1. In these terms and conditions, the “Customer” and the “goods” are as described on the Company’s
quotation form overleaf together with the annexed provisional specification sheet(s). A “working day”
means Monday to Friday inclusive, but excluding bank holidays.
2. All prices referred to by the Company on its quotation form are only valid for 14 days.
3. The Customer may place an order accepting the Company’s quotation by:
(i) Signing the Customer declaration on the Company’s quotation form and returning this form
to the address shown: and
(ii) Paying the Company the agreed “on order” payment.
4. RIGHT TO CANCEL: The Customer has a right to cancel the order and obtain a refund of the on
order payment by sending a letter to the Company at the address shown below within seven days of
the date on which the contract was signed. To make a cancellation, the Customer is encouraged to use
the Cancellation Notice at the foot of these terms. It is recommended that the Cancellation Notice be
sent by recorded delivery, to ensure that the Company receives the notice within seven days. The onus
is on the Customer to provide proof of cancellation within the prescribed period by giving a written notice
of cancellation to the Company at any time during the 7-day period following the date on which the
order is placed.
5. Once the Customer has placed an order with the Company, the Company will arrange for a technical
survey to be carried out. The survey payment is payable on completion of the technical survey. If the
survey shows that for any good reason it is not possible for the goods to be installed, the Company will
provide a full explanation to the Customer. The Company will then have the right to cancel the order, in
which case it will refund any payments made by the Customer. Alternatively, if the survey shows that it
is possible for the goods to be installed, but that the Company’s installation costs will be higher than
originally anticipated, then the Company will explain this to the Customer and will have the right to
increase its price accordingly. The Customer then has the option of proceeding with the order in which
case the price will be increased in line with the Company’s explanation, or to cancel the order, in which
case the Company will refund any payments made by the Customer.
6. In progressing the Customer’s order, the Company will incur various costs, including the cost of
carrying out the technical survey referred to above and of manufacturing bespoke goods according to
the order. Consequently, if the Customer cancels the order at any time, the Company will be entitled
(except where the Customer has a right to cancel under these terms or the general law), to recover
compensation from the Customer for the Company’s reasonable losses resulting from the cancellation
and will be entitled to deduct that compensation from the payments made by the Customer.
7. The Company will progress the Customer’s order as quickly as it reasonably can. However, dates
given are only estimates and the Company will not be liable to the Customer for not meeting the
estimated installation date.
8. The Company requires certain co-operation and assistance from the Customer in order to carry out
its technical survey of the Customer’s premises and subsequently the installation of the goods. In
particular:
(i) The Customer must not change any of the features of the premises, as confirmed on the
quotation form – if there is any change, the Company may be unable to carry out the installation
altogether, or may incur additional costs in carrying it out. Any additional costs incurred as a
result of any such charge will be added to the price;
(ii) The Customer is responsible at the time of both technical survey and installation for providing
access to the relevant site and a reasonable working area cleared of moveable furniture, plants,
ornaments, blinds, curtains and so on;
(iii) The Customer is also responsible for ensuring that he, or a person appointed by him to act
as his representative, is present during the technical survey and installation to agree final
specifications with the Company’s surveyor or installer and to provide any other instructions or
assistance reasonably required by the Company;
(iv) The Customer is responsible for obtaining any consents, permissions or approvals which
may be needed in connection with the installation;
(v) The Customer is responsible for providing a safe and suitable supply of electricity – the
Company will not undertake any alterations or extensions of the mains circuitry of the installation
site or be liable for the cost of repair.
If the Customer fails to comply with any of these obligations, resulting in the Company being unable to
carry out its technical survey or installation on the relevant date, then the Company will be entitled to
charge the Customer its published call-out charge by the way of recovery of the Company’s reasonable
losses resulting from the abortive visit. The Company will also be entitled to charge the call-out charge
described above if the Customer postpones any appointment for a technical survey or installation
without giving the Company at least 3 working days’ notice.
