Hawkscroft Ltd Terms and Conditions of Business
1. Terms and Conditions
1.1 Please ensure that you read through our terms and conditions carefully.
1.2 Please check that the details of any quotations or orders are complete and accurate before commencement of work. If there is anything that you do not understand or feel that your quotation does not fulfil your expectations or requirements in some way, please get in touch to discuss this as soon as possible so that the situation can be resolved before work begins.
2. Company information
2.1 Hawkscroft Ltd is registered in England and Wales - Company number 10675588
2.2 Contact: Email Info@hawkscroft.com Telephone 01608 637148
2.3 Main office: Hawkscroft Ltd, The Corner House, 33 Manor Farm Rd, Tredington, Shipston-on-Stour CV36 4NZ
2.4 Workshop units: 4 & 6 Alscot Park Studios, Atherstone on Stour, Stratford-upon-Avon, Warwickshire CV37 8BL
2.5 Trade Organisations: Constructionline Silver - Membership number 00419114
2.6 Health & Safety Accreditation: SMAS Worksafe SSIP Accreditation
2.7 Insurances: Tradesmen, Contractors & Professionals Public Liability, Products Liability and Employers Liability - Iprism Underwriting / Policy number IP21ATRAD00019926100
2.8 CIS: Hawkscroft Ltd is CIS Gross Status - UTR Hawkscroft UTR: 3037726364
2.9 VAT number 295 2400 04
2.10 Insurance backed guarantee: QANW Membership number 29397
2.11 Waste Carrier Registration Certificate number CBDL360846
2.12 CERTASS Membership. Hawkscroft Ltd is a member of CERTASS and the 'Competent Person Scheme'. All CERTASS member contractors are regularly audited on-site and at the contractor premises.
HAWKSCROFT MEMBERSHIP NUMBER 17-1192
2.13 Bank account details: Hawkscroft Limited Sort code: 40-43-19 A/C No. 82244187
3. Our products
3.1 Specification: Our steel windows, steel doors and steel screens are manufactured in a variety of styles and designs according to the client’s requirements and specifications using SMW (Standard Metal Window) sections and other ‘off the shelf’ standard steel sections to include F7d, F4, & W20 specification and a variety of angled sections. Our timber windows are manufactured in softwood, hardwood or Accoya in accordance with the client’s specification and design.
3.2 Made in Britain locally: Our products are produced either by our craftsmen in our workshops at Atherstone on Stour, or provided in combination with our locally based supply partners and artisan small business enterprise partners.
3.3 Quality: Our steel, windows doors and screens are essentially a hand-made product, however they are manufactured to a high standard and are finished in accordance with BS 6510:2010. All our steel frames and accompanying profiles are hot dip galvanised to give maximum protection (BS EN ISO 1461) and then epoxy powder coated or spray painted to order. Whilst every care is taken in the manufacturing process both the hand making and galvanising elements of construction can result in small natural imperfections which are all part of the character of an artisan type product. If the client is in any doubt as to the suitability of finish we offer, samples are available for appraisal at our workshops in Atherstone on Stour near Stratford-upon-Avon or can be brought to site or client’s office if requested.
3.4 Silicone finishing to glazing: The application of colour matched (or other) silicone in the finishing and sealing of glazing works is designed to replicate a face putty finish in appearance. We aim to provide a sound and long lasting, smooth, angled finish, however as in face putty finishing slight imperfections will almost always be present. Please note that a machine type finish is not possible to achieve when applying a hand finished product.
3.5 Finishing/sealing around completed windows, doors and screens etc: Every care is taken to produce a neat silicone finish that will be acceptable to the client. However variable gaps and the like can lead to finishes that are uneven in appearance in that the silicone has to fill both larger and smaller gaps in its application (perhaps due to an uneven plastered or masonry surface). It is not possible to produce a machine type finish when applying silicone by hand especially to uneven surfaces, therefore if the client has any doubts as to how the end product will look once finished this should be made clear to the operatives on site so that a sample section can be inspected by the client, and agreed as acceptable, prior to completion of the silicone works.
