Contact Us & Terms and Conditions
If you would like any further information or require a quotation then please send us a message using the form below and we’ll get back to you as soon as we can.
Contact Us
Tel: 0151 271 7173
Tel: 0161 222 8802
Email: manchesteraluminium@gmail.com
Email: enquiries@mad-windowsanddoors.co.uk
Contact Us & Terms and Conditions
Terms & Conditions
Conditions of sale
- In these conditions of sale, The Company means as per the details in the header. The “Customer” means the person, firm or company from whom the Company accepts an order. “Goods” means goods or services which are subject of such an order be it placed verbally or in writing.
- The Customer agrees to purchase and have installed the Goods specified in the form of an order.
- Orders are individually manufactured. Any Goods not used in their intended location in the Customer’s premises cannot be credited against the contract price.
- The total outstanding balance is payable immediately after the Goods have been properly installed or delivered per the terms of the contract. Payment is to be made to the installer in cash or by cheque made payable to the Company. Any outstanding balances not paid in full by the Customer on the date of the installation will be compounded at a monthly interest rate of 2.5%
- This order is accepted by the Company subject to a final technical survey, which will be carried out in daylight hours.
- The Company reserves the right to cancel this order in the event that the surveyor is not entirely happy that the Company can fulfil its obligations to the Customer within the contract price. In this event, any deposit or monies in respect of the contract will be refunded in full by the Company.
- The Customer hereby acknowledges that the items and diagrams in this contract have been checked and are correct.
- Risk shall pass to the Customer when Goods leave the Company’s premises where the Customer collects. Risk shall pass to the Customer when The company has installed agreed goods.
- Notwithstanding that the risk in the Goods has passed to the Customer, the ownership of the Goods shall remain with the Company which reserves the right to possession and to dispose of the goods until such time that payment has been received in full by the Company and cleared through the Company’s bank account.
- The company does not deem the contract complete for the purposes of ordering a Building Control Certificate until the consumer has paid in full and has signed a customer acceptance of installation sheet confirming the customer's satisfaction with the installation and the completion of any snagging issues.
- The Customer agrees to permit access to the Company, its servants and workers to the installation address at all reasonable times so that the Company may carry out the works scheduled. If within 28 days of being advised that the Company is ready to install, the Customer has not agreed to an installation date, the balance of the bespoke product* supply cost becomes payable. A bespoke product is one that has been designed and manufactured to the Customer’s specification and/or made to measure. For example, including, but not solely; glass, frame colour or hardware specification.
- The Customer will provide the free use of a reasonable amount of water and electricity.
- The Company will take all reasonable care of the Customer’s property when carrying out the work but cannot accept liability for re-decoration.
- The contract price does not include for the repair or replacement of any rotten timber, defective lintels, hidden services or hazardous materials such as asbestos found during the course of carrying out the works of for the repair otherwise of any other structural defects unless such work is specified in the schedule of work. Any such work found to be necessary will be brought to the attention of the Customer and will be the subject of a separate quotation.
- The Company does not undertake to move services, fixtures or fittings which are ancillary to the basic structure of the property, e.g. radiators, pipes, electricity, telephone or television cables and the Customer shall remove all household fixtures, including curtains, nets and blinds before the installation is due to commence. The Company does not take any responsibility for damage caused to any of the above, if not removed by the Customer while work is executed. The Company reserves the right to charge for wasted time if it is unable to carry out work due to site-specific restrictions/conditions.
- No undertaking can be given that the Customer’s existing doors, windows and/or frames can be removed so as to be fit for re-use or any other purpose and they will be removed from the site and disposed of unless the Customer instructs the installer to leave them. Every effort will be made to protect and clean working areas as best as practicable, but the Company cannot be held responsible for small fragments /splinters/ particles, which may still be present.
- The Company reserves the right to make minor variations in the specification of any of its products at its discretion and without prior notice to the Customer, in keeping with the Company’s policy of continuous development and improvement. Any specification changes will be of an equal or improved product standard.
