DEFINITIONS
"Customer" means the person(s) who accepts a quotation of the company for the sale of the goods or whose order for the goods is accepted by the company and whose details are set out in the contract.
"Goods" means the goods which the company is to supply in accordance with the conditions. "Company" means Bespoke Balustrades Limited - registered in England under Company Registration number: 05944429
"Completion" means completion of the delivery of the goods and their installation in accordance with the contract. "Delivery" means delivery of the goods to the customer in accordance with the contract.
"Installation" means the installation of the goods specified in the contract. "Installation or Delivery Site" is as set out in this document.
"Conditions" means the standard terms and conditions of sale set out in the document and (unless the context otherwise requires) includes the contract. "Contract" means the contract for the purchase, sale, delivery and installation of the goods. "Price" means the total price of the goods and the installation including VAT set out in the contract.
1. BASIS OF SALE
1.1 These terms and conditions shall apply to all contracts for the supply of goods and services by Bespoke Balustrades Ltd pursuant to one or more Purchase Orders. Where it is agreed that Bespoke Balustrades Ltd shall supply the goods and services to be supplied, the price payable and any other special terms agreed between the parties shall be set out in the Purchase Order. All Purchase Orders shall be subject to these terms and conditions.
1.2 No changes or variations to these terms and conditions or any Purchase Order shall be effective unless agreed in writing between the parties. 1.3 Any typographical, clerical error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the company shall be subject to
correction without liability on the part of the company.
1.4 Delivery of the goods shall be made by the company or its agents to the installations site. Any dates quoted for delivery are approximate only and the company shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be the essence. The goods may be delivered by the company in advance of the quoted delivery date upon giving reasonable notice to the customer.
1.5 The customer will give access to the company and its workmen to the installation site at all reasonable times so the company may complete the installation in accordance with the contract and further will allow the company the free use of any services supplied to the customer's property for the purpose of carrying out the installation.
1.6 The company shall not be liable for any losses or damage unavoidably caused in and around the area of installation, to: a) ceramic tiles, plaster work and coving. b) any redecoration which may be necessary c) any ground, driveway, flagging etc. at the agreed site of placement of skips or vehicles upon their surface.
2. INSTALLATION SITE
The customer is responsible for preparing the installation site prior to the commencement of the installation including the moving and removal of: a) furniture, ornaments, valuables, including carpets, rugs, curtain fittings, pelmets and blinds b) personal items, fixtures and fittings that you wish to salvage from the existing installation that is due to be removed and disposed of c) alarm systems/door bells etc. This includes the disconnection and reconnecting in or on the affected areas. d) radiators, electrical sockets, cables/aerials/satellite dishes including telephone or otherwise, or appliances around the area of installation. Any direct or consequential damage or loss associated with any non-compliance with the above requirements cannot be deemed to be the responsibility of the company.
3. PRICE AND PAYMENT
3.1 The price and any taxes and expenses for the goods and services shall be specified in the Purchase Order. The price will include any applicable Value Added Tax. If there are any changes VAT
rate applicable then the company reserve the right to adjust the contract price accordingly.
3.2 The customer shall be responsible for any expenses, charges or price set out in the Purchase Order/s.
3.3 An invoice shall be produced by Bespoke Balustrades Ltd to the customer in accordance with the terms set out in the Purchase Order. The customer shall pay for the goods as per the schedule listed on the Purchase order.
3.4 If the parties agree that Bespoke Balustrades Ltd is to provide goods and services in addition to those specified in a Purchase Order, then such agreement will be reflected in a further Purchase Order, which will be deemed incorporated into this agreement.
3.5 Once a Purchase order has been agreed by the customer the price for goods and services shall be fixed for a period of 6 months only. Once this period of time has lapsed Bespoke Balustrades Ltd have the power to adjust the price for the goods and services accordingly.
3.6 Payment shall be made by cash, cheque or bankers draft. Cheques must be made payable to "BESPOKE BALUSTRADES LTD" and under no circumstances must be made out to any individual. The customer should ensure he/she receives a receipt from the individual to whom the payment was given.
3.7 If the customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the company, the company shall be entitled to:- a) suspend further work under the contract. b) charge the customer interest on the overdue amount until the payment in full is made; and c) rescind the contract for breach on the part of the customer. d) The balance of the contract price is due upon completion of installation and payment must be given to the company's fitters by cash or cheque.
3.8 The customer will indemnify the company for any losses, costs and expenses (including without limitation, loss of profits, reasonable collection costs and third party costs) suffered by the company as a result of the customer's failure to make any payment on the due date and/or recession of the contract by the company.
4. WARRANTY
4.1 Bespoke Balustrades Ltd warrants and guarantees that all goods and materials supplied under this agreement shall be free from any defects, patent or latent, in materials and workmanship.
4.2 Bespoke Balustrades Ltd obligations under this clause shall extend to any defect in materials arising or manifesting itself within 10 years from this contract date, subject to normal wear and tear.
4.3 Items repaired or replaced shall be subject to these terms and conditions in the same manner as those originally supplied under this agreement.
5. RISK AND PROPERTY
5.1 Risk of damage to or loss of the goods shall pass to the customer at the time of delivery. 5.2 Notwithstanding delivery and the passing of risk in the goods or any other provision of these conditions, the property in the goods shall not pass to the customer until the company has
received cash or cleared funds in full of the price.
5.3 Until such time as the property in the goods passes to the customer, the company shall be entitled at any time to require the customer to deliver up the goods to the company and if the customer fails to do so forthwith, to enter upon any premises of the customer or any third party where the goods are stored and repossess the goods.
6. PENALTIES
If the customer does not make a set payment by the due date/s stated on this contract, the company shall be entitled to charge 2% per calender month on the outstanding balance. 0.1% per day is payable on any proportionate part of the month to be determined up to a maximum of 2% per calender month.
7. FRUSTRATION CLAUSE
If this contract becomes frustrated for any reason, the contract will terminate automatically and the company shall not be liable to pay any compensation.
8. EXCLUSION OF LIABILITY
Any claim by the customer which is based on any defect in the quality or condition of the goods or their failure to correspond with the specification shall (whether or not delivery is refused by the customer) be notified to the company within 7 days from the date of delivery (or where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If the customer does not notify the company accordingly, the customer shall not be entitled to reject the goods and the company shall have no liability for such defect or failure and the customer shall be bound to pay the price as if the goods had been delivered in accordance with the contract.
9. COMPANY'S AND CUSTOMER'S RIGHT TO CANCEL
This contract may be cancelled by either party within seven days of the date of signing the contract.
10. SUPPLIERS OBLIGATIONS
Bespoke Balustrades Ltd warrants, represents and undertakes that all services performed under this agreement (or contract) shall be performed with all due skill and care, in a good and workmanlike manner.
11. 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. Unless a further Purchase Order is made, this will also be covered in this contract.