PLEASE NOTE: Silicone is extremely difficult to remove once cured; we therefore ask that if any of the silicone work completed by our operatives is in question with regard to its acceptability, the issue is raised immediately, whilst our operatives are still on site and before the silicone has cured, so that any questionable silicone can be removed immediately. It is imperative that the client or a client’s representative be on site during this stage of the work to sign off the completed silicone works, as removal of any cured silicone and associated remedial or re-decoration works etc will be chargeable to the client.
3.6 Measuring: All of our products are bespoke and made to order, because of this, accurate measurements are essential. Hawkscroft Ltd will take all required measurements for quotation and production purposes. NOTE: In circumstances where a client places an order intended for a an aperture or opening that is not yet constructed, or due to be adapted, Hawkscroft Ltd will agree the dimensions of the proposed product with the client and provide an accurate drawing showing all relevant and agreed dimensions. Our products require carefully calculated fitting tolerances and it is therefore recommended that in these circumstances any proposed aperture or opening is constructed only after our product has been delivered to site - please be aware that construction of any proposed apertures or openings prior to our product arriving on site will be entirely at the client’s own risk.
4.1 We take great care in the installation of our products and the removal of any existing products. Please note that minor damage may occasionally occur to existing masonry and the like when replacing windows and doors due to rusted in fixings and frost blown surfaces etc. In the unlikely event that damage does occur to any existing surfaces we will always try to rectify the situation to the best of our ability without charge, however it is our policy to bring any potential problems with existing fabrics to the attention of the client without delay and discuss options prior to any required removal of frames.
4.2 Before commencement of work please would you ensure that the working area is clear of any personal belongings and vulnerable items. We would ask clients to provide a clear working space and to remove any blinds, curtains, shutters etc or any items and or fabrics that could become damaged or obstruct the proposed work. Please be aware that any items that are left in the working area upon commencement will be at the client’s own risk. If a member of Hawkscroft Ltd staff agrees to remove blinds, shutters or curtains etc for the client, or anything other item that may potentially obstruct the work, please be aware that this will be undertaken at the client's own risk as we cannot guarantee the integrity of any existing item or be sure that blinds, curtains and the like will successfully fit the newly installed product. Although we do provide our own dust sheets and basic protection please be advised that the client is ultimately responsible for the protection of all existing fabrics and surfaces within their property, against dust and debris.
4.3 In most circumstances we provide our own access with ladders and aluminium mobile tower scaffolding but where access is not achievable or is deemed unsafe, fixed scaffolding may have to be erected. If fixed scaffolding is required we will discuss this with the client in terms of location and any additional cost, terms and contractual arrangements. Please see ‘Inclusions and exclusions’ section of our quotation.
4.4 Changes in specification: If any changes are required to the agreed/quoted specification this will be brought to the client's attention immediately and any additional cost, or reduction in cost, will be agreed with the client before work commences (or before work continues if already underway).
4.5 Unforeseen circumstances: In the event of unforeseen difficulties arising (or any other circumstantial difficulties or requirement for change), the quotation price or estimated cost may be revised to reflect the situation at hand. In the case of any minor alterations to the schedule once started we will endeavour to use a common sense approach and continue with an installation if the client cannot be contacted for some reason. However in the case of any significant difficulties or required changes to the schedule, the work will be temporarily suspended in order to discuss and agree a way forward with the client to the satisfaction of all parties and at an agreed cost.
4.6 Decorations: Hawkscroft Ltd does not carry out decorations to existing windows doors, screens and the like unless specified in the quotation. All repairs to timber windows are finished by Hawkscroft Ltd with one coat of aluminium (or other specified) primer, all other painting and decorations to be carried out by others. All repairs to steel and metal windows, doors, screens and the like to be locally painted or sprayed by Hawkscroft Ltd at the site of the repair only in colour matched rust inhibiting paint, all other painting and decorations are to be carried out by others.
