Terms and Conditions
Introduction:
These are Apex Windows & Doors Ltd Terms & Conditions. They tell you:
When these terms apply:
Please ensure you read these terms before using our services. By using our services, you are agreeing to these terms. You’re also agreeing to our: Terms of Use, Privacy and Cookie policies.
The latest version always applies, and we’ll usually only make updates when we offer a new service, change how we provide a service, or have to comply with a new legal requirement.
What do we mean by “Services”?
Anything offered by Apex Windows & Doors Ltd. Across the windows and doors trade we cover;
• Estimates
• Project Work
• Installations
• Repairs
• Servicing
• Guarantees
Terminology:
For the purpose of these terms & conditions the following words have the following meanings:
• “Us/We/Our” refers to Apex Windows & Doors Ltd.
• “You” refers to you: the customer (the person or organisation for whom we agree to carry out work and/or supply or materials).
• “Tradesperson/tradespeople” refers to the representative(s) appointed by Apex Windows & Doors Ltd to carry out work.
We reserve the right to refuse or decline to undertake any work. We reserve the right, at our absolute discretion, to designate the tradesperson/tradespeople that will represent us.
Minimum Fee:
A minimum fee is applied when work is carried out.
It is not a “Call Out Charge”.
Up to the First hour of Labour is included in the minimum fee. After the first hour, normal hourly rates will apply.
The minimum fee covers overheads needed to keep the business running:
This cover items such as:
Hourly Rate Work:
The total charge to you will consist of the cost(s) of:
•Minimum Fee (see above)
•Labour (the amount of time spent by the tradesperson carrying out work) including all reasonable time spent in obtaining non-stocked materials, charged in accordance with our current hourly rates.
• Materials supplied by us (not exceeding the trade purchase price of materials +20% mark-up).
You will only be charged for the time spent related to your work. All other time, i.e. lunch breaks, is non-chargeable. All charges are subject to the prevailing rate, except in cases where the work carried out is zero rated.
Hourly Rate: £35
Fixed price work:
The total charge to you will be given as a firm cost (manifest errors exempted), inclusive of labour & materials, and will be within 10% over the equivalent total hourly rate cost.
Where a written estimate has been supplied to you, the total charge outlined in the estimate should not exceed the actual time taken by more than 20%, but may be revised in the following circumstances:
• If, after submission of the estimate, you instruct us (in writing or verbally) to carry out additional work not referred to in the estimate.
• If, after submission of the estimate, there is an increase in the price of materials.
• If, after submission of the estimate, it is discovered that further work needs to be carried out which were not anticipated when the estimate was prepared.
• If, after submission of the estimate, it is discovered that there was a manifest error when the estimate was prepared.
We will not be under any obligation to provide an estimate to you and will only be bound by estimates given in writing to you and signed by an authorised representative. We will not be bound by any estimates given orally or in which manifest errors occur.
Installation Work:
Building Warrants:
It is the client/customers responsibility to ensure permission, building warrants and authorisation for any/all work required.
Exclusions:
Offers & Incentives:
On an ongoing basis, at our discretion, we promote a selection of offers and incentives; these will be clearly defined including any specific terms & conditions. Offers and incentives may only be used in conjunction with each other at our discretion.
Material Collection:
Collection of non-stock items is chargeable, however:
• Time taken will be kept to a minimum and within reason and should not exceed 2 hours.
• In the unforeseen circumstances that the collection time is likely to exceed 2 hours you will receive prior notification of the reason.
Invoices & Payment:
Upon your agreement for us to carry out estimated or Pre-Booked work, a first installment payment of 50% of the total is payable immediately. We reserve the right to request full payment in advance at our discretion.*
Upon completion of work you will be invoiced, for which payment is due on receipt. Apex Windows & Doors Ltd reserves the right to accrue and charge interest on any part of an invoice which remains unpaid at a rate of 8% over the Bank of England base rate until payment is received by us in full.
Interest will be added after 30 days of Invoice date and daily until payment is received.
You accept sole liability to make payment in full, unless you disclose when initially instructing us, to carry out work and/or supply materials that you are acting on behalf of a third party.
