIGATIONS
a)The Customer undertakes to ensure that all applicable consents, permits, permissions and government requirements (including without limitation planning permission and building regulation approval) are obtained prior to Matthews & Peart Ltd commencing the Schedule of Works.
b)Matthews & Peart Ltd will not be responsible for moving any services, fixtures or fittings which are ancillary to the basic structure of the property including without limitation radiators, pipes, electricity, telephone, television cables, door bells, burglar alarms or gas The Customer must ensure that such removal is carried out prior to Matthews & Peart Ltd commencing the Schedule of Works.
c)Matthews & Peart Ltd shall clear from the Premises any materials it has removed during the course of carrying out the Schedule of Works. The Customer acknowledges and agrees that any such materials cannot be retrieved unless it is clearly specified in the Contract that they are to be retrieved.
d)Whilst Matthews & Peart Ltd shall render all finishes in one coat sand and cement, the Customer shall be responsible for all specialist applications.
e)The Customer shall be responsible for the removal and replacement of any blinds, pelmets and curtains. The Customer must ensure that such removal is carried out prior to Matthews & Peart Ltd commencing the Schedule of Works.
f)In the event the Customer wishes Matthews & Peart Ltd to remove any secondary double glazing Matthews & Peart Ltd shall charge the Customer at the current rate. For the avoidance of doubt Matthews & Peart Ltd shall not be responsible for the refit of the secondary double glazing and cannot guarantee that it will be removed intact.
g) The Customer shall be responsible for the removal of any items that are directly in front of the window (including but not limited toall tv and audio visual equipment). The Customer must ensure that such removal is carried out prior to Matthews & Peart Ltd commencing the Schedule of Works. Matthews & Peart Ltd shall not be liable for any damage caused as a result of the Customer not undertaking such removal.
a)Whilst Matthews & Peart Ltd will endeavour to ensure that the completed Schedule of Works matches the existing finishes at the Premises, Matthews & Peart Ltd shall not be liable to the Customer in respect of non-matching due to weathering of existing materials at the Premises or non-matching of existing external specialist finishes including without limitation pebble-dashing, tyrolean or similar material. Similarly, when variations occur in existing plaster lines Matthews & Peart Ltd cannot guarantee that equal amounts of subframe will be visible all round.
b)In the event Matthews & Peart Ltd needs to remove or replace existing glass, frames or secondary double glazing units, Matthews & Peart Ltd shall not be liable for any damage caused as a result of such removal or replacement.
c)Whilst Matthews & Peart Ltd will make good any damage caused by it in the course of installation in respect of plasterwork, floors, rendering or brickwork immediately surrounding any products installed, it will not be obligated to provide matching ceramic or others tiles or specialised finishes or be liable to the Customer in the event there is any damage to surround wall finishes or any panes of glass or frames from old windows which the Customer wishes to retain.
d)Matthews & Peart Ltd shall not be liable for any loss or damage suffered or incurred by the Customer as a result of any structural or other defects in the Customer’s Premises. Any complaint or claim by the Customer for compensation for damage done by Matthews & Peart Ltd for which Matthews & Peart Ltd may be liable under these Conditions must be made in writing within 7 days of installation, in default of which Matthews & Peart Ltd shall accept no liability thereof.
e)Matthews & Peart Ltd shall not be liable for any delay in the completion of the work which arises from causes beyond their reasonable control (for example fire, flooding, civil disturbances, strike action, action by suppliers, criminal damage and acts of war. Time shall not run during any period when there is a delay on such accounts.
f)Non acceptance of the installation will render the Customer liable for additional expenses. If within 6 weeks of the end of the estimated installation period, the Customer is unable to accept an appointment for installation, 80% of the purchase price will be payable to cover the costs incurred by Matthews & Peart Ltd for the manufacture and or procurement of the products. Installation or delivery will follow as soon as is reasonably practicable by agreement and the remaining 20% balance will be payable.
g)Whilst Matthews & Peart Ltd shall use its reasonable endeavours to fulfil its obligations pursuant to the Contract, Matthews & Peart Ltd shall not be liable for any delay due to, or any loss of damage occasioned by any cause arising from or attributable to, acts, events, omissions or accidents beyond its reasonable control including but not limited to acts of God, strikes, lock-outs, shortage of labour or any other labour trouble, shortage of power, materials, malicious damage or obligatory compliance with any request, order or regulation of any person having or appearing to have authority in that regard whether for defence or other national or local governmental purposes or otherwise.
9. PRODUCT SPECIFICATION
10. NEW BUILD OR PREPARED OPENINGS
In the event Matthews & Peart Ltd is manufacturing the Products to the Customer’s specifications, Matthews & Peart Ltd shall not be responsible to check that any such specifications supplied by the Customer are accurate. If the specifications supplied by the Customer are inaccurate, the Customer shall indemnify Matthews & Peart Ltd against the cost and expense incurred by Matthews & Peart Ltd as a result of manufacturing the Products.
