TERMS AND CONDITIONS
TERMS AND CONDITIONS OF SALE TO CONSUMERS (DOMESTIC INSTALLATION) YOUR ATTENTION IS DRAWN IN PARTICULAR TO YOUR RIGHT TO CANCEL (CLAUSE 2, 4) PAYMENT TERMS (CLAUSE 5), PROTECTING YOUR POSSESIONS (CLAUSES 10.0, 10.8 & 11.1) AND YOUR STATUTORY RIGHTS (10.15)
1.1 In these conditions:
“Cancellation regulations” means the cancellation of contracts made in the consumer’s home or place of work regulations 2008
“Company” means Suffolk Installers services LTD, a company registered in England and Wales with number 8441691 with the registered office of 7 Jewell View, Kesgrave, Ipswich, IP5 2YA, but trading office is Unit 8, Maitland Rd, Lion Barn Industrial Estate, Needham Market, Suffolk, IP6 8NZ
“Conditions” means the terms and conditions of a sale set out in this document includes any special terms and conditions agreed in writing between the customer and the company.
“Consumer” has the same meaning as in the cancellation regulations.
“Contract” means the contract between the company and the customer for the purchase and the sale of the goods and/or the supply of the services, incorporating these conditions and the quotation.
“Customer” means the person who purchases the goods and/or services from the company as detailed overleaf
“Goods” means the goods (including any installment of the goods or any parts of them) which the company is to supply in accordance with the contract, and any replacements supplied under clause 10.
“Property” means the address stipulated in the contract for delivery of the goods to the customer and/or supply of the services to the customer as specified overleaf.
“Quotation” means the quotation issued by the company to the customer in connection with the supply of goods and/or services.
“Services” means those services to be carried out by the company in accordance with the company.
“Specification” means the price, quantity, quality and/or description of Goods agreed to be supplied and/or services agreed to be performed by the company as set out in the Quotation.
1.2 In these conditions references to any statue or statutory provision shall, unless the context otherwise requires , be construed as a reference to that statue or statutory provision as from time to time amended , consolidated , modified , extended , re-enacted or replaced.
2. The Contract
2.1 The company or an agent on behalf of the company has carried out a survey of the property and shall sell the goods and services and the customer shall purchase the goods and services in accordance with the contract. These conditions shall govern the contract between the company and the customer to the exclusion of any other terms and conditions.
2.2 No variation to these conditions and/or the contract shall be binding unless agreed in writing by an authorized representative of the company.
2.3 A quotation is given on the basis that no contract will come into existence until the company accepts the quotation, as specified at clause 3.1 below. Any quotation is valid for a period of 28 days only from its date, provided that the company has previously withdrawn it.
2.4 Where the customer is a consumer, and the cancellation regulations apply to the contract, he/she has the right to cancel the contract in accordance with the provision of the cancellation regulations. Details of this are set out in the NOTICE OF THE RIGHT TO CANCEL, which forms part of documentation the customers is given.
2.5 If the customer cancels the contract other than in the accordance with the provisions of the cancellation regulations then unless the company is in breach of contract, the customer must pay any reasonable losses and costs the company suffers because of the cancellation, including loss of profit. Any cancellation by the customer must be in durable format.
3. Quotations and Specifications
3.1 A quotation shall be deemed to be accepted by the company when the customer signs the quotations.
3.2 The company reserves any right to make any changes to the specifications which are required to conform with any legal requirements or to safely install the goods and carry out the services, or to reflect essential changes in technical specification arising after initial survey; in such circumstances, the price of the goods and services may increase.
3.3 Subject to clause 3.5 any amendments the customer may require to the quotation or the specification will result in the company providing a revised quotation which will be deemed to be accepted by the company in accordance with clause 3.1.
3.4 Save as provided in the cancellation regulations no quotation which has been accepted by the company may be cancelled or varied by the customer except with the agreement in writing of the company.
3.5 The company may ask the customer to pay a deposit at time of acceptance of the quotation in accordance with clause 3.1
4. Price of the goods/and or services
4.1 Subject to clause 3.2 above and clause 4.5 below the price of the goods and or services shall be the price set out in the quotation.
4.2 Either party has the right to end this contract without penalty within seven days of signing it. The cancellation must be in writing. The company will refund any deposit you have paid in the circumstances.
4.3 If the company is unable to complete the contract due to fault of the customer, the customer shall pay for the goods and services that have been provided and/or supplied up to the date that the company ceases to carry out work
4.4 The company reserves the right to cease supplying goods and/or services if, in its reasonable opinion to carry out on would endanger or damage life. In such circumstances the customer shall pay for the goods and services that have been provided and/or supplied up to the date that the company ceases to carry out work.
