CONDITIONS OF SALE

R Mitchell (Glass) Ltd, a company incorporated in Scotland (Company number SC061286) with its registered office at
Currie Road, Galashiels, TD1 2BP (“the Company”).

1.      The following conditions of sale, and the quotation or estimate provided by the Company to you, “the Customer“, shall form the contract between the Company and the Customer (“the Contract”), 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. To protect your own interests, please read the Contract carefully before signing.

2.      The Company is a member of the Glass and Glazing Federation (GGF) and the Company supports the GGF Code of Good Practice (as amended from time to time) as promoted by the Glass and Glazing Federation (GGF) and undertakes 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

3.      The Company will provide the Customer with Information about any applicable Deposit Indemnity if available at the time of placing an order.

4.      Made to Measure Products such as windows or glass cut to size which are made to measure and made to the Customer’s specific requirements are exempt from the right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. However, in accordance with the GGF Consumer Code of Practice, as amended from time to time, the Company will provide the Customer with a right to cancel without charge for up to 7 calendar days after the date on which the quotation/estimate was accepted (7 day cooling off period).

To exercise the right to cancel, you must provide the Company with a cancellation notice, either by:

(a)    Posting the cancellation notice by recorded delivery to: R Mitchell (Glass) Ltd, Currie Road, Galashiels TD1 2BP; or
(b)    Emailing the cancellation notice to: enquiries@mitchellglass.co.uk

The notice of cancellation is deemed to be served as soon as it is received by the Company or in the case of electronic communication on the day it is sent to the Company.

5.      Subject to clause 4 above, for standard orders the Customer can cancel their order without penalty from the date on which the Contract was signed until 14 days after the products have been delivered. This is known as the “Cooling Off Period”. If the Customer cancels their order within the Cooling Off Period they will not incur any charges for not proceeding with the works if no works to make or install the products have begun. If the Customer wishes works to commence before the expiry of the 14 day period they must advise the Company of this in writing and agree that the Company reserves the right to charge the Customer reasonable costs, given all the circumstances, including but not limited to: costs associated with carrying out the survey; related administrative costs; access equipment; made to measure items; a reasonable figure to cover for the loss of sales commission; and installed products provided up to the point of cancellation.

6.      A non-invasive survey will be carried out before the commencement of the works. The objective of the survey is to assess the feasibility of the installation shown on the schedule of work. The survey will take place as soon as practicably possible, at a time agreed between the Company and the Customer. The Company aims to carry out the Survey within a reasonable time period of the Contract being accepted by the Customer, taking into account all the circumstances. However, this period is not a condition of the Contract between the Company and the Customer.

7.      The surveyor’s inspection will be confined to those areas which directly relate to the proposed installation of the works and the surveyor will not undertake, nor shall the Company be responsible for, a general survey of the premises. The Company will not be responsible for remedying any defect that existed before the installation or for any damage arising from such a defect. If the survey reveals any unforeseen issues that require to be rectified before the Company can commence works, or if the survey reveals that the Customer’s property is unsafe or unsuitable for the works to be carried out by the Company, either the Customer or the Company have the right to cancel the Contract or to agree a revised price. In such an event the Customer will be provided with full details of the survey findings and in the event of cancellation, any deposit paid shall be refunded less fees, survey and administration costs, without interest, and this Contract will be at an end.

8.      All quotations or estimates for the supply and installation, assume that there is nothing onerous or unusual about the building and ground conditions, including but not limited to, the existence of asbestos and/ or pollution and that no extra building work, piling or repairs are needed or excavation of the ground or other earth works are required before the Company can install the goods. In particular, any quotation/estimate will only include the cost of creating standard foundations of 600mm in depth. If foundations deeper in depth are required, the Customer shall be liable to account for the increased costs, and this will be agreed in writing between the Company and the Customer.

9.      Any variation in the original drawings or specifications must be agreed in writing between the Company and the Customer, within a period of seven days from the date of instructions being issued. Depending on the circumstances of each particular case, any variation may necessitate additional costs which require to be borne by the Customer, unless caused by the Company’s negligence.