- Any product guarantee will come into effect immediately upon completion of the works provided that the full price has been received (less any appropriate amount in the event of defects) by the Company on the due date.
- It should be clearly understood that no alteration or cancellation of the order, if signed by the Customer “subject to building society/bank/finance company approval”, can be made, unless written confirmation of the refusal of finance received from the building society/bank/finance company concerned is provided to the Company. At that time, this Contract will be deemed to be null and void, and any deposit which has been paid will be returned to the Customer.
- The delivery or installation period quoted is that anticipated at the time of the order and will be improved on if possible. In the event that this contract is not completed within the specified delivery period, the Customer may serve notice on the company in writing, requiring that the work be carried out and completed within six weeks. If the work is not completed within such expended period, the Customer may cancel the uncompleted work covered by the contract without penalty on either side and without loss of any deposit paid by serving written notice by recorded delivery post to the Company. Notwithstanding the foregoing, the Company shall not be liable for any delay in the completion of work which arises from causes beyond the reasonable control of the Company; In the event that time has been made the essence of the contract, time shall not run during such delay or when a delay due to the customer.
- The Company’s liability to the Customer in respect of the direct or indirect consequences of any breach or non-performance howsoever caused or of the strikes or of lock-outs or of any other circumstance beyond the Company’s control or of non-supply by a third party or arising out of negligence or of any misrepresentation or of force majeure or of any other tort or breach of statute by the Company, its employees or its agents shall be limited to the price of the goods which are subject matter of the particular order. The Company reserves the right to treat the contract as at an end with no compensation payable to the Customer.
- The Company does not claim or guarantee that its products eliminate or even reduce the incidence of condensation.
- The Company will, at its sole discretion, repair or replace all goods that are or become defective by reason of faulty materials or workmanship in line with our written guarantee.
- In the event of a dispute between the parties the customer shall agree to use, and be bound by the terms of, the dispute resolution services provided by the company’s Certification Body or Competent Person Scheme Operator
- Nothing in these terms and conditions shall be interpreted as excluding or restricting the statutory rights of the Customer.
- The formation, construction and performance of this agreement or shall be governed in all by English Law.
DEFINITIONS
a) “Company” or “MAD” means Manchester Aluminium Doors Limited of The Set, Badger Lane, Rochdale, Lancashire, OL16 4RQ.
b) “Premises” means the delivery address provided by the Purchaser in writing at the time of order.
c) “Product” or “Products” means those items detailed in the Quote, if applicable, as varied by a VOC.
d) “Purchase Agreement” or “Agreement” means this contract for purchase of the Product entered into by the Purchaser and the Company following the acceptance of the Quote. These terms and conditions, together with the Quote and any VOC, form the Purchase Agreement.
e) “Purchaser” means you as the purchaser of the Product and/or services.
f) “Quote” means the written quotation including details of the required works provided by the Company to the Purchaser as attached hereto and as signed by the Purchaser.
g) “VOC” means any variation to the Quote and to this Agreement, which must be in writing and signed by both parties.
- PRODUCT PURCHASE:
The Company agrees to supply the Products and, if applicable, provide the installation services, in consideration for payment of the fee set out in the Quote, as varied by any VOC. For the avoidance of doubt, if the Purchaser does not sign and return any proposed VOC within thirty (30) days, the Company shall have the right to terminate the Agreement by written notice and in the event of such termination, the Company shall refund any deposit already received (less the survey fee). - ILLUSTRATIONS:
Any illustration(s) in the Company’s promotional literature and documentation are for the Purchaser’s guidance and information only and will not be to scale. Colours may differ from such illustrations due to variations in printing processes. - SURVEY – FOR SUPPLY-ONLY ORDERS
a) A survey may be provided on request for Products purchased hereunder on a “price on application” basis.
b) In the event of any such survey being undertaken, the Purchaser agrees to accept the reasonable terms of the resulting survey report.
