Terms and conditions on which Tri-Anglia Home Designs Limited provides its services and purchases goods
Tri-Anglia Home Designs Limited provides its services and purchases goods for its customers on the following terms and conditions.
- The meaning of some words used in these terms and conditions
|‘we’, ‘us’ or ‘our’
||is a reference to Tri-Anglia Home Designs Limited
|‘you’ or ‘your’
||is a reference to the person to whom we are providing our Services or supplying Goods and who is required to pay for the Services we provide and the Goods we supply;
||means any materials, goods, parts or items we need to buy necessarily in order to perform the Services;
||means the place where we will provide the Services; and
||the contract between you and us for the supply of Services in accordance with these Conditions.means the installation at the Property of the items detailed in the estimate provided to you. The precise Services we will be providing to you will be stated in the order form and as we agree from time to time.
- Entering into a legally binding contract
- A contract between you and us will come into being in one of two ways:
- When you sign the order form we and you will enter into a legally binding contract on the date you sign.
- Where you and we agree orally that we should provide the Services then there will be a legally binding contract on the date of our oral agreement.
- We suggest that before you sign the order form or orally agree to us providing Services that you read through these terms and conditions. If you have any questions concerning them please ask us.
- You should keep a copy of these terms and conditions for your records.
- Providing the Services
- Once we and you have entered into a legally binding Contract we will normally start providing the Services to you at the Premises using the Materials 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.
- Our aim is to always provide you with the Services:
- using reasonable care and skill;
- in compliance with commonly accepted practices and standards in the fitting of kitchens and bathrooms;
- in compliance with England’s laws and regulations in force at the time we are carry out the Services.
- Days and times when we normally provide the Services and performance of Services away from the Premises
- Unless we agree otherwise we will provide the Services on normal working days and start work no earlier than 8am and finish work no later than 5 pm. A normal working day for us means Mondays to Fridays, excluding any bank or other national holidays.
- The performance of some of the Services may take place away from the Premises. For example, we may be able only to carry out some of the activities in performing the Services other than at your Premises or when you are present.
5.1 At the time we perform the Services we may not have all the Materials we need to perform the Services. This may be for a number of reasons such as:
- we have not provided an estimate and cannot reasonably establish what Materials are necessary until we start performing the Services; or
- where we have provided an estimate, the need for particular Materials may not be reasonably possible to establish at the time we provide the estimate. The need for the particular Materials may only be revealed when we start performing the Services; or
- whether or not we have provided an estimate, the condition of an item which is the subject of the Services may only become apparent when we start performing the Services and it was not reasonably possible to establish it until that point.
In such cases we may need to purchase Materials. If the Materials are available from a local supplier then we normally wish to travel to the supplier and purchase the Materials and return to continue performing the Services. If the Materials are not available from a local supplier we would normally order the Materials and return to continue to perform the Services. We will not charge you for any time spent in obtaining Materials if we have bought or ordered the wrong Materials.
5.1.4 if following placing your order with us any materials or goods have gone out of production or are otherwise unavailable we shall offer a suitable alternative to you and you shall be required to pay the difference between the price of the unavailable materials or goods and the suitable alternative.
- Our responsibility to perform the Services and deliver the Goods by particular dates
6.1.1 We aim to carry out the Services by the dates and times we either agree with you or notify to you. But we cannot guarantee or provide a firm commitment that:
- we will start performing the Services by a specified date or time; or
- we will complete the performance of all the Services by any specified date or time; or
- the performance of any individual part of the Services will be completed by a specified date or time; or
- What can happen if we cannot start performing the Services or complete performing the Services
- If we do not start or complete performing the Services within a reasonable period from the date(s) we have agreed or notified then you may choose either to continue to wait until we can start performing the Services or complete performing them or you can cancel the Contract.
- Where we have started performing the Services and you decide you wish to cancel the Contract you will only have to pay for any Services we have performed up to the date of cancellation and for any Goods and/or Materials which we have a legal obligation to pay for plus the total amount of agreed labour hours that would have been incurred had the Contract been completed. If you have made payment(s) to us in excess of the amount of Services we have performed or Goods and/or Materials we have purchased, we will return the difference to you within 7 days of cancellation.
