STANDARD TERMS AND CONDITIONS OF BUSINESS
In these terms and conditions the following words shall have the meanings given in this clause:
1.1. ‘we’, ‘us’ or ‘our’ is a reference to 1860 Interiors Ltd registered in England and Wales under company number 11966327 whose registered office is at 16 Davenport Avenue. Hessle HU13 0RP;
1.2. ‘you’ or ‘your’ is a reference to the person to whom we are supplying goods and/or services and who is required to pay for the goods and/or services we supply;
1.3. ‘Conditions’ means the terms and conditions set out in this document and any special terms and conditions agreed in writing by us;
1.4. ‘Delivery’ means completion of delivery of an order for goods in accordance with clause 5;
1.5. ‘Goods’ means any goods or items which you agree to buy from us;
1.6. ‘Materials’ means any materials, goods, parts or items we need to buy necessarily in order to perform the services;
1.7. ‘Parties’ is a reference to both us and you;
1.8. ‘Premises’ means the place where we will provide the services;
1.9. ‘Price’ means the price for the goods and/or services excluding carriage, packing, insurance and VAT;
1.10. ‘Services’ means the services described on our quotation and as we agree from time to time.
2 Conditions applicable
2.1 These conditions shall apply to all contracts for the sale of goods and/or services by us to you to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order, confirmation of order or similar document.
2.2 When you sign the quotation we and you will enter into a legally binding contract on the date you sign.
2.4 Any variation to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by us.
2.5 You should keep a copy of these conditions for your records.
3 Price and payment
3.1 The price shall be our quoted price on our quotation. The price is exclusive of VAT which shall be due at the rate ruling on the date of our invoice.
3.2 Payment of the price and VAT shall be payable in one of two ways:
3.2.1 at the time you place your order; or
3.2.2 in a staged payment of a deposit of 50% and the balance when you we receive your goods at our warehouse and 7 working days prior to commencement of any installation work or onward deliveries to you.
3.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 4% above Santander Bank base rate from time to time in force and shall accrue at such a rate after as well as before any judgment. We may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
4 The Goods
The quantity and description of the goods shall be as set out in our quotation.
5 Delivery of Goods
Delivery of the goods will be by the means and timescale stated on or in our quotation. You and us agree that we cannot guarantee the delivery of the goods within a given timescale. You shall make all arrangement to take delivery of the goods whenever they are tendered for delivery.
6 Title and risk
6.1 Risk in the goods shall pass to you on delivery.
6.2 Title in the goods shall pass to you on payment in full of the price plus VAT. Where you have paid by cleared cheque or credit or debit card ‘payment in full’ means that the funds have reached our bank account.
6.3 Until title in the goods has passed to you, you shall:
6.3.1 hold such goods on a fiduciary basis as our bailee;
6.3.2 store such goods separately from all other goods held by you so that they remain readily identifiable as our property;
6.3.3 not remove, deface or obscure any identifying mark or packaging on or relating to such goods;
6.3.4 maintain such goods in satisfactory condition and keep them insured on our behalf for their full price against all risks with an insurer that is reasonably acceptable to us. You shall obtain an endorsement of our interest in the goods on your insurance policy, subject to the insurer being willing to make the endorsement. On request you shall allow us to inspect such goods and the insurance policy but you may resell or use the goods in the ordinary course of your business.
6.4 If, before title to the goods passes to you, you are unable to pay your debts as they fall due or admit inability to pay your debts or you are deemed unable to pay your debts, you enter into any voluntary arrangement or any other compromise or arrangement with your creditors or you have a petition for a winding-up order or a winding-up order made against you or an application is made to court or an order is made for the appointment of an administrator over you, a person becomes entitled to appoint a receiver over your assets; or you are struck off from the Register of Companies or an application is made for you to be struck-off; or you cease to exist (but excluding death) or cease or threaten to cease on all or substantially the whole of your business then provided that such goods have not be resold and without limiting any other right or remedy we may have we may at any time require you to deliver up such goods and if you fails to do so promptly enter any premises of yours or of any third party where the relevant goods are stored in order to recover them.
7 Standard of providing the Services
7.1 Once the parties have entered into a legally binding contract we will normally start providing the services to you using the Materials straight away or on a date agreed between us without further discussion with you. Occasionally the services will be provided at some other date or time or be dependent on a number of factors.
