The Heritage Window and Door Company
McGregor Windows and Doors Aberdeen

Terms and Conditions

1. Definition in these conditions.

'Customer' means the person who orders the goods by signing the contract

'Goods' means the goods that the company is to supply and install in accordance with the contract and these conditions.

'Installation' means the installation of the goods.

2. Title to goods

Ownership of the goods shall not pass to the customer until the company has received in cash or cleared funds payment in full. Until such times the property of the goods is with the company.

3. Installation.

The installation shall be completed in accordance with the first schedule, the company reserves the right to make minor variation in design and specification to the installation in its discretion if such minor variations are necessary due to factory specifications that is out of the company control. If the installation is not completed within the stated contract time the customer may serve notice on the company in writing requiring that the work be completed within such reasonable period as the customer may specify ( in general the company would accept six weeks as being reasonable). If the work is not completed within such extended period, the customer may cancel the uncompleted work covered by the contract without penalty to him or herself by the service of written notice to that effect on the company. Not withstanding the company shall not be liable for any delay in the completion which arises beyond the reasonable control of the company. The company shall not be responsible for any damage unavoidable caused to fittings fixtures or decoration. The company cannot be held responsible for any redecoration that may be necessary.

4. Survey.

The company reserves the right to cancel this contract, if its surveyor reports that special circumstances that would prevent or make difficult the performance by the company. The customers deposit would be returned in full.

5. Cancellation

The customer of the company may cancel the contract by serving them written notice within 7 days of the date on which the contract is signed in which even to the customers deposit will be refunded and the customer shall have no liability for any costs or expenses incurred by the company. If the customer cancels the contract in any other circumstances the customer shall pay all costs and expenses incurred by the company up to the time of cancellation.

6. Installation.

If any structural defect becomes apparent during the installation which was not and could not be reasonably have been identified in the survey which would adversely affect the installation, the company will quote for the necessary remedial work if the customer agrees the quotation the company will carry out the work and the amount quoted will be added to the contract price and paid in accordance with clause 13. If the customer does not agree to the quotation the customer may instruct a third party to carry out the necessary remedial work if the fore said work is not commenced within a reasonable time which shall not exceed 72 hours) the customer will be deemed to have accepted the company quotation.

7. Value Added Tax (VAT)

VAT is charged at 20%

8. Misrepresentation

The representative of the company will describe the goods and will detail them in the schedule. Under no circumstances should the customer assume that any other product other than those specified in the first schedule will be supplied or fitted. The company shall not accept liability for such misunderstandings.

9. Access

The customer will allow the company, its agents and workmen to have access to the premises at all reasonable times. Access should be granted within 10 days of request to enable to company to complete its installations in accordance with this contract.

10. Satisfaction

On completion of the installation the customer shall forthwith sign a completion certificate to confirm they are satisfied with the installation. If you are not satisfied then at this point you will sign a note detailing any alleged defects in the installation (defect notice). Any defect arising after this date will be considered the customers responsibility.

11. Payment

If the customer signs a completion certificate then the contract price will immediately become payable. If the customer signs a defect notice, a reasonable sum (not less than 80% will become payable) The balance being made payable on completion of remedial works.

We require a 40% minimum deposit of the quotation price at time of placing official order for all orders in excess of £ 1,000 with the full balance on any order after all works completed paid within 7 days from the date of the final invoice.

12. Outstanding Accounts

Outstanding accounts will be charged at 5% above HSBC base rate, except where a genuine dispute exists between customer and company.

13. Quality or Condition

Where any valid claim in respect of goods based on any defect in the quality or condition of the goods or their failure to meet specification is modified to the company, the company at its sole discretion shall replace the goods or part in free of charge, or refund the customer the price of the goods, but then the company will have no further liability to the customer. Except in respect of death or personal injury caused by the companies negligence the company shall be liable to the customer by reason of representation or any implied warranty condition other term or any duty at common law, or under express terms of the contractor any consequential loss or damage, cost expenses or other claims that arise out of or in connection that arise out of or in connection with the supply and installation of goods, except as expressly provided in these conditions. All terms of the contract between the company and the customer are contained in this contract, and no variation of the contact shall bind either party, unless such variation is made in writing and signed by a Director of the company.

15. Notices

It it recommended that all notices and other communications should be sent to the company by recorded delivery.

16. Discounts

Any promotions agreed on the schedule cannot be overidden by any part, present or future promotions.

17. Statutory Rights

The statutory rights of the customer shall not be affected by any term or condition incorporated in the contract.