Terms and Conditions
Referring to our supply, and where appropriate, fitting of work tops, splash backs, wall coverings, furniture and fittings.
The Goods
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The quantity and description of the Goods shall be as set out in the Quotation. All goods supplied are of the best Commercial Standards, but no guarantee is given or implied against minor imperfections beyond that given by the manufacturer. No responsibility can be accepted by the Company for any damage once the installation/ supply has been completed.
Payment and Price
The full price and the payment terms are provided in the Quotation.
If payment or any part of the payment is not made by the due date, the Company shall be entitled to charge interest on the outstanding amount, (both before and after judgement) at a rate of 5% above the Bank of England Base Rate accruing daily.
The fittings or products installed remain the property of the Company unless paid for in full. The Customer hereby agrees and authorises the Company, its agents or employees to allow access to the property to remove any products installed if payment of the total amount is not made in full when due.
Installation of Services
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The Company performs all work on a pre-determined, pre-scheduled basis requiring a clear understanding of all component locations. The Company will make sure that the specifications for the premises / property are consistent with any design represented in the attached Quotation. At all times, the Company must be informed of the status of the Customer’s installation and should we discover any issues it is part of our job to notify the Customer of any sudden changes that may need to occur.
The Customer will give access to the premises to any member of the Company, its agents, contractors and workmen at all reasonable times so that the Company may complete the installation / supply in accordance with the quotation and the contract.
The Company accepts no responsibility for any damage resulting from structural or other defects in the property at which the installation is carried out but any complaint or claim by the Customer for compensation for any damage or alleged damage by the Company for which it may or may not be liable under these terms and conditions must be made in writing to reach the Company within 7 days of completion of the installation / supply. Time is of the essence and if such complaint or claim is not received within the said period of 7 days the Company will accept no liability whatsoever.
Removal of personal belongings in the premises is the Customer’s responsibility. The Company shall not be liable for any consequential loss.
The Company shall be responsible for the removal of waste materials created by the installation.
Change Order Procedure
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All order changes: product or location modifications must be put in writing. Any design changes may incur a separate design fee. The Customer will be notified in writing if any additional charges need to be applied.
Non Fulfilment
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All quotations are given, contracts entered into and accepted free of all liability for non or late fulfilment caused by circumstances beyond the Company’s control, including acts of God, Government control, fire, accidents, pandemics or other similar causes. In the event of complete non-fulfilment as a result of such circumstances, the Customer shall be entitled to a return of their deposit.
All items that are purchased from the Company are sold on the basis that they are specifically bought to order, and no order can be cancelled or returned for credit without the prior written agreement of the Company.
Property
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The risk in the Goods shall pass to the Customer upon delivery to the Customer’s premises.
Where goods have been delivered to the Customer’s premises and are awaiting installation, risk or loss or damage to the Goods shall be borne by the Customer, but during installation, the risk of damage to the Goods caused by the Company shall be borne by the Company. Damage that is caused to Goods supplied by the Company after installation will be at the risk of the Customer. The Goods remain the property of the Company until payment of the contract price in full has been received. Payment in full shall mean payment for the Goods and for the cost of all materials, labour and installation. Until then the Customer shall: Hold the Goods in a fiduciary capacity as the Company’s Bailee, adequately insure the Goods and upon demand, return the Goods to the Company or allow the Company access to any premises where they may be stored, in order to recover them.
Delivery
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No responsibility whatsoever is accepted by the Company for any delay in delivery or installation unless the Company specially undertakes in writing to guarantee delivery by a specific date under a penalty.
Intellectual Property Rights
All design right, copyright, patent rights and other intellectual property rights in all designs drawings, goods or documents produced or supplied by the Company shall be owned by the Company, even if they have been commissioned by the Customer. Any such rights in any such things produced, supplied or made available by the Customer shall remain the property of the Customer, and the Customer warrants its title to them by the Company, except as expressly disclosed in writing and agrees to indemnify the Company against any claims by third parties in respect of infringement of their intellectual property rights.
Liability
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Except to the extent permitted by law, the Company will not be liable to the Customer for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any negligence or breach of the contract on our part and we shall have no liability to pay any money to the Customer by way of compensation other than to refund to you the Price you have paid to us.
Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit any rights the Customer might have as a consumer under local law or other statutory rights that may not be excluded nor in any way to exclude or limit the Company’s liability to the Customer for any death or personal injury resulting from our negligence.
The Company will assume that all information, measurements and facts that the Customer provides are accurate and true. The Company will not accept liability for any loss or damage where we reasonably perform our services in reliance on these. We will be responsible for any measurements we make or provide.
Law and Jurisdiction
The Contract is subject to English Law.