Timekeeping:
Where the date and/or time for work to be carried out is agreed, we will use reasonable endeavour to ensure that the tradesperson attend accordingly. We accept no liability in respect of the non-attendance or late-attendance on site of the tradesperson, or for the late or non-delivery of materials.
We will not be liable for any delay, or for the consequences of any delay, in performing any of our obligations if such delay is due to any cause beyond our reasonable control, and we will be entitled to a reasonable extension of the time for performing such obligations.
Just an understanding and extension of time. I will discuss this with you should this arise!
Cancellation:
If you need to cancel (or rearrange) your booking, you must notify us (preferably by telephone) by the end of the working day before the scheduled booking. Cancellations made further in advance should also be made by telephone, and you should request written confirmation from us, so that you are not liable to be charged.
If you cancel your instructions more immediately prior to work being carried out, or materials being supplied, you will be liable for the cost of any time and materials incurred by us, together with the profit that would have been made by us, in accordance with the original instructions
Guarantee:
For your peace of mind, we provide a 12 month guarantee on labour carried out by a Apex Windows & Doors Ltd tradesperson, in respect of faulty workmanship only. This is active from the date of completion of work, in addition to any manufacturer’s warranty/warranties.
The guarantee will become null & void if the work completed/supplied by us is:
• Subject to misuse or negligence.
• Repaired, modified or tampered with by anyone other than a Apex Window & Doors Ltd tradesperson. We will accept no liability for, or guarantee suitability; materials supplied by you & will accept no liability for any consequential damage or fault.
Work is only guaranteed in respect of work directly undertaken by us and full payment having been made. Any non-related faults arising from recommended work which has not been undertaken by us will not be guaranteed.
Where we agree to carry out work on installations of inferior quality (or over ten years old) no warranty is given in respect of such work and we accept no liability in respect of the effectiveness of such work or otherwise.
Liability:
We will only be liable for rectifying our own guaranteed work, and will not be held responsible for any ensuing damage or claims resulting from other work overlooked or subsequently requested and not undertaken at the time.
We will not be held liable or responsible for any damage or defect resulting from work not fully guaranteed, or where recommended work has not been carried out. Work will not carry a guarantee where you have been notified by the tradesperson either verbally or indicated in ticked boxes or in our comments/recommendations.
We shall not be held liable for any delay, or consequences of any delay, in performing our obligations if such a delay is due to any cause beyond our reasonable control and we shall be entitled to reasonable time extensions.
Title to goods:
Goods supplied and delivered by us to you, or your premises, shall remain our property until paid for by you in full. Whilst goods remain our property we have the absolute authority to:
• Retake, sell or otherwise deal with or dispose of all or any part of these goods.
• Enter any premises, at any time and without notice, in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.
• Seek a court injunction to prevent you from selling, transferring or otherwise disposing of such goods.
The risk in such goods will pass to you on delivery to you. You must insure them at replacement value, and if asked you must produce evidence that they are properly insured.
General:
These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative and you. Our terms and conditions will prevail over any terms and conditions used by you or contained, set out or referred to in any documentation sent to us by you. By entering into a contract with us you agree irrevocably to waive the application of any of these terms and conditions.
These terms and conditions, and all contracts awarded between us and you, shall be governed and construed in accordance with Scottish Law and shall be subject to the exclusive jurisdiction of the Scottish Law.
Our office and main trading address is:
55 Eskside West, Musselburgh, EH21 6RB.
Introduction:
These are Apex Windows & Doors Ltd Terms & Conditions. They tell you:
- The rules for using our services
- What you can expect from Apex Windows & Doors Ltd
- Your rights and responsibilities
When these terms apply:
Please ensure you read these terms before using our services. By using our services, you are agreeing to these terms. You’re also agreeing to our: Terms of Use, Privacy and Cookie policies.
The latest version always applies, and we’ll usually only make updates when we offer a new service, change how we provide a service, or have to comply with a new legal requirement.
What do we mean by “Services”?
