Last Updated: 08/26/2026
Colin’s Sash Windows – Terms and Conditions
The Customer’s attention is drawn in particular to the provisions of clause 9.
1 Definitions and Interpretation
Business Day a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Conditions the terms and conditions set out in this document as amended from time to time.
Contract the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
Customer the person who purchases the Goods from the Supplier.
Delivery Location has the meaning given in clause 5.3.
Force Majeure Event an event, circumstance or cause beyond a party’s reasonable control.
Goods the goods (or any part of them) set out in the Quotation and/or Order Confirmation.
Guarantee Document the Supplier’s guarantee document in respect of the Goods that is available from the Supplier upon request.
Order means the Customer’s order for the Goods as specified in the Quotation and communicated to the Supplier in writing or, in the case of an Online Order, the Customer’s order for the Goods configured and submitted through the Online Designer in accordance with clause 14.
Order Confirmation means the Supplier’s written confirmation accepting the Order, including an Order Confirmation sent by email and, in the case of an Online Order, the confirmation referred to in clause 14.10.
Quotation means a quotation for the provision of Goods sent by the Supplier to the Customer.
Specification means the specification for the Goods, including any related plans, drawings, measurements and product selections, that is agreed in writing by the Customer and the Supplier or, in the case of an Online Order, the final configuration forming the Specification under clause 14.1.4.
Supplier Colin’s Sash Windows of 13 Hyde Road, Caddington, LU1 4HD.
1.1 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.2 A reference to a party includes its personal representatives, successors and permitted
assigns.
1.3 A reference to legislation or a legislative provision is a reference to it as amended or re-enacted, and includes all subordinate legislation made under that legislation or legislative provision.
1.4 Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.
1.5 A reference to writing or written includes emails but not fax (unless the Supplier informs the Customer otherwise).
1.6 The headings in these conditions are for convenience of reference only, they do not form part of the Contract and shall not affect its validity or construction.
2 Basis of Contract
2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.2 The Supplier may provide the Customer with a Quotation for the Goods; such Quotation
shall not constitute an offer. A Quotation shall be valid for a period of 30 Business Days from its date of issue, unless stated otherwise.
2.3 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification submitted by the Customer are complete and accurate. If the Customer thinks that there is a mistake or requires any changes to the Order, the Customer must contact the Supplier by email as soon as possible to discuss. The Supplier will confirm any changes in writing. However, the Supplier is under no obligation to accept any changes.
2.4 The Order shall only be deemed to be accepted when the Customer has paid to the Supplier a deposit in the amount stipulated by the Supplier, and the Supplier issues an Order Confirmation email to the Customer, at which point the Contract shall come into existence. If the customer wishes to cancel an order after receiving the order confirmation an administration fee will be charged and deducted from any deposit paid. This will be 5% of the order value but not less than £250. If the Supplier is unable to supply the Customer with the Goods, the Supplier will inform the Customer of this and the Supplier will not process the Order. For Orders submitted through the online Sash Windows Designer, the provisions of clause 14 shall also apply and, to the extent of any inconsistency concerning the online ordering process, clause 14 shall take precedence.
2.5 When the Supplier issues the Order Confirmation, the Supplier shall assign an order number to which that Order relates. The Customer must quote the order number in all subsequent correspondence with the Supplier relating to the Order.
2.6 Any samples, drawings, descriptive matter or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier’s website catalogues, brochures or any other literature are produced for the sole purpose of giving an approximate idea of the Goods referred to in them. They shall not form part of the Contract nor have any contractual force. Although the Supplier will have made every effort to display the colours accurately, the Supplier cannot guarantee that the printed pictures accurately reflect the colour of the Goods. The Customer’s Goods may vary slightly from those pictures. Nothing in this clause excludes or restricts any information which forms part of the Contract by law or which is expressly incorporated into the Specification, Order Confirmation or Contract. Nothing in this clause affects a Consumer’s statutory rights where Goods are not as described or otherwise do not conform to the Contract.
2.7 Although the Supplier makes every effort to be as accurate as possible, because the Goods are handmade, the actual measurements of the Goods may not be precisely as specified in the Specification, as they are subject to normal manufacturing tolerances.
2.8 The Supplier primarily sells the Goods in the United Kingdom mainland however the Supplier may agree to accept Orders from addresses outside the United Kingdom mainland at the Supplier’s complete discretion. The Supplier does not deliver to areas outside the UK mainland (including the Isle of Wight, Isle of Man, Northern Ireland, the Channel Islands or the northern highlands of Scotland) and does not have servicing engineers operating in those areas.
2.9 Any Quotation and Order Confirmation is given on the basis that any errors or omissions (as determined by the Supplier in its discretion) shall not be binding on the Supplier.
3 Changes to Orders
Once Orders are accepted pursuant to clause 2.4, the Customer will not be able to change or cancel an Order as Goods are made-to-measure and produced to the Customer’s specific requirements.
3.1 Subject to the Customer’s statutory rights, where Goods are manufactured to measurements, dimensions or other specifications supplied or selected by the Customer, the Customer may not change or cancel an accepted Order unless the Supplier agrees otherwise in writing.
3.2 Where Goods are made to the Consumer’s specifications or are clearly personalised within the meaning of applicable consumer legislation, the ordinary statutory right to cancel a distance contract may not apply.
3.3 Any request to amend or cancel an accepted Order must be made to the Supplier as soon as possible. The Supplier is not obliged to accept a requested amendment or cancellation where manufacture, procurement or preparation has commenced or where the requested change is otherwise impracticable.