- What is a reasonable period of time depends on the type of Services we will be performing and the length of time they will take to perform. For example, if you and we believe that the Services will take only a few hours to perform, then if we fail to start performing the Services (eg within half a day) then you may have the right to cancel. But if the Services are due to take several weeks to perform, then if we fail to start to perform the Services after a couple of weeks when we are due to or we do not perform the Services during a couple of weeks when we were due to, then in such circumstances you may be entitled to cancel the Contract.
- Situations or events outside our reasonable control
- In addition, there are certain situations or events which occur which are not within our reasonable control (some examples are given in clause 7.3.2). Where one of these occurs we will normally attempt to recommence performing the Services as soon as 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.
- The following are examples of events or situations which are not within our reasonable control:
(a) where weather conditions make it impossible or unsafe for us to perform any of the Services;
(b) if the Materials or Goods are not delivered on the date or at the time agreed with the supplier of the Materials and/or Goods (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 if ordered at short notice);
(c) 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 and/or Goods);
(d) 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 dependant on the other provider);
(e) 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;
(f) 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;
(g) for some other unforeseen or unavoidable event or situation which is beyond our control.
- If the delay in us recommencing performing the Services will be excessive then we will offer you the option of either:
(a) 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
(b) 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 and/or Goods which we have a legal obligation to pay for. If you have made payment(s) to us in excess of the amount of Services we have performed or Materials and/or Goods we have purchased, we will return the difference to you within 7 days of cancellation.
- Price, estimates and payment
- Our charges based on an estimate
- The charges for the services shall be the charges as set out on your order. If we provide an estimate then we will charge you the amount stated in the estimate rather than a charge based on the time taken in performing the Services. Note: we only provide estimates and not quotations or binding indications of how much we will charge. Estimates are normally valid for a period of 30 days from the date they are given.
- As we provide an estimate we may need to charge you a higher amount than stated in the estimate. This can occur for a number of reasons, in particular where:
(a) what you require us to do changes, or the amount of work or Services you require us to provide increases or is different to what we and you agreed before we started performing the Services and as stated in the estimate; or
(b) when we start performing the Services, it becomes apparent that the quantity of Services we will need to perform or the type of work that is involved is different to what we agreed before we started performing the Services and we could not reasonably foresee this before we started performing the Services.
- Where the amount of work involved is greater than that stated in an estimate (as set out in clause 8.2.2) then the following will happen:
(a) if the amount of extra time we need to spend to complete performing the Services will mean that the extra amount payable by you will not exceed 10% of the amount stated in the estimate, then we will carry on providing and completing the Services without contacting you and obtaining your agreement; or
(b) otherwise we will not continue performing the Services and we will seek your approval to the extra amount that you will need to pay, unless:
(i) it is not possible to contact you within a reasonable time; or
(ii) it is not safe not to carry out and finish performing the Services (for example, your goods or premises may be left in a dangerous condition or unprotected from theft if the Services are not completed).
- If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 5% per cent per annum. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
- The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Supplier may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.
- If the Customer fails to pay all monies due to the Supplier then any guarantees offered by the Supplier shall be withheld until such time as payment has been made in full and in cleared funds.
- Until such time as all monies have been paid in full and in cleared funds by the Customer to the Supplier all materials and equipment installed by the Supplier shall belong to and remain the property of the Supplier
- When payment is required for the Services
7.2.1 Payment for our Services and the Materials shall be paid by you to us in cleared sums as detailed in the estimate within 7 days of becoming due and any invoice provided by us to you shall be paid within 7 days of the date shown on the invoice
7.3.1 All amounts stated (whether orally or in writing) are exclusive of VAT, which will be added at the rate currently in force.
- If you do not pay when required to
7.4.1 If you fail to make payment by the date or time we and you agree we may:
- charge you interest at a rate of 5% per annum on any outstanding amounts if those outstanding amounts remain unpaid for more than 7 days from the date of our invoice or when we asked you first to pay them. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgement. You shall pay the interest together with the overdue amount.
- if the amounts not paid represent more than 10% of the total value of the Services we are to perform for you and there remain some Services which we have not yet performed, then we may suspend performing the remaining Services until you make payment.
- If you fail to pay all monies due to us any guarantees offered by us shall be withheld until such time as payment has been made in full (in cleared funds and including any interest due).
- Until such time as all monies due to us have been paid by you in cleared funds all materials and equipment installed by us or any contractor or agent instructed by us to carry out the services shall belong to us.
- Upon receipt of full payment a 12 month installation guarantee will commence from date of invoice. Any products supplied will come with a manufacturers guarantee as specified by the supplier direct, this will be subject to customers registering the said appliances.
