The Brunstane Group Limited T/A Buy Your Own Doors Terms & Conditions
1. NECESSARY CONSENTS AND APPROVAL
- Unless otherwise agreed, The Brunstane Group Limited (hereafter referred to as The Brunstane Group) will not be responsible for applying or paying for any consent or permission (such as Listed Building Consent -which is consent that may be required in conservation areas or where your property is of historical or architectural significance – or any consent required in terms of your title deeds) and, by signing the Contract, you confirm to The Brunstane Group either that no other consents or permissions are required or that they have been or will be obtained by you and at your expense.
- If an application for consent is refused, or you consider any conditions attached to the approval to be unacceptable, the Contract will terminate and each party will be entitled to recover from the other such costs related to the Contract as have been reasonably incurred with the consent of the other party up to the date of termination, including in The Brunstane Group’s case, the cost of any survey completed.
2. INSTALLATION WORKS
- You will supply, free of charge, electricity for The Brunstane Group power tools and water for the necessary building works.
- In most cases, The Brunstane Group employees will carry out all installation works but, without restricting The Brunstane Group’s legal responsibilities to you under the Contract, The Brunstane Group do reserve the right to engage specialist subcontractors to provide certain goods and services as and when necessary.
- Except where the work is required as a result of The Brunstane Group’s negligence or, is part of the agreed specification, The Brunstane Group will not replace or reposition central heating boilers, flues, storage heaters, radiators, gutters, pipes or drains or carry out any other plumbing works. Such works will be your responsibility unless The Brunstane Group subsequently agrees otherwise in writing.
- The installed products will correspond to any description or sample provided to you but The Brunstane Group do not undertake or guarantee that any new building works or any part of the products to be installed will match the existing colours, finished or materials at your property.
- You will be responsible for the following matters, which are not included in the ‘Total Price’ figure:
- the repair, eradication, relocation or modification (as the case may be) of any pipes, cables or drains or defects/problems in your property, which are found before or during the installation works;
- the removal of all furnishings, wall hangings, blinds and curtains from the work area;
- the lifting, alteration, re-positioning, repair or reinstatement of any wall, floor or ceiling coverings or tiles or any paving slabs, paths, fencing, lawns, trees, bushes and plants;
- the relocation or modification of electricity meters/distribution boxes, alarms, telephones, televisions, radios, aerials, satellite dishes or other domestic appliances (although cables which simply require to be re-routed to enable The Brunstane Group products to be installed will be dealt with by The Brunstane Group unless you are otherwise advised)
- the redecoration of any part of your property which is affected by the installation of the products.
If requested to do so, The Brunstane Group will co-operate with any contractors instructed by you to deal with any of the above matters with a view to coordinating the necessary works and keeping disruption to a minimum. The Brunstane Group will also use its reasonable endeavours to minimise damage to your property and nothing in this clause shall exclude or limit The Brunstane Group liability for any damage which is beyond what is reasonably commensurate with the installation of the products in the usual way (for example, damage to other areas of your property where The Brunstane Group products are not being installed).
- Unless you instruct otherwise, all materials or down takings removed by The Brunstane Group in order to install their products will be removed from your property and disposed of by The Brunstane Group without further expense to you.
3. CONTINUOUS DEVELOPMENT
The Brunstane Group operates a policy of continuous improvement of its products and services and reserves the right to change the specification of its products and services without prior notification to you, provided such change relates to an upgrade in the relevant specification and does not materially change the appearance of the products. You will bear no extra cost for any change in the specification.
You will provide reasonable access (including where necessary and practical access for skips, scaffolding, concrete mixers and other necessary plant and machinery) to enable The Brunstane Group to perform the Contract. In exercising access The Brunstane Group will use its reasonable endeavors to mlnlmlse damage to your property
5. TERMS OF THE CONTRACT
It is The Brunstane Group’s intention that all the terms of the Contract between The Brunstane Group and you are contained in this document.
6. VALUE ADDED TAX (‘VAT’)
The figure included in the ‘Total Price’ figure in respect of VAT is calculated on the basis of current rates. In the event of a decrease in VAT rates prior to payment the benefit of this decrease will be passed to you and the VAT payable will be reduced accordingly. In the event of an Increase in VAT rates The Brunstane Group will have the option of (a) bearing any increase themselves or (b) asking you to pay the increased VAT. In the event that The Brunstane Group ask you to pay the increase in VAT and you are not prepared to do so, you will be entitled to terminate the Contract forthwith but without affecting any other claim, right or remedy either party may have against the other.
- Deposit/Stage Payments In addition to any agreed deposit further stage payments during manufacture/construction/installation may be payable if you have agreed to such payments. The deposit and any such stage payments will be deducted from the ‘Total Price’ figure.
- Time of Payment
The Brunstane Group may invoice you for the balance of the ‘Total Price’ figure at any time but, except as otherwise agreed in writing, the invoice will not be due for payment until:
- the order is confirmed (the due date) – in the case of Design & Survey and Supply Only contracts, or
- the installation of The Brunstane Group’s products – in the case of Fully Installed contracts
- Method of Payment
Payment should be made by cash, bank transfer or bank card on the due date (for Design & Survey and Supply Only contracts) or the installation date (for Fully Installed contracts).
- Withholding Payment
You shall not be entitled by any reason of any alleged minor defects to withhold more than a proportionate amount of the sum due to The Brunstane Group.
If you do not pay the invoice on the due date The Brunstane Group will, without limiting any other rights The Brunstane Group may have, be entitled to charge you interest at 3% per year above the Bank of Scotland Base Lending Rate everyday the monies owed remain outstanding.