10.   The Company’s payment terms are set out in the quotation or estimate provided to the Customer forming
part of the Contract.

11.   As the Company has a policy of continuous improvement and development of its products and methods of installation, the Company may make technical changes to the specification of the Company products, which will not be to the detriment of their function or appearance and will not affect the price.

12.   All descriptions, illustrations and dates contained in catalogues, leaflets or other reprinted material supplied by the Company are illustrative only. If the Customer is informed before the point of entering into the Contract of any substantial differences between the product they are purchasing and what was advertised, the Company will confirm this to the Customer in writing, and where the Customer wishes to proceed, the Customer shall not be entitled to seek compensation or a replacement product.

13.   The Customer will allow installation to commence within the estimated installation period. If within 6 weeks of the end of the estimated installation period, the Customer is unable to accept an appointment for installation, 80% of the purchase price (or 95% of the purchase price for aluminium products) is then payable and installation or delivery will follow as soon as is reasonably practicable by agreement between us.

14.   If the work has not commenced through no fault of the Customer within the estimated installation period stated in the Contract, the Customer may write to the Company, requiring the work to be completed within a reasonable timeframe or some other period agreed in writing between the Customer and the Company, taking into account supply chain issues and all other factors outwith the Company’s control.

15.   If the work is not completed within this extended period, and the Customer has allowed access, the Customer may cancel the outstanding work covered by the Contract without penalty by sending the Company a letter to the address set out in Clause 4 above advising the Company that the Customer wants to cancel the Contract.

16.   If the Customer has paid for products which have not been installed, the Customer is entitled to a refund of those sums.

17.   If the Company has carried out any work to a value which exceeds any payments made by the Customer, then the Company will be entitled to the payment of the difference. In the event that, as a result solely of failure on the part of the Company, the Customer required to have the work carried out by the third party, the Company will refund the additional cost incurred by the Customer provided:

(a)    the Customer can properly vouch for the increase in cost; and
(b)    the Customer has, acting reasonably, mitigated any additional cost.

In any of the above cases, the value of the work will be agreed by the Company and the Customer. In the event of no agreement being achieved, refer to GGF Conciliation/ Arbitration.

18.   The Company shall not be liable for any delay in the completion of the work which arises from causes beyond the Company’s control (for example fire, flooding, inclement weather, civil disturbances, strike action by others, criminal damage and acts of war, supply chain issues, the impact of Brexit, pandemics or epidemics). Installation dates are subject to the availability of materials, labour and transport. In the event of the aforesaid delays, the Company will contact the Customer in writing and arrange an alternative date.

19.   The Company shall not be responsible for repairing any damage/fault, inherent in the building which is not due to any careless or negligent acts carried out on its behalf. An example of such inherent damage/fault is where plaster or roughcast which has become damp falls away as the old windows are removed. Any additional work arising out of the natural state of the building will be paid as an additional cost by the Customer, which the Company will confirm in writing to the Customer.

20.   The Company will take reasonable skill and care to mitigate any risks associated with fitting installations in adverse weather conditions, in particular frost. However, the Company will not be held liable for any damage, such as frost, caused to the external finish (e.g. render) of the Customer’s property that was not a result of the negligent workmanship of the Company.

21.   Prior to entering into this Contract, the Customer (unless undertaken by the company) shall:

(a)    Obtain Planning Permission; and
(b)    Obtain any necessary Building Warrants;
(c)    Comply with any building regulations that are applicable to the scope of the Contract; to enable the Company to carry out its obligations under the Contract.

Should the Customer breach clause 21, this shall constitute a material breach of this Contract and the Company reserves the right to terminate this Contract immediately, and recover all losses incurred, including any loss of profit or consequential loss.

22.   Unless specifically agreed by the Company and the Customer in writing, the Company will not undertake to move fixtures or fittings or re-site services such as pipes, cables, radiators, burglar alarms, TV cables, telephone wires or doorbells or similar. The Customer should make suitable arrangements for such works to be carried out prior to the installation works. If the Company’s work is delayed for this reason the Customer must pay all the costs of the delay on top of the agreed price for delivering and installing the products.

