“We / Us / Our” means of Bathroom Suites Northeast Limited
“You / Your” means the individual/legal person/business/entity who has entered into the Contract with Us for the Works
“Exclusions” means any wear and tear, electrical products, discolouration of silicon and serviceable parts including but not limited to light bulbs, toilet seats, tap washers, shower washers, damage to flooring caused by lying water, damage caused by Your fault or negligence, as well as any other exclusions specified in any Warranty.
“Premises” means the property or Premises at which the Works are to be carried out.
“Equipment” means the goods/product/equipment/material or similar supplied by Us to You under the Contract
“Warranty” means any written warranty offered by Us and supplied to you in respect of the Works under the Contract and these Terms, which is governed by the terms of the Our Warranty from time to time and subject to any Exclusions.
“Charging Rates” means the hourly rates and charges specified in these Terms.
“Contract” means the contract between You and Us to carry out Works (please see clause 2).
“Works” means supply of Equipment by Us and installation work carried out by Us
“Quote” means any written quotation or invoice supplied in advance of the Works being commenced from Us to You specifying the Works and the price to be paid.
“Satisfactory Completion of the Works” means the substantial completion of the Works by Us, excluding any minor snagging work.
- Any Works We carry out for You will be governed by these terms and conditions (“Terms”). By engaging Us to carry out any Works, You agree to be bound by these Terms. These Terms apply to any Contract between Us, to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing in relation to any Works.
- Any contract between You or Us shall come into force once You have confirmed either verbally or in writing that You would like Us to carry out the Works which have been proposed in a Quote and we then confirm our agreement to carry out the Works and you have paid any deposit requested by Us; At which point a contract between You and Us will come into existence.
- Any Quote provided is valid for a period of 90 days from the date of the Quote and is subject to the Works being carried out within a maximum of 120 days from the date of the Quote.
- We shall provide all services and Works using reasonable care and skill.
- We may require you to pay a deposit of up to 50% of any Quote before agreeing to commence any Works.
- Payment in full (less any deposit paid) is required immediately on Satisfactory Completion of the Works. Interest is due on any sums which are not paid on satisfactory completion of the Works at the rate of 5% above the rate of the Bank of England base rate from time to time.
- Charging Rates:
- Initial call out inclusive of 1st hour £72.00 (and travel to Premises)
- Every 30 mins or part thereof after initial hour £30.00
- Travelling time once job commenced £30.00 every 30 minutes or part thereof (including travel time to obtain Equipment required for the Works)
- Abortive call out £36.00 (including attending and being unable to access the Premises)
- At all times We will require access to the Premises where the Works are to be carried out. You must ensure that there is an adequate supply of gas, electricity and water in order for Us to carry out any Works. If access and the supply of utilities is not provided at the times that it has been agreed that We are to carry out the Works, the Works may not be carried out and there may be additional charges incurred as a result of wasted call out time in accordance with Our Charging Rates.
- Any Works proposed to be carried out shall be carried out during our usual working hours which are 8am until 5pm Monday to Friday. Additional charges may apply for any Works outside of the scope of any Quote, for Works which were not envisaged as being necessary and included in any Quote but which We find are necessary and for any Works which You require Us to do outside of our usual hours. Any additional charges will be notified to you in advance.
- Any time estimates provided for completion of any Works are an estimate only. We will endeavour to keep You appraised of any situation which arises which is likely to cause any delay to the time estimates provided and We will endeavour to complete the Works within the timescales, subject to any variations advised. We can in no way be held responsible for delays due to circumstances beyond Our control, not limited to but including adverse weather conditions.
- We reserve the right to amend the specification of any Equipment supplied, if required by any applicable statutory or regulatory requirements. If the Equipment proposed is unavailable, We will offer