11. BUILDING WORK
Unless the Contract states to the contrary Matthews & Peart Ltd shall not carry out, be responsible for or supervise any building work on behalf of the Customer. The Customer acknowledges and agrees that Matthews & Peart Ltd shall not accept any liability for any claims, demands, actions, proceedings and all damages, losses, costs, and expenses (including legal expenses) suffered or incurred by the Customer as a result of any building works not carried out by Matthews & Peart Ltd.
a)Matthews & Peart Ltd shall be entitled to invoice the Customer for the Price when it has substantially completed the Schedule of Works. Unless otherwise agreed in writing with Matthews & Peart Ltd, the Customer shall pay the Price immediately upon receipt of the invoice. Any sum outstanding following substantial completion will be subject to any reasonable fees incurred as a result of collection.
b)Where Stage Payments are agreed on the Purchase Agreement, they follow the following payment terms, unless otherwise agreed in writing:
c)Matthews & Peart Ltd is authorised to accept cash, bank transfers and personal cheques. If there is a defect in the work, the Customer is still liable to pay the invoice pursuant to the terms of clause 12 but shall be entitled to rely on clause 15.
13. PASSING OF TITLE
a)Risk of damage to and loss of the Products shall pass to the Customer at the time that Matthews & Peart Ltd delivers the Products to the Customer. If the Customer does not allow installation to take place immediately after delivery of the Products, the Customer shall insure the Products against loss and damage accordingly. In the event there is any loss or damage to the Products prior to installation, the Customer shall hold the proceeds of any insurance as trustee for Matthews & Peart Ltd.
b)Notwithstanding delivery and the passing of risk in the Products or any other provision of this Contract, the property in the Products shall not pass to the Customer until Matthews & Peart Ltd has received payment in full (pursuant to clause 12) of the Price.
c)We shall retain ownership of any goods which have not been fixed to your property, until the purchase price has been paid.
The Customer is required to pay VAT at the appropriate rate. If the Customer believes that it is entitled to pay less than the standard rate it must provide satisfactory proof at the time of entering into the Contract otherwise it will be invoiced at the standard rate.
a)In case of a repair or replacement, the period of guarantee shall extend up to the limit of the original guarantee or for 12 months from the date of the replacement whichever is later.
b)Matthews & Peart Ltd guarantees to repair or replace free of all charge, any PVCu window frame installed by Matthews & Peart Ltd which develops a material fault due to defective materials or workmanship within 10 years of the date of installation, validated upon receipt of full payment.
c)Matthews & Peart Ltd guarantees to repair or replace free of all charge, any double glazed unit installed by Matthews & Peart Ltd which develops material condensation internally between the panes within 10 years of the date of installation except where installed into timber where this is only guaranteed for a period of 2 years. Integral blinds come with a 5 year guarantee from the date of installation.
d) Matthews & Peart Ltd guarantees to repair or replace free of all charge, any roofline installation undertaken by Matthews & Peart Ltd which develops a fault due to defective materials or workmanship within 10 years of the date of completion.
e)Matthews & Peart Ltd guarantees to repair or replace free of all charge, any System Components for roofs which are white unpainted, powder coated, foiled or SIP Panel construction, installed by Matthews & Peart Ltd which develops a material fault due to defective materials or workmanship within 10 years of the date of installation .
f)Matthews & Peart Ltd guarantees to repair or replace free of all charge, any System Components for roofs which are coloured, otherwise coated and/or painted, installed by Matthews & Peart Ltd which develops a material fault due to defective materials or workmanship within 5 years of the date of installation.
g)Matthews & Peart Ltd guarantees the powder coating applied to the aluminium window and door profiles for a maximum of 10 years* against the following faults:
iii. Chalking, fading and loss of sheen;
* Please notify where the frames are meant to be installed within hazardous environmental conditions, such as marine, industrial, or swimming pools as this will reduce the guarantee periods which will be subject to prior agreement. The end user is responsible for maintaining and cleaning the products in line with the extruders requirements, failure to do so will invalidate the guarantee, details can be obtained on request.
h)All white, foiled, painted or 360 PVC are covered by our profile suppliers specific guarantee and are subject to their terms and conditions of use, please ask for further details on these terms.