3.4 Online Orders are additionally subject to clauses 14.11 and 14.12.
3.5 Nothing in this clause affects any statutory right or remedy relating to Goods which are faulty, not as described, not of satisfactory quality or otherwise do not conform to the Contract.
4 Goods
4.1 The Goods are described in the Supplier’s Quotation and/or Order Confirmation.
4.2 To the extent that the Goods are to be manufactured in accordance with a Specification supplied by the Customer, the Customer shall indemnify the Supplier against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by the Supplier in connection with any claim made against the Supplier for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the Supplier’s use of the Specification. This clause 4.2 shall survive termination of the Contract.
4.3 The Supplier reserves the right to amend the Specification and Order Confirmation if required by any applicable statutory or regulatory requirement, and the Supplier shall notify the Customer in any such event.
5 Delivery
5.1 Once the Supplier has received payment in cleared funds for the full price of the Goods (or such other proportion of the price as the Supplier may in its discretion agree) the Supplier will contact the Customer with an estimated delivery date for the Goods. If this date is not convenient for the Customer, it must notify the Supplier by email within 48 hours.
5.2 The Supplier does not deliver to areas outside the UK mainland (including the Isle of Wight, Isle of Man, Northern Ireland, the Channel Islands or the northern highlands of Scotland).
5.3 The Supplier shall deliver the Goods to the location set out in the Order Confirmation or such other location as the parties may agree (Delivery Location) at any time on or after the estimated delivery date of which the Supplier has notified the Customer.
5.4 Delivery is completed on the completion of unloading of the Goods at the Delivery Location and the Goods will be the Customer’s responsibility and at the Customer’s risk from that time. The customer should have 2 physically able people present especially if the products are large and heavy. We have to abide by Health and Safety procedures for our drivers. Because of this deliveries are Kerbside only. The Supplier is not responsible for taking the Goods inside any property or moving beyond kerbside.
Where the Customer is a Consumer, notwithstanding anything above, risk in the Goods shall pass in accordance with applicable consumer legislation. In particular, the Goods shall remain at the Supplier’s risk until they come into the physical possession of the Customer or a person identified by the Customer to take possession of them, except where applicable law provides otherwise in relation to a carrier commissioned independently by the Customer.
5.5 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
Where the Customer is a Consumer, nothing in this clause affects any statutory right or remedy relating to the time for delivery, including where an agreed delivery date or period is essential or where the Supplier fails to deliver within a period required by applicable law.
5.6 If the Supplier fails to deliver the Goods at all (i.e. is not merely delayed), its liability shall be limited to the costs and expenses incurred by the Customer as a direct result of that failure, save that the Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. Nothing in this clause limits or excludes any statutory right or remedy available to a Consumer which cannot lawfully be limited or excluded.
5.7 If the Customer fails to accept delivery of the Goods on or at any time after the estimated delivery date given to it by the Supplier, then, except where such failure or delay is caused by a Force Majeure Event or the Supplier’s failure to comply with its obligations under the Contract in respect of the Goods:
5.7.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the day after the day on which the Supplier tried to deliver them; and
5.7.2 the Supplier shall store the Goods until actual delivery takes place and charge the Customer for all related costs and expenses (including storage, insurance and additional delivery costs).
5.8 If ten Business Days after the day on which the Supplier notified the Customer that the Goods were ready for delivery or the Supplier first tried to deliver them, the Customer has not accepted actual delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.
5.9 The Supplier may deliver the Goods in instalments. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
6 Title
6.1 Title to the Goods shall not pass to the Customer until the earlier of:
6.1.1 the Supplier receives payment in full (in cleared funds) for the Goods and any other goods that the Supplier has supplied to the Customer in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all such sum; and
6.1.2 the Customer resells the Goods, in which case title to the Goods shall pass to the Customer at the time specified in clause 6.3.
6.2 Until title to the Goods has passed to the Customer, the Customer shall:
6.2.1 store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier’s property;
6.2.2 not remove, deface or obscure any identifying mark or packaging on or relating to the
Goods;
6.2.3 maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
6.2.4 notify the Supplier immediately if it becomes subject to any of the events listed in clause 10.3.2 to clause 10.3.4; and
6.2.5 give the Supplier such information as the Supplier may reasonably require from time to time relating to:
6.2.5.1 the Goods; and
6.2.5.2 the ongoing financial position of the Customer.
6.3 Subject to clause 6.4, the Customer may resell or use the Goods in the ordinary course of its business (but not otherwise) before the Supplier receives payment for the Goods. However, if the Customer resells the Goods before that time:
6.3.1 it does so as principal and not as the Supplier’s agent; and
6.3.2 title to the Goods shall pass from the Supplier to the Customer immediately before the time at which resale by the Customer occurs.
6.4 At any time before title to the Goods passes to the Customer, the Supplier may:
6.4.1 by notice in writing, terminate the Customer’s right under clause 6.3 to resell the Goods or use them in the ordinary course of its business; and
6.4.2 require the Customer to deliver up all Goods in its possession that have not been resold, or irrevocably incorporated into another product and if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.
7 Guarantee
7.1 The Supplier warrants the Goods upon and subject to the terms of the Guarantee Document and this clause 7 (“Guarantee”).
7.2 The Supplier guarantee to the Customer that the various components of the Goods as specified in the Guarantee Document will not suffer the corresponding types of damage listed under the heading “Coverage & Limitations” in the Guarantee Document, subject to the limitations specified under the same heading.