5. Hawkscroft Ltd/Client Contract
5.1 These terms and conditions of business form an individual and distinct contract with the client.
5.2 Quotations: A quotation or estimate from Hawkscroft Ltd forms part of an ‘offer’ to a potential client and the responsibility lies with the client as to the suitability of the products and services being offered by Hawkscroft Ltd and their subcontractors or suppliers. A written (or verbal) quotation or estimate will form the basis for an offer to the client from Hawkscroft Ltd and when accepted by the client the inclusions, exclusions and considerations as outlined in the quotation or estimate will apply to the contract. All prices quoted are subject to Hawkscroft Ltd Terms and Conditions; please make sure that you are happy with all the details of the final or any revised quotation before commencement of work. Hawkscroft Ltd reserves the right to withdraw the quotation offer at any time without any financial, or any other, obligation or sanction to the client.
5.3 Acceptance: The quotation offered by Hawkscroft Ltd consists of (a) the offer price i.e the price for carrying out the works as described in the quotation, (b) the inclusions and exclusions associated with the quotation offer i.e details of what Hawkscroft Ltd will include when carrying out the works including the extent of the works to be undertaken, and details of what has been excluded from the price such as limitations to the scope of works or other limitations such as provision of access etc, (c) Details of lead time, (d) Hawkscroft Ltd terms and conditions, which underwrite and are an integral part of the offer, as deviation from the agreed terms and conditions may alter or have an adverse effect on the way the offered work is to be carried out, or may cause damage or delay to the works which is not allowed for in the offer price.
5.4 By way of a verbal or written or emailed purchase order from the client for products, goods and or services [with or without an accompanying deposit payment], the client enters into a contract with Hawkscroft Ltd [separate and distinct from any associated contract entered into between the client and Hawkscroft Ltd] comprising of an offer to the client, due consideration of the offer by both or all associated parties and acceptance of the offer by the client as per clause 5.3. To this extent this contractual agreement, and acceptance of the agreement by the client, cannot be superseded by any other agreement or contract either written or verbal, signed or unsigned, as this instrument contains the entire agreement of the parties with respect to the subject matter hereof and there is no other promise, representation, warranty, usage or course of dealing affecting it. To this end any ‘previous agreements clause’ of any subsequent contractual document, whether signed as part of a later written contract with the client or not, will not be accepted as a variation in or to this original contractual agreement.
5.5 VAT: All prices quoted (or estimated) are subject to the addition of VAT. If for some reason VAT is not applicable, proof should be provided and a Hawkscroft Ltd proof of exemption form be completed.
5.6 Cancellation of contract: Hawkscroft Ltd reserves the right to terminate the contract at any time without any financial, or any other, obligation or sanction to the client.
5.7 Governing Law: The contract entered into between Hawkscroft Ltd and the client or client’s representative, shall be governed by English law (England and Wales).
6.1 Payment should be made according to either; prearranged payment terms stated in our quotation and agreed to prior to commencement of works, or as per the terms on our invoice, and or in accordance with Hawkscroft Ltd terms and conditions.
6.2 Deposit payments: All deposits should be 50% of the gross value of the contract price unless stated otherwise on our quotation.
6.3 Forms of payment: We accept payment via bank transfer and by cheque. If by bank transfer, please refer to our bank account details which can be found at 2.13 or on our company invoice. Please make all cheques payable to Hawkscroft Ltd.
6.4 Payment terms: Deposit payments, interim payments, final payments and payments for extras i.e. work carried out in addition to the work agreed to in any contractual arrangement, are to be paid no later than the due date shown on our submitted invoice. Payment of our invoice should not be reliant upon the issue of a ‘Payment Certificate’, ‘Practical Completion Certificate’, certification from a local authority building control/planning department or any other type of completion or other certification issued by the client, the client’s project management company or any other party representing the client’s interests.
6.5 Completion of domestic works: Hawkscroft Ltd will deem completion to be at a point in time when the description of work as outlined in the associated and accepted Hawkscroft Ltd quotation or estimate has been carried out and completed.
