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Conditions of
Sale
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Where structural alterations are made
the Company does not undertake to paint or re-decorate.
- The Company will not accept liability
for any minor imperfections in glass, which are inherent in the handling
or manufacturing process of glass.
- 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.
- 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).
- 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 will make good internally and
externally, but 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.
- VAT is payable by you at the
appropriate rate.
- 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.
- This contract shall be construed
according to the Law of Scotland.
- You agree to notify us and to give us
reasonable opportunity to remedy any complaint that you have. We support
and undertake to work within the Code of Ethical Practice and other
standards of the GGF.
- In the case of any dispute arising we
can provide you with details of the GGF’s Arbitration Scheme which is
administered by the Chartered Institute of Arbitrators.
- 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.
- 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.
- You are advised that we are a GGF
member and in the event of a GGF member failing to commence a contract
for the supply and/or repair and/or maintenance of glazing products in
domestic premises in the U K as a result of insolvency any private
individual who has placed a deposit with a GGF member is insured for the
loss of that deposit up to an amount not exceeding:-
for a supply and/or installation
contract: 25% of the contract price or £2500 whichever is the lower
for a repair and/or maintenance
contract: 100% of the contract price or £500 whichever is the lower.
providing that a claim is made in
writing within ten months from the date of insolvency to GGF Fund Ltd.
44 – 48 Borough High St, London SE1 1XB who will issue a voucher to the
relevant amount which may be used in part payment for a replacement
contract of similar content with another member of GGF Fund Ltd. Nothing in these terms and conditions
affects your statutory rights.
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.
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