Terms and Conditions

Charnwood Gates Automation Limited (“the Company”) provides its services for its customers on the following Terms and Conditions (“Terms”).

We recommend that you read through these Terms before agreeing to any quotation or service agreement.

  1. Definitions

The meaning of some words used in these Terms:

“we”, “us” or “our” is a reference to Charnwood Gates Automation Limited;

“you”  or “your”  is a reference to the customer we are providing our Services to and who is required to pay for the Services we provide and the Goods we supply or procure on their behalf;


“Goods” means any bespoke or non-bespoke gates, barriers and associated goods we have agreed to supply and/or procure for you and which you will pay for;


“Materials” means any materials, goods, parts or items we need to buy necessarily in order to perform the Services but not including the Goods we will be supplying or procuring for you;


“Premises” means the place where we will provide the Services;


“Services” means the site assessment, planning, product recommendations, design assistance, programming and installation of electric gates including but not limited to swing gates, sliding gates and barrier arms and servicing, maintenance, repair or related services we provide including the supply or procurement of Goods at your Premises.  The precise scope of the Services and associated costs will be as per the quotation or as we agree from time to time.


  1. Contract


By engaging with our Services, you agree to abide by these Terms and it forms a Contract between us.


  1. Payment


Pricing for our Services will be based on the scope of work, the complexity of the project, the Materials required and any Goods to be procured or supplied.


We will provide a quotation or service agreement for the agreed Services which will be for a fixed price (subject to the clause below with regard to changes to the quotation).  Any quotation for fees or costs will remain open for acceptance for a period of 30 days inclusive.


We will require a payment of a deposit not least to cover the cost of Goods and other Materials needed to fulfil the Services.  We will not commence any work or order any Goods until the quotation or service agreement has been accepted by you and you have paid us the required deposit.


We reserve the right to adjust the fees charged in exceptional circumstances such as where:


  • you require us to make changes or alterations to the Services or Goods you require us to provide or the amount of work is different to what we and you agreed before we started performing the Services and as stated in the quotation or service agreement, and/or


  • when we start performing the Services, it becomes apparent that that the level of work or Goods to be supplied is substantially different to what we agreed before we started performing the Services and which could not be reasonably foreseen beforehand.


If you need to make changes or alterations to the Services or Goods that you have ordered or which we have agreed, you need to contact us as soon as practically possible and we will advise if the change can be agreed or accommodated.  We cannot guarantee that all changes and alterations can be accommodated but will try to facilitate your requirements where reasonable and practicable.  Where relevant, we will advise you of any changes to the fees or costs which you have to pay for as well as any other timing or other factors which may result from the change or alteration.


We will agree with you whether any interim bills will be issued and when they will become due.


You will be required to pay the balance of all fees and costs due on completion of the Services, unless otherwise agreed.


All fees and costs shall be subject to VAT at the prevailing rate (currently 20%).


We accept payment by bank transfer, credit/debit card, cash or Cheque.


Payment terms shall be outlined in the quotation, service agreement or invoice but if they are not otherwise specified or agreed in writing, our standard payments terms are to require full settlement of sums due within 14 days.


Where any payment by you is outstanding, we reserve the right to suspend performing the Services and/or to retain Goods until the payment is made.


  1. Goods


Where we agree that Goods are to be supplied or procured as part of the Services, we will require a deposit to be paid and for any balance payment to be made in accordance with the clause above.


Once any Goods are delivered to your Premises, it is your responsibility to look after them.


In order to be able to provide the Services to you at your Premises, you will ensure that:


  • existing systems, wiring, pipes, electricity, gas, walls etc to which Goods are to be connected or added are in good working order and suitable for installation, fitting or configuration and that such connection is permitted, either by the manufacturer, maker or by law, and


  • supplies of utilities such as electricity, water, telephone and internet connections are available and are correctly positioned to enable installation.



  1. Guarantees and Warranties


We use high quality, industry-leading products and materials and adhere to relevant safety standards and regulations.  All Goods will be in accordance with relevant safety requirements and be fit for normal use.  If there is a particular purpose or use for which the Goods will be used this must be discussed with us before the Services are agreed and the Goods are ordered or manufactured.


Subject to the exclusions below, we provide a warranty on parts and labour for a period of 12 months from the date of completion of the Services. Please contact us immediately if any issues occur during the warranty period.


The warranty covers defects in materials and workmanship, but does not cover:


  • damage caused by misuse, accidents or acts of nature,


  • defects relating to timber movement which, in our opinion, have been caused by excessive heat and/or moisture, and/or


  • natural variations in grain and colour that would reasonably be expected of wood, timber or other material of its kind.


