Terms & Conditions
Our terms and conditions (“Conditions”)
1 These terms
1.1 What these Conditions cover. These are the Conditions on which we supply Materials to you, and/or undertake the Services (as the case may be).
1.2 Why you should read them. Please read these Conditions carefully before you submit your order to us. These Conditions tell you who we are, how we will provide Materials and/or undertake the Construction Project for you, how you and we may change, or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Conditions, please contact us to discuss.
Interpretation
1.3 “Conditions” means the standard conditions of sale set out in this document, the Quotation and the Specification and (unless the context otherwise requires) includes any special terms agreed in writing between us;
“Contract Price” means the price of the Construction Project or the supply of the Materials (as the case may be) to be supplied by us as agreed as set out in the Quotation and varied as set out in these conditions;
“Construction Project” means the construction project of the customer referred to in the Specification and for which the scope is limited in accordance with clause 6.18;
“Materials” means the joinery, timber framework and other materials required to undertake the Construction Project;
“Planning Fee” means all costs and expenses incurred by us or on behalf of us in connection with the Consents;
“Quotation” means the written quote provided to you setting out the price for the supply of the Materials or undertaking the Construction Project (as the case may be);
“Services” means either:-
(i) supply, construction and installation of the Construction Project with no decoration; or
(ii) supply, construction, installation and decoration of the Construction Project; or
(iii) the supply of Materials only
and as set out in the Quotation.
“Specification” means the specifications for the Construction Project as agreed between us.
1.4 any reference to the contract means the contract for undertaking the Construction Project or the supply of the Materials (as the case may be) in accordance with these Conditions;
2 Information about us and how to contact us
2.1 Who we are. We are OAK & HOME TRADITIONAL BUILDING LIMITED a company registered in England and Wales. Our company registration number is 10091979 and our registered office
is at Parkside Farm, Holyhead Road, Boningale, Albrighton, Shropshire, WV7 3DA. Our registered VAT number is 245 966761.
How to contact us.
You can contact us by telephone on 01902 244255, by emailing us at info@oakandhome.co.uk or writing to us at Parkside Farm, Holyhead Road, Boningale, Albrighton, Shropshire, WV7 3DA
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these Conditions, this includes emails.
3 Our contract with you
3.1 How we will accept your order. Your acceptance of the Quotation will be your order to us. Our acceptance of your order will take place when we contact you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, or because we are unable to meet a delivery deadline you have specified.
4 Our Drawings and Plans
4.1 Drawings and Plans. We will take all reasonable care to ensure that working plans, diagrams and drawings provided by us to you are adequate to undertake the Construction Project in a proper and workmanlike manner. In those cases where the Construction Project is not undertaken by us, and we are undertaking the supply of Materials only, it will solely be your responsibility to ensure that all working plans, diagrams and drawings meet your requirements in every aspect, and to ensure that the Construction Project is undertaken in a proper workmanlike manner.
4.2 Staining. All stain marks on timber and joinery are natural and will occur and fade with time. Any property protection of timber and joinery from staining must be done by you or your appointed contractor immediately after completion of the Construction Project.
4.3 Joinery. All relevant joinery comes to the property with a clear base coat ready for staining or painting by you or your appointed contractor. All relevant joinery is dried to a low moisture content, typically 15% and must be protected from the ingress of water. We will seal all relevant joinery to cover the construction process, but you should employ a regular maintenance regime to re-seal the joinery as soon as the Construction Project is complete, and a minimum of once annually thereafter, dependent upon prevailing weather conditions. You acknowledge that the joinery requires further protection as set out in the “Caring for your oak framed building letter” previously presented by us to you. Any further protection against moisture ingress into the joinery and oak frame are solely your risk and responsibility and the costs of such protection must be met by you. The joinery and oak frame are made from oak and as natural materials, will move to some degree with the seasons.
5 Our rights to make changes
5.1 Minor changes to the Construction Project and the Specification. We may change the Construction Project and the Specification:
5.1.1 to reflect changes in relevant laws and regulatory requirements;
5.1.2 to implement minor technical adjustments and improvements; and
5.1.3 to reflect changes suggested by structural engineers.
