All Terms & Conditions are the agreement between the Customer and Maceland (herein know as Maceland or the Company). You should carefully read these Terms & Conditions and check the specification details on the Purchase Agreement before signing it. Any variation must be agreed in writing by a Variation of Contract being raised and signed by the Customer and the Company. The Customer and the Company intend that no person who is not a party to this agreement is to have the benefit of or be capable of enforcing any terms of this agreement as a result of the Contracts (Right of Third Parties) Act 1999.
Code of Practice
We support the GGF Code of Practice as promoted by the Glass & Glazing Federation (GGF) and undertake to work within the guidelines of this and any other GGF Code of Practice. A copy of our Code of Practice is available upon request. In the case of any dispute, we will provide details of the GGF’s Conciliation Scheme and Arbitration Scheme administered by the Centre for Effective Dispute Resolution.
Glass & Glazing Federation (GGF)
All retail supply and install contracts benefit from our GGF membership, which ensures that you are purchasing from an accredited installer. The vetting process ensures that Maceland is a competent, reliable and financially sound provider and installer of double glazed and associated products. Through this scheme you will receive the benefit of an Insurance Backed Guarantee free of charge.
Cancellation
You have the right to cancel this contract subject to the clauses below:
Products such as windows, which are made to measure and made to your 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 Good Practice, we provide you with a right to cancel without charge up to 7 calendar days after the date of the contract.
Where a Maceland Purchase Agreement is negotiated away from Maceland’s business premises, if the Customer is unhappy with the agreement for any reason it can be cancelled and a refund of any deposit paid can be obtained by taking or sending a letter to the Company for the attention of the Managing Director, Maceland, 290 Walton Road, West Molesey, Surrey, KT8 2HT, within 14 calendar days following the date on which the Purchase Agreement was signed. Please note that the Customer may be required to pay for goods or services received before the end of the cancellation period, eg. carrying out a survey. Maceland recommends that the Customer send any cancellation letter by recorded delivery, although it may also be sent by electronic mail to sales@maceland.co.uk. Notice of cancellation is deemed to be served as soon as it is posted or in the case of electronic communication from the day it was sent.
The specification of products to be supplied and works to be carried out are as defined in the Purchase Agreement and any attachments thereto. No other statements or warranties whether written or verbal may be relied upon by the Customer unless made in writing and signed by a Maceland representative.
Acceptance of the terms of the Maceland Purchase Agreement and the Maceland’s Terms & Conditions of Sale (which forms part of the contract documents issued with the Purchase Agreement), will be deemed confirmed upon the customer signing the Maceland Purchase Agreement.
If it is discovered during our survey that additional works will be required in excess of that included within your Purchase Agreement, you will be notified of any additional costs that may apply. If Maceland and the Customer are unable to agree on a revised Purchase Agreement, the Customer may cancel the contract but will be liable for any reasonable costs incurred by the Company at that time.
Either party is entitled to cancel the Purchase Agreement in the event of any serious breach of terms by the other, including, but not limited to, refusal to comply with Building Regulations. All reasonable costs will be paid by the defaulting party. Survey
The Survey will take place at a time agreed by you and us, usually within 14 days of the contract date. In the event of no agreement being achieved refer to Clause (1).
If our surveyor’s report reveals that your property is unsafe or unsuitable for the works and / or additional work is required at an extra cost to you, you may cancel the contract. If, in Maceand’s opinion, it would not be in our interest to proceed with the contract, we have the right to cancel the contract.
In the above event, you will be provided with full details of the survey findings and the deposit will be returned to you.
A detailed survey of the work to be carried out will be undertaken by the Company’s surveyor. The Customer should endeavour to be present when the survey is being carried out and sign the survey sheet as approved, but should the Customer appoint an agent to act on their behalf, the agent’s approval will be deemed to be that of the Customer. Should the survey be sent to the customer in the the post, manufacture will not proceed until the Company receives the signed survey for the Customer. Any changes requested after survey shall be subject to a Variation of Contract (VoC) and chargeable. Installation
The works shall start as close to the target start date as possible or as mutually agreed with the Customer and the Customer will provide access at the date arranged. Maceland will notify the Customer in writing of the proposed installation date. If the Customer needs to change the proposed installation start date, the Customer must notify Maceland as soon as possible (no later than 48 hours prior to the installation start date) and a revised installation date willbe agreed. If it is necessary for Maceland to cancel an installation, the Customer will be informed by Maceland as soon as practically possible. Maceland will not be liable for any consequential losses suffered by the Customer in the event of a cancellation of the agreed installation start date.
If installation is not commenced within the target start date, other than for reasons beyond the Company’s control, the Customer may write to Maceland requiring the work to be completed within 6 weeks or some other mutually agreeable period.