4.5 All prices quoted and/or invoiced by the company are inclusive of Value Added Tax, unless otherwise stated.
5. Terms of payment
5.1 The company shall invoice the customer for the price of the goods/or the services at the time of delivery of the goods and/or part-way through performance of the services and/or upon completion. Where the company exercises any rights to cancel or terminate the contract early or to suspend or cease the provision of Goods and/or services in accordance with these conditions, then it shall be entitled to invoice the customer for the price of any Goods delivered and/or services performed at any time on or after such cancellation, termination, suspension or cessation. Ownership of the Goods shall not pass to the customer until the company has received payment in full (In cash or cleared funds) for the Goods.
5.2 Unless otherwise set out in writing by the company, the company invoice Is payable by the customers immediately.
5.3 The time of the payment of any sum payable by the customer shall be of the essence of the contract. This means that failure to pay on time may entitle the company to terminate the contract and claim damages. Receipts for payment will be issued only upon request.
5.4 If the customer fails to make any payment (which is not the subject of a genuine dispute of which the customer has notified the company) on the due date then without prejudice to any other right or remedy available to the company, the company shall be entitled to:
5.4.1 Cancel the contract or suspend any further deliveries to the customer and/or performance of any services under the contract or any other contract between the customer and the company.
5.4.2 Charge the customer interest both before and after any judgment on the amount unpaid at the rate of 4% per annum above Barclays Bank Plc base rate from time to until payment in full is made (a part of a month being treated a full month for the purpose of calculating interest).
6. Delivery and access
6.1 Unless otherwise agreed by the parties, delivery of the goods and performance of the services shall be made at the property upon such date or dates agreed between the company and customer. The customer will do all it reasonably can to meet such times and dates as agreed between the parties.
6.2 Unless otherwise agreed by the company in writing, any time and dates stated for performance and/or delivery are estimates only therefore neither party may terminate the contract on the grounds that the times or dates stated for performance and/or delivery were not complied with. The company will do all it reasonably can to meet times and dates.
6.3 If the customer without reasonable excuse fails to allow delivery of goods then the company may (without prejudice to its other rights and remedies):
6.3.1 Store the goods until actual delivery and charge the customer for the reasonable costs(including insurance) of the storage and rearranging delivery ;or
6.3.2 Sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the customer for the excess over the price under the contract or charge the customer for any shortfall below the price under the contract.
6.4 The customer is reasonable for:
6.4.1 Providing a safe means of access from the public highway to the property;
6.4.2 Preparing the location within the property to enable the company to carry out the services;
6.4.3 Clearing all belongings of the customer to enable the company to carry out the services and install the goods;
6.4.4 Allowing the company, it employees, agent and representatives reasonable access to the location within the property where the services are to be carried out;
6.5 The company will be entitled to refuse to deliver the goods and/or carry out the services without liability to the customer if the customer fails to comply with its obligations under clause 6.4 above.
7. Insolvency of customer
7.1 If the customer has a bankruptcy order made against him or any proceedings are commenced relating to the insolvency of the customer, or suffers or allows any execution, whether legal or equitable, to be levied on its property or obtained against it or is unable to pay its debts within the meaning of section 123 insolvency act 1986; the company shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the customer and if the goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
7.2 The company shall be entitled to exercise its rights under clause 7.1 if it reasonably believes that any of the events set out therein is about to occur in relation to the customer and notifies the customer accordingly.
8. Progress and inspection
8.1 At the end of the works the customer will be invited to inspect and will asked to acknowledge conclusion in writing by signing completion form.
9. Property and risk in the goods
9.1 The property in the goods passes to the customer when the goods are delivered to the property and from this point onwards, the customer is responsible for the goods and should make sure that they are adequately insured against any damage or loss that may occur to the goods.
9.2 The customer’s rights to possession of the goods shall terminate immediately if any of the circumstances set out in clause 7.1 shall apply.
9.3 The company reserves the rights to take legal proceedings to recover the goods or their value
9.4 On termination of the contract clause 9 will remain in effect.
10. Warranties and limitation of liability
10.1 The company shall be under no liability in respect of any defect in or damage to the goods arising from fair wear and tear, neglect, fire or smoke damage, weather, accidental damage, wilful damage or negligence or any other default of the customer. Where damage is deemed to be caused by negligence of the company, the company shall, following inspection of the goods, as it option repair or replace the goods.
10.2 The company shall be under no liability for any damage that the company, its employees or agents cause to the customers belongings where the customer fails to move the same pursuant to clause 6.4.3 or 10.8.
10.3 The company will not be responsible in any circumstances for the losses that were actually unforeseeable at the time when the contract was formed, for losses not caused by the company’s breach of the contract, or for any business losses.
10.4 The company will have no liability to the customer for any failure or delay in providing the goods or services where this is due to the default of the customer, including without limitation, a breach by the customer of clause 6.
10.5 Unless the company is negligent, the company shall not be liable to the customer for any losses to any property (whether the customer’s or some other person’s) or to the customer or any third party caused by the goods or their use, where such damage results from a design fault.