9. The goods will remain the property of the Company until paid for in full and the Company reserves
the right to cancel the order and require the Customer to deliver-up the goods if the Customer becomes
bankrupt or fails (having been given at least 10 working days’ advance notice by the Company) to pay
to the Company any overdue amount. Where goods have been installed and are recovered by the
Company due to non-payment, the Company will not be responsible for making good any damage to
the Customer’s property as a result of removing the goods.
10. IMPORTANT – the Customer’s attention is specifically drawn to the following, although the
Customer is reminded that nothing in these terms and conditions will affect the Customer’s statutory
rights:
(i) Whilst the Company may show samples to the Customer for demonstration purposes, the
actual specification of the goods to be supplied/installed by the Company will be as per the final
specification agreed with the Company’s representative at the technical survey:
(ii) The nature of the manufacturing process for the goods is such that the Company cannot
guarantee exact colour matching against samples; minor colour variations may occur between
different items, although this will not affect their functionality – the Company uses all reasonable
care to ensure that these variations are minimized, but cannot guarantee exact colour matches
between wood, metal or fabrics from different batches;
(iii) Where the goods are made of natural products, minor imperfections not readily apparent at
a distance of two metres under normal light will not be accepted as defects;
(iv) The Company cannot guarantee the goods against shade change due to exposure to
sunlight;
(v) The Customer must notify the Company of any faults or other problems with the goods as
soon as practicable after the fault or problem is discovered;
(vi) The Company will have no liability for any damage caused to movable objects not removed
from the working area in accordance with clause 8(ii);
(vii) The Company will not be liable to the Customer if it is forced to postpone an appointment
for a technical survey or installation (even at very short notice) or for any other delay or failure
in relation to the supply/installation of the goods, where the postponement or other delay or
failure was caused by circumstances beyond the Company’s reasonable control, including
sickness of or injury to any of the Company’s surveyors or installers.
11. The Company is not liable for any claim for damage to, loss of or costs in any respect of:
(i) Anticipated profits, revenues, anticipated savings or goodwill; or
(ii) Lost earnings, time off work and other inconvenience; or
(iii) Any consequential or indirect loss.
12. Proper installation of the goods will depend on the structure of the Customer’s property being in
good condition and otherwise of sufficient structural integrity to support the goods. In surveying the
property prior to installation, the Company will use all reasonable care to identify defects that could
affect the installation, but there may be certain hidden defects that cannot be reasonably identified. If
any hidden defect of this kind becomes apparent during installation of the goods, the Company will be
unable to continue with the installation until the Customer has dealt with that defect. If any hidden defect
does not become apparent during installation work (in spite of the Company using all reasonable care
to check for them) but subsequently causes any injury or damage (including damage to the goods
themselves) the Company will not be liable for that injury or damage.
13. The price of the goods is payable in three instalments:
(i) On order: as referred above, on placing the order, one third of the total price is payable;
(ii) On survey; as referred above on completion of the technical survey, a further payment, one
third is required to enable the Company to commit to materials;
(iii) On delivery: the balance of one third is required in cleared funds prior to delivery of the
goods. Five days are required to ensure that cheques are cleared, debit & credit cards are
considered cleared immediately;
(iv) If the balance is to be settled by a finance agreement then no payment is required on survey
and the price less the on order payment becomes payable by the finance provider on delivery;
(v) If installation of the goods is delayed by the Customer the final account is payable by the
Customer on receipt of the Company’s invoice;
(vi) Interest will be payable by the Customer on any overdue amount on a daily basis at the then
current Bank of England base rates plus 4.0%.
14. The Company would prefer the Customer not to pay the Company in cash, as the Company’s
representative are not authorised to accept cash on behalf of the Company. However, if there is no
alternative, the Customer should deposit the money directly into the Company’s account.
15. The Company reserves the right to carry out Customer credit checks where it deems necessary.
16. These terms and conditions will be governed by the laws of England and Wales.