7.2 The services that we normally provide are divided into a number of distinct stages:
7.2.1 on our first visit to the premises we will carry out a technical survey of the premises; 7.2.2 we will carry out the services;
7.2.3 we clean up after the work we have carried out.
7.3 Our aim is to always provide you with the services:
7.3.2 in compliance with the building laws and regulations in force at the time we carry out the services.
7.4 The performance of some of the services may take place away from the premises.
7.5 You must:
7.5.1 check that you have a suitable supply of gas, electricity, water or waste services to be connected to the goods and/or materials you have purchased;
7.5.2 notify us of any particular features which you know about the premises which may make the performance of the services more difficult than expected.
7.5.3 ensure that existing wiring, gas, water and waste pipe work within the premises is generally of a legal and good workman-like standard. You are responsible for locating any hidden wiring or pipe work and we shall not be liable for any damage caused by or in connection with any hidden conduits.
7.5.4 check that any appliance, accessory or component supplied by yourself is suitable for use with the materials and/or goods.
7.5.5 remove any items from the areas in the premises where we will be performing the services by the date or time when we are due to start performing the services; and cover any items which you will not be moving from the areas where we will be working in order to protect them from dust or dirt;
7.5.6 During all the times we are providing the Services you will:
220.127.116.11 allow us to gain access to the premises at the dates and times we and you agree;
18.104.22.168 allow us access to a water supply;
22.214.171.124 allow us to use electricity from normal 220/240 volt 3-pin sockets;
126.96.36.199 allow us to leave our tools and materials at the premises at times when we are not performing the Services; 188.8.131.52 allow us to use your toilet and washing facilities; and
184.108.40.206 provide a parking permit (for a visitor) throughout the time we are providing the services (if required or imposed by a local or other authority).
7.5.7 We may reasonably refuse to start work where this has not been done and you will be responsible for any delays (and the cost of any such delays) which arise as a result.
8 Providing the Services
Subject to paragraph 14 we aim to provide the services by the dates and times we either agree with you or notify to you. Notwithstanding this we cannot guarantee or provide a firm commitment that:
8.1 we will start performing the services by a specified date or time; or
8.2 we will complete the performance of all the services by any specified date or time; or
8.3 the performance by any individual part of the services will be completed by a specified date or time.
9 Limitation of liability
9.1 If the Goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 7 days of delivery.
9.2 If you notify a problem to us under this condition, our only obligation will be, at our option:
9.2.1 to make good any shortage or non-delivery;
9.2.2 to replace or repair any goods that are damaged or defective; or
9.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
9.3 If any part of the services is performed negligently or in breach of the provisions of this contract then, on your request, we will carry out such work to rectify any damage caused and/or re-perform the relevant part of the Services or offer a sum by way of compensation.
9.4 Except in the case of death or personal injury caused by our negligence, our liability under or in connection with this contract whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the price you have paid us.
9.5 Except to the extent permitted by law, we will not be liable to you 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 you by way of compensation other than to refund to you the price you have paid to us.
9.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
9.7 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from us. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase;
9.8 We will assume that all information, measurements and facts that you provide are accurate and true. We 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.
9.9 We do not provide structural surveys or offer or provide opinions or advice structural or other building related matters.
10 Situations or events beyond our control
10.1 There are certain situations or events which occur which are not within our reasonable control (some examples are given in the next numbered paragraph). Where one of these occurs we will normally attempt to recommence performing the services as soon the situation which has stopped us performing the services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the services.
10.2 the following are examples of events or situations which are not within in our reasonable control:
10.2.1 where weather conditions make it impossible or unsafe for us to perform any of the services;
10.2.2 if materials that are ordered are not delivered on the date or time agreed with the supplier of the materials (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time, or the price charged by the alternative supplier is excessively higher than by the original supplier);
10.2.3 where you make a change in the services you wish us to perform (and this results in, for example, us having to do further work or wait for new or different materials);
10.2.4 where we have to wait for other providers of services (who have been engaged by you) to complete their work before we are able to perform the services (or the relevant part of the services dependent on the other provider if ordered at short notice);
10.2.5 where we are unable to gain access to the premises to carry out the services at the times and dates we have agreed with you;
10.2.6 where the areas in the premises have not be readied by you as we and you have agreed in order for us to perform the services;
10.2.7 for other some unforeseen or unavoidable event or situation which is beyond our control.