23.   If the Customer instructs the Company to move pre-existing wires or cables as part of the works, the Company will use reasonable skill and care in carrying out these works and the Company will confirm any additional costs to the Customer in writing.

24.   The Company will use all reasonable endeavours to match existing finishes, however, the Company cannot be responsible for any non-matching due to weathering or ageing of existing finishes, including but not limited to: brick, pebble dashing, rendering or Tyrolean or because materials are no longer available. The Company will remove and dispose of any frames, doors, windows or scrap materials they have had to remove to carry out the works, unless the Customer specifically asks the Company to do otherwise prior to commencement of installation. All reasonable care will be taken by the Company in the handling, working, or carrying of the Customer’s own material.

25.   The Company will not connect to any existing electrical supply that does not comply with current IEE regulations. The Customer will be liable for any extra costs needed in order to meet regulations.

26.   The Company will only be liable to the Customer for any damage caused to property belonging to the Customer (and which does not form part of the work being undertaken by the Company) where the Company has failed to exercise reasonable skill and care. If the Company requires to appoint a sub-contractor plasterer to carry out repairs to the Customer’s house the Customer will be liable to pay the sub-contractor’s fee. The Company will seek consent from the Customer prior to appointing the sub-contractor to carry out plastering, but consent will not be unreasonably withheld or delayed, and the Company will confirm any additional costs in writing to the Customer and the Company will invoice the customer accordingly. Where structural alteration to existing features is undertaken, the cost charged by the Company does not include any painting, redecoration or generally making good existing features, unless caused by the Company’s negligence.

27.   Payment will be made in full to the Company as per the Contract. The Customer shall not be entitled by reason of any alleged defect to withhold more than a proportionate amount of the sum due. In the event that the Customer unjustifiably withholds a sum of money the Company shall be entitled to charge compound interest on any account remaining sums remaining for more than 30 days and such interest shall be calculated on a daily basis on the amount outstanding at the rate of 3% above the Bank of England base rate.

28.   Payment can be made by BACS, or by special agreement between the Company and Customer payment can be made by debit card, credit card (Card Payments) or cheque. The Company can only accept Card Payments for deposits less than £500.00. If the Company’s bank details change during the term of this Contract, the Company shall notify the Customer in writing.

29.   The Customer shall ensure prior to sending any funds to the Company via electronic bank transfer, that it uses the correct bank account details for the Company by verifying the same with the Company.

30.   The ownership of the goods supplied and installed by the Company shall not pass to the Customer until the installation of those goods has taken place. The Customer shall be responsible for the safe keeping of the goods and the Customer should ensure that the goods are adequately insured against any loss or damage which may occur to the goods.

31.   Regarding the quality and description of the goods and/or services:

(a)  The Company’s products will be of satisfactory quality notwithstanding small imperfections in extrusions that fall within the manufacturing guidelines and tolerances, which do not impact upon the performance of the goods;

(b) All glass used is of good commercial quality but the Company cannot guarantee against any imperfections or variations inherent in the glass making process. Our Company complies with the visual standard of the Glass and Glazing Federation;

(c) If glazing requires any specialist handling (above 100kg) or lifting equipment then the glass is supplied on a “once only manufacture” and will likely include manufacturing blemishes which are deemed as acceptable in this situation.

The Customer agrees to give the Company a reasonable opportunity to remedy any complaint that the Customer may have.

32.   If the Customer appoints the Company to replace an existing conservatory, the Company will not be held liable for damage to the existing floor and/ or its coverings and/or its foundations, as long as the Company acts with reasonable skill and care, and unless the damage is caused by the Company’s negligence .

33.   Subject to Clause 14, after taking all reasonable steps to mitigate any adverse consequences of an Event (as defined below), if the Company suffers adversely during the course of the Contract, including increases in costs and expenses as a result of any external factors outwith the Company’s control, the Company shall be able to give written notice to the Customer setting out the change(s) to :

(a)  any of this Contract’s charges, prices and/or rates so that the Company is no worse off financially than if
the Event had not occurred; and/or

(b) any of the goods, products and/or services provided under this Contract.

