TERMS & CONDITIONS
FORMATION OF CONTRACT
The contract between the Supplier and the Client comprises the Confirmation of Order (‘Order’) booked by the Supplier and these Terms & Conditions. Any other terms proposed by the Client are excluded.
PRICE, PAYMENT & VARIATIONS
All Services must be paid for in full upon completion of the works. Where invoice facilities are granted payment is due within 14 days of the date of each invoice unless other terms are set out in the Order and accepted by the Supplier.
Where the Services include supply of materials or labour, the Supplier may vary the agreed price to take account of any increased costs.
If the Supplier accepts a request to vary the Services the price and times in the Order will be adjusted by the Supplier as appropriate and the changes notified to the Client. The Supplier may decline to carry out any requested variation. The Supplier reserves the right to make a cancellation charge of 50% of the Order value where the Client requests a cancellation within 24 hours of the time to carry out the Service. The Supplier reserves the right to make a charge for the first two days of labour where a Client fails to turn up for a booked appointment without notification. All such charges shall become due immediately.
The Supplier reserves the right to charge interest on any overdue payment in accordance with the Late Payment of Commercial Debts (Interest) Act.
Also, the Supplier will be entitled to cancel the Order and/or suspend the Services if any payment is not made on the due date by the Client.
Dates for commencement and completion of the Services given by the Supplier are given in good faith but, unless stated in the Order, dates are not guaranteed and the Supplier will not be liable for any delay in commencement or completion of the Services.
Where the Services include installation or other work at premises owned or designated by the Client, the Supplier will give not less than 24 hours notice of the date when the Supplier requires access. The Client will provide access on the specified dates and any facilities (power, water, etc.) as reasonably required by the Supplier.
Where appropriate the Supplier will notify the Client when the Services are ready for inspection before completion. The Supplier will give due consideration to comments received from the Client before confirming the completion date.
PROPERTY AND RISK
When the Services include the supply of goods or materials, the risk of loss or damage passes to the Client upon completion but, where Services are performed on the Client’s premises, the risk of loss or damage to goods and materials, except when caused by the Supplier, rests with the Client who should insure the risks at his expense. Ownership in the goods and materials will remain with the Supplier until payment in full of all amounts due from the Client have been received by the Supplier.
Where Services are carried out on the Suppliers premises, the risk of loss or damage to goods and materials, except when caused by the Client, rests with the Supplier.
The Client should ensure all personal effects are removed from vehicles before the Service commences. Working around or removing items from a vehicle may incur additional charges. Child seats should always be removed from cars prior to the Service starting. Where the Supplier has to remove a child seat it will be laid on the back set or put into the boot. It will not be refitted.
The Supplier has a courtesy car (Car) available for the use (Hire) of the Client while Services are completed on the Client’s vehicle. Availability of the Courtesy Car is not guaranteed and the use of it is subject to the following conditions:
- All drivers must be over 25 years of age and hold a current UK driving licence.
- All damages to the Car must be reported to the Supplier immediately and the Client will be responsible for the first £1000 of repairs.
- All repairs will be carried out by the Supplier of their appointed agent at the lowest cost possible using a factory quality repair method.
- No food or drink should be consumed in the Car.
- Pets are not allowed in the Car.
- All driving offences that occur when the Car is in the Client’s possession are the sole responsibility of the client, this will include any criminal charges, fines, endorsements, parking charges/fines and traffic offences. It is a requirement that the Client keep a log of drivers during the Hire period in order to demonstrate who was driving should an incident occur. The Supplier will maintain a record of when the Client collects and returns the Car and will pass this to law enforcement agencies if required to do so.
- The fuel tank will be full when the Client collects the car and should be returned in the same state. Charges will be made where the Car is returned without refuelling. The closest petrol station is Tesco at Foxoak St, Cradley Heath, West Midlands B64 5DF.
- Use of the Car may be withdrawn without notice at any time.
WARRANTY & LIABILITY
The Supplier will exercise reasonable skill and care in the supply of the Services.
Any defect must be notified promptly and in any event within 7 days of the Client becoming aware of the defect. When the Supplier accepts that the defect is the Supplier’s responsibility, the Supplier will have the option to remedy the defective Services (when this is feasible). Under no circumstances will the Supplier’s liability to the Client exceed a sum equal to the total price payable for the relevant Services nor will it extend to any loss of business or profit or any indirect loss incurred by the Client.
Where the Services include the supply of goods or materials, the warranty given above will not apply to defects which are due to: fair wear and tear, accidental damage or failure by the Client to adhere to the Supplier’s recommendations; or to materials or goods included in the Services which have not been manufactured by the Supplier.
All terms, conditions and warranties implied by law, trade use or otherwise (including but not limited to any warranties as to quality or fitness for purpose) are excluded to the extent permitted by law. The Client acknowledges that the only warranties are those given expressly by the Supplier in these Conditions.
The Supplier will not have any liability to the Client if prevented from performing the contract on account of force majeure which includes, but is not limited to weather conditions, war, terrorism, strikes or difficulty in obtaining materials and labour. In any of these circumstances, the Supplier reserves the right to cancel or suspend the Services.
All designs and other intellectual property rights in Services are and will remain the sole property of the Supplier. Under no circumstances will the Client copy or make use of any of the Supplier’s intellectual property rights.
If the Client (a) commits a breach of contract, or (b) fails to make a payment on the due date, or (c) becomes insolvent or has a receiver or liquidator appointed then, in any such case, the Supplier shall be entitled to end the contract and recover all the Supplier’s costs and losses including loss of profit up to the termination date
LAW & DISPUTES
The contract between Supplier and Client is governed by English law.
Any dispute which cannot be settled amicably will be referred to mediation at the request of either party. CEDR (the Centre for Effective Dispute Resolution) will arrange the mediation. Any dispute that is not settled will be resolved in the English courts.