c) If no survey is required and/or undertaken, the Purchaser shall be solely responsible for providing fully accurate dimensions in relation to the Product and/or installation.
d) This Purchase Agreement is conditional upon the Company’s approval of the Quote or VOC following inspection.
e) The Company reserves the right to make minor modifications to the Quote as the Company deems reasonably necessary.
f) It is the Purchaser’s responsibility to apply for and to obtain Building Regulations approval in supply only contracts. The Company recommends that such approval is obtained before the Purchaser enters into this agreement, as the Purchaser shall remain liable to pay for any goods manufactured even if any approvals needed are not granted. - SURVEY – FOR SUPPLY AND INSTALLATION ORDERS
a) This Purchase Agreement is conditional upon the Company’s confirmation of the Quote following inspection by the Company’s surveyor.
b) The Purchaser agrees to provide the Company reasonable access to the Premises to enable the survey to be fully completed.
c) The Company reserves the right to terminate and withdraw from the Agreement (with no further obligation or liability to Purchaser or Company) by written notice following such survey. In the event of such termination/withdrawal, the Company shall refund any deposit already received (less the survey fee).
d) The Company reserves the right to make minor modifications to the Products as the Company deems reasonably necessary.
e) Any additional products or services generated from the survey report, including the need for scaffolding or related to the presence of asbestos, which lead to a variation in cost to the Purchaser will be subject to a VOC (and, for the avoidance of doubt, such VOC will supersede the Quote and any prior correspondence).
f) The Purchaser agrees that should the Company’s surveyor be unable to confirm that asbestos is not present in the vicinity of the proposed installation, he may remove a sample for analysis. Where a sample is taken the Company’s obligation to make good is limited to sealing any area that has been disturbed in such manner as the Company may reasonably deem appropriate.
g) The survey is intended to confirm the detailed descriptions and measurements of the property to enable the Company to supply and install the items listed in the Quote. It is not intended nor does it purport to be a full structural survey and there may be structural issues at the Premises which may or may not be apparent. In the course of the survey, some apparent building fabric issues, such as cracks in plaster or rendering may be highlighted. The Company shall not be liable for repairing any such cracks which exist or which may appear or any movement in stonework during or following installation. - PRODUCT/CONDENSATION
a) Demonstration windows, doors and other Products are used to demonstrate the working of a typical Product, and accordingly are sample Products only. The windows or other Products detailed in the Quote are manufactured and/or installed by the Company as closely as possible to the demonstration specification whilst using such manner and materials as the Company reasonably considers suitable and, pursuant to the Company’s policy of continuous improvement of the Products, the Company reserves the right to make modifications in design, specification or composition of the Products in its reasonable discretion. For the avoidance of doubt, however, the overall specification or composition of the Products shall be substantially similar to samples available at the date of this Purchase Agreement.
b) Please note that the Company’s double glazing units are designed primarily to reduce the heat loss which normally occurs through single glazing. The occurrence of condensation on the outer surfaces of the units will depend primarily upon the environment inside and outside the dwelling. For further details, please refer to the Company’s published literature regarding condensation (available on request). Accordingly, please also note that the Company gives no warranty concerning the incidence, prevention or elimination of condensation following the installation of the Product. Condensation appearing within the sealed glazed unit during the warranty period is potentially a product fault and is covered by the terms of the warranties in clause 13. - PREMISES
a) The primary purpose of the Company’s site inspection is to ascertain sizes and the feasibility of the installations shown in the Quote and will not include a general or structural survey of the Premises. Such inspection will be confined to those areas of the Premises which directly relate to the proposed installation. The Company will not be responsible for remedying any defect in the Premises existing before the installation (or delivery) date or for any damage arising therefrom.
b) The Company may require provision for the secure storage of Products at the Premises for the duration of the work period.
