Terms and Conditions
1.1 Once any work has commenced it is deemed that you have accepted the terms and conditions in this agreement.
1.2 We may, as your agent, directly or through an intermediary ask another contractor (“Third Party Contractor”) to carry out some or all of any work, which you instruct us to carry out for you. We shall pay the reasonable charges of Third Party Contractors on your behalf and recharge them to you with our own fees. We will ensure that the Third Party Contractor fees, which are recharged to you, are in line with the fees we will have quoted to you, had we done the work ourselves. We will take all reasonable care in selecting and instructing a Third Party Contractor.
2.1 The price for the supply of goods and services are set out in your specific estimate. We shall invoice you as outlined in your estimate. Invoiced amounts shall be due and payable once the goods and services have been delivered as per your estimate.
2.2 We shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 1.5% per annum above the base rate of the Bank of England.
2.3 The price of the goods and services includes Value Added Tax, which shall be charged at the applicable rate dependent upon the goods and services provided.
2.4 Any verbal instructions for additional works requested by you or your representative will be charged on a time and materials basis unless you specifically request a new estimate for these works.
2.5 The final invoice will be adjusted to reflect any work outlined in your estimate that was not carried out at your request.
As soon as we have delivered the goods or services, you will be responsible for them and we will not be liable for their loss or destruction. Therefore, you would need to take necessary steps to insure the items. If you delay a delivery, our responsibility for everything other than damage due to our negligence will end on the date we agreed to deliver them.
4. Ownership of the Goods and materials
You will only own the goods and materials once they have been successfully delivered and when we have received cleared payment in full. Goods and materials supplied are not for resale. We reserve the right to remove any goods and materials installed if full payment is not received within 3 months of the due date of the final invoice. Any damage caused will only be rectified at your cost. You agree to provide any access necessary to remove the goods and materials within 1 week of any request.
We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
6.1 If in our opinion it is not reasonably practicable for any reason to carry out any of the work we are instructed to carry out, we shall be entitled to refrain from carrying out or completing such work and will consult with you as to what if any work is to be undertaken. We will, if requested by you, provide a written explanation as to why any work is not considered to be reasonably practicable.
6.2 If the cost to us of carrying out the work is subsequently increased by reason of increases in the cost materials and/or labour and/or any other factor outside our control, then we shall notify you before undertaking any work to which the increase will apply. If you require us to discontinue the work, you shall only be required to pay us for the work already carried out.
Unless the Agreement provides otherwise, the price for the goods and/or services shall be payable no later than 14 (fourteen) days from the date of the relevant invoice. The time stipulated for payment shall be of the essence of the Agreement. Failure to pay within the period specified shall entitle us to write to you upon the expiration of seven days notice, to charge you for costs and expenses incurred in recovering late payments, and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.
8.1 We warrant that as from the date of delivery for a period of 3 (three) months the goods and all their component parts, where applicable, are free from any defects in design, workmanship, construction or materials. Any additional warranties described in the specification document are manufacturers warranty only.
8.2 We warrant that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.
9. Right to Cancel
9.1 We will permit you to cancel this Agreement by sending written notice no later than 7 days after the date on which the deposit has been paid. If you request cancellation at a later date, then unless we are in breach of contract, we have the right to refuse [or] retain all or part of your deposit as a contribution towards any losses or costs we suffer as a result of the cancellation. If you cancel once the work has started we will deduct our costs from your deposit.
9.3 Once you have notified us that you are cancelling this Agreement, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
9.4 We reserve the right to cancel the Agreement between us, if one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
11.1. Except for death or personal injury caused by our negligent acts or omissions we shall only be liable for any loss or damage, which is a reasonably foreseeable consequence of a breach of this Agreement.
11.2 You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach or default in the discharge of your obligations.
11.3 Where we need to carry out work on your premises and/or install equipment, we will not accept liability for the cost of repairing or replacing parts of your existing system which occurs due to faults in your system unless we have been negligent in not realising that such damage may occur or in the way we did the work.
11.4 In the event of our losing or damaging your goods, we will pay for the reasonable costs of the repair or replacement (less wear or tear) of the item or provide you with a full refund if we have been negligent.
11.5 Nothing in this Agreement shall exclude or limit the Company’s liability for death or personal injury resulting from the Company’s negligence or that of its employees, agents or sub-contractors.
12. Governing Law and Jurisdiction
Parties to this Agreement agree to submit to the exclusive jurisdiction of the courts of England and Wales.
13. Entire Agreement
This Agreement, together with the relevant estimate(s), contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written.
14. Third Party Rights
Nothing in this Agreement is intended to, nor shall it, confer any rights on a third party.
15. Customer Services
If you are unhappy with any aspect of our service, please contact us using the Contact Us page. Any complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.
16. Changes to Terms and Conditions of Business
We reserve the right to make minor changes to this agreement from time to time. Any major changes will only be made with your agreement.
17. Data Protection
You consent to the computer storage and processing of your personal data by us in connection with this agreement and to the transmission of this data across the company and its business partners for the purposes of our legitimate interests including statistical analysis, marketing of our services and credit control. If you breach this Agreement, your personal data may be disclosed or passed to third parties to the extent necessary to assist recovery procedures.