6.6 Completion and certification of commercial contracts: Completion or ‘practical completion’ should be acknowledged by the client and a practical completion certificate issued in a timely manner once verbal, emailed or written notification is given to the client by Hawkscroft Ltd that the work as outlined in the associated and accepted Hawkscroft Ltd quotation or estimate has been carried out in full. For the purposes of clarity Hawkscroft Ltd define a ‘timely manner’ as a period not exceeding two weeks form their notification of completion to the client. Ultimately English law applies to payment from a commercial client and therefore the English courts shall, without prejudice to the generality of their powers, have full power to open-up, vary, cancel, review and revise any certificate, opinion, statement, decision, instruction, direction, valuation, requirement or notice given or made under this Trade Contract (including any decision of an adjudicator) and to determine all matters in dispute which shall have been submitted to them in the same manner as if no such certificate, opinion, statement, decision, instruction, direction, valuation, requirement or notice had been given or made.
6.7 Invoicing: When the schedule or description of work as outlined in the associated and accepted Hawkscroft Ltd quotation or estimate has been carried out and completed, our accounts department will issue an invoice to the client or clients project management or representative (dated on or after the completion date - at the discretion of Hawkscroft Ltd), the invoice to be paid in full as per clause 6.4.
6.8 Retention payments: All retention payments must be paid on time by the client after the retention period has ended; i.e a 12 months retention period should be paid no more than 12 months from the date of notification by Hawkscroft Ltd that the work has been completed. NOTE: Hawkscroft Ltd will deem the start of a retention period as no later than two weeks after notification to the client that the work as outlined in the associated and accepted Hawkscroft Ltd quotation or estimate has been carried out and completed. No other sanction or interpretation of retention periods are accepted within these terms, conditions and associated contract.
7.1 The client is responsible for any product design, or any other design or associated scheme.
7.2 Further to the request for a quotation or estimate from a client, Hawkscroft Ltd will in turn make a request for the customer’s design requirements i.e. the product’s shape, form, style, proportions, measurements, required profiles [whether they match an existing design or otherwise] and other requirements of design such as locking, latching, fastening, bolting mechanisms etc, colour, finish, glazing styles and glazing specifications. The client shall be entirely responsible for their own design requirements and design specification in terms of performance, workability and fitness for purpose. Hawkscroft Ltd can assist in the process of design, by sharing of experience and the like, on the understanding that our company will bear no responsibility for the workability, fitness for purpose or any other outcome or eventuality concerning the end design.
7.3 Replication of existing design: If a client makes a request for a new product to match an existing or original design specification, we will endeavour to match the specifications of the requested design (like for like) at the sole risk of the client. When matching the design of another product [existing, original or otherwise] it should be understood that the source or original design may have unknown design flaws that could render the product and any duplication of the original product, unfit for purpose in some way. An unproven design can be reproduced by Hawkscroft Ltd but it should be understood that this will always be at the sole risk of the client and Hawkscroft Ltd will bear no responsibility for the product’s functionality or fitness for purpose.
7.4 Drawings: We can provide sketches and working drawings to the client, however please be aware that these may not be to scale. Unless otherwise agreed, sketches and drawings are provided as a visual guide only and for the client to form an understanding of overall appearance. Scale and CAD drawings can be available upon request and any extra cost will be discussed with the client.
7.5 Alterations: Any alteration(s) to the original design request specified by the client may be incorporated into the production of the product by Hawkscroft Ltd at the sole risk of the client in terms of its functionality and fitness for purpose.
7.6 Door opening/closing devices: Hawkscroft Ltd does not recommend the use of electronic or any other assisted opening and closing devices, these are to be fitted at the risk of the client, the client’s customer or the end user. We do not take responsibility for the workability and fitness for purpose of any assisted door opening and closing devices or any damage or failure caused as a result of the fitting of electronic or other door or window openers and closers to our installations.