Anything offered by Apex Windows & Doors Ltd. Across the windows and doors trade we cover;
• Estimates
• Project Work
• Installations
• Repairs
• Servicing
• Guarantees
Terminology:
For the purpose of these terms & conditions the following words have the following meanings:
• “Us/We/Our” refers to Apex Windows & Doors Ltd.
• “You” refers to you: the customer (the person or organisation for whom we agree to carry out work and/or supply or materials).
• “Tradesperson/tradespeople” refers to the representative(s) appointed by Apex Windows & Doors Ltd to carry out work.
We reserve the right to refuse or decline to undertake any work. We reserve the right, at our absolute discretion, to designate the tradesperson/tradespeople that will represent us.
Minimum Fee:
A minimum fee is applied when work is carried out.
It is not a “Call Out Charge”.
Up to the First hour of Labour is included in the minimum fee. After the first hour, normal hourly rates will apply.
The minimum fee covers overheads needed to keep the business running:
This cover items such as:
- Insurance
- Tax
- Transportation
- Administration
- Tools
- Training
- Trade Body Membership
- etc. etc
Hourly Rate Work:
The total charge to you will consist of the cost(s) of:
•Minimum Fee (see above)
•Labour (the amount of time spent by the tradesperson carrying out work) including all reasonable time spent in obtaining non-stocked materials, charged in accordance with our current hourly rates.
• Materials supplied by us (not exceeding the trade purchase price of materials +20% mark-up).
You will only be charged for the time spent related to your work. All other time, i.e. lunch breaks, is non-chargeable. All charges are subject to the prevailing rate, except in cases where the work carried out is zero rated.
Hourly Rate: £35
Fixed price work:
The total charge to you will be given as a firm cost (manifest errors exempted), inclusive of labour & materials, and will be within 10% over the equivalent total hourly rate cost.
Where a written estimate has been supplied to you, the total charge outlined in the estimate should not exceed the actual time taken by more than 20%, but may be revised in the following circumstances:
• If, after submission of the estimate, you instruct us (in writing or verbally) to carry out additional work not referred to in the estimate.
• If, after submission of the estimate, there is an increase in the price of materials.
• If, after submission of the estimate, it is discovered that further work needs to be carried out which were not anticipated when the estimate was prepared.
• If, after submission of the estimate, it is discovered that there was a manifest error when the estimate was prepared.
We will not be under any obligation to provide an estimate to you and will only be bound by estimates given in writing to you and signed by an authorised representative. We will not be bound by any estimates given orally or in which manifest errors occur.
Installation Work:
- Where carpet or floor coverings require lifting, best endeavours will be made to avoid damage and to refit to an acceptable standard. However, employing a specialist fitter may be prudent, to affect a fully satisfactory reinstatement.
- Unless agreed beforehand, chases to walls, etc will be left unfilled. Final finishing of skim coat plaster and final decoration is excluded.
- We will endeavour to undertake installation work to a clean standard. However, some additional vacuuming and cleaning down of surfaces should be expected afterwards. Any equipment susceptible to damage from dust (e.g. video or computer equipment) must be removed from the work area prior to Apex’s arrival.
- In the event the works are not competed on time due to unforeseen circumstances on the clients side, and or delays by other trades, payment may be requested for the works carried out up to the date in question, and any additional time and materials required will be at an additional cost.
Building Warrants:
It is the client/customers responsibility to ensure permission, building warrants and authorisation for any/all work required.
Exclusions:
- Whilst we try to be as helpful as possible and will generally do some limited moving to create access, the clearing and / or moving of furniture and other large items blocking access to work areas are not included within the quote. If we are unable to proceed with a job due to access restrictions our minimum charge will be payable for attendance.
- Removal from site and disposal of rubble, materials, general waste and packaging is not included. We may, at our discretion, remove old windows and doors for responsible disposal.
Offers & Incentives:
On an ongoing basis, at our discretion, we promote a selection of offers and incentives; these will be clearly defined including any specific terms & conditions. Offers and incentives may only be used in conjunction with each other at our discretion.
Material Collection:
Collection of non-stock items is chargeable, however:
• Time taken will be kept to a minimum and within reason and should not exceed 2 hours.
• In the unforeseen circumstances that the collection time is likely to exceed 2 hours you will receive prior notification of the reason.