7.3 In the unlikely event that there is any defect with the Goods which falls within the Guarantee:
7.3.1 the Customer must contact the Supplier via email as soon as reasonably practicable after discovering the defect;
7.3.2 the Customer must allow the Supplier a reasonable opportunity to repair or fix any defect; and
7.3.3 the Supplier will make reasonable efforts to repair or fix the defect as soon as reasonably practicable.
7.4 The Guarantee shall commence on the date that the Goods are delivered to the Customer and shall continue until the end of the period specified under the heading “Guarantee Period” in the Guarantee Document.
7.5 The Guarantee does not apply to any defect in the Goods arising from:
7.5.1 fair wear and tear;
7.5.2 accidental damage (including glass breakages), wilful damage, abnormal storage or working conditions, or negligence by the Customer or by any third party;
7.5.3 misuse, neglect, lack of maintenance or from causes beyond the Supplier’s control (such as fire, flooding, criminal damage etc);
7.5.4 internal condensation caused by excess moisture in the domestic environment or external condensation which can occur in certain climatic;
7.5.5 mechanical abrasion;
7.5.6 penetration of insects, misting or mould growth;
7.5.7 incorrect installation;
7.5.8 the Customer’s failure to operate or use the Goods in accordance with the user instructions or any guidelines supplied by the Supplier;
7.5.9 any alteration or repair by the Supplier or by a third party who is not one of the Supplier’s authorised repairers;
7.5.10 any specification provided by the Customer;
7.5.11 minor imperfections in and on glass arising from manufacturing outside the scope of visual quality standards;
7.5.12 acts of God; and
7.5.13 any exclusions specified in the Guarantee Document.
7.5.14 Spontaneous Breakage of Toughened Glass
Thermally toughened glass has a recognised residual risk of spontaneous breakage. Such breakage may be associated with nickel sulphide (NiS) inclusions, but apparently spontaneous breakage can also have other causes and the precise cause may not always be possible to determine after fracture.
Spontaneous breakage is a recognised characteristic and risk associated with thermally toughened glass and, of itself, does not establish that the Goods were defective at the time of supply. Spontaneous breakage is therefore not covered by the Supplier’s commercial Guarantee.
Nothing in this clause excludes or restricts the Customer’s statutory rights where the glass or Goods do not conform to the Contract.
7.6 The Customer must notify the Supplier by email of any defects in the Goods within 28 days of discovery of the defect, quoting the Customer’s Order number.
7.7 The Customer is not entitled to claim under the Guarantee if any one or more of the following apply:
7.7.1 the Customer does not carry out the maintenance specified in the Guarantee Document;
7.7.2 the Customer’s use of the Goods takes place in a location where weather and/or the environmental conditions are outside of the UK mainland parameters that the Goods have been tested to;
7.7.3 the Customer has not paid for the Goods in full;
7.7.4 the Customer does not provide the Order number when the Customer submits their claim under the Guarantee;
7.7.5 the Goods have been installed outside of the UK mainland (as described in clause 2.8).
7.8 The Supplier’s liability under the Guarantee shall be limited to, at the Supplier’s sole discretion: (a) repairing the defective component of the Goods; (b) supplying a replacement component; or (c) refunding the price paid for the defective component.
7.8.1 Where the Order is for the supply of Goods only (without installation by the Supplier), the Guarantee does not extend to, and the Supplier shall have no liability for, the cost of removal, refitting, labour, call-out charges or any other costs incurred by the Customer or any third party in connection with the repair or replacement of any component.
7.8.2 Where the Order includes installation by the Supplier, the extent of any labour warranty shall be as specified in the Guarantee Document.
7.8.3 In no circumstances shall the Supplier’s liability under this Guarantee exceed the original purchase price paid by the Customer for the defective component of the Goods.
7.9 The Guarantee does not apply to Orders accepted from or Goods installed at addresses outside the UK mainland.
7.10 The Guarantee is not transferable.
7.11 If the Supplier is called out to the property where the Goods are located and there is no defect with the Goods or one of the exclusions to the Guarantee applies, the Supplier reserves the right to charge a call out fee. The Supplier will provide information about those charges to the Customer before the Supplier attends the property where the Goods are located.
7.12 The Guarantee is a commercial guarantee provided in addition to the Customer’s statutory rights. Nothing in this clause 7 or in the Guarantee Document excludes, restricts or replaces any statutory right or remedy available to a Consumer in relation to Goods which do not conform to the Contract.
8 Price and Payment
8.1 The price of the Goods will be set out in the Order Confirmation.
8.2 The price includes VAT. However, if the rate of VAT changes between the date that the Order Confirmation is issued and the date of delivery, the Supplier will adjust the rate of VAT that the Customer pays, unless the Customer have already paid for the Goods in full before the change in the rate of VAT takes effect.
8.3 The prices for the delivery costs are usually shown separately on the Order Confirmation but are included in the total overall price specified in the Order Confirmation which is the price the Customer pays to the Supplier.
8.4 It is possible that, despite the Supplier’s reasonable efforts, some Goods may occasionally be incorrectly priced. Where an obvious pricing or calculation error is identified before the Contract has come into existence, the Supplier may correct the error and inform the Customer before accepting the Order. If the correct price is lower than the price stated to the Customer, the lower price shall apply.
8.5 Where an obvious pricing or calculation error is identified before the Contract has come into existence and the correct price is higher than the price stated to the Customer, the Supplier will inform the Customer before accepting the Order. The Customer may then either proceed at the corrected price or withdraw the proposed Order and receive a refund of any payment already made in respect of it. Once a Contract has come into existence, the agreed price shall not be changed because of a pre-existing pricing error unless the Customer expressly agrees to the change or the change is otherwise permitted by law.