7.7 Fitness for purpose: It is the responsibility of the client to clearly understand the offer being made by Hawkscroft Ltd and scrutinise the descriptions of products and services on offer and their potential suitability for the conditions and circumstances of use, or the use of the client’s customer, or of the end user. Placing an order with Hawkscroft Ltd will confirm that the client is satisfied that the products and services on offer are ‘fit for purpose’ i.e. the client understands the design and specifications of the offer and is; satisfied that they will meet their requirements or the requirements of the client’s customer or end user. If there is any doubt as to whether the design of the products or services will meet with the client’s requirements or expectations, the client must raise this issue before acceptance of the offer and before the manufacture and fitting of any products. Notwithstanding any deposit paid the client will be liable for any costs relating to the production and or fitting of any product ordered form Hawkscroft Ltd within these terms and conditions irrespective of suitability for purpose or end use.
8.1 Sole occupancy and access: Hawkscroft Ltd require sole occupancy and access to the working area during the entire duration of the works, as during glazing and silicone finishing of windows screens and doors etc, dust particles and debris from client activity, other trades and contractors can seriously damage the finishing and finished surfaces of our products and compromise the installation. If dust particles and any other debris finds its way onto glazing tape and finished silicone it becomes impossible to remove and is extremely noticeable and detrimental to the finished product (especially so with black and dark coloured products). Hawkscroft Ltd will not be responsible for any damage caused to our products caused by third party or other contractor’s dust particles or debris etc or any physical damage, scuffs or marks caused to silicone either before or after it has cured.
PLEASE NOTE: The working area and completed products must be free from any client, contractor or third party contamination during the specified works and for at least 24 hours afterwards in order to allow the silicone to dry; once dry, protection can then be put in place around the finished product(s).
8.2 Contamination and damage: Contamination and/or damage caused by the client, third party or other contractor(s) as outlined in above clause 8.1 will result in voiding of Hawkscroft Ltd guarantee and any resultant remedial work required will be chargeable to the client.
8.3 Protection of works in progress: Hawkscroft Ltd always require sole occupancy of the workspace during and for 24 hours after any works in progress in order to avoid third party contamination from the client, other trades and the like as per clauses 8.1 – 8.2; as such no physical protection is deemed necessary during the works as sole occupancy is agreed in the contract (and within these terms and conditions) for the period(s) specified in this clause.
8.4 Protection of finished works: Once works have been completed, Hawkscroft Ltd will notify the client of completion and a 24 hour period should be allowed after completion to allow curing of the silicone works before reoccupation of the working area by the client or any third parties. If protection of the finished works is deemed necessary by the client to prevent third party damage by other contractors and the like, protection of the finished works should be put in place by the client, unless it is contracted otherwise. Hawkscroft Ltd is not responsible for any damage caused by the client, third parties or contractors and the like that may occur during or after the works have been completed unless specific contractual arrangements regarding protection have been agreed with the clients before commencement of the works. Access arrangements with domestic clients can be made to suit the occupancy requirements at hand.
9. Cleaning of windows, doors and screens etc
CAUTION: SOME METHODS OF CLEANING CAN POTENTIALLY CAUSE DAMAGE TO NEW OR REFURBISHED WINDOWS - PLEASE FOLLOW GUIDANCE BELOW
9.1 Before cleaning all silicone finishing should be allowed to cure for at least 7 days - Please note that cleaning our product before the required 7 days silicone curing time will void the guarantee.
9.2 All dust and residue should ideally be hoovered off the silicone and painted surfaces of the windows before cleaning commences. Not removing dust by hoovering (especially red brick dust) before general cleaning could cause ingraining of dust stain – this must be avoided at all costs. Pressure washing or any other direct cleaning method straight onto brick dust and other dust without vacuuming first could cause ingraining of stain and micro particles. Pressure and steam washers should not be used because of ingraining dust and particles, and because water could potentially penetrate into micro gaps in the frames where water would not get in under normal weather conditions. Perimeter and facing silicone could also be vulnerable to damage by pressure washing. Solvent cleaner, wipes and soapy water can be used but a trial window should be cleaned first to establish a method that will not damage the windows and silicone. Hawkscroft Ltd will not be held responsible for any damage or staining caused by third party cleaning processes. If in any doubt as to how to clean new and refurbished windows, please consult with Hawkscroft Ltd before undertaking cleaning.
