1. Conditions of Sale

  1. The following conditions of sale apply to all contracts to which the company is a party except to the extent to which they may be varied by agreement in writing between the customer and a duly authorised representative of the Company.

  2. No estimate or quotation by the Company is legally binding on the Company until an order based on the estimate or quotation is made in writing and accepted by the Company.  We will not be responsible for remedying any defect that existed before installation or for any damage arising from such a defect.

  3. Any variation in the original drawings or specifications must be notified to the Company in writing within a period of seven days from the date of instructions being issued.  We may make minor technical changes to the specification of your products, which will not be to the detriment of their function or appearance and will not affect the price.

  4. Whilst every effort will be made to adhere to the estimated delivery date, all quotations and delivery dates are subject to the availability of materials, labour and transport, and the Company accepts no responsibility for failure or delay due to strikes, lock-outs or other industrial disputes or to other causes beyond its effective control. 
  5. Subject as aftermentioned, once an order has been placed and accepted it cannot be cancelled by the customer other than on terms to be agreed by the Company, which will include payment for all work already performed and installations wholly or partly made up.

  6. All descriptions, illustrations and dates contained in catalogues, leaflets or other reprinted material supplied by the Company are illustrative only and no warranty is given as to their accuracy and detail. 

  7. No responsibility is accepted by the Company in the handling, working, or carrying of customer’s own material but all reasonable care will be taken with such material.

  8. The property in the goods supplied by the Company shall not pass to the purchaser until delivery has been made and payment in full has been received by the Company, but the risk shall pass to the customer on delivery or when the customer shall unreasonably refuse to accept delivery.

  9. Payment will be made in full to the Company on installation.  Our installations are covered by a ten-year Warranty and accordingly any defect which we undertake to correct shall not provide cause for full payment to be withheld.  Interest shall be charged on any accounts remaining outstanding at 5% over the Royal Bank of Scotland plc advertised Base Rate, accrued on a daily basis.

  10. Where structural alterations are made the Company does not undertake to paint or re-decorate.

  11. The Company will not accept liability for any minor imperfections in glass, which are inherent in the handling or manufacturing process of glass.

  12. The main purpose of our surveyor’s inspection is to ascertain the feasibility of the installation shown on the schedule of work.  His inspection will be confined to those areas which directly relate to the proposed installation and he will not undertake, nor shall we be responsible for, a general survey of the premises. We will not be responsible for remedying any defect that existed before the installation or for any damage arising from such a defect.

  13. You agree to accept installation within the estimated delivery period.  If within six weeks of the end of the estimated delivery period you are unable to accept installation, 80% of the purchase price is payable. Installation will then follow as soon as reasonably practicable by agreement between us. If the installation has not taken place within the estimated delivery period, or we have notified you earlier that it will not do so, you may write to us requiring the work to be completed within six weeks.  If the work is not completed within this extended period you may write to us cancelling the outstanding work.  You will be entitled to a refund of any payment in excess of the value of work carried out by us. Neither you nor we are liable for any delay in the completion of the work, which arises from causes beyond our control, (including, but not limited to, fire, flooding, civil disturbance, strike action by others, criminal damage or acts of war).

  14. We will not undertake to move fixtures or fittings or resite services such as pipes, cables, radiators or burglar alarms. We will refit TV cables, telephone wires and doorbells where practicable at your request. We cannot be responsible for any non matching due to weathering or ageing of existing finishes such as brick, pebble dashing, rendering or tyrolean etc.  We will make good to pre-decoration standard, but will not be responsible for any redecoration or retiling. We cannot guarantee that wallpaper, tiles, woodwork or plaster immediately adjacent to the existing frames will not be damaged when the frames are removed.  We cannot guarantee that any existing frames when removed will be intact for use elsewhere. All existing frames or scrap materials will be removed and disposed of by us unless you specifically ask us to do otherwise prior to commencement of installation.

  15. VAT is payable by you at the appropriate rate.
  16. Except in the case of condensation occurring between the two panes of a sealed unit, no guarantee is given for the complete elimination or prevention of condensation.  In the event of condensation occurring between two panes of a sealed unit, this shall be deemed to be a failure of the fitting, and the unit will be replaced free of charge under the warranty.

  17. This contract shall be construed according to the Law of Scotland.

  18. You agree to notify us and to give us reasonable opportunity to remedy any complaint that you have.  We support the GGF Code of Good Practice as promoted by the Glass and Glazing Federation (GGF) and undertake to work within the guidelines of this and any other GGF Code of Practice.  A copy of the Code is carried by our representative and/or is available at our Head Office.  In the case of any dispute arising, we will provide details of the GGF’s Arbitration Scheme administered by the Chartered Institute of Arbitrators.

  19. R MITCHELL (GLASS) LIMITED guarantees for a period of ten years from the date of installation all timber, aluminium and PVCu windows, doors, conservatories and other products manufactured and fitted by them against faulty workmanship and/or materials, provided reasonable care has been taken by the owner to maintain the installation during this period.  There are specific maintenance recommendations regarding Factory Sealed Units.  Maintenance is the responsibility of the owner/occupier and failure to comply could invalidate the Warranty.  The guarantee does not come into force until the account is paid in full.  Handles, locks and hinges are excluded from the warranty and carry a one-year manufacturer’s guarantee.
Despite the fact that your statutory rights remain unaffected, this guarantee does not extend to specialist items and sub-contracted works for example, lead flashings into wraggles, electrical goods and batteries, plumbing goods and radiators.  However, all will carry a sub-contractor’s one-year guarantee.
The guarantee does not cover:
 Minor imperfections in the glass outside the scope of the Glass and Glazing Federation (GGF)’s visual quality standard.
 Damage or faults due to accident misuse or neglect by you or by the use of improper cleaning materials.
The repositioning or repair of any product by you or by persons other than our personnel.
Condensation caused by excess moisture in the domestic environment.
  20. 
 If you sell the property you may ask us to reassign the unexpired portion of the Warranty to the new owner.  Such requests should be made prior to the sale.  We may ask to inspect the installation before agreeing to reassignment to ensure that it has not been neglected or misused and may charge a fee. If repairs are necessary for faults arising from neglect or misuse then these would have to be carried out at your cost before reassignment could take place. If the warranty is reassigned then the new owner will have the benefit of our warranty regarding materials and workmanship for the unexpired period.  An administration fee will be chargeable.

  21. Information about the Scope of the operation (which is discretionary) of the GGF Deposit Indemnity Fund is set out in the leaflet you should have received with this document if you are a private individual(s) customer(s).  A further copy of such leaflet may be obtained from GGF Fund Limited, 44 – 48 Borough High Street, London SE1 1XB. 
Nothing in these terms and conditions affects your statutory rights.

  22. FACTORY SEALED UNITS Where Double-glazing Units are specified sealed I.G.A. Insulation standards, they will carry a 5-year warranty (10 years for above).


INFORMATION If any further information is required please contact us in writing at:

Mitchell Glass
Currie Road
Galashiels
Scotland
TD1 2BP

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