Improve My Bathroom – General Terms And Conditions
1. Quotations/Tenders/Orders –
Your quotation/order must be accompanied by sufficient information to enable us to proceed forthwith; otherwise we are at liberty to amend quoted prices to cover any increase in cost / work resultant upon lack of information, amendments or additions (including extras) and time for delivery / completion of work may have to be extended. Placement of your quotation/order in any format constitutes your acceptance of these terms and conditions, not withstanding which no contract shall come into existence between us until your quotation/order is accepted in writing of any form by us.
2. Particulars etc. –
All particulars (if any) submitted by us are approximate only, and all descriptions and illustrations contained in our brochures and other advertising matter are illustrative only, and shall not form part of the contract between us. Further, any written or oral representations made to you prior to contract are hereby excluded from forming part of the contract, unless expressly incorporated therein.
3. Charges –
We reserve the right at any time prior to commencement of works to amend work specifications or details and (where relevant) to substitute equivalent goods or materials or better without liability to you for any loss or expense which you may sustain as a consequence. In such event we will notify you, and you will then be entitled to cancel the contract on payment to us of the amount of loss or expense which we may incur as a result, and upon an indemnity basis.
4. Commencement Of Work –
We will make every effort to begin work on the date given, but will accept no liability for failure to do so unless specifically agreed in writing, and subject to the terms and conditions of any carrier effecting delivery of goods or materials, where relevant. If a date for commencement of works having been specifically agreed with you at premises owned or controlled by you, you fail to provide us with effective, free working and continuous access to a safe working environment on your site then you will be liable to pay to us a sum equating, on an indemnity basis, to all losses and expenses flowing from such failure / delay, including, but not limited to, labour costs, storage costs and costs and fees associated with re-arranging commencement of work.
5. Work –
Any agreement by us to install goods or materials at your premises is on the express condition that we will accept no liability whatsoever in relation to such works of installation howsoever arising and whether or not caused by the negligence of our staff or other contractors. Further, and in any event, the following conditions apply:-
a. Our tender / quote is submitted on the basis that our staff and other contractors will be able to complete their work unhindered and uninterrupted, such that they are afforded free working effective and continuous access to a safe working environment. If additional visits are necessary by reason of delays for which we are not responsible then such will be charged for at our standard rates.
b. Unless specified for we are not responsible for carpentry, electrical works, plumbing, the construction of trenches, floor plates, masonry works or other civil engineering works.
c. We are not responsible for damage to floors, walls, doors or paintwork where such damage results from the moving of goods or materials in a normal fashion.
d. It is your responsibility to tell us of any restrictions of access to the site, including, but not limited to, overhead cables, parking restrictions and road works, and if delay or cancellation results from your failure to tell us, you must pay us the amount of such loss or expense which we may incur as a result, on an indemnity basis.
e. If you request the provision of services or delivery of ancillary goods or materials from another source, we accept no responsibility for any loss or damage resultant from those services or to those goods or materials.
f. It is your responsibility to tell us if any normal services are not available at the installation site, or are available but unusable, and any failure to do so shall result in your paying to us such loss or expense as we may incur on an indemnity basis
6. Terms Of Payment –
Payment in respect of goods or services supplied by us, unless stated differently in our quote or tender, shall be upon the basis of materials cost plus 20% of the price being payable on the confirmation of your quote/order, and the balance immediately following completion of work; and you shall have no right to make deductions there from, whether by way of set-off or otherwise.
Alternatively a scheme of payment shall be upon the basis of materials cost payable on the confirmation of your quote/order, and the balance of segmented scheduled payments to be paid immediately following completion of a planned portion set in stages of completion, no further work will commence until the previous stage is paid immediately following completion of said work; and you shall have no right to make deductions there from, whether by way of set-off or otherwise.
7. Liability –
a. Our liability in respect of goods supplied shall be confined to the terms of such guarantee as may be provided with them, which, so far as the law permits, shall be in place of any other conditions or warranties, whether imposed by statute or implied by common law, trade custom, course of dealing or otherwise.
b. We accept no responsibility for any specification not prepared by us, and submission of our quote / tender does not constitute any warranty, guarantee, representation or opinion as to the practicability, efficacy, safety or otherwise of materials to be supplied or work to be done by us in accordance therewith, and the cost of any additional work caused by any defects in any such specifications shall be chargeable in addition.
c. We shall not be liable for any consequential or resultant loss or damage howsoever arising, nor for labour costs involved in the removal or replacement of parts or materials.
d. So far as the law permits, our liability for any damage, loss or expense howsoever arising, and not otherwise excluded by these terms and conditions, shall be confined to an amount no greater than the contract price agreed between us, excluding the cost of materials.
8. Waiver –
Any waiver or allowance made by us shall be limited strictly to the matter and occasion in respect of which waiver or allowance is made, and shall not otherwise be taken to limit in any way our ability to rely upon and enforce these terms and conditions.
9. Cancellation –
Cancellation by you for reasons other than as referred to in condition 3 above shall be permissible only with our written consent, and shall be subject to a minimum cancellation charge of 10% of the contract price or such sum, upon an indemnity basis, as shall be sufficient to cover our losses and expenses, including loss of profit, if greater.
10. Interest –
Any sum(s) payable to us (which shall include such legal costs and expenses [upon an indemnity basis] as we may incur by reason of your default) in accordance with these terms and conditions if unpaid within 14 days of becoming due and payable shall attract interest (to be compounded / accumulated with the sum(s) payable) at the rate of 1.5% per month (both before and after judgment), payable by you in addition.
11. Retention Of Titles –
a. All goods and materials supplied by us directly or indirectly though at your risk from the moment of delivery remain our property until all sums (including legal costs and interest, if applicable) payable to us under these terms and conditions have been paid to us in full.
b. Whilst such goods and materials remain our property (and provided that the due date for payment has passed) you agree to allow us the right (reserved hereby) of unfettered, unrestricted and unimpeded access to the place or premises where those goods and materials may be (and whether or not such may be the original point of delivery and / or installation), and by force if required; and you undertake (as a condition of supply) that such goods and materials whilst our property will not be sold or re-sold under any circumstances and will not be removed from the place at which they were originally delivered / installed (i) without written notification to us of the address to which such are to be removed and (ii) if to a place or to premises access to which you do not control unless you have first drawn to the attention of the lawful owner / occupier of such place or premises these terms and conditions and have secured his / her written consent (to be produced to us) to the right of access reserved hereby. Any breach of this undertaking will result in the sum(s) due to us being increased by a factor of 50% without prejudice to our other rights.
12. Disputes –
a. These terms and conditions shall be construed and determined exclusively in accordance with the laws of England and Wales.
b. In the event of any dispute between us we each agree that the disputed matter(s) shall be referred to a senior lawyer for determination, who shall act as an expert and who shall be appointed, in the absence of agreement, upon the application of either party, by the President of the Law Society of England and Wales, or his / her deputy, and whose decision shall be final and binding upon us, save in the event of manifest error. Any such expert so appointed who shall die or otherwise be unwilling or unable to fulfil his / her appointment shall be replaced by another appointed by the same method.
c. Any term or condition found to be invalid in law or otherwise unenforceable shall be severed here from without affecting the validity of the remainder, and replaced by such similar, but valid or enforceable term or condition, as shall most nearly reflect the spirit thereof.