9.3 Maintenance and aftercare: Hawkscroft Ltd products should be maintained in accordance with our maintenance and aftercare data sheet, please email email@example.com to obtain data sheet below:
‘DATA SHEET - HAWKSCROFT_STEEL_WINDOWS_MAINTAINANCE_AND_CARE’.
10.1 All Hawkscroft Ltd customers will benefit from a trade insurance backed guarantee where applicable. Guarantee periods vary according to the various products provided as outlined below.
10.1 New steel windows, doors, screens etc. are subject to a 10 year guarantee against rusting or general failure.
10.2 Timber windows and doors etc. are subject to a 5 year guarantee against wet rot or general failure.
10.3 Refurbishment of steel windows, doors and screens etc. are not covered by guarantee unless otherwise contracted.
10.4 Refurbishment of timber windows and doors etc. are not covered by guarantee unless otherwise contracted.
10.5 Glazing products are covered by a 5 year guarantee against water ingress and misting of double glazed units.
10.6 Decorations i.e. the application of paint by Hawkscroft Ltd onto existing timber or steel frames or surfaces are signed off on completion and are not covered by guarantee.
10.7 Limitations of guarantees and exclusions. Windows, doors and screens etc. supplied and fitted by Hawkscroft Ltd should be used in accordance with the client’s stated use as described to Hawkscroft Ltd prior to purchase and or used within the limitations of use outlined at the time of purchase. The following conditions will render the guarantee void.
(a) Inappropriate use or abuse of our products i.e. wedging of doors and windows, post purchase fitting of closers, forcing of windows, doors and or other moving or fixed components etc.
(b) Exposure to salt and other corrosive or invasive chemicals or substances other than specified in clause 9. - 9.3.
(c) Any use of pressure washers, steam cleaners, DOFF cleaners
(d) Damage caused by the client, other contractors or any third party during the installation and glazing processes i.e. damage caused by dust, debris, water, physical contact damage or any other damage.
(e) Any breach of clauses 8. - 8.4.
(f) Considerably higher levels of use or traffic other than stated at time of purchase i.e. acquired for domestic or private use and subsequently becoming used by the public etc.
10.8 Guarantee exclusions. The guarantee does not cover the following
(a) Breakage caused by the owner or occupier of the building or property where the Hawkscroft Ltd products have been installed, either during or after installation.
(b) Damage or breakage to our products caused by the client or third parties i.e. construction or other workers, office workers, window cleaners, building cleaners, visitors to the building or any other third party either during or after installation.
(c) Damage or breakage to our products caused by birds, insects or animals, or by acts of vandalism, graffiti, criminal damage, arson, explosion or any other form of deliberate or accidental damage, either during or after installation.
(d) Damage caused by condensation.
(e) Extreme weather events such as hurricane, tornados or unusual hailstone events etc. Our guarantee covers the normal pattern of weather experienced in the UK.
(f) The guarantee covers, and is applicable to, new work only and does not apply to repair work, renovations, restorations, refurbishments and alterations.
(g) No responsibility is taken by Hawkscroft Ltd for the presence of perished, infested or rotten timber, or any other perished, rusty, infested or rotten materials in existing structures such as doors, constructional or other timbers, windows frames, door frames and the like (metal or timber), whether detected or undetected at the time of the contracted works.
11.2 Health & Safety: All work to be carried out in accordance with current local authority codes of practice and in accordance with the Health and Safety at Work Act 1974. SMAS Health & Safety SSIP Environmental Management, Quality Management, Finance and Business Standing, Anti-bribery and modern slavery. CSCS Health Safety and Environment tested operatives.
11.3 Installer qualifications: Certification - CSCS card holders including labourer, apprentice installer, installers (windows and doors) Level 2 NVQ Diploma.
11.4 Asbestos: Asbestos Awareness Training certificate number FHS0000378385.
11.5 Covid-19: Hawkscroft Ltd C-19 Compliance can be viewed at COVID-19 Safe Working Policy for Domestic Clients - Hawkscroft