TERMS AND CONDITIONS OF BUSINESS (SUPPLY OF GOODS AND SERVICES) BETWEEN A BUSINESS AND CONSUMER
AND IS MADE BETWEEN:
PRESTIGE BATHROOMS & KITCHENS Unit 7-8, 65a Straight Road, Old Windsor, Berks. SL4 2SA AND
1 General
1.1 Any terms or conditions sought to be imposed by either party shall not be incorporated into the Contract and we shall have no effect unless agreed to in writing by the other party.
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 the 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 your 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.
1.3 In the course of the work it will probably be necessary to turn of the water supplies for a period of time. All existing stop cocks or isolating valves must be identified, accessible, and operational. In the event that any of these valves are un-operational, or malfunction then we will not accept liability for any water seepage and or damage caused by the failure of them. We will not accept any responsibilty for any damage caused by leakages that may occur from existing joints on any pipework away from the immediate area of the work space, (or outside the room that we are working in) which could be attributed to movement or disturbance of any pipework that we may have worked on.
1.4 In the course of the work it may be necessary to gain access to your airing cupboard, loft
space, or other areas. In this eventuality these areas must be accessible and clear of any personal belongings. Any boarding in the loft has to be lifted and replaced by you or another person appointed by you.. We will not accept any liability for loss or damage to any personal belongings we may have to move to clear any working areas
1.5 If a new consumer unit, additional RCD unit, or a RCBO is being installed, and when the testing of these or any other electrical circuits that have been altered or added to is carried out, this may identify other areas of the properties electrical circuits that need upgrading, or identify faults in the properties existing electrical circuits. In this instance we will then provide you with a separate costing for this work to be done. All electrical work carried out by us will be tested and certified by an independent electrical contractor (Recognised by the NICEIC or any other regulatory body) and appointed by us when work is complete.
1.6 Unless otherwise stated the fitting cost for any sanitary ware, brassware, pumps, towel rails, radiators, and any other piece of equipment that requires plumbing to and or connecting to existing pipework includes up to one metre of new hot / cold / waste pipe work. Any new pipework in addition to this will be priced separately and itemised on the estimate
2 Prices
2.1 The price for the supply of good and services are set out in our estimate & we shall invoice you for these goods & services as stated therein. Invoiced amounts shall be due and payable upon your receipt of the invoice.
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.
3 RISK
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
You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.
5 Delivery
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 Performance
6.1 We will install the items within a reasonable time.
6.2 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.
6.3 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. 7 Payment
Unless the Agreement provides otherwise, the price for the goods and/or services shall be payable no later
than 48HRS from the date of the relevant invoice. The time stipulated for payment shall be 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 Warranty
8.1 We warrant that as from the date of delivery or the start date of the job as per estimate (whichever is first)
for a period of 12 months (unless stated otherwise) the services as per estimate
(workmanship,plumbing,building, and any other trade necessary to complete the works detailed
in the estimate) will be covered against defects, leaks, bad workmanship and any other fault,
but not against fair ware and tear.
We also warrant that for a period of 12 months all goods supplied (sanitary ware, brassware,
electrical items, and any other goods we supply.) will be covered against defects in
design,construction,or materials. Any additional warranties described in the specification or
estimate document are manufactures warranties only and are subject to individual
manufactures terms and conditions
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 this Agreement has been signed. If you request cancellation at a later date, then unless we are in
breach of contract, we have to 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.
9.2 You cannot cancel this Agreement if the goods you have ordered are non stock items
and have been ordered by us on your behalf.
9.3 If you have received the goods before you cancel this Agreement then [unless, under
clause 9.2, for which you do not have the right to cancel ] you must send the goods back to us
unpacked, to our contact address at your own cost and risk as soon as possible
9.4 once you have notified us that you are cancelling this Agreement, any sum debited to us 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 that 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 account to be re-called to you.
9.5 You will be re-credited for the costs incurred in returning faulty or unsatisfactory goods.
9.6 We reserve the right to cancel the Agreement between us if:
9.6.1
We have insufficient stock to deliver the goods you have ordered;
9.6.2
We do not deliver to your area; or
9.6.3
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. 10 Invalidity
If any part of these terms and conditions in unenforceable (including any provision in which we exclude or liability to
you) the enforceability of any other part of these conditions will not be affected. 11 Liability
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 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 or 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 and 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 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 of a third party. 15 Customer Services
15.1 To protect your own interests please read the conditions carefully before signing them, If you are uncertain as to your rights under them or you want any explanation about them please write or telephone to our customer queries department, at the address and telephone number set out above.
15.2 If you are unhappy with any aspect of our service, please contact Mr. Robert Browne or Mr. Paul Christmas.
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 will be disclosed or passed to third parties to the extent necessary to assist recovery procedures.
OR
Acceptance of the estimate relating to the works we have agreed to carry out in your or any other premises on your behalf will mean these terms & conditions are accepted by you.