6 Carrying out the Construction Project
6.1 Insulation and Roofing. The price of insulation may be subject to change due to building regulation requirements. All changes due to building regulation requirements not shown or included in the Quotation, will be charged. If our scope of Services set out in the Quotation does not include undertaking any roofing works, then we will temporarily seal the works, but you should ensure that your roofing contractor is on hand to complete the works promptly. We will not accept responsibility for any water damage to the Construction Project or deliverable Materials (as the case may be), due to the acts or omissions of your sub contractor or any other party.
6.2 Third Party Workmanship. We do not recommend or guarantee the work of any third parties who you may contract on the Construction Project. No implied/collateral contract or warranty exists between us and any other party for the purposes of the Construction Project. We will not be liable for any loss arising from defects which are due to defects in or on an adjoining building to which the Materials are attached.
6.3 Property Footprint / Access. You are responsible for all demolitions, alterations to your property, preparation and works to new foundations and associated masonry. In all cases you are responsible for the accuracy of the groundwork or building footprint in relation to your property. You will be responsible for agreeing the footprint setting out prior to excavation of foundations. You are required to provide good access (sufficient for the use of heavy goods vehicles and machinery) and we will not be responsible for rectifying any damage (including without limitation) to lawn, hedge, driveway or your property caused directly or indirectly by the carrying out of the Construction Project (including the use on the property of any heavy goods vehicles or machinery) unless such damage is caused by our own negligence, and in such circumstances we will be responsible for the same. We will provide you with a quote for the cost of any repair work if required.
6.4 Construction time. We will use our reasonable endeavours to complete the Construction Project, or where we are providing Materials only, deliver the Materials at the Contract Price and within the time estimated in the Specification, but we will not be liable for any loss or damage whatsoever suffered by you as a result of any failure by us (unless this is caused by our negligence), for whatever reason, to complete the Construction Project, or where we are providing Materials only, deliver the Materials within the time so specified. Unless specifically agreed in writing by both parties, the time of delivery of the Materials or completion of the Construction Project shall not be of the essence.
6.5 Consents. We will not deliver Materials or commence the Construction Project until all approvals, planning permissions or consents, necessary for the Construction Project have
been obtained, including, without limitation, any planning permissions or building regulations consent or other authorisations (the “Consents”). You are responsible for ensuring the accuracy of the Consents applied for. It shall be solely your responsibility to comply in every aspect with all relevant Consents and to obtain all such Consents notwithstanding that we may provide assistance in this respect.
6.6 Failure to obtain Consents. If you fail to obtain all and any necessary Consents:
(i) you will, at our request appoint us as agent for the purpose of obtaining such Consents, and/ or
(ii) we may at our sole discretion notify you in writing that the contract shall determine forthwith and without any further liability being incurred by either party. We will reimburse you, within 28 calendar days of receiving written notification of such failure, that part of the Contract Price already paid by you less; the Planning Fee, and any costs incurred in relation to your Construction Project, or the obtaining of the Materials (as the case may be) which shall in such circumstances remain payable. Where the amount paid to us is less than the Planning Fee, then you will pay the difference to immediately upon receipt of an invoice.
6.7 We are not responsible for delays outside of our control. We will not be liable for any delays in the provision of, or failure to provide the Materials or undertake the Construction Project where such delays or failure arise from matters which are beyond our control including (but without limitations) Act of God, legislation, war, civil commotion, fire, flood, drought, failure of power supply, lock out, strike, stoppage or other action by employees or third parties in contemplation or furthermore of any dispute or owing to any inability to procure Materials. We will notify you as soon as reasonably practicable after the circumstances preventing performance arise. During the continuance of any event described in this clause 6.7 our contractual obligations shall be suspended until the event has fully abated, without liability to you for any loss or damage whatsoever suffered directly or indirectly by reason of any such suspension.
6.8 When you become responsible for the Materials. All Materials delivered to you, whether fixed or unfixed shall be solely at your risk and in the event of the Materials or any part thereof being lost, damaged, destroyed or stolen, howsoever occurring before payment for them in full has been made to us , you will nonetheless pay to the full value of any such Materials and the full value of any of the work damaged, destroyed or lost together with any additional costs incurred by us in replacing any such Materials and reinstating or restoring any such work provided, however, you will not be responsible for any damage or loss sustained arising solely from our own negligence, or of our servants or agents.
6.9 Title in the Materials. Title in the Materials, whether fixed or unfixed, shall not pass to you until the Contract Price shall have been paid in full. Until payment of all such sums you will be deemed to hold the Materials in a fiduciary capacity for and behalf of us.