c) The Purchaser shall be responsible for checking that and ensuring that the Products and their installation comply with all local planning, conservation, listed building and similar requirements and for obtaining all relevant consents, including landlord’s consent, unless and to the extent the Company agrees to obtain planning permission on the Purchaser’s behalf, as set out in 7 d) below. If the Purchaser fails to inform the Company in writing that the Premises are subject to such or similar restrictions, the company shall be entitled to assume without further enquiry that either they are not or that the Purchaser has obtained any relevant Consents or Approvals to the carrying out of the works and shall be under no liability whatsoever in the event of any enforcement or other action by the Local Authority or any other person or body.
d) The Quote assumes that there is no asbestos present within the Premises. The Company shall endeavour to identify if the presence of asbestos will affect the installation at the time of the survey and include this in a VOC. If asbestos is found by the Company the Purchaser shall be responsible for the costs associated with dealing with such asbestos.
f) It is the Purchaser’s responsibility to ensure that all areas of work and access to those areas are completely clear and unobstructed to allow unhindered commencement and progress of the works. - DELIVERY AND ACCESS
a) The estimated period for delivery shall run from the date of this Purchase Agreement (or, where this Agreement is financed by a building society or finance company, from the date confirmation of approval of the loan is received) or, if later, from the date of Company’s acceptance of the relevant surveyor’s report. The Purchaser acknowledges and agrees that the stated time for delivery of the Product is only an estimate and that time is not of the essence for the purposes of this Agreement. If any VOC has been agreed, the estimated period for delivery will run from the date of such VOC (or, if later, the date confirmation of approval of such loan is received).
b) Upon receipt of notice that the Products are ready for delivery (and subject to any prior arrangements agreed with the Company in writing), the Purchaser shall promptly provide reasonable access to the Premises.
c) In some cases the Company may need to site skips, ladders, scaffolds or vehicles on the Premises in order to meet its contractual obligations. The Purchaser agrees at no cost to the Company to provide such gas, electricity, water or other services to enable the Company to complete the installation and, if necessary, any remedial works. In the event of access being required to neighbouring land it is the Purchaser’s responsibility to ensure that access is granted and the Company shall not be held liable for any delays arising out of the Purchaser’s inability to gain such access.
d) The Purchaser acknowledges and agrees that supply of the Product will necessarily incur a delivery charge which is dependent upon value, volume and distance. This charge will vary in accordance with courier and fluctuating fuel costs. The Company shall endeavour to provide a reasonable prior estimate of such cost on request.
e) The Purchaser shall promptly reimburse the Company for any additional charges properly arising from any unreasonable non-acceptance of the Product by the Purchaser. Further, if the Purchaser’s acts (or omissions) prevent the Company from successfully delivering the Product on the agreed date, the Company reserves the right to charge the Purchaser a reasonable fee for costs arising from such altered delivery (which is likely to be a minimum of £500 plus VAT) and/or any additional costs arising from resulting storage fees. - RISK AND TITLE IN AND TO THE PRODUCTS
a) Title in and to the Products shall remain with the Company and shall not pass to the Purchaser until the total amount due to the Company (including any applicable interest and costs) has been received in full by the Company.
b) Until title passes, the Purchaser shall hold the Products as bailee for the Company.
c) Without prejudice to its other rights hereunder, the Company may, at any time before title passes to the Purchaser, repossess and dismantle and/or use or re-sell all or any of the Products in its own discretion and by doing so automatically terminate the Purchaser’s right to use, sell or otherwise deal with such Products. For such purposes, the Purchaser hereby permits the Company (or the Company’s authorised agent) to enter the Premises.
d) Risk in the Product shall pass to the Purchaser when the Company makes the Products available to the Purchaser (or any agent or carrier appointed by the Purchaser) at the Company’s Premises or other delivery point agreed by the parties. - ADDITIONAL WORK FOR SUPPLY AND INTALLATION CONTRACTS
a) The Company will not move or adjust fixtures, or fittings (or utilities or other services which are ancillary to the basic structure of the property, including without limitation radiators, pipes, electricity, water, telephone or television cables, etc).
b) The Company will use reasonable endeavours to ensure that work completed on the Premises matches existing finishes but will not be liable for non-matching of existing materials and cannot guarantee the matching of external specialist finishes such as pebble-dashing, Tyrolean or similar material. When variations occur in existing plaster lines, the Company cannot guarantee that equal amounts of subframe will be visible all round.
c) The Company will make good any damage caused by the Company in the course of installation to plaster, floor, rendering, brickwork or pointing immediately surrounding any window or door installed but cannot guarantee against superficial damage to surrounding wallpaper and paintwork or damage to ceramic tiles in the same or surrounding area. The making good of any such damage shall be the Purchaser’s sole responsibility.
d) The Company will not undertake to remove intact any existing glass, frames or secondary double glazing units, or to remove or replace existing secondary double glazing units, without causing damage. The making good of any such damage shall be the Purchaser’s sole responsibility.
e) All materials removed during the course of installation will be cleared from the Premises and cannot be retrieved or replaced thereafter. If any materials are required to be retained this must be timely notified in writing to the Company and is subject to the Company approval in each case (not to be unreasonably withheld).
f) The Company will not accept any responsibility or liability for existing defects in the structure of the property (such as structural cracks, existing cracks or live plaster, or lack of lintel support above the windows to be replaced).
g) If the amount of site waste is sufficient to necessitate substantial or third party waste clearing, the Purchaser will be liable for payment of any and all related costs.
h) In the event work cannot be completed due to site conditions or restrictions (for example sealing up after fitting), and return visit(s) and/or additional services are required to complete the work, the Company reserves the right to apply reasonable charges for any such additional visits or services.
i) Any complaint or claim made by the Purchaser in relation to alleged damage must be made in writing to the Company as soon as possible. - LIMITATION OF LIABILITY
a) The Purchaser agrees that the Company’s liability to the Purchaser hereunder shall be limited to the amount the Purchaser has actually paid to the Company for the Product under this Agreement. Except as set out herein, the Company shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising hereunder. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of the Company.
b) If the Purchaser establishes that any Products have not been delivered, have been delivered in a damaged state or do not comply with the applicable description, the Company shall, at its option, either replace with similar products or allow the Purchaser credit for the relevant invoice value or for costs of repair.
c) For the avoidance of doubt, the Company shall not be liable for any delay in delivery, and/or delay to completion of the work, which arises from cause(s) beyond its reasonable control. - PAYMENT
a) For Supply Only orders, payment (in cleared funds) shall be made as follows:Deposit: 50% of the total contract value upon placing of the order (plus 50% of any increased value under any VOC payable on signature of the applicable VOC). Full balance payable prior to collection or delivery.
b) For Supply and Installation orders, payment (in cleared funds) shall be made as follows: Deposit: 25% of the total contract value payable on acceptance of the Quote (and prior to Company’s survey), plus 25% of any increased value under any VOC payable on signature of the applicable VOC. 60% on or prior to commencement of installation (or, if earlier, on delivery). 15% payable on receipt of notice from the Company of substantial completion. For the avoidance of doubt, in every case the full balance of all payments hereunder is payable immediately on substantial completion (as reasonably determined by the Company) and must be paid, or made available for collection by the installation team, at such time.
c) Any late payments or other sum(s) outstanding at any time will be subject to interest at the rate of five percent (5%) above the then current annual base rate of Lloyds Bank plc, calculated daily from the date such payment was due to the date of actual payment.
d) For the avoidance of doubt, any minor defect(s) in the completed work shall be rectified in accordance with the Warranties set out below and, notwithstanding such guarantee, any failure to pay the full balance as set out above shall constitute a material breach by the Purchaser of this Agreement.
Telephone
MAD Aluminium and Upvc Windows and Doors is a trading name and copyright of Manchester Aluminium Doors Limited. Company Reg No. 10774353