- Things you will need to do
- If we are performing the Services at the Premises then you should:
- make the areas where the Services are to be performed ready;
- remove any items etc which will stop or hinder in the performance of the Services;
- protect your items or possessions from the effects of us performing the Services; and
- allow us to gain access to the Premises at the dates and times we and you have agreed we will perform the Services.
- You will obtain all necessary consents, permissions and approvals before we start performing the Services.
- You will make available facilities at the Premises as we reasonably require.
- Co-operate with us in all matters relating to the services.
- Some restrictions and assumptions
- We will assume that all information, measurements and facts (‘Measurements’) that you provide are accurate and true. We will not accept liability for any loss or damage caused where we reasonably perform our Services in reliance on these. We will be responsible for any Measurements we make or provide.
- If we supply Materials but are requested not to provide or perform the Services then it shall be your sole responsibility to check the suitability of all materials supplied or ordered including but not limited to whether the materials will fit and no liability whatsoever shall attach itself to us in this respect.
- Exclusion and limitation of liability
- We do not exclude or limit liability for our negligence or negligent omission which causes you personal injury or death.
- We shall only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach of the Contract. In the event that any loss or damage suffered by you relates to your business activities or use of the Premises for commercial purposes then we exclude all liability and in particular we exclude all liability for loss of profits or other economic loss arising from a breach of the Contract.
- Our total liability shall in no circumstances exceed the total value of the Contract
- Communicating with us
- You can telephone (our contact numbers is 01553 765575.)
- However, for important matters we suggest that you use writing and send any communications by post to Tri-Anglia Home Designs Limited, Unit 2 Laen Court, Horsley Fields, Kings Lynn, Norfolk, PE30 5DD.
- Cancellation by you
- you will not be able to cancel the Contract, except where we agree or as otherwise provided for in these terms and conditions.
- If we agree to cancel then you will be responsible for the cost of:
- any of our time in performing the Services up to the date we stop providing the Services;
- any Materials we are contractually committed to buying up to the date of termination (whether or not we need to pay for them before or after the date the Contract between us and you is cancelled). Any Materials we have purchased (but not used in performing the Services) will be delivered to you.
- In the circumstances stated in clause 13.2 we will first deduct the amounts for which you are responsible from any deposit you have paid. Any remaining deposit will be returned to you. If the amount owing is greater than the deposit we will return invoice you for the amount in excess of the deposit.
- If you:
- purport to cancel the Contract, or
- give notice purporting to cancel, or
- otherwise do not fulfil your obligations (such as by not paying any sums due to be paid to us) in a way which amounts to you cancelling the Contract,
we do not have to accept your cancellation except as provided in clause 13.2 or as otherwise provided for in the Contract. However, we may choose to accept cancellation, and if we choose to do so you will be required to pay to us a reasonable amount for the losses and costs (including loss of profit) we have suffered. If you have paid a deposit, this will be retained and if our reasonable losses and costs (including loss of profit) are greater than the deposit we have retained we will require you to pay for our losses and costs in excess of the deposit retained.
- Amendments to these terms and conditions
12.1 We will have the right to amend these terms and conditions where:
- we need to do so in order to comply with changes in the law or for regulatory reasons; or
- we are changing the rates we charge for the provision of the Services as provided for in clause 8;
- we need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the Contract), as long as such correction is minor and does not materially affect the Contract.
Where we are making any amendment we will give you 7 days’ prior notice (unless the Contract is terminated before that period).
- Contracts (Rights of Third Parties) Act 1999
13.1 For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
14.1 This Contract shall be governed and construed by the law of England and you and we agree to submit to the jurisdiction of the courts of England and Wales.
- Force Majeure
- For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Supplier including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
- The Supplier shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
- If the Force Majeure Event prevents the Supplier from providing any of the Services for more than 6 weeks, the Supplier shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.
- Assignment and other dealings.
- The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
- The Customer shall not, without the prior written consent of the Supplier, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract.
- Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax.
- A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause a); if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by by fax, one Business Day after transmission.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
- If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
- If any provision or part-provision of this is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
16.4.1 A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
16.5 1 Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
16.6 1 A person who is not a party to the Contract shall not have any rights to enforce its terms.
16.7.1 Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by the Supplier.
16.8.1 This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
16.9.1 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).