Terms and Conditions

1. Definitions and the contract

1. 1.1

   Client means the person or organisation who accepts our quotation.

2. 1.2

   Works means the goods, installation and services described in our quotation or proposal.

3. 1.3

   Completion means the date the Works are installed, commissioned and demonstrated to the Client in working order.

4. 1.4

   A contract is formed when the Client accepts our quotation in writing (including by email) and pays the deposit.

5. 1.5

   These terms, together with our quotation, form the whole agreement. Any change must be agreed in writing by both parties.

6. 1.6

   Variations requested by the Client after acceptance may change the price and the completion date. We will confirm both in writing before carrying out the variation.

2. Quotations and payment

1. 2.1

   Quotations are valid for 30 days from the date issued unless stated otherwise.

2. 2.2

   A deposit of 50% of the contract price is payable on acceptance. We will not order materials or begin manufacture until the deposit is received.

3. 2.3

   The remaining 50% balance is payable on Completion, on the day the Works are demonstrated in working order.

4. 2.4

   Payment is by bank transfer to the account shown on our invoice. Prices include VAT where stated on the quotation.

5. 2.5

   If the balance is not paid when due, we may charge interest on the overdue amount and recover reasonable collection costs. We may also suspend any warranty support until payment is made in full.

6. 2.6

   Where Completion is delayed by the Client (for example, the site is not ready), we may invoice for work completed and materials supplied to date.

3. Lead times and delays

1. 3.1

   Our usual lead time is approximately 8 weeks from receipt of the deposit. Any date we give is an estimate, not a guaranteed date, unless agreed otherwise in writing.

2. 3.2

   We are not liable for delay caused by events outside our reasonable control. These include severe or unsuitable weather, natural disasters, fire, flood, pandemic, supplier or manufacturer delays, shortages of materials, transport disruption, strikes and acts of government.

3. 3.3

   Installation may be postponed where weather makes the work unsafe or would affect the quality of the finish, such as heavy rain, frost or high winds.

4. 3.4

   If a delay occurs, we will tell the Client as soon as reasonably possible and agree a revised date.

4. Client responsibilities

The Client must provide, free of charge and for the full duration of the Works:

1. 4.1

   Access to a suitable 240V mains power supply and a water supply.

2. 4.2

   Uninterrupted access to the site and working area during agreed working hours, including clear access for our vehicles and equipment.

3. 4.3

   A working area free of vehicles, obstructions and stored items.

4. 4.4

   Accurate information about the location of underground services, drains and cables. We are not responsible for damage to services that were not disclosed to us.

5. 4.5

   Any planning permission, landlord or neighbour consent needed for the Works, unless our quotation says we will obtain it.

If we cannot carry out the Works because these are not in place, we may charge for wasted visits and reschedule the installation.

5. Waste disposal

1. 5.1

   Disposal of waste is the Client's responsibility unless waste removal is included in our proposal. Waste includes old gates, packaging, spoil from excavation, and old or removed equipment.

2. 5.2

   Where waste removal is not included, we will leave waste neatly in an agreed area of the site.

3. 5.3

   Waste removal can be added to the contract at an additional cost, quoted before the Works begin.

6. Guarantees and warranties

1. 6.1

   Labour guarantee. For 12 months from Completion, we will put right any defect caused by our workmanship free of charge.

2. 6.2

   Automation warranty. All automation equipment we supply carries a 4-year warranty against manufacturing defects. To keep this warranty valid, the system must have an annual service, with records available on request. Servicing is chargeable and is not included in the contract price unless stated.

3. 6.3

   The guarantees do not cover damage caused by accidents, vehicle impact, misuse, vandalism, flooding, lightning, power surges, pests, alterations by others, or failure to follow our operating instructions.

4. 6.4

   Consumable items such as remote control batteries and bulbs are not covered.

5. 6.5

   Warranty claims must be reported to us promptly. We will inspect and repair or replace the faulty item at our discretion.

7. Faulty components at Completion

1. 7.1

   Occasionally a manufacturer's component is found to be faulty at installation, and a replacement must be ordered before the Works can be fully completed.

2. 7.2

   Where this happens, the Client may withhold no more than 5% of the remaining balance until the replacement component is fitted. The rest of the balance is payable on the day the Works are otherwise complete.

3. 7.3

   We will order the replacement promptly and fit it as soon as it arrives. The withheld 5% is payable on the day the replacement is fitted and the system is working.

8. Cancellation, ownership and liability

1. 8.1

   Cancellation. Consumers have a 14-day right to cancel contracts made away from our premises or at a distance. Gates made to the Client's own specification are bespoke, so the right to cancel may not apply to them once manufacture begins. If the Client asks us to start work within the 14 days and then cancels, the Client must pay for work done and materials ordered up to that point.

2. 8.2

   Cancellation after 14 days. If the Client cancels after the cancellation period, we may keep from the deposit our reasonable costs incurred, including bespoke materials ordered and work carried out.

3. 8.3

   Ownership. All goods remain our property until paid for in full. Until then, we may remove unpaid goods from site after giving reasonable notice.

4. 8.4

   Liability. We are not liable for indirect or consequential loss. Our total liability under the contract is limited to the contract price. Nothing in these terms limits liability for death or personal injury caused by our negligence, or for fraud.

5. 8.5

   Safety. Automated gates must be used in line with our operating and safety instructions. The Client must not disable or bypass safety devices.

6. 8.6

   Statutory rights. These terms do not affect the Client's statutory rights as a consumer, including under the Consumer Rights Act 2015.

7. 8.7

   Governing law. These terms are governed by the law of Scotland, and the courts of Scotland have exclusive jurisdiction.

Contact

Questions about these terms can be sent to Rhino Gates, Glenlark, Lower Bathville, Armadale, West Lothian, EH48 2JS, or by telephone on 07345 315715.