10.6 Unless the company is negligent, the company shall not be liable to the customer for any damage to any of the pipes at the property which occurs during the performance of the services, where such damage is attributable to the age or the condition of the said pipes.
10.7 The company shall not be liable to the customer for any losses associated with pre-existing defects in wiring at the property, for example where wiring does not comply with any regulations applying to domestic premises in force at the date of performance of the services.
10.8 Where the company is drilling into the walls of the property you will be asked to remove delicate items and ornaments from both sides of the wall being drilled to prevent any damaged caused by vibration generated. The company is not liable for damage caused if the customer fails to move ornaments and delicate items in this way. The company will fill the holes drilled with mortar that closely matches the colour used in the wall but cannot guarantee an exact match, particularly on rendered finishes.
10.9 The company warrants that (subject to the other provision of these conditions) upon delivery, and the period of 12 months from the date of delivery, the goods shall be of satisfactory quality within the meaning of the supply of goods and services act 1982; and be reasonably fit for purpose for which they were purchased and installed.
10.10 The customer shall give written notice of any defects as soon as reasonably practical after the defect is discovered and should allow the company a reasonable opportunity after receiving the notice of examining such goods.
10.11 The company shall not be liable for any breach of any use of the warranties in clause 10.9 if the defect arises because the customer failed to follow the company’s oral or written instructions as to the storage, instillation, commissioning, use or maintenance of the goods or (if there are none) good trade practice; or the customer alters or repairs such goods without the written consent of the company.
10.12 Subject to clause 10.10 and 10.11, if any of the goods do not conform with any of the warranties in clause 10.9 the company shall as its option repair or replace such goods.
10.13 All repairs must be approved by the company.
10.14 These conditions shall not affect the customer’s statutory rights as a consumer. For further information see Trading Standards Department or Citizen Advice Bureau.
10.15 Nothing in this condition limits or excludes, or is intended to limit or exclude the company’s liability for death or personal injury caused by its negligence or for fraudulent misrepresentation.
10.16 the company shall not be liable to the customers or be deemed to be in breach of the contract by reason of any delay in performing , or any failure to perform, any of the its obligations in relation to the goods or services. If the delay or failure was due to any cause beyond reasonable control of the company, the company will contact the customer and attempt to agree an alternate date. Without prejudice of the generality of the foregoing, the following shall be regarded as causes beyond the company’s reasonable control: act of god, explosion, flood, tempest, fire, or accident; war or threat of war sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws , prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes ( whether involving employees of the company or the third part) ; difficulties in obtaining raw materials, labour , fuel, parts or machinery; power failure or breakdown in machinery ; withdrawal or variation of any funding ( including without limitation any grants or subsidies) providing by a third party to the company or the customer towards the cost of provision of any goods and/or services.
10.17 subject to the foregoing provisions of this clause 10 the company’s total liability in contract, tort, (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to £50,000.00.
11.1 before commencement of the services, the company shall inform (if not already informed at the point of the survey) the customer of any works to the property which could result in damage to the property or damage to items in the property, for which the company will not be liable such as the items referred to in clause 10.2, 10.6, 10.7, 10.8, the damage the customer shall sign a form of consent to agree to this.
11.2 Should the property have an existing defect that is not apparent at survey stage, including but not limited to damage caused by hidden or corroded pipes or wiring damages caused by appliance fault (either in operation or design), that defect is not covered under any warranty/guarantee provided by the company.
12.1 Any guarantees issued by the company shall be for the benefit of the customer and al subsequent owners of the property and shall be valid for the period as stated in the guarantee.
12.2 Where the company is providing cavity wall insulation under the contract, on completion of the contract the company shall apply for guarantee from the cavity wall insulation guarantee agency (CIGA Guarantee) which will usually be available between 8 and 12 weeks from completion of the contract. The customer acknowledges that the CIGA Guarantee is provided by a party independent of the company and is separate to any guarantee offered by the company.
13. Data Protection
13.1 Information that the company may acquire about the customer whether in accordance with the contract or otherwise may be used by the company, its employees or agents to.
13.1.1 Identify the customer during any communication between the company and the customer;
13.1.2 Assist in the administration of accounts, services or products provided by the company or any associated company to the customer throughout this agreement and following termination;
13.1.3 Assist in detecting fraud or loss; and
13.1.4 Write to or telephone the customer with information about other services or products provided by the company or any associated company. The company shall not contact the customer in this way unless the customer has consented.
14.1 Any notice required to permitted to be given by either party to the other under these conditions shall be in a durable format addressed in the case of a notice to the company to such address as the company may not notify to the customer and in the case of a notice to the customer to such address as the customer may have notified to the company.
14.2 No waiver by the company of any breach of the contract by the customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.3 If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provisions in question shall not be affected.
15.1 The contract and these conditions shall be governed by the laws of England and any disputes shall be referred to English Courts.