6.9.1 Until such time as the property in the Materials passes to you, we will be entitled at any time to require you to deliver up the Retained Materials and be deemed irrevocably to authorise us to enter upon your property, with or without vehicles, for the purpose of removing the Materials.
6.9.2 The repossession of the Materials by us pursuant to clause 6.9 shall be without prejudice to all or any of our other rights against you.
6.9.3 You will not be entitled to pledge or in any way charge by way of security for any indebtedness the Materials or in any part of them which remain our property, however, if you breach this clause the full Contract Price (insofar as it has not been paid) shall (without prejudice to any of our other rights or remedies) forthwith be payable to us as a debt on demand.
6.10 Photographs. We reserve the right to photograph the completed Construction Project for our records and/or marketing. Copies will be available at our standard costs but we will retain any copyright.
6.11 If you are not at the property when the Materials are delivered. If no one is available at the property to take delivery of the Materials or provide us access for delivery, you must contact us to rearrange delivery. We will charge you for storage costs, the costs of returning the Materials and any further delivery costs. If we have to store the Materials, and the Materials become distorted such that the Materials need to be replaced, or that additional work is required to enable the Materials to be used on the Construction Project, then you will be responsible for all the additional costs and expenses incurred. If despite our reasonable efforts, we are unable to re-arrange delivery or collection, we may end the contract and clause 10.2 will apply.
6.12 If you do not allow us access. If you do not allow us access to your property as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 9.2 will apply.
6.13 Delivery errors. Claims against us for short or incorrect delivery should be notified to us in writing within 7 days of receipt of the Materials. We shall make good shortage or errors in delivery within a reasonable time thereafter. You shall not be entitled to reject the Materials if no notice of short or incorrect delivery is notified to us as set out above.
6.14 Delivery dates. All delivery dates are week commencing and are estimates only.
6.15 Waste. You must ensure that an empty skip is available at all times at the property during the course of the period in which the Construction Project is undertaken.
6.16 Reasons we may suspend the supply of Materials to you. We may have to suspend the supply of Materials to:
6.16.1 deal with technical problems or make minor technical changes;
6.16.2 update aspects of the Materials to reflect changes in relevant laws or regulatory requirements; or
6.16.3 make changes as request by you (if possible) or notified by us to you.
6.17 We may also suspend supply of the Materials if you do not pay. If you do not pay us for the Materials when you are supposed to (see clause 8) and you still do not make payment within 7 calendar days of us reminding you that payment is due, we may acting in our absolute discretion suspend supply of the Materials until you have paid us the outstanding amounts.
We will contact you to tell you we are suspending the supply of the Materials. As well as suspending the supply we will also be entitled to charge you interest on the overdue amounts.
6.18 You hereby acknowledge that the Materials supplied relate only to the supply and construction of a timber framework, joinery and other directly related materials which form part of the Construction Project. You further acknowledge and confirm that in entering into this contract you are aware that you may be required to contract directly with other contractors separately and independently from us in order to complete the Construction Project. Accordingly, we are not responsible for the completion of or failure to complete any additional works required to complete the Construction Project which is not included within the Quotation to be supplied hereunder.
7 Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract. As the Materials and the Construction Project are bespoke to your order, then neither do you have any cancellation rights because you have just changed your mind nor do you have a cooling off period.
7.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get a repair or replacement or a service re-performed or to get some or all of your money back); or
7.1.2 If you want to end the contract because of something we have done or told you we are going to do see clause 7.2; or
7.1.3 If any of the Consents are not obtained; or
7.1.4 In all other cases (if we are not at fault and there is no right to change your mind see clause 7.3).
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 7.2.1 – 7.2.4 below the contract will end immediately and we will refund you in full for any Materials which have not been provided and you may also be entitled to compensation. The reasons are:
7.2.1 we have told you about an error in the price of the Materials you have ordered and you do not wish to proceed; or
7.2.2 there is a risk that supply of the Materials may be significantly delayed because of events outside our control; or
7.2.3 we have suspended supply of the Materials for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 6 months;
7.2.4 you have a legal right to end the contract because of something we have done wrong.