10.3 If the delay in us recommencing performing the services will be excessive then we will offer you the option of either: 10.3.1 continuing to wait until we are able to recommence performing the services. If you are required to make any payments during this period (for example if we and you have agreed that you will pay us in staged amounts) then we will not require you to make any of the payments required until we are able to recommence performing the services; or 10.3.2 allowing you to cancel the contract. If you choose this option then you will only have to pay for any services we have performed up to the date of cancellation and for any materials for which we have a legal obligation to pay. If you have made payment(s) to us in excess of the amount of services we have performed or materials we have purchased, we will return the difference to you within 14 days of cancellation.
We may sub-contract or delegate some or all of the performance of the services but we will still continue to be responsible for the performance of the services and our obligations under this contract.
We guarantee that the goods, materials and/or the services will be free from any defects for a period of 12 months from the date of purchase. If the goods, materials or the services have a defect within this period you can choose whether to have the goods, materials replaced or repaired or the services re-performed subject to the following sentence. If the defect is minor in our reasonable opinion, and you selected to have the goods or materials replaced, we reserve the right to repair the item instead of replacing it. Your statutory rights are not affected by this guarantee.
13 Entire Agreement
These conditions set out the whole of our agreement relating to the supply of the goods and/or services to you by us. Nothing said by ourselves, by any salesperson, agent, employee, director or other representative on our behalf should be understood as a variation of these conditions or as an authorised representation about the nature or quality of any goods and /or services offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
14 Our right to cancel
14.1 We reserve the right to cancel the contract between us and you if:
14.1.1 we have insufficient stock to deliver the goods you have ordered;
14.1.2 we do not deliver goods or provide services to your area;
14.1.3 one or more of the goods you order was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
14.2 If we do cancel your contract we will notify you in writing or by e-mail and will re-credit to your account any sums accepted by us from you as soon as possible.
15 Your right to cancel
Orders already accepted by us may be accepted for cancellation or variation, provided made in writing and on the following terms:
15.1 If you are dealing as a trader/business: only at our discretion and we reserve the right to charge for all work carried out or expenses incurred in relation to the order before the acceptance of the cancellation or variation.
15.2 If you are dealing as a consumer: you can cancel this contract within seven calendar days of you receiving the goods or making the contract in accordance with clause 2 of these conditions (‘the Cancellation Period’). You cannot cancel the contract where you have agreed for us to perform the services before the end of cancellation period. To agree for us to perform the services before the end of the cancellation period you will need to send a letter to us which can be sent by post, email or facsimile or by personal delivery. Contact details are set out below. You do not have to give any reason for cancelling the contract nor will you have to pay any penalty. If you wish to return the goods then you must return the goods to us at your own cost and risk. If you cancel the contract but we have processed the goods for delivery you must not unpack the Goods when received and return the goods to us at your own cost and risk as soon as possible. To cancel the contract you will need to send a letter to us which can be sent by post, email or facsimile or by personal delivery. Contact details are set out below. If you cancel the contract orally, you must confirm the oral cancellation in writing and send it to us by the means referred to above.
16 Contact details
16.1 Our contact address is 1860 Interiors Ltd 16 Davenport Avenue. Hessle. East Yorkshire. HU13 0RP.
16.2 Complaints or comments: If you have any complaints about the goods and/or services or any aspect of the way we have dealt with the order please contact Mr T Johnson either by writing to the address given in paragraph, by e-mail to info@1860 interiors.co.uk or by telephone 01482 629842.
16.3 Cancellation or returns: If you wish to return goods ordered or to cancel the contract, letters or other communications should be addressed to Mr T Johnson either by writing to the address given in paragraph 16.1, by e-mail to email@example.com or by telephone 01482 629842.
17 Intellectual Property Rights
All intellectual property rights, registered or unregistered, including but not limited to patents, trademarks, design rights and know-how remain the property of the Company and cannot be used by the Customer without the written permission of the Company.
18 Third parties
For the purposes of the contracts (Rights of Third Parties) Act 1999 this is not intended to and does not given any person who is not a party to it any right to enforce any of its provisions.
19 Proper law of contract
This contract shall be governed and construed by the law of England and Wales and you and we agreed to submit to the exclusive jurisdiction of the courts of England and Wales.