i)Despite the fact that the Customer’s statutory rights remain unaffected, this guarantee does not extend to:
iii. goods that have been removed or repositioned by persons other than Matthews & Peart Ltd;
vii. the buildup of atmospheric debris behind the external gaskets;
viii. matching stained glass colours as these vary from batch to batch;
16. GENERAL DATA PROTECTION REGULATION 2016/679 (GDPR)
a)By entering into the Contract the Customer consents that Matthews & Peart Ltd may process any personal data (including sensitive personal data) that Matthews & Peart Ltd collects from the Customer in accordance with the Customer’s express instructions. Information we store includes your name; address/postcode; telephone numbers; email; company details;, contract details, Purchase Agreement, service sheets; notes/correspondence relating to any quotes/contract/customer.
b)Matthews & Peart Ltd will use personal information for the purpose of administering and expanding our business activities, providing customer services and making available our products and services to our customers and prospective customers.
c)We may send you marketing communications relating to our business which we think may be of interest to you, by post, by email or telephone (you can inform us at any time if you no longer require marketing communications, see clause 16(h)).
d)We will retain your Personal Data for up to 10 years from the date of submission or alternatively our last communication with you. We require access to your details in order to refer to any future service, warranty or remedial work which you may require. Without such, we will be unable to refer to previous installations or remedial work. Please note that we manufacture everything on a bespoke basis and if we do not retain your details we will be unable to access your contract details and therefore your warranty will be void.
e)Information is stored on a secure database and accessed by authorised and trained personnel only with a duty of confidence.
f)As part of certain warranties and guarantees and special offers, we are required to provide third parties with your information in order to validate the information should you be required to refer to it in the future.
g)The Contract may be conditional upon Matthews & Peart Ltd’s approval of the Contract following an agency search. The agency will keep a record of the search and share that information with other businesses. Matthews & Peart Ltd reserves the right to cancel the Contract with immediate effect should adverse credit information come to light which Matthews & Peart Ltd believes may adversely effect the Customer’s payment pursuant to the Contract.
h)You retain your rights under the GDPR, including the right to be forgotten. Please contact The Data Controller if you wish to assert any of your rights under the GDPR. The Data Controller is Matthews & Peart Ltd, Archers Way, Battlefield Enterprise Park, Shrewsbury, SY1 3GA. For further information and for copies of procedures, please contact Matthews & Peart Ltd on 01743 460900.
17. CONDENSATION AND NOISE
a)Matthews & Peart Ltd double glazed units are designed primarily to reduce heat loss which occurs through single The presence of condensation depends upon the environment within the dwelling and exterior atmospheric conditions. For the avoidance of misunderstanding, please refer to the Matthews & Peart Ltd leaflet about condensation.
b)Matthews & Peart Ltd gives no warranty concerning noise reduction or the incidence, prevention or elimination of condensation following the installation of the Products neither do its personnel have the authority to give such
c)Where trickle vents have been fitted, external noise may be louder inside the Premises following installation.
Matthews & Peart Ltd supports the GGF Code of Ethical Practice as promoted by the GGF and undertakes to work within the guidelines or this and any other GGF Code of Practice. A copy of the code is carried by a Matthews & Peart Ltd Representative and is also available from Matthews & Peart Ltd’s Head Office.
19. INSURANCE BACKED GUARANTEE
Every homeowner who has replacement windows and doors, a conservatory or roofline products supplied and installed by Matthews & Peart Ltd is issued with an Insurance Backed Guarantee (IBG) supplied and underwritten by the Glass and Glazing Federation (GGFi). An IBG insures the installation company’s guarantee if they ceased to trade.
a)In the interest of efficiently dealing with any query, written notice must be given to Matthews & Peart Ltd at its Head Office.
b)In entering into the Contract, the Customer agrees to afford Matthews & Peart Ltd a reasonable opportunity to respond to, and remedy, any complaint for which Matthews & Peart Ltd is liable.
c)If any complaint is not remedied by Matthews & Peart Ltd to the Customer’s reasonable satisfaction, in the event of a dispute Matthews & Peart Ltd will, at the Customer’s request, provide details of the GGF’s Arbitration Scheme administered by the Chartered Institute of Arbitrators.
The Contract and these Conditions represents the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the Contract.
The Customer acknowledges and agrees that in entering into the Contract it does not rely on and will have no remedy in respect of any statement, representation, warranty, or understanding (whether negligently or innocently made) of any person whether or not a party to the Contract other than as set out in the Contract and these Conditions. Nothing in these Conditions or the Contract shall operate to exclude or limit liability for fraud.
The Contract shall be governed by the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.
Replacement windows and doors are required to comply with parts L1 and N1 of the Building Regulations. Matthews & Peart Ltd are members of FENSA self-certification scheme. This is not applicable to non-domestic or new build installations.
In order to comply with part L1, glass used will require a specialist coating. Please note that there is a slight tint to this which will distort the appearance of Georgian bars, giving a greenish tint to them when viewed from outside.