Invoices & Payment:
Upon your agreement for us to carry out estimated or Pre-Booked work, a first installment payment of 50% of the total is payable immediately. We reserve the right to request full payment in advance at our discretion.*
Upon completion of work you will be invoiced, for which payment is due on receipt. Apex Windows & Doors Ltd reserves the right to accrue and charge interest on any part of an invoice which remains unpaid at a rate of 8% over the Bank of England base rate until payment is received by us in full.
Interest will be added after 30 days of Invoice date and daily until payment is received.
You accept sole liability to make payment in full, unless you disclose when initially instructing us, to carry out work and/or supply materials that you are acting on behalf of a third party.
Timekeeping:
Where the date and/or time for work to be carried out is agreed, we will use reasonable endeavour to ensure that the tradesperson attend accordingly. We accept no liability in respect of the non-attendance or late-attendance on site of the tradesperson, or for the late or non-delivery of materials.
We will not be liable for any delay, or for the consequences of any delay, in performing any of our obligations if such delay is due to any cause beyond our reasonable control, and we will be entitled to a reasonable extension of the time for performing such obligations.
Just an understanding and extension of time. I will discuss this with you should this arise!
Cancellation:
If you need to cancel (or rearrange) your booking, you must notify us (preferably by telephone) by the end of the working day before the scheduled booking. Cancellations made further in advance should also be made by telephone, and you should request written confirmation from us, so that you are not liable to be charged.
If you cancel your instructions more immediately prior to work being carried out, or materials being supplied, you will be liable for the cost of any time and materials incurred by us, together with the profit that would have been made by us, in accordance with the original instructions
Guarantee:
For your peace of mind, we provide a 12 month guarantee on labour carried out by a Apex Windows & Doors Ltd tradesperson, in respect of faulty workmanship only. This is active from the date of completion of work, in addition to any manufacturer’s warranty/warranties.
The guarantee will become null & void if the work completed/supplied by us is:
• Subject to misuse or negligence.
• Repaired, modified or tampered with by anyone other than a Apex Window & Doors Ltd tradesperson. We will accept no liability for, or guarantee suitability; materials supplied by you & will accept no liability for any consequential damage or fault.
Work is only guaranteed in respect of work directly undertaken by us and full payment having been made. Any non-related faults arising from recommended work which has not been undertaken by us will not be guaranteed.
Where we agree to carry out work on installations of inferior quality (or over ten years old) no warranty is given in respect of such work and we accept no liability in respect of the effectiveness of such work or otherwise.
Liability:
We will only be liable for rectifying our own guaranteed work, and will not be held responsible for any ensuing damage or claims resulting from other work overlooked or subsequently requested and not undertaken at the time.
We will not be held liable or responsible for any damage or defect resulting from work not fully guaranteed, or where recommended work has not been carried out. Work will not carry a guarantee where you have been notified by the tradesperson either verbally or indicated in ticked boxes or in our comments/recommendations.
We shall not be held liable for any delay, or consequences of any delay, in performing our obligations if such a delay is due to any cause beyond our reasonable control and we shall be entitled to reasonable time extensions.
Title to goods:
Goods supplied and delivered by us to you, or your premises, shall remain our property until paid for by you in full. Whilst goods remain our property we have the absolute authority to:
• Retake, sell or otherwise deal with or dispose of all or any part of these goods.
• Enter any premises, at any time and without notice, in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.
• Seek a court injunction to prevent you from selling, transferring or otherwise disposing of such goods.
The risk in such goods will pass to you on delivery to you. You must insure them at replacement value, and if asked you must produce evidence that they are properly insured.
General:
These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative and you. Our terms and conditions will prevail over any terms and conditions used by you or contained, set out or referred to in any documentation sent to us by you. By entering into a contract with us you agree irrevocably to waive the application of any of these terms and conditions.
These terms and conditions, and all contracts awarded between us and you, shall be governed and construed in accordance with Scottish Law and shall be subject to the exclusive jurisdiction of the Scottish Law.
Our office and main trading address is:
55 Eskside West, Musselburgh, EH21 6RB.