7.3 Ending the contract where we are not at fault. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you will have to pay us compensation. A contract for the purchase of Materials
only is completed when they are delivered and paid for. A contract for undertaking a Construction Project is completed when we have finished providing the Construction Project and you have paid for it . If you want to end a contract before it is completed where we are not at fault, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Materials not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) for the costs, expenses, losses together with loss of profits we will incur as a result of your ending the contract.
8 How to end the contract with us.
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by phone or email. Call us on 01902 244255 or email us at info@oakandhome.co.uk. Please provide your name, home address, details of the order and your phone number and email address.
8.2 Returning the Materials after ending the contract. If you want to end the contract for any reason after Materials have already been sent for delivery or you have received them, you must return them to us or allow us to collect them.
8.3 Where we will pay the costs of return. We will pay the costs of return:
8.3.1 If the Materials are faulty; or
8.3.2 if you are ending the contract because of a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
8.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the Materials from you, we will charge you the direct cost to us of collection.
8.5 How we will refund you. We will refund you pursuant to clause 8.3, by the method you used for payment.
8.6 When your refund will be made. We will make any refunds due to you as soon as possible.
9 Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
i. you do not make any payment to us when it is due and you still do not make payment within 7 calendar days of us reminding you that payment is due; or
ii. you do not, within a reasonable time of us asking for it, provide us with information that is necessary; or
iii. you do not, within a reasonable time, allow us to deliver the Materials to you; or
iv. you do not, within a reasonable time, allow us access to your property.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for Materials we
have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract
9.3 We may withdraw the Materials. We may write to you to let you know that we are going to stop providing the Materials. We will let you know at least 7 calendar days in advance of our stopping the supply of the Materials and will refund any sums you have paid in advance for Materials which will not be provided.
10 If there is a problem with the Materials
10.1 How to tell us about problems. If you have any questions or complaints about the Materials, please contact us. You can contact us on 01902 244255 or by emailing us at info@oakandhome.co.uk.
10.2 Summary of your legal rights. We are under a legal duty to supply Materials that are in conformity with these conditions. We will not condemn any joinery until this has been certified by a qualified structural engineer.
11 Price and Payment
11.1 Quotations. All Quotations issued by us shall not be considered to be offers but shall be valid for a period of 14 calendar days from the date thereof or such longer period as may be agreed between us.
11.2 The Contract Price. The Contract Price is based upon uninterrupted access to the property until completion of the Construction Project and/or delivery of the Materials (as the case may be) and we reserve the right to increase the Contract Price in the circumstances where uninterrupted access is not provided.
11.3 When you must pay and how you must pay us for a Construction Project. You must follow the payment schedule:
11.3.1 Initial payment. Upon entering the contract you will pay to us a deposit of 10% of the Contract Price;
11.3.2 Second payment. 40% of the Contract Price (if less than a 10% deposit was paid such sum as is required such that the total payment you tell us equals 50% of the Contract Price) following the obtaining of any Consents, or you informing us that Consents are not required and we are instructed to proceed without obtaining such Consents
11.3.3 Third payment. 40% of the Contract Price within 7 calendar days of our notification to you that the Materials are available for delivery; and
11.3.4 Final Payment. 10% of the Contract Price on completion of the Construction Project.
11.4 When you must pay and how you must pay us when the conditions relate to the supply of Materials only. You must follow the payment schedule:
11.4.1 Initial payment. 50% of the Contract Price upon entering the contract;
11.4.2 Final Payment. 50% of the Contract Price 7 calendar days prior to delivery of the Materials.
11.5 Delivery schedule. Following payment in accordance with clause 11.3.3 or clause 11.4.2 (as the case may be) we will then agree a timescale with you for delivery of the Materials.
11.6 No right to withhold payment. You shall not be entitled to withhold payment as result of any failure of any other third party contractor in complying with the terms of that third party contractor agreement in connection with the Construction Project.
11.7 No right to off-set or make deduction. All payments made pursuant to this clause 11 shall be made without set- off deduction or counterclaim by the customer.
11.8 If Consent is refused. If any Consent is refused and if any resubmitted or altered application that you instruct us to make is also refused (as opposed to being passed in an amended form from that applied for in which case this clause does not apply) and provided that you have not instructed us to proceed without obtaining the Consents as set out at clause 11.3.2, the contract shall terminate and the provisions of clause 6.6(ii) shall apply.
11.9 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% per annum above the base lending rate of Barclays Bank Plc. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount whether before or after judgement. You must pay us interest together with any overdue amount.