Following any written notification of the installation date, should it become clear that the start date cannot be adhered to due to unavailability of properly ordered goods, the Maceland will advise and agree a new installation date with the Customer. If the goods are not available for installation within 12 weeks from the original target start date, or within 6 weeks of the agreed installation start date, then the Customer may reserve the right to cancel any of the installation which is reliant upon the unavailable goods. The Customer will receive a refund where applicable, less any costs reasonably incurred by the Company.
Maceland will only be liable for any damage caused to the Customer’s property that was not necessary for the completion of the contract and such was caused by Maceland not exercising reasonable care and skill. All reasonable care will be taken to adequately repair existing internal and external surfaces following installation works to a pre-decorated standard for completion by the Customer. The Customer will notify Maceland of any damage reasonably attributable to any Maceland staff and repairs will be carried out by Maceland or it’s agents to a reasonable extent and standard.
Whilst every effort will be made to ensure trims match the frames, Maceland cannot guarantee a perfect match on any colours, including white.
Maceland shall not be liable for any delay in the completion of the work, which arises from causes beyond its control, eg. exceptionally poor weather, fire, flooding, civil disturbances, strike action by others, criminal damage and acts of war. Nor shall such a delay entitle the Customer to cancel all or part of the Purchase Agreement.
Maceland shall not be liable for any consequential losses suffered by the Customer beyond the replacement or refitting of the products supplied under the Purchase Agreement, including losses arising from the Customer taking time off to allow access for Maceland staff to complete installations or remedial works; or personal inconvenience caused by delays to the installation of products or carrying out of remedial works.
Maceland will remove and dispose of all replaced existing doors, windows and / or frames unless the Customer asks Maceland in writing to leave them on site. General
The Customer must ensure that the Company’s workmen (including surveyors, installers and service engineers) can gain access during working hours, Monday to Friday. Please note that the Company cannot attend outside these hours and that should premises be non-accessible at times during the installation process, additional charges may be incurred unless the Company is given 48 hours advanced notice.
The Customer should note that the Company cannot guarantee that the installation supplied will reduce or be free from condensation and that where polycarbonate sheeting is used in conservatory roofs it is not a sealed unit and may therefore be subject to a small amount of condensation, depending on weather conditions.
Where windows or a conservatory are to be installed, the Customer must remove all adjacent curtains, pelmets, blinds, furniture, precious items, garments etc. and provide a clear access in those areas of the dwelling required for access by workmen and materials.
Where Georgian decorative or coloured lead designs are requested it is the Customer’s responsibility to ensure that correct details are shown on the Purchase Agreement and to check and sign the Company’s surveyor’s sheet. This authorises manufacture to take place.
The Customer should note that the Company reserves the right to make minor improvements or changes to the specification without first obtaining the Customer’s approval. Products in showrooms are constantly updated so again products installed may vary from viewed as sample or in showroom.
Polished floors or very lights carpets, the Customer is advised to protect them prior to commencement of work unless stated on the Purchase Agreement that the Company is to organise additional protection over and above the standard laying of dust sheets then the Company shall not be held responsible for cleaning carpets or polishing marked floors etc.
The Customer agrees to maintain the products at all times and regularly lubricate moving parts such as hinges and locking mechanisms etc. in accordance with the time scales and methods outlined in the Maceland Regular Maintenance leaflet.
Damage
The Company cannot be held liable for accidental damage, however caused, and in the unlikely event of damage, a claim should be made against the Customer’s household insurance policy.
While the Company will take all reasonable care not to cause damage to the internal or external decorations or fabric of the property during the course of installation, it will make good any damage to exterior and interior walls, solely on the acceptance by the Customer that it does so without liability and is not responsible for replacing damaged wallpaper or repainting. Replacement of rotten timber and paster will be chargeable to the Customer if requested. Where painted exterior sand and cement render is required, it will be left with a natural finish for the Customer to match at a later date should they choose to do so. The Company does not undertake to provide matching ceramic tiles or specialised finished such as Tyrolean or pebble-dash external finishes. Payment Terms
Upon signing the Purchase Agreement, the Customer accepts the payment terms as noted on the Purchase Agreement or as expressly agreed in writing between the parties and the Customer also acknowledges Maceland’s terms and conditions of sale in full.
Maceland shall retain legal ownership of any goods whether fixed or not to the Customer’s property, until the total Purchase Agreement contract price has been paid in full. Legal ownership of any goods or products will be transferred to the Customer on final payment.
