Terms & Conditions

1. All terms of the Contract between the Purchaser and the Company are contained in this document. No variation of or addition to the work specified in the Schedule overleaf shall have effect unless agreed in writing under the signature of a duly authorised representative of the Company.

2. No verbal conditions or promises except these stated on this contract shall be recognised.

3. The purchaser named overleaf has the right to cancel the contract made within seven days from the date of the contract (see over). Cancellation may be effected by sending or taking a written notice of cancellation to the address stated above. These terms and conditions shall not be construed so as to affect the statutory or common law rights of the purchaser.

4. Should cancellation be accepted out with the cooling off period then 10% of the total contract price will be chargeable to the customer to cover administration costs.

5. The balance payable on completion referred to overleaf shall be paid to the Company upon delivery of the installation or upon the fixing of the installation being completed where fixing is part of the Contract. Payment shall be by way of cash or cheque payable to Almondvale windows Ltd and crossed “A/C Payee only”. The Purchaser shall not be entitled to withhold payment by reason of any alleged minor defect. The Company will investigate any such alleged defect after payment in full of the balance payable on completion. When payment is not made on the due date in accordance with this condition, the Company shall have the right to require payment of interest on the outstanding amount at a rate of 2% per month from the due date until the date of actual payment. Any variation in the applicable rate of VAT or, where no VAT is shown overleaf as chargeable, any imposition of VAT after the date of the order overleaf will be passed to the Purchaser.

5a. The Company will retain title to the goods supplied and erected until such time as full payment for the goods is made.

6. Subject to the following provisions a binding Contract will be created between the Company and the Purchaser on signature by the Purchaser and a duly authorised representative of the Company of the form of acceptance overleaf. However, the Company reserves the right to cancel any order by refunding all monies paid upon receipt of an unsatisfactory survey report or in the event of an unsatisfactory credit reference being obtained in respect of the Purchaser.

7. The Purchaser shall grant the Company’s workmen access to the premises at all reasonable times for the purpose of taking measurements, carrying out the works forming the subject of the Contract and for any subsequent remedial work if required.

8. Representatives’ and showroom samples and photographs are used to demonstrate a typical unit and its composition. No warranty is given that the unit supplied will conform precisely to the sample. Units shown in the Schedule overleaf will be measured by the Company Technical Surveyor for the purposes of manufacture and will be manufactured in the way considered suitable by the Company and pursuant to the Company’s policy of continuous improvements to its products it reserves the right to make any necessary modifications. Measurements made by the Company’s representatives are approximate and will be used for the purposes of calculating the Contract price only.

9. If the work specified is not completed within the delivery period quoted to the Purchaser, the Purchaser may serve written notice on the Company requiring that the work be completed with such reasonable period as the Purchaser may specify (in general the Company would accept six weeks as being reasonable). If the work is not completed within such extended period the Purchaser may cancel the uncompleted work covered by the Contract by the service of written notice to that effect on the Company. Notwithstanding the foregoing (i) the Company shall not be liable for any delay in the completion of the work which arises from causes beyond the reasonable control of the Company and in the event that time has been made the essence of the Contract, time shall not run during any period when delay on that account is operating and (ii) cancellation of any uncompleted work shall be without prejudice to the Purchaser’s liability to pay for such part of the work as has been completed.

10. Where the Company has carried out production in accordance with proposed delivery instructions and the customer subsequently defers delivery, the Company reserves the right to raise an invoice for the value of the work completed and for the storage costs.

11. The Company guarantees the price of this Contract for six months. Should installation not have commenced within this period for reasons beyond the Company’s control, then the Purchaser shall be responsible for any subsequent price increase at the date of installation.

12. The Company will make good any damage caused in the course of installation to plaster, floors, rendering of brickwork immediately surrounding any window or door installed but does not undertake to provide matching ceramic or other tiles or specialised finishes such as Tyrolean or pebble-dash, or to avoid damage to surrounding -wallpaper or paintwork or to remove intact any panes of glass or frames from old windows required to be retained by the Purchaser. The Company accepts no responsibility for any damage resulting from structural or other defects in the property at which the installation is carried out but any complaint or claim by the Purchaser for compensation for damage done by the Company for which it may be liable under these terms and conditions must be made in writing to reach the Company within 14 days of installation in default of which the Company will accept no liability therefore.

13a. Unless otherwise specified in writing, the Company does not undertake the re-siting of any gas, electrical, wiring, plumbing or telephone installations. Suitable arrangements should be made by the Purchaser for any such works to be carried out prior to commencement of the work required under the terms of the Contract.

13b. Unless specified in writing on the contract, the Company does not undertake any additional ground works out with the footprint of the conservatory including additional excavations, field drains, tanking, retaining walls, decks, pathways or patios.

13c. The Company does not undertake any additional ground works within the footprint of the Conservatory, unless such ground works are specificially detailed in the contract. The need for additional ground works within the footprint of the conservatory, such as re-routing of existing drains, traps, manholes or other existing, but unknown services, may become necessary following the commencement of the ground works. In this event, a revised quotation will be provided for your approval prior to the continuation of the contract.

14. All glass used is the best available, but glass manufacturers will not give a guarantee covering minor imperfections or shade variations and consequently the Company cannot be held responsible for any such imperfections or shade variations.

15. We are unable to guarantee colour matching in any of the timber components; this is due to the natural characteristics of the product. In all cases the Company will attempt to match timber as near as possible.

15a. The Company cannot guarantee timber components unless proper maintenance and treatment of the timber is periodically carried out by the customer subsequent to the installation.

15b. Timber cills can be specified in conservatories but we cannot guarantee them. Following the increase in cavity width to comply with new building regulations, the wider boards required to span the enlarged cavity may shrink or twist under extremes of temperature and as such are not recommended.

16. The Company cannot accept liability for any accidental damage to electrical, television or telecommunications wiring equipment where this is attached, passes through or is an integral part of an existing window/door frame.

16a. It is the responsibility of the customer to ensure that any existing Burglar alarm systems andlor entry prevention equipment is removed prior to installation. The Company will not accept liability should this not be adhered to.

17. The Company will obtain Building Warrants andlor Planning Permission if requested. Where the Company is not instructed to obtain the said Warrant or Permission, the customer, in signing this agreement, accepts responsibility for the product styles as ordered and their compliance with all relevant Local Authority Building Control and Planning requirements.

17a. Completion Certificates; Final payment for your conservatory is due at practical completion, not on issue of a Completion Certificate since this can be delayed due to fluctuating work loads of Local Authorities and is therefore out with the Company’s control.

19. Subject to the following exclusions the Company undertakes to repair or replace free of charge any unit manufactured by it which proves defective as a result of faulty materials or workmanship within ten years from the date of the installation. Any repair work carried out or replacement units supplied within the ten year warranty period under the terms of the Company’s warranty will also be covered by the Company’s undertaking, but only for the portion still remaining of the ten year period. The Company accepts no liability in respect of the following:

(a) Damage due to accident, storm, flood, neglect, misuse, faults or premature deterioration which result from the Purchasers failure to comply with the Company’s maintenance instructions printed on the reverse of the Company’s warranty;

(b) Possible dulling of frames due to the effects of the weather conditions;

(c) The failure of the installation to reduce or eliminate condensation;

(d) Discolouration of acrylic polycarbonate translucent roofing material due to biological or atmospheric conditions;

(e) Damage resulting from subsidence due to soil shrinkage, underground or mine workings;

(f) Patios, paving paths, retaining or decorative walls, steps and balustrades, installed by the Company which are covered under the terms of the Company’s warranty for a period of ONE YEAR only;

(g) Minor defects to plaster work and brick work due to settlements;

(h) Damage to the unit attributable to the failure of foundations or structure where these have not been constructed by the Company;

(i) Discolouration or frost damage to brick work;

(j) Although every precaution is taken, the Company cannot accept liability for any damage caused to decoration or painter work caused through the installation of the product and or any structural alteration. Under no circumstances will the Company be responsible for any costs incurred in re-decoration;

(k) The company cannot be held responsible for shrinkage or superficial cracking of new plasterwork; this is normal and should be decorated by the customer as required.

(l) The Company cannot accept any liability for damage to garden shrubs or lawns.

20. Any electrical installations and appliances are guaranteed for ONE YEAR only. All handles and ironmongery are guaranteed for 1 year. Sealed double glazed units are guaranteed for 10 years as per manufactures guarantee.

21. If the Company Technical Surveyor or the Local Authority Building Inspector require foundation to a depth greater than 650mm below ground level, or any other non standard works, the Company reserves the right to charge the additional cost to the Purchaser.

21a. If the Company Technical Surveyor or the Local Authority Building Inspector require foundation to a depth greater than 650mm below ground level, or any other non standard works, the Company reserves the right to charge the additional cost to the Purchaser.

21b. For conservatories that do not require a building warrant, bases will be built to current building control standards. The company cannot be held responsible for shrinkage or settlement due to local ground conditions, unless customer has requested detailed survey prior to building.

22. This contract including these conditions shall be governed and construed in accordance with the Law of Scotland.

GUARANTEE
Almondvale Windows guarantee for a period of 10 years from the date of installation all products supplied and fitted by the company. Provided reasonable care has been taken by the owner to maintain the installation during the period of the guarantee. The Guarantee is subject to clause 5a of the Terms and Conditions being adhered to by you the purchaser.