11.10 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Materials, we will adjust the rate of VAT that you pay unless you have already paid for the Materials in full before the change in rate of VAT takes effect.
11.11 What to do if you think an invoice is wrong. If you genuinely believe an invoice is wrong please contact us promptly to let us know. If we believe that you are acting reasonably and in good faith, then you will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
11.12 The warranty is not valid until payment has been received in full. The main frame structural 10 year warranty runs from the date of completion of the Construction Project but shall not apply nor shall any warranty in clause 15 apply in circumstances where all or any part of the Contract Price has not been paid in full.
12 Our responsibility for loss or damage suffered by you.
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent
misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.
12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.4 Our liability shall not exceed the Contract Price. Our liability under or in respect of the contract shall not exceed the Contract Price except as expressly provided by these Conditions.
13 How we may use your personal information
13.1 How we will use your personal information. We will use the personal information you provide to us:
13.1.1 to supply the Materials to you;
13.1.2 to process your payment for the Materials; and
13.1.3 if you agreed to this during the order process, to give you information about similar Materials that we provide, but you may stop receiving this at any time by contacting us.
13.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the Materials we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
13.3 We will only give your personal information to third parties where the law either requires or allows us to do so.
14 Other important terms
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Conditions to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Conditions, or if we
delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These Conditions are governed by English law and you can bring legal proceedings in the English courts.
14.7 Our employees or agents are not authorised to make any representations concerning the Materials or Construction Project unless confirmed by us in writing. In entering into the contract you acknowledge that you have not relied on any such representations which are not so confirmed, but nothing in these Conditions affects the liability of either party for fraudulent misrepresentation.
14.8 Export. Where the Materials are supplied for export from the United Kingdom, the provisions of this condition 14 shall (subject to any special terms agreed in writing between the parties) apply notwithstanding any other provision of these Conditions. You will solely be responsible for complying with any legislation or regulations governing the importation of the Materials into the country of destination and for the payment of any duties thereon.
15 Warranty
15.1 Our Warranty. Where we have undertaken the Construction Project the warranty period shall be:-
(i) for a period of 10 years from the date of completion for material defects (such as roofworks when we have included this with the Services);
(ii) for a period of 5 years starting from the date of completion of the Construction Project for material defects of any double glazed windows and in which case we shall replace the unit free of charge; and
(iii) in relation to any other material defect which does not affect the structure (“Material Non-Structural Defect”) for a period of 12 months from the date of delivery of the Materials. A Material Non-Structural Defect does not include electrical or brass fitments to the Materials or in the glassware compromised in the Materials.
15.2 Procedure to notify us. You should notify us in writing as soon as is reasonably possible, and in any event by no later than within 14 calendar days after discovery giving full particulars of the issue and either:-
(i) at your own expense and risk (where the Materials have not been erected or installed) return the Materials to us; or
(ii) (at our discretion) allow us to inspect the same.
15.2.1 If a defect has arisen from faulty Materials employed or workmanship carried out by us but not discoverable upon inspection at the time of delivery of the Materials or (as the case may be) completion of the Construction Project, then we will at our sole discretion either supply replacements or (as the case may be) rectify the defective relevant part of the Construction Project and in which case we shall have no further
liability to you. The provisions of this clause 15 shall also apply to repaired or replacement Materials or part of the Construction Project during the relevant warranty period.
15.3 Exclusions to the warranty. Our liability under this contract applies to only defects appearing before you make any modification or alteration to the Materials and/or the Construction Project and whilst the Materials and/or the Construction Project are being properly used stored and maintained and in particular (but without limitation) we shall not be liable for any defects in Materials and/or the Construction Project not manufactured by us or defects arising from:
15.3.1 normal deterioration;
15.3.2 improper or incorrect handling, installation or maintenance other than carried out or authorised by us;
15.3.3 repair of or modification to the Materials and/or the Construction Project other than by us;
15.3.4 defects in or subsidence to any structure or surface to which the Materials and/or the Construction Project are attached or fixed;
15.3.5 glass damage or breakage not attributable to manufacturing defect; or
15.3.6 failure to treat Materials in accordance with our instructions;
15.4 Windows. A replacement unit will be supplied free of charge to replace any double-glazed unit which fails as a result of material defect within 5 years of installation.
15.5 This warranty is not assignable to any third party.
