- 1. Windor (Scotland) Ltd. Undertakes the Works on behalf of the Customer. All materials left on site shall belong to The Company.
- 2. The price shall be:
- Including all costs and materials, labour and installation.
- In addition to the price, the Customer shall be responsible for all VAT on the price and any local authority charges or costs and architects or other professional fees incurred by the Customer in relation to installation.
- 3. By his acceptance hereof, the Customer agrees to pay a deposit equivalent to 10% of the total cost of the Works (inclusive of VAT) within 7 days of the day hereof.
- 4. In so far as the Works may be quoted for without a building warrant and plans having been produced. The Company reserves to review their price in light of detailed plans only becoming available subsequent to the signature of this Contract and in the event of the price above quoted varying by more than 10% of the total price (excluding all charges for VAT and local authority costs) the Customer and/or The Company shall be entitled to treat the Contract as at an end.
- 5. All alterations in the works specification shall require to be agreed in writing between the parties and similarly in the event that the Customer requires any special finishings other than completion of the works in a good and workmanlike manner the Schedule of finishing’s shall require to be produced between the parties and signed by both parties as an indication of their intent.
- 6. Payment of the price specified above, together with VAT thereon at the VAT rate applicable as at the date of completion of the works, together with any additions authorised by the Customer and the refund of any disbursements or payments made by The Company shall be made within 7 days of completion of the major installation being the principal works quoted for in the estimate specified. In the event that a building warrant has been obtained by the Customer for the works, payment shall be due within 7 days of the inspection and verbal confirmation by the relevant local authority inspector that the works have been completed in a manner sufficient for a completion certificate to be granted.
- 7. Nothing herein contained shall imply that The Company shall be responsible for the production of any building warrants, completion certificates, local authority permissions, superior consents or other necessary warrants and permissions in relations to the works specified. The onus to apply for such warrants and consents shall rest with the Customer and the Customer is advised that whilst a building warrant is no longer necessary for the installation of double glazing it is the obligation of the Customer to ensure that the double glazing to be installed will comply with the Building Regulations.
- 8. Delivery of goods and materials shall be made to and installation of such goods shall be made at the place notified by the Customer. Time for delivery or for completion of the installation is given as accurately as possible but is not guaranteed and The Company cannot accept responsibility for any loss (including consequential loss), injury or damage arising either directly or indirectly from delay in delivery or installation. Risk in the goods shall pass to the Customer on delivery of the goods being made to the place notified as aforesaid. All claims with regards to errors in disconformity with order or damage to goods must be made in writing to The Company within 3 days of the date of delivery of the goods to the Customer failing which no such claim by the Customer shall be competent and The Company shall not be liable to the Customer under any such claim.
- 9. Where any services are to be provided to The Company by the following facilities shall be provided by the Customer at no expense to The Company and all in accordance with The Company’s requirements and to The Company’s reasonable satisfaction.
- (a) Artificial lighting.
- (b) Electric power.
- 10. The Company will not be liable for any defects in the goods supplied to or the work carried out for the Customer which are due to faulty or unsuitable foundations or sub floors or due to defects in the design or structure of the buildings or site in which The Company works is carried out or due to any other unusual or specialist conditions affecting the site which have not been intimated in writing to The Company and have been acknowledged in writing by The Company prior to commencement of the work. Although The Company will endeavour to provide the best possible match to all external wall finishing’s, no guarantee can be given as to the absolute accuracy due to prevailing weather conditions.
- 11. Subject to herein otherwise provided, any defects in materials or workmanship of The Company which are established by the Customer to The Company’s satisfaction within 10 years of the date of the delivery of materials or completion of the work will be replaced by The Company at The Company’s expense or at The Company’s option the net costs of the materials or the work shall be refunded by The Company to the Customer. Any express or implied term, condition, representation or warranty whether in respect of the goods supplied or services performed by The Company (whether such implied term, condition, representation or warranty is statutory or otherwise and whether relating to description and quality, fitness or otherwise) is hereby excluded except the warranty at to title implied by Section 12 or the Sale of Goods Act 1979. In any consumer contracts (as defined in the Unfair Contract Terms Act 1977) to which The Company is a party, the Statutory Warranties under Section 13, 14 and 15 of the Sale of Goods Act 1979 are not excluded by The Company. Except in the case of death or injury to persons caused by a breach of duty by The Company as defined by Section 25 of the Unfair Contract Terms Act 1977 no liability is accepted by The Company for any direct, indirect or consequential loss, damage, costs or expenses suffered by the Customer as a result arising out of any defect in or failure of the goods or materials supplied by The Company, or in work or services provided by The Company to the Customer.
- 12. Without prejudice to the other conditions hereof, The Company’s liability to a customer under any claim established by the Customer against The Company whether under Contract or defect in connection with or arising from supply of goods to the Customer by The Company or performance of works by The Company for the Customer shall be limited to the sum for which The Company is insured under The Company’s insurance policies, the terms of which insurance policies are available for inspection by the Customer and on which the Customer shall be deemed by The Company to have satisfied itself.
- 13. the Company shall not be liable to the Customer for any delay, injury or loss due to strikes, lock-outs, labour disputes, civil commotion, fires, accidents, break down of machinery, weather conditions or other causes over which The Company has no control or which was not completed at the time the contract between The Company and the Customer was entered into.
- 14. If at any time any question, dispute or difference whatsoever shall arise between The Company and the Customer relating to or in connection with the contract of these conditions (other than any question or dispute in respect of the late payment by the Customer of invoices rendered by The Company which may be determined by Court action) the same shall be referred to a single Arbiter to be mutually agreed upon or failing agreement to be appointed by the Dean of the Royal Faculty of Procurators in Glasgow. The decision of such Arbiter shall be final and binding on the parties of Section 3 of the Administration of Justice (Scotland) Act 1972 shall not apply to this reference to arbitration.
- 15. The contract between The Company and the Customer of these conditions shall in all respects be construed in accordance with the law of Scotland, which is the proper law of the contract and of these Conditions.
- 16. Timber products supplied are guaranteed providing proper maintenance procedures for timber adhered to by the Customer and provided it can be established that there is no timber decay or defect in the existing timbers. We would be pleased to advise on these procedures.
- 17. The Company cannot accept liability for any minor blemishes or imperfections in glass out with tolerances laid down by the glass manufacturers.
- 18. Please note that the sizes shown on the quotation are purely for pricing purposes and that manufacturing sizes may vary from those shown.
- 19. The property in the goods supplied under the contract between The Company and the Customer shall not pass to the Customer until such goods have been paid for in full.
- 20. The customer has a statutory right of cancellation of this contract provided that written notice of cancellation is received at The Company’s Office within 7 days of the date on which the Contract was signed.
