Terms of Agreement
1.Basis of the agreement.
1.1 The supplier agrees to supply the goods and provide the services to the customer and the customer agrees to pay the price given in accordance with the agreement.
1.2 Acceptance of the delivery, installation of goods or provision of the services shall be deemed conclusive evidence of the customer’s recognition of the agreement.
1.3 Any variation of these terms (including any agreed between the parties) shall be inapplicable unless agreed in writing.
1.4 Following completion of the works, the customer proceeds to follow any instructions from the supplier regarding how to use and maintain the goods.
1.5 The customer warrants that he owns the premises at which the services will occur and is entitled to commission the services without the consent of a third party under any restriction.
2.1 The price will comprise of:-
– A labour charge; based on a rate chargeable for both full and part completed man hours spent on -completing the works, unless otherwise agreed in writing.
– A materials charge for goods used or fitted.
– Such other charges as are provided by the agreement.
2.2 The supplier may apply an hourly charge to travelling time where further goods are required during the performance of the services, which is limited to 1 hour. The charge will be applied from the point of attendance at the customer’s premises, it applies to diagnosis of faults as well as the provision of services even if the customer does not proceed to instruct the supplier to provide any services after diagnosis.
2.3 The supplier will require the customer to pay part of the price in advance by way of a deposit. The price does include VAT. Please note deposits are non-refundable.
2.4 All sums under the agreement will be paid by the customer without deduction, set-off, counterclaim or abatement and time for payment shall be of the essence.
2.5 The customer, before completion of the works, will pay the price in cleared funds or by a payment method which is guaranteed. If the customer proffers a non-guaranteed method, the supplier may add a 2% administration fee to the price.
2.6 The supplier reserves the right to seek third party authorisation of the customer’s payment and refuse to accept such payment method with entire discretion.
2.7 If the customer fails to make payment when it falls due, the supplier may take the following steps:-
– Not proceed with the completion of all services agreed.
– Charge the customer interest on the amount unpaid at the rate of 4% per annum until payment is made in full.
– Charge the customer for all reasonable expenses incurred by the supplier in the collection of the overdue amount.
2.8 Where payment is being made by cheque or other method (including bank transfers), payment should not be treated as having been received until it has been honoured on presentation for payment.
2.9 Any goods supplied under this agreement shall be at the customers risk as from the delivery to the customer’s premises and the customer will be responsible for insuring the goods from the time risk passes.
2.10 The goods shall be installed at the customers address recorded in this agreement.
2.11 The supplier makes no representation as to the precise timing of the provision of any goods or services. Any timescales discussed will be treated as targets only and time will not be of the essence.
2.12 The supplier will not be held responsible for delay caused by factors beyond its control, including failure of the customer to comply.
2.13 Legal title in the good shall not pass from the supplier to the customer until the price has been paid in full.
3.Acceptance, Defects and Guarantee
3.1 The supplier/fitter reserves the right to take photographs of the customers facilities which are relevant to this agreement regarding any defects.
3.2 Within 48 hours of completion of all works, and installation of goods under this agreement the customer will notify the supplier of any fault or defect in the goods or workmanship.
3.3 If no such notification is received, the works will be deemed as accepted fully by the customer and will not then be entitled to reject them outright.
3.4 The supplier will use his best endeavours to correct any defect arising under normal use that has come about solely due to faulty design.
3.5 The supplier’s obligations to defective goods shall not exceed the extent of any manufacturer’s guarantee provided to the supplier from the manufacturer or the suppliers own supplier. If such manufacturers guarantee exceeds that provided, the supplier will pass on that benefit to the customer.
3.6 We apply an ‘R&R policy’ (replace not refund) to all works, this ensures that we will fulfil our contract at our own cost, this may be replacement material and/or additional labour but we will not be in a position to refund or part-refund when the finished item is as ordered. As in point 3.2 if you have reported a defect within 48hrs we will be arranging with you to replace the affected material.
4.Misuse Of The Goods By The Customer
4.1 Misuse of the goods involves failure to follow the supplier’s advice as to how to use and maintain goods, or any modification made by the customer or a third party without any prior written consent from the supplier.
4.2 The supplier shall not be held responsible for any defects in the goods or services which are not notified to him within the guarantee period, nor for any defects which were notified to him but not in accordance with the time limit set out above, nor for any defects which are the fault of the customer or a third party.
4.3 The supplier shall not be liable under this agreement for any indirect or consequential loss, damage, cost or expense of any kind, however caused, without limitation of any loss of income or profits.
4.4 The supplier shall not be liable for any change to the specification of the goods.
4.5 The supplier does not provide qualified telephone advice and does not accept liability for advice which the customer may claim to have received by telephone.
5.1 Neither party shall be held liable for any delay in performing, or failing to perform, any of its obligations under this agreement due to any major event including any act of God, war, terrorism, strike, lock-out, industrial action, fire, drought, tempest or any other event beyond the reasonable control of either party.
5.2 We will not be in a position to refund or part-refund any works or product for anything out of our control. For example if our customer has to take time off work for replacement material, we will organise a day and time to suit and will replace the affected material but will not provide compensation for this, as per point 3.6
5.3 This agreement is the complete and exclusive statement of the agreement between the parties relating to subject matter and supersedes all previous communications, representations and other arrangements written or not.
5.4 This clause and any guarantee contained in this agreement do not affect the statutory rights of the customer as a consumer.
Updated 01/05/16, Reviewed 01/05/17