The warranty will not apply where:


  • you owe us any money,


  • you have not properly cared for and used the gates or equipment or where you have not followed instructions provided by us,


  • you have not informed us as soon as reasonably practicable after discovering a problem, and/or


  • you have moved items or made alterations without our knowledge and consent.


The warranty is non-transferable and is offered to the original Customer and cannot be passed on if the Premises are sold within the warranty period.


  1. Liability and Insurance


We maintain comprehensive liability insurance to cover damage or injury that may occur during the course of our work.  However, you are responsible for ensuring the Premises are accessible and safe for us to work in.  We will not be held liable for any damage or injury caused by factors outside of our control including pre-existing issues with the Premises, connected utilities or systems or your equipment.


We shall not be liable for any damages or losses incurred by you or a third party arising from the use of Goods or other equipment we install or repair unless such damages are directly attributable to our negligence or wilful conduct.


In order for us to provide the Services at the Premises, you must ensure there are no obstacles or items which could stop or hinder the delivery of Goods or the performance of Services and you allow us to gain access to the Premises at the dates and times we have agreed.


In the majority of cases, we will take our own measurements and be liable for those but, where you have provided us with information, measurements and facts necessary to perform the Services, we will presume that these are accurate and will not accept liability where we reasonably rely on these in order to perform the Services.


You agree to indemnify and hold us harmless from any claims, damages or liabilities arising from your breach of these Terms or your use of the Goods or equipment.


In the event of any loss or damage caused by you relating to your business activities or use of the Premises for commercial purposes then we exclude all liability and in particular exclude all liability for loss of profits or other economic loss arising from a breach of this Contract.


  1. Scheduling and Availability


Our standard operating hours are Monday to Friday 8am to 5pm, excluding public holidays.


Whilst we will endeavour to schedule the Services at a time and date convenient to you and to meet any agreed timetable, this is subject to availability and there are certain situations or events which may occur which are not within our reasonable control and which may cause us to extend the time for delivery or performance of the Services.  Such situations and events could include where Materials or Goods are not delivered on a date and time agreed with a supplier and a suitable replacement or alternative is not available; there are adverse weather conditions; or for some other unforeseen or unavoidable circumstances beyond our control.


If you are not ready to take delivery of any Goods or allow performance of the Services at the date and time that we agree, or the Premises are not ready to allow the Services to be performed, we may, at our discretion, store Goods on your behalf for a reasonable period but reserve the right to charge reasonable charges for storage, transportation and additional insurance required.


  1. Complaints


Should you be in anyway unhappy with our Services or have cause to complain, please contact us as soon as possible.  We maintain a complaints handling procedure which is available on our website or is available by request.


  1. Termination and Cancellation


Either party may terminate the Contract between us at any time, by providing 14 days written notice.


In the event of termination by you, you will be responsible for paying us:


  • the cost of Services already completed,
  • the cost of Goods which have already been ordered, procured or manufactured and which cannot be cancelled without charge or liability, and
  • reasonable compensation for net costs we have incurred or will incur as a result of your cancelling the Contract such as design costs, project management costs and the costs of the purchase of Materials specifically for the purposes of performing the Services.


These costs will be deducted from any deposit paid (with the remainder being refunded to you) or, where the costs exceed the amount of the deposit, will be charged and payable according to our standard payment terms.


This does not affect your statutory rights and/or your contractual rights under the warranty or where we are at fault, as otherwise provided in these Terms.


  1. Force Majeure


Neither party shall be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, or terrorism.


  1. Data Protection


In order to provide Services to you, we will hold and process your personal data.  We may have to share some or all of your information with other third parties but in doing so we will always take care to ensure that your information remains confidential and safe.


Further information about how your information is used, how we maintain the security of our information and how to exercise your rights in relation to your personal data (including all relevant contact details) is set out in our Privacy Notice on our website or is available by request.


  1. Amendments to these Terms


We reserve the right to add, change or amend these Terms where we are required to do so in order to comply with changes in the law or regulation.


Where we are making any amendment, we will provide 14 days prior notice except where the Contract has already been terminated.


  1. Enforcement by Third Parties


For the purposes of the Contracts (Rights of Third Parties) act 1999 this Contract is not intended to, and does not give any person who is not a party to it any right to enforce any of its provisions.


  1. Governing Law


These terms and conditions shall be governed by and construed in accordance with the laws of England & Wales.