8. INSURANCE RISK
Risk of damage to or loss of the products will pass to you at the time when the products are delivered to your property and you should notify your insurers accordingly.
9. DELIVERY DATES
Any date The Brunstane Group give you for delivering and/or installing the products is an estimate only. The Brunstane Group will do all that it reasonably can to meet the date. In the case of unforeseen circumstances beyond the reasonable control of The Brunstane Group, The Brunstane Group may not be able to do so. In such circumstances, The Brunstane Group will contact you and agree an alternative date. You will also do all that you reasonably can to enable delivery and/or installation to take place on the given date. In the case of unforeseen circumstances beyond your reasonable control, you may not be able to do so. In such circumstances you will contact The Brunstane Group and agree an alternative date.
10. YOUR STATUTORY RIGHTS AND THE GUARANTEE
- Where the Products are sold under a consumer transaction (as defined by the consumer Transactions (Restrictions on statements order 1976) – which will almost always be the case when the products are fitted to your home – your statutory rights will not be affected by The Brunstane Group’s guarantee which is intended to confer additional contractual rights on you.
- The Brunstane Group guarantee will only become effective once full payment of the ‘Total Price’ figure has been made.
- The Brunstane Group guarantees the durability of their products:
- for 10 years where the products are both supplied and installed by The Brunstane Group or their approved contractors; or
- for a period equivalent to the manufacturer’s guarantee where the products are installed by someone other than The Brunstane Group or their approved contractors
- There are certain limitations to the guarantee. These are;
- The Brunstane Group shall have no liability where damage has been caused by (i) storm, flood, explosion, fire or the like (ii) misuse or negligence by someone other than The Brunstane Group or their approved contractors (iii) alteration or repair of the products by someone other than The Brunstane Group or their approved contractors (iv) an accident (v) fair wear and tear or (vi) subsidence, settlement, drying out, shrinkage or any defect in your property which is not the result of negligence by The Brunstane Group or their approved contractors.
- The Brunstane Group shall have no liability to the extent that you or future owners of your property have failed to comply with the manufacturer’s maintenance recommendations and that failure has caused the defect;
- the guarantee does not cover (i) any work carried out by anyone other than The Brunstane Group or its approved contractors (ii) glass breakages after the initial installations (iii) the elimination of the naturally occurring condensation within the vanes of polycarbonate sheets (iv) the elimination of the other condensation from your property except where the condensation appears in the air gap between any The Brunstane Group double glazed panes (v) the eradication of features which are common in glass and within the acceptable tolerances laid down by the glass manufacturers-for example, correction of the optical phenomenon known as ‘Brewster’s Fringes’ (which can appear as colour bands or rainbows within glass) (vi) the elimination of efflorescence (which is a naturally occurring white powder or salt sometimes produced by the drying out of bricks/mortar) or (vii) bleeding of lead flashings;
- any remedial works under the guarantee will be carried out during normal business hours;
- All moving parts such as handles, hinges and locking mechanisms are covered by the guarantee.
- The unexpired benefit of the guarantee will be available to subsequent owners of your property.
11. ENDING THE CONTRACT
- Your Right to Cancel
In addition to any cancellation rights you may have under either the Consumer Protection (Cancellation of Contracts concluded away from Business Premises) Regulations 1987 – which are set out in the Notice of Cancellation Rights on this page – or under the Consumer Credit Act 1974 – which will be set out in any offer of credit facilities you receive in connection with the Contract – you will have the right to cancel the Contract by sending or delivering a written notice of Cancellations to The Brunstane Group in accordance with clause 12.1 within the period of seven days following the making of the Contract. Contact details have been included below for this purpose. The Brunstane Group strongly recommends that you send any cancellation notice by Recorded Delivery or obtain a receipt for any notice delivered by hand.
- The Brunstane Group’s Right to Cancel
The Brunstane Group will have the right to cancel the Contract by sending or delivering a written notice of cancellation, together with refunding any monies paid by you to The Brunstane Group, within the period of seven days following the making of the Contract.
- Termination without any Breach of Contract
You are reminded of the circumstances in which termination of the contract may take place without either party being in breach of contract. These are set out in Clause 1.2.
- Termination Breach of Contract
If you fail unlawfully to take delivery of the products or to perform any essential obligations under the Contract or fail to take delivery or so perform within any time provided in the Contract, The Brunstane Group, without limiting any other rights The Brunstane Group have, may treat the Contract as terminated and;(a) any deposit paid shall be forfeited
(b) In addition you will be liable to The Brunstane Group for the loss of profit under the Contract and such other reasonable and foreseeable losses as The Brunstane Group may suffer, and such losses shall be paid by you immediately;
(c) The Brunstane Group shall be entitled to dispose of the products as it thinks fit. If The Brunstane Group fail unlawfully to deliver and/or install the products or to perform any essential obligations under the contract, you shall likewise be entitled to treat the Contract as terminated and seek the reasonable and foreseeable losses incurred as a result.
Any notice required or permitted to be given by either party to the other under this Contract shall be in writing and shall be addressed to that other party at the address shown below or at such other address as may be notified by either party to the other during the Contract, including e-mail where the recipient party has provided a valid e-mail address.
- Law of the Contract
The Contract shall be governed by the laws of Scotland.
The Brunstane Group Limited 4 Brunstane Bank
EH15 2NR Easy@BuyYourOwnDoors.com 0131 629 5640