8.6 Any deposit paid by the Customer shall be non-refundable only to the extent permitted by applicable law and subject to any statutory cancellation, refund or other rights available to the Customer. In the case of an Online Order, clauses 14.11 and 14.12 shall also apply.
8.7 Where the Order is for the supply of Goods only (without installation by the Supplier) (“Supply Only Order”), the following payment terms shall apply:
(a) The Customer shall pay 50% of the total price for the Goods prior to the Supplier requesting an order confirmation from its supplier(s). The Supplier shall not place any order with its supplier(s) until this payment has been received in cleared funds.
(b) The remaining balance of 50% of the total price for the Goods shall be paid by the Customer no later than seven calendar days before the confirmed delivery date notified to the Customer by the Supplier in accordance with clause 5.1. The Supplier reserves the right to withhold delivery if this payment has not been received in cleared funds by that date.
8.7.1 Time for payment of each instalment under clause 8.7 shall be of the essence of the Contract.
8.8 If the Customer fails to make a payment due to the Supplier under the Contract by the due date, then, without limiting the Customer’s remedies under clause 10, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 8.8 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
8.9 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
8.10 Where the Order includes installation of the Goods by the Supplier (“Supply and Installation Order”), the payment terms in this clause 8.10 shall apply in place of clause 8.7.
8.10.1 The total price payable under a Supply and Installation Order shall comprise the price for the Goods and the price for the installation services (together, the “Total Contract Price”), as set out in the Order Confirmation.
8.10.2 The Customer shall pay the Total Contract Price in the following staged instalments:
(a) A deposit comprising 50% of the Goods price together with 25% of the installation services cost, payable upon the Customer placing the Order in accordance with clause 2.4. The Supplier shall not accept the Order or procure the Goods until this deposit has been received in cleared funds;
(b) A further payment of 25% of the installation services cost, payable prior to the Supplier issuing the Order Confirmation. The Supplier shall not issue the Order Confirmation, and the Order shall not be deemed accepted, until this payment has been received in cleared funds;
(c) A further payment comprising 50% of the Goods price together with 25% of the installation services cost, payable no later than seven calendar days before the confirmed delivery date notified to the Customer by the Supplier in accordance with clause 5.1. The Supplier reserves the right to withhold delivery if this payment has not been received in cleared funds by that date;
(d) The remaining balance of 25% of the installation services cost, payable on the day of installation, prior to the commencement of installation works. The Supplier reserves the right to decline to commence or continue installation until this payment has been received in cleared funds.
8.10.3 Time for payment of each instalment shall be of the essence of the Contract.
8.10.4 If the Customer fails to make any instalment payment by the due date, the Supplier may, without limiting its other rights and remedies under these Conditions, suspend or postpone delivery and/or installation until all outstanding amounts have been received in cleared funds.
8.10.5 For the avoidance of doubt, clause 8.7 applies exclusively to Supply Only Orders.
9 Limitation of Liability
9.1 The restrictions on liability in this clause 9 apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
9.2 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
9.2.1 death or personal injury caused by negligence;
9.2.2 fraud or fraudulent misrepresentation;
9.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
9.2.4 defective products under the Consumer Protection Act 1987.
9.3 Subject to clause 9.2, where the Customer is not a Consumer, the Supplier’s total liability to the Customer shall not exceed the price paid for the Goods. Where the Customer is a Consumer, nothing in this clause 9 shall exclude or restrict any liability, right or remedy to the extent that such exclusion or restriction is prohibited by applicable consumer law.
9.4 Subject to clause 9.2, where the Customer is not a Consumer, the following types of loss are wholly excluded from the Supplier’s liability:
9.4.1 loss of profits;
9.4.2 loss of sales or business;
9.4.3 loss of agreements or contracts;
9.4.4 loss of anticipated savings;
9.4.5 loss of use or corruption of software, data or information;
9.4.6 loss of or damage to goodwill; and
9.4.7 indirect or consequential loss.
9.5 Where the Customer is not a Consumer, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract. Where the Customer is a Consumer, the Customer’s rights under the Consumer Rights Act 2015 and other applicable consumer legislation shall apply and shall not be excluded or restricted to the extent prohibited by law.
9.6 The Supplier only supplies the Goods for use in domestic premises. The Customer agrees not to use the Goods in commercial or industrial premises.
9.7 This clause 9 shall survive termination of the Contract.
10 Termination **PLEASE ENSURE YOU HAVE READ CLAUSE 10.1 CAREFULLY**
10.1 The Customer’s rights to amend or cancel an Order are governed by clause 3 and, in the case of an Online Order, clauses 14.11 and 14.12. Where Goods are made to the Customer’s specifications or clearly personalised, statutory cancellation rights may not apply as described in those clauses. Nothing in this clause affects any statutory right or remedy which cannot lawfully be excluded or restricted.
10.2 The Supplier may have to cancel an Order in whole or in part at any time before any of the Goods are delivered, due to the unavailability of stock. If this happens:
10.2.1 the Supplier will promptly contact the Customer;
10.2.2 if the Customer has made any payment in advance for Goods that have not been delivered to the Customer, the Supplier will refund these amounts to the Customer; and
10.2.3 the Supplier will not charge the Customer anything in respect of any Goods which cannot be delivered.
10.3 Without limiting its other rights or remedies, the Supplier may terminate this Contract with immediate effect by giving written notice to the Customer if:
10.3.1 the Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 14 days of that party being notified in writing to do so;
10.3.2 the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
10.3.3 the Customer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business;
10.3.4 the Customer’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy.