Final payment is due immediately upon completion of the installation and associated works. In some circumstances and where agreed by Maceland, part of the original contract value may be withheld by the customer in relation to minor defects or remedial work remaining after the installation has been completed. Any sum withheld must be commensurate with the value of the incomplete works. Maceland must be given the opportunity to carry out any remedial works. If the Customer appoints a third party to carry out remedial works without giving Maceland the opportunity to do so first, Maceland shall not be liable to the Customer for any excess costs incurred with any third party. Any outstanding balance must be paid to Maceland immediately upon completion of the outstanding work.
The Customer shall provide reasonable access to Maceland to allow remedial works to be carried out. If, for any reason, access cannot be arranged to carry out remedial works within 7 days of a written request by Maceland, the balance of the contract shall immediately become payable in full.
Maceland reserves the right to charge interest on balances that remain overdue for 14 days unless written terms have been agreed by Maceland. Interest will be charged at 4% above the Bank of England Base Rate.
If payment is not made in full for overall agreed costs, the works are not guaranteed unless a written variation of costs has been agreed between the Customer and the Company. Services
Telephone, aerial and electric cables are the responsibility of the Customer and if not moved prior to installation, which then results in damage to said cable or attached fitting to the cable , the Company is not responsible nor is the Company responsible for re-attaching any cable, bells, telephone junction box, power points, televisions aerial points etc.
You will remove any service or fixtures and fittings from your property before work commences, eg. boiler flues, radiators, pipes, electricity cables, telephone cables, door bells, satellite dishes etc.
You will allow us free use of water and electricity for the purposes of installing the products.
You will obtain all third-party consents that may be required, eg. from neighbours, planning authorities etc. Guarantee • Maceland guarantees to replace or repair, at the Company’s discretion, free of charge for labour and materials, all products shown below, subject to products being regularly maintained as described within the Maceland Regular Maintenance leaflet issued on completion of the installation.
All PVCu window and door frames for 10 years from installation.
All aluminium window and door frames for 10 years from installation.
All composite door slabs against splitting or cracking for 10 years from installation.
All conservatory / orangery type structures against major faults, including any foundation, concrete or brickwork constructed by Maceland for 10 years from installation.
All engineered timber window and door frames and associated timber products against rot for 10 years from installation.
All factory applied microporous finishes to engineered timber are guaranteed not to blister or peel within 5 years from installation.
Surface finished of metallic parts are guaranteed not to tarnish, pit or flake for 1 year from installation.
All internal blind units carry a 5 year guarantee on the sealed unit and integral blind and a 2 year guarantee on the external blind components.
All sealed double or triple glazed units are guaranteed against breakdown of the seal leading to internal condensation within the unit for 5 years from installation.
All handles, locks, hinge mechanisms and associated mechanical parts are guaranteed for 1 year from installation.
Plumbing, all building work, plastering and electrics are covered for 1 year from installation.
• This guarantee does not extend to:
Minor imperfections within the glass and outside the scope of the visual quality standards of the Glass and Glazing Federation.
Defects arising in handles, lock or hinge mechanisms and associated parts, the tarnishing, pitting or other marring of the finish of products supplied or breakdown of weather seals, gaskets or other similar products which appear more than 12 months after the date of installation.
Defects arising due to normal wear and tear of moving parts, damage due to misuse, neglect or lack of maintenance by the Customer,or from causes beyond Maceland’s control, eg. fire, flooding, civil disturbance, criminal damage or acts of war, or damage caused by third party contractors undertaking work at the Customer’s property as instructed by the Customer.
Special items installed, eg. electrical ventilators, batteries etc., where the manufacturers normal guarantee will apply.
Any work(s) carried out by others associated with this installation or to those parts of this installation affected by work(s) by others, other than work(s) carried out by Maceland or it’s employees and sub-contractors.
Any condensation that appears on the outside of glass sealed units from time to time
‘Blooming’ on coated glass products which may become visible to the naked eye when the light falls from an oblique angle, which in some cases may appear as a ‘frame effect’ around the window. This effect is normal and does not indicate dirt or contamination.
Soiling to products or discolouration caused by environmental factors such as air pollution, dirt, dust, fumes, fungal action or other contaminations.
Distortion or bowing of front entrance doors considered to be within tolerances issued by manufacturers from time to time.
The customer must notify Maceland of any claim under the terms of this guarantee within 28 days of discovery of the fault, or as is considered reasonable.
The guarantee is transferable to a new owner within 5 years of installation, providing an inspection is carried out by the Company within 3 months of the new owner taking possession of the property. An inspection fee applies. Complaints • Our aim at Maceland Is to provide a high quality service for all our customers. However, we recognise that things can occasionally go wrong. We take any complaints seriously and have a Complaint Handling Procedure in place. Copies available upon request. Statutory Rights • Nothing in these conditions will reduce the Customer’s statutory rights relating to the supply of goods and services. Further information regarding these statutory rights may be obtained from the local authority Trading Standards Department or Citizens Advice Bureau.
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