Terms and conditions
THE TERMS AND CONDITIONS BELOW SHALL APPLY TO THE PROPOSAL GIVEN AND ANY SUBSEQUENT CONTRACT BETWEEN US FOR THE SUPPLY OF THE SERVICES DETAILED IN THE PROPOSAL. PLEASE READ CAREFULLY. THESE TERMS AND CONDITIONS WILL NOT AFFECT ANY STATUTORY RIGHTS WHICH YOU MAY BE ENTITLED TO FROM TIME TO TIME AND WHICH BY LAW CANNOT BE VARIED OR EXCLUDED.
- Formation of a Contract
1.1 The proposal given on or attached to these Terms and Conditions will only remain valid for a period of 30 days.
1.2 Acknowledgment and acceptance of this proposal is made by you placing an order within the specified period in paragraph 1.1 above, at which time you will be bound by these Terms and Conditions Terms and Conditions. Each proposal accepted shall constitute an individual legally binding contract between you and us. Such contract is hereinafter referred to in these Terms and Conditions as “an order”.
1.3 No addition, alteration, substitution or waiver of these Terms and Conditions will be valid unless expressly accepted in writing by us or a person authorised to sign on our behalf.
1.4 Nothing in these Terms and Conditions shall prejudice any condition or warranty expressed or implied, or any legal remedy to which we may be entitled in relation to the goods / and or the work the subject of this order.
1.5 These Terms & Conditions are specifically written in accordance with the Consumer Rights Act 2015. Should these Terms & Conditions conflict with the Act, the Consumer Rights Act 2015 shall prevail and apply.
1.6 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights.
1.7 These Terms and Conditions shall be construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English courts.
- Our Responsibility
2.1 We will ensure that all materials supplied comply with safe building practices and are free from defects and that any work carried out is carried out with reasonable care and skill and to a reasonable standard.
2.2 Before starting any work we will carry out an inspection to make sure that all work quoted is appropriate and practicable.
2.3 If after our inspection any further work is necessary either because of alterations in design, specification or otherwise and this causes an increase in costs we will send you a further proposal giving details of the extra costs and will only proceed with the works once your written acceptance has been received.
2.4 Subject to paragraphs 2.2 and 2.3 we will carry out the work in accordance with our proposal.
2.5 We will make good any damage caused whilst carrying out the work.
- Your Responsibility
3.1 You will permit us during normal working hours to carry out an inspection and thereafter to undertake the works according to the programme set out in the proposal.
3.2 You will remove all items necessary to allow us to commence the works and cover and protect all fixtures and fittings, which cannot be removed.
3.3 You will obtain all permissions and consents, (including if necessary planning permission) from landlords, local authorities and others, which are required before the work can commence.
3.4 Where you are required to provide us with measurements or other information such measurements or information must be correct. If we rely on the measurements or information given when preparing our proposal and such measurements or information are incorrect we reserve the right to increase the price to make good any errors or additional works required as a result.
- Type(s) of Work Undertaken
We will carry out all types of work associated with the Proposal.
5.1 On acceptance of the proposal in accordance with paragraph 1.2 the deposit specified in the proposal shall be payable. The balance of the order price will be due upon satisfactory completion of the work.
5.2 If you fail to pay the order price within 30 days of it becoming due interest shall be chargeable on the outstanding amounts at a daily rate of 4 per cent per annum above the then base lending rate of the Bank of England from the date the payment was due until actual date of payment.
5.3 Should you cancel your order after the period specified in clause 12 below your deposit may not be repayable.
- Force Majeure
6.1 We shall not be liable for delay or failure to perform any of our obligations under this order if the delay or failure is caused by any circumstances beyond our reasonable control.
6.2 For the purposes of this condition, “force majeure” shall include, but not be limited to acts of God, war, terrorism, civil disorder, industrial dispute, fire or explosions.
6.3 Upon the happening of a “force majeure” event we shall be entitled to a reasonable extension of time for the performance of our obligations.
We do not provide additional guarantees.
8.1 We do not exclude liability for death or personal injury, however we shall not be liable for any direct loss or damage suffered by you howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise in excess of X amount.
8.2 We shall not under any circumstances be liable for any indirect or consequential loss howsoever caused whether by negligence, breach of contract, misrepresentation or otherwise.
8.3 We or our insurers shall not be liable or investigate any claim for loss unless you have given written notice to us within 21 days of the occurrence and given us or our insurers every facility to investigate such occurrence.
We aim to provide a high level of service. If you do have an enquiry or complaint regarding the services provided by us please address them to firstname.lastname@example.org.
- Defects and Delays
10.1 The Supplier will not be responsible for defective Products and/or Services where caused by the negligence or poor workmanship of third party contractors not employed by the Supplier.
10.2 Where the Supplier has completed the Works and the Customer is unhappy with the results the Customer shall inform the Supplier and allow the Supplier up to 30 working days to further correct and complete the Works.
10.3 Where the Supplier is still unable to satisfactorily complete the Works the Customer shall be entitled to a partial refund or reduction as fair compensation for the incomplete Works.
10.4 Where the Supplier is late completing the Works and it can be shown that this is directly due to the actions (or inactions) of the Supplier the Customer shall be entitled to a partial refund or reduction to fairly compensate for the delay.
11.1 Where the parties to this Agreement are in dispute for a period of more than 30 days and cannot resolve the dispute either party may refer the dispute to arbitration as detailed below.
11.2 The parties to this Agreement agree that an agreed party shall act as Arbitrator in the event of an unresolved dispute being referred to them.
11.3 The party referring the dispute to the Arbitrator shall inform the other party in writing at the same time as referring the dispute.
11.4 Both parties will continue to operate and honour the terms of this Agreement while the arbitration process is ongoing.
11.5 The decision of the Arbitrator is final and binding on the parties unless the decision is overruled in further arbitration or in a court of law.
11.6 The Arbitrator will also decide on the arbitration costs to be borne by the parties.
- Cancellation and Cooling Off Period
12.1 In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (and any other relevant legislation). Where this Agreement is concluded at the Customer’s home or office (either as a result of a solicited or unsolicited visit by the Supplier) the Customer has an initial minimum statutory 14 days “cooling off” period. This allows the Customer 14 days in which to change their mind and cancel the Order.
12.2 Subject to paragraph 12.1 above the “cooling off “period for the purposes of this Agreement is 14 days.
12.3 Furthermore for the purposes of this Agreement the Customer may cancel the Order within the “cooling off” period where the Agreement is concluded at a place other than the Customer’s home or office, such as the Supplier’s office.
12.4 The “cooling off” period runs from receipt of this Agreement by the Customer.
12.5 Notice of cancellation by the Customer must be given to the Supplier in writing.
12.6 The Supplier reserves the right to retain monies or seek payment for all reasonable costs incurred in respect of the Order where the Customer has specifically requested in writing that goods or services be supplied within the initial “cooling off” period.
12.7 The Supplier will not supply any goods or services during the initial cooling off period unless a specific written request is received from the Customer to do so.
12.8 If the Customer seeks to cancel the Order outside the cooling off period stated in paragraph 12.2 above the Supplier reserves the right to retain any monies paid by the Customer to cover all reasonable expenses incurred by the Supplier.
12.9 If such retained monies do not cover the reasonable expenses incurred by the Supplier the Supplier reserves the right to seek additional payment from the Customer to cover these reasonable expenses.