10.3.5 the Customer does not, within a reasonable time of the Supplier asking for it, provide the Supplier with information that is necessary for the Supplier to provide the Goods, for example, the Customer’s address or measurements for the Goods; or
10.3.6 the Customer does not, within a reasonable time, allow the Supplier to deliver the Goods to the Customer.
10.4 Without limiting its other rights or remedies, the Supplier may suspend provision of the Goods under the Contract or any other contract between the Customer and the Supplier if the Customer becomes subject to any of the events listed in clause 10.3.2 to 10.3.4 or the Supplier reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.
10.5 Without limiting its other rights or remedies, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.
10.6 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all outstanding amounts in respect of the Goods and any applicable interest.
10.7 Termination of the Contract, however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
10.8 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.
11 Force Majeure
11.1 Neither party shall be liable to the other party for delay or failure to perform any obligations under this Contract where such delay or failure is caused by any event not within the relevant party’s reasonable control including, without limitation:
11.1.1 acts of God, flood, drought, earthquake or other natural disaster;
11.1.2 epidemic or pandemic;
11.1.3 terrorist attack, civil war, civil commotion or riots, war, threat of or preparation of war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
11.1.4 nuclear, chemical or biological contamination or sonic boom;
11.1.5 any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota, prohibition, lockdown, curfew, or restrictions on movement and meetings;
11.1.6 collapse of buildings, fire, explosion or accident; and
11.1.7 any labour or trade dispute, strikes, industrial action or lockouts.
11.2 Nothing in this clause will exclude the Customer’s liability to pay for any amounts due under the Contract.
11.3 If a Force Majeure Event takes place that affects the performance of the Supplier’s obligations under these Conditions:
11.3.1 The Supplier will contact the Customer as soon as reasonably possible to notify the Customer; and
11.3.2 The Supplier’s obligations under these Conditions will be suspended and the time for performance of the Supplier’s obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects delivery of Goods to the Customer, the Supplier will arrange a new delivery date with the Customer after the Force Majeure Event.
11.4 If the said event continues for more than 60 days the Supplier may give to the Customer not less than 30 days’ notice to terminate this Contract.
12 General
12.1 Assignment and other dealings.
12.1.1 The Supplier may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract.
12.1.2 The Customer may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Supplier.
12.2 Confidentiality.
12.2.1 Each party undertakes that it shall not at any time and for a period of two years after termination of the Contract, disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or suppliers of the other party, except as permitted by clause 12.2.2.
12.2.2 Each party may disclose the other party’s confidential information:
12.2.2.1 to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under the Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 12.2; and
12.2.2.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
12.2.3 Neither party shall use the other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with the Contract.
12.3 Entire agreement.
12.3.1 The Contract constitutes the entire agreement between the parties.
12.3.2 Each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
12.4 Variation. No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
12.5 Waiver.
12.5.1 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
12.5.2 A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
12.6 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision of the Contract is deemed deleted under this clause the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
12.7 Notices.
12.7.1 Any notice given to a party under or in connection with the Contract shall be in writing and shall be:
12.7.1.1 sent by email to the following addresses (or an address substituted in writing by the party to be served):
Customer: sales@colinssashwindows.co.uk
Customer: the email address to which the Order Confirmation was sent.
12.7.2 Any notice shall be deemed to have been received at 8.00am (UK time) on the first Business Day after the email was sent.
12.7.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
12.8 Third party rights. The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
12.9 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
12.10 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
13. Exports
13.1 The Supplier may, at its sole discretion, agree to accept Orders for Goods to be exported or installed outside the United Kingdom mainland. All such Orders shall remain subject to these Conditions, with the additional terms set out in this clause.
13.2 The Supplier does not provide international delivery. For all export Orders, delivery shall be deemed completed upon delivery of the Goods to the Customer’s nominated UK-based freight forwarder or shipping agent (“Shipper”). At that point, risk in the Goods shall pass to the Customer.
13.3 The Supplier shall not be responsible for arranging international transport, export documentation, customs clearance, import duties, taxes, or compliance with local laws or regulations in the destination country. These are the sole responsibility of the Customer.
13.4 The Customer acknowledges that the Shipper is not able to inspect the Goods in the manner a Customer might at the point of direct delivery.
13.5 It is the Customer’s sole responsibility to ensure that the Goods comply with the legal, regulatory, and building standards of the destination country. The Supplier provides Goods manufactured to UK standards only, unless otherwise expressly agreed in writing.
13.6 The Guarantee described in Clause 7 and the Guarantee Document shall not apply to Goods installed outside the UK mainland. The Supplier does not offer servicing, inspection, repair, or callout services outside the UK mainland.
13.7 The Supplier shall not be liable for any damage or loss that occurs after the Goods have been delivered to the Shipper, including any damage incurred during international transit.
14. Online Sash Windows Designer Orders
14.1 Application and Definitions
14.1.1 The Supplier operates an online Sash Windows Designer at designer.colinssashwindows.co.uk (the “Online Designer”), through which Customers may configure Goods, select available options, review prices, add Goods to a basket and submit an Order online.
14.1.2 This clause 14 applies to every Order submitted through the Online Designer (“Online Order”) in addition to the other provisions of these Conditions.
14.1.3 References in these Conditions to an Order shall include an Online Order where applicable.
14.1.4 For the purposes of an Online Order, the final configuration, measurements and options selected by the Customer and shown in the final order summary, together with any subsequent amendment expressly agreed in writing between the Customer and the Supplier, shall form the Specification for the Goods.
14.1.5 Where the Customer is an individual acting for purposes wholly or mainly outside that individual’s trade, business, craft or profession, the Customer is a consumer (“Consumer”).
