Installation: Highland Fraser Limited. (Hereinafter referred to as “the Company”) will deliver the goods and services ordered and carry out the work as agreed. Highland Fraser Limited has a policy of continuous improvements to its products. The Company therefore reserves the right to incorporate such modification in its products.
Payment: The Customer is paying a deposit (if required) and has agreed to pay the balance of the purchase price by cash or cheque in favour of Highland Fraser Limited on installation. Any sums outstanding following installation will be subject to a late payment surcharge of 5% of the Agreement value for the first month or part thereof, and thereafter to interest at the rate of 2˝% above the Base Lending Rate for the time being fixed by HSBC Bank plc. If the full order is not installed at the same time, or any one or more of the products or any part of the products cannot be installed for any reason, the units that have been installed will be invoiced when payment becomes due.
Access: The Customer has agreed to provide reasonable access to enable installation to be completed as soon as possible after being advised that the goods are ready. If within six weeks of such advice an appointment for installation has not been made the balance of the purchase price will be due and payable. An installation appointment will then be made on a mutually convenient date.
Delivery Date: The installation Target Date is that anticipated at the date of the Agreement. This is an estimate and not a term of the Agreement and therefore Company can not be held liable for any loss due to delay.
Installation Site: Any technical survey carried out by the Company is not a full structural survey of the Customer’s property and will only deal with items that are reasonably ascertainable from an external examination of the installation site. The contract price is therefore calculated on the basis that the property is structurally sound and there are no factors reasonably ascertainable from an external examination of the site that would make completion of the contract more difficult than reasonably anticipated on such a survey. If such factors are found to exist at any time after technical survey, then the Company reserves the right to charge an additional fee for carrying out the extra work as required.
Removals: Items necessary to be removed (i.e. existing kitchen/bathroom units or flooring) will be cleared away from the site unless the Customer has requested for them to be left. The Company does not guarantee being able to remove these items without damage, although every effort will be made to do so.
Additional Work: Unless otherwise agreed, the Customer is responsible for the removal and replacement (any alteration if required) of curtains, blinds, and pelmets, the lifting and refitting of carpets, the re-positioning of telephones and burglar alarm fittings and any electrical connections or aerials or gas installations, to enable the goods/services to be installed/carried out.
Planning Consent: It is entirely the Customers’ responsibility to identify the need for any planning permission, building regulation consents, or other similar consents or approvals and to obtain those which the Company has not agreed in writing; to apply on the Customers’ behalf such documents identifying specifically the consent for which the Company has agreed to apply. The Company is not obliged to carry out any work on this agreement until satisfactory confirmation that all such consents and approvals have been obtained. Any requests for the Company to carry out any work on the Agreement before any such consents and approvals are obtained will be entirely at the Customers’ own risk and responsibility, and the Company will be indemnified in respect of any costs, losses, claims, damages, or liability incurred.
General: The Customer must ensure that any representation or promise made before or at the time of the Agreement, is added in writing and signed by the Customer and the Company’s Representative. It is therefore agreed that no terms or representation, written or oral, shall apply to the Agreement other than those contained within it.
Status Check: The Company reserves the right to make credit and other similar enquiries in respect of our customers before installation takes place. If these enquiries show that there is a significant risk of payment not being made, then the Company reserves the right to ask for payment of the full contract price before manufacturing takes place and before any work is carried out. If, in these circumstances, the Customer refuses to pay in full then the contract may be cancelled. The Customer’s deposit will be repaid in full, but the Company has no further liability.