34.   The Company shall not be liable for any delay in the delivery of the goods which arise from an Event beyond the Company’s control (an Event means for example a fire, flooding, inclement weather, civil disturbances, strike action by others, criminal damage, acts of war, supply chain issues, the impact of Brexit, pandemics or epidemics). Further, the Company shall not be liable for any for any indirect or consequential loss or damage encountered by the Customer which arises from an Event. Delivery dates are subject to the availability of materials, labour and transport. In the event of unavailability of materials, labour and transport causing delays the Company will contact the Customer and arrange an alternative date for delivery.

35.   The Company guarantees for a period set out in the quotation or estimate forming part of the Contract, from the date of installation all timber, aluminium and PVCu windows, doors and conservatories and other products supplied 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.

(a)  The Company guarantee to repair where they deem it to be practicable and appropriate, and if not, to replace free of all charges for labour and materials; and

(b) Wear and tear is excluded from the warranty.

If there are specific maintenance recommendations in respect of Factory Sealed Units, Aluminium and Timber Products these will be made available to the Customer, and the Company will have no liability for any damage caused to them by failure on the part of the Customer to maintain them in accordance with the said recommendations.

Maintenance is the responsibility of the owner/occupier and failure to comply could invalidate any guarantee.

36.   Despite the fact that the Customer’s statutory rights remain unaffected, this guarantee does not extend to:

(a) Minor imperfections within the glass and outside the scope of the visual quality standard of the Glass and Glazing Federation;

(b) Damage or faults due to accident, misuse, neglect or lack of maintenance by the Customer, or from causes beyond the Customer’s control (for example fire, flooding, civil disturbance, criminal damage or
acts of war);

(c)  Specialist items installed and sub-contracted works, for example electrical goods and batteries, lead flashings into wraggles, plumbing goods and radiators. However, all will carry a sub-contractor’s one-year guarantee;

(d) Any alteration or modification carried out by anyone other than the Company or its employees and sub- contractors; and

(e)  Any condensation which appears on the inside or outside of the panes of glass.

Where the Company, or our supplier, no longer make a particular item which is under guarantee, the Company will be entitled to replace this with a product of an equivalent standard and quality.

Except in the case of condensation occurring between the panes of a sealed unit, no guarantee is given for the complete elimination or prevention of condensation. Temporary external condensation may occur in high performance units.
The Customer must notify the Company of any claim under the terms of this guarantee within 28 days of discovery of the fault by sending us a recorded delivery letter or email.

37.   VAT is payable by the Customer at the appropriate rate and contracted prices quoted or estimated by the Company to the Customer. Work(s) at domestic dwellings are VAT inclusive.

38.   If the Customer sells their property, the Customer may request that the Company reassigns the unexpired portion of the guarantee to the new owner. Such requests should be made prior to the sale. The Company has the right to inspect the installation before agreeing to reassignment to ensure that it has not been neglected or misused and may charge the new homeowner an inspection fee. If repairs are necessary for faults arising from neglect or misuse then these would have to be carried out at the Customer’s cost before reassignment could take place. If the guarantee is reassigned then the new owner will have the benefit of our guarantee regarding materials and workmanship for the unexpired period. An administration fee will be chargeable, payable by the new homeowner.

39.   Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

(a)    death or personal injury caused by negligence;
(b)    fraud or fraudulent misrepresentation;
(c)    breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
(d)    defective products under the Consumer Protection Act 2015.

40.   Subject to the above, the Company’s total liability to the Customer shall not exceed 5% of the Contract value. Nothing in these conditions will reduce the Customer’s statutory rights relating to faulty goods or goods that do not match the description provided by the Company. For further information about their statutory rights, the Customer should contact their Local Authority Trading Standards Department, a Citizens Advice Bureau or Consumer Direct.

41.   This Contract shall be governed by and construed in accordance with the law of Scotland and we hereby consent to the exclusive jurisdiction of the Scottish Courts.