14.1.6 Nothing in this clause 14 or elsewhere in these Conditions excludes, restricts or limits any right or remedy available to a Consumer which cannot lawfully be excluded, restricted or limited.
14.2 Information Provided Before an Online Order
14.2.1 Before an Online Order is submitted, the Customer will be provided with or given access to information concerning the Goods and the proposed Order, including, where applicable:
(a) the main characteristics of the Goods;
(b) the selected Specification;
(c) the quantity of Goods;
(d) the total price payable, including VAT;
(e) any applicable delivery charges;
(f) the available payment arrangements;
(g) applicable delivery arrangements or estimated lead times;
(h) these Conditions;
(i) information concerning cancellation rights and any applicable exception for Goods made to the Customer’s specifications; and
(j) the Supplier’s identity and contact information.
14.2.2 Information which applicable consumer legislation requires to form part of the Contract shall form part of the Contract accordingly.
14.2.3 No change will be made to such information after the Contract has been entered into unless the Customer and Supplier expressly agree the change or the change is otherwise permitted by law.
14.3 Configuration of the Goods
14.3.1 The Online Designer enables the Customer to configure the Goods by selecting or entering available specifications which may include, depending on the product, dimensions, style, layout, frame colour, glazing, hardware, cills, rails, bars, restrictors, vents, accessories and other available options.
14.3.2 The Customer is responsible for carefully reviewing the configuration before submitting the Online Order.
14.3.3 In particular, the Customer must check that the following are correct where applicable:
(a) width and height;
(b) other dimensions;
(c) window style and layout;
(d) frame colour and finish;
(e) glazing specification;
(f) hardware;
(g) cill and rail selections;
(h) bars, vents, restrictors and other accessories;
(i) quantities; and
(j) any other configuration option selected through the Online Designer.
14.3.4 The Customer must not submit the Online Order unless satisfied that the Specification displayed in the final order summary accurately reflects the Goods the Customer intends to order.
14.4 Customer-Supplied Measurements
14.4.1 Where measurements or dimensions are entered into the Online Designer or otherwise supplied by the Customer, the Customer is responsible for ensuring that those measurements and dimensions are complete and accurate.
14.4.2 Unless the Supplier has expressly agreed in writing to undertake a survey or measurement service as part of the Contract, the Supplier does not independently measure the Customer’s property or verify the physical opening into which the Goods are intended to be installed.
14.4.3 Where the Supplier makes measurement guidance available, that guidance is intended to assist the Customer in taking measurements. It does not constitute a survey of the Customer’s property.
14.4.4 The Customer must take into account any fitting tolerances, allowances and installation requirements applicable to the Customer’s circumstances when providing dimensions.
14.4.5 The Customer must check all measurements shown in the final order summary before submitting the Online Order.
14.4.6 Subject to the Customer’s statutory rights, the Supplier shall not be responsible for Goods being unsuitable as a result of an incorrect measurement, dimension or other Specification supplied or entered by the Customer.
14.4.7 Clause 14.4.6 does not apply where the relevant error was caused by the Supplier, including where the Supplier has expressly undertaken responsibility for measuring the Customer’s property and has provided the incorrect measurement.
14.4.8 Unless expressly included within the Contract, the Customer is responsible for determining whether the Goods are suitable for the intended property, opening and installation method and for obtaining any planning permission, building regulation approval or other consent that may be required.
14.4.9 Nothing in clause 14.4.8 excludes responsibility for specific advice or representations which the Supplier has expressly provided to the Customer and upon which the Customer is legally entitled to rely.
14.5 Online Designer Images and Visual Representations
14.5.1 The Online Designer may display illustrations, diagrams, images, previews or other digital representations of the configured Goods to assist the Customer in visualising the selected Specification.
14.5.2 Such visual representations are intended to assist the Customer and may not reproduce every physical characteristic of the finished Goods with absolute precision.
14.5.3 The appearance and proportions of components may vary depending upon the actual dimensions selected, manufacturing requirements and normal manufacturing tolerances.
14.5.4 Colours displayed electronically may vary from the appearance of physical materials because of differences in screens, devices, brightness settings, lighting conditions, materials and manufacturing processes.
14.5.5 Where precise colour matching is important to the Customer, the Customer should contact the Supplier before submitting the Online Order to discuss whether a physical colour reference or sample is available.
14.5.6 Nothing in this clause shall permit Goods to materially differ from the agreed Specification or description or exclude any statutory right relating to Goods that are not as described or otherwise do not conform to the Contract.
14.6 Reviewing and Correcting an Online Order
14.6.1 Before submitting an Online Order, the Customer will be given an opportunity through the Online Designer to review the proposed Order and correct available information or selections.
14.6.2 The Customer must review the final order summary carefully before submitting the Online Order.
14.6.3 In particular, the Customer should check:
(a) the Goods selected;
(b) the Specification;
(c) all measurements and dimensions;
(d) quantities;
(e) billing information;
(f) delivery information;
(g) the price;
(h) applicable VAT;
(i) delivery charges; and
(j) any optional extras.
14.6.4 If the Customer identifies an error before submitting the Online Order, the Customer should return to the appropriate part of the Online Designer and correct the error before proceeding.
14.6.5 If the Customer discovers an error after submitting an Online Order, the Customer must contact the Supplier as soon as possible.
14.6.6 The Supplier will consider any requested amendment, but an amendment shall only become effective if expressly accepted by the Supplier in writing.
14.6.7 Once manufacture, procurement or preparation of made-to-measure Goods has commenced, it may not be possible to change the Specification.
14.7 Prices, VAT and Additional Charges
14.7.1 Prices displayed through the Online Designer shall be inclusive of VAT where indicated and are subject to clause 8.
14.7.2 Before an Online Order is submitted, the Customer will be shown the total price payable for the Goods together with any delivery charge and any other charge which is payable at that stage.
14.7.3 Where a charge cannot reasonably be calculated in advance, the Customer will be informed of how that charge will be calculated before becoming bound by it.
14.7.4 No optional extra carrying an additional charge will be added to an Online Order without the Customer expressly selecting or otherwise agreeing to that extra.
14.7.5 If an obvious pricing or calculation error is identified before the Online Order has been accepted by the Supplier, the Supplier may reject the Online Order or notify the Customer of the correct price and ask whether the Customer wishes to proceed.
14.7.6 If the Customer does not wish to proceed at the corrected price, any payment received in respect of the rejected Online Order will be refunded.
14.7.7 Nothing in this clause gives the Supplier a general right to change the agreed price after a binding Contract has come into existence.
14.8 Placing an Online Order and Obligation to Pay
14.8.1 Submission of an Online Order constitutes an offer by the Customer to purchase the Goods specified in that Online Order subject to these Conditions.
14.8.2 Before submitting an Online Order, the Customer will be required to acknowledge that submitting the Order creates an obligation to make the payment required under the checkout process and these Conditions.
14.8.3 The final button or equivalent function used to submit the Online Order shall clearly and unambiguously indicate that submitting the Order creates an obligation to pay.
14.8.4 The Customer will be required to accept these Conditions before submitting the Online Order.
14.8.5 The Customer should retain a copy of these Conditions. They will be made available in a form which the Customer can save or reproduce for future reference.
14.8.6 The language in which Online Orders are currently concluded is English.
14.9 Payment
14.9.1 Payment for an Online Order shall be made in accordance with the payment arrangements displayed to the Customer before submission of the Online Order and the applicable provisions of clause 8.
14.9.2 Where a deposit or staged payment is required, the amount payable at the relevant stage and the applicable payment arrangements will be communicated to the Customer before the Customer becomes bound by that payment obligation.
14.9.3 The Supplier is not required to commence procurement, manufacture or preparation of the Goods until any payment required before that stage has been received in cleared funds.
14.9.4 If an online payment is declined, reversed, cancelled or otherwise not successfully completed, the Supplier shall not be obliged to accept the Online Order or commence manufacture.
14.9.5 Any payment described elsewhere in these Conditions as non-refundable shall remain subject to any statutory cancellation, refund or other rights which apply to a Consumer and cannot lawfully be excluded.
14.10 Order Acknowledgement and Formation of the Contract
14.10.1 After an Online Order is submitted, the Supplier may send an automated acknowledgement confirming that the Online Order has been received.
14.10.2 Unless expressly stated otherwise, an automated acknowledgement of receipt does not constitute acceptance of the Online Order and does not by itself create a Contract.
14.10.3 Subject to clause 2.4 and this clause 14, a Contract for an Online Order shall come into existence when:
(a) the Supplier has received any payment required before acceptance in cleared funds; and
(b) the Supplier sends the Customer an Order Confirmation expressly accepting the Online Order.
14.10.4 Before accepting an Online Order, the Supplier may review it for technical feasibility, manufacturing requirements, product availability, Specification issues and obvious pricing or configuration errors.
14.10.5 If the Supplier identifies a change to the Specification or other pre-contract information that requires the Customer’s agreement, the Supplier will inform the Customer and obtain the Customer’s express agreement before accepting the Online Order.
14.10.6 The Supplier will not substitute a materially different Specification without the Customer’s agreement.
14.10.7 If the Supplier cannot accept the Online Order, it will inform the Customer and refund any payment received in relation to Goods which will not be supplied.
14.10.8 Following formation of the Contract, the Supplier will provide the Customer with confirmation of the Contract in an email or another durable format which the Customer can save and reproduce.
14.10.9 The confirmation will include or provide the applicable contractual and pre-contract information required by law and will be provided no later than delivery of the Goods.
14.11 Made-to-Measure Goods and Cancellation Rights
14.11.1 Goods ordered through the Online Designer may be manufactured specifically to measurements, dimensions or other individual specifications supplied or selected by the Customer.
14.11.2 Under applicable consumer legislation, the ordinary statutory right to cancel certain distance contracts does not apply to the supply of Goods which are made to the Consumer’s specifications or are clearly personalised.
14.11.3 Where Goods are manufactured specifically to measurements or dimensions supplied by the Customer, or are otherwise genuinely made to the Customer’s individual Specification, those Goods may fall within that statutory exception.
14.11.4 The fact that Goods are manufactured or assembled only after an Order is placed does not, by itself, mean that the statutory exception applies. Whether the exception applies will depend upon the nature of the Goods and the individual Specification.
14.11.5 Where the statutory exception applies, the Customer will not have the ordinary distance-selling right to cancel merely because the Customer has changed their mind.
14.11.6 Where a statutory cancellation right does apply to any Goods included in an Online Order, the Supplier will provide the information concerning that right required by applicable consumer legislation, including any applicable cancellation procedure.
14.11.7 Nothing in this clause affects the Customer’s rights where Goods are faulty, not as described, not of satisfactory quality, not fit for a particular purpose where the applicable legal requirements are satisfied, or otherwise do not conform to the Contract.
14.12 Changes or Cancellation After Acceptance
14.12.1 Subject to clause 14.11 and the Customer’s statutory rights, once an Online Order for made-to-measure Goods has been accepted and manufacture, procurement or preparation has commenced, the Customer may not change or cancel that Order unless the Supplier agrees otherwise in writing.
14.12.2 Any request to amend or cancel an accepted Online Order must be made to the Supplier as soon as possible.
14.12.3 The Supplier may be unable to accept a requested change where components have already been ordered, manufacture has commenced, the requested change is technically impracticable or the change would result in additional cost or delay.
14.12.4 Where the Supplier agrees to a Customer-requested amendment, any resulting change to the Specification, price, payment requirements or estimated delivery date will be confirmed in writing.
14.12.5 Nothing in this clause entitles the Supplier to retain payments or impose cancellation charges beyond the extent permitted by applicable law.
14.13 Manufacturing Tolerances
14.13.1 Goods ordered through the Online Designer are subject to the normal manufacturing tolerances referred to in clause 2.7.
14.13.2 A minor dimensional variation falling within normal and reasonable manufacturing tolerances will not by itself constitute a failure to conform to the Specification.
14.13.3 Nothing in this clause permits a variation which causes the Goods to fail to conform to the Contract or excludes any statutory right which cannot lawfully be excluded.
### 14.14 Delivery of Online Orders
14.14.1 Delivery of Goods ordered through the Online Designer is subject to clause 5, except to the extent that a provision of clause 5 would conflict with a Consumer’s statutory rights.
14.14.2 Before submitting an Online Order, the Customer will be provided with or given access to the applicable delivery arrangements, delivery charges and expected delivery period or lead time.
14.14.3 Any manufacturing or delivery date shown through the Online Designer is an estimate unless the Supplier has expressly agreed a specific or guaranteed delivery date.
14.14.4 Where the Customer and Supplier agree a particular delivery period or date, delivery shall be made in accordance with that agreement, subject to applicable law.
14.14.5 Where no delivery period has been agreed, any statutory requirement concerning the time for delivery shall continue to apply.
14.14.6 Nothing in these Conditions restricts any statutory remedy available to a Consumer as a result of late delivery.
14.14.7 The Customer is responsible for providing a complete and accurate delivery address and for complying with the applicable delivery and access requirements in clause 5.
14.15 Receipt, Inspection and Incorrect Goods
14.15.1 The Customer should inspect the Goods as soon as reasonably practicable following delivery.
14.15.2 If the Customer believes that Goods:
(a) have been damaged;
(b) have been supplied incorrectly;
(c) do not correspond with the Order Confirmation or Specification; or
(d) otherwise do not conform to the Contract,
the Customer should notify the Supplier as soon as reasonably practicable.
14.15.3 Where a complaint concerns measurements or configuration, the Supplier may compare the Goods supplied with the measurements and Specification recorded in the Order Confirmation.
14.15.4 A Customer’s failure to inspect or report an issue immediately does not remove or shorten any statutory right or remedy available to a Consumer.
14.16 Guarantee and Consumer Rights
14.16.1 The Guarantee described in clause 7 applies to Online Orders where applicable.
14.16.2 The Guarantee is a commercial guarantee and is additional to any statutory rights available to a Consumer.
14.16.3 Where the Customer is a Consumer, the Supplier is under a legal duty to supply Goods which conform to the Contract.
14.16.4 Nothing in these Conditions excludes or restricts rights or remedies available under applicable consumer legislation in relation to Goods which are, where applicable:
(a) not of satisfactory quality;
(b) not fit for their usual purpose;
(c) not fit for a particular purpose made known to the Supplier where the Customer was legally entitled to rely upon the Supplier;
(d) not as described; or
(e) otherwise not in conformity with the Contract.
14.16.5 Statutory remedies available to a Consumer are not replaced or reduced by the Supplier’s Guarantee.
14.17 Technical Operation of the Online Designer
14.17.1 The Supplier will use reasonable efforts to maintain the accuracy and proper operation of the Online Designer.
14.17.2 The Online Designer may occasionally be unavailable or affected by maintenance, internet connectivity, software errors, browser or device compatibility issues or other technical circumstances.
14.17.3 The Supplier does not guarantee that the Online Designer will operate continuously or without technical interruption.
14.17.4 If an obvious technical, calculation, pricing or configuration error is identified before an Online Order has been accepted, the Supplier may:
(a) correct the error;
(b) inform the Customer of the corrected information;
(c) invite the Customer to submit or confirm an Order on the corrected basis; or
(d) reject the Online Order and refund any payment received in relation to it.
14.17.5 The Supplier shall not use this clause to alter a binding Contract unilaterally where it has no legal right to do so.
14.17.6 The Supplier may modify, suspend or discontinue functions, configurations or options within the Online Designer from time to time. Such changes shall not alter an existing Contract unless expressly agreed with the Customer or otherwise permitted by law.
14.18 Relationship with the Remaining Conditions
14.18.1 Except as expressly stated in this clause 14, all other provisions of these Conditions continue to apply to Online Orders.
14.18.2 Clause 14 supplements the general provisions governing Orders and does not create a separate set of terms and conditions.
14.18.3 Where there is an inconsistency between this clause 14 and another provision of these Conditions concerning the process by which an Online Order is configured, submitted, acknowledged or accepted, this clause 14 shall take precedence to the extent of that inconsistency.
14.18.4 Clauses relating to delivery, title, Guarantee, price and payment, limitation of liability, termination, force majeure, general provisions and exports continue to apply to Online Orders where relevant, subject always to clause 14.1.6.
14.18.5 Nothing in clause 14 or elsewhere in these Conditions shall exclude, restrict or modify any statutory right, liability or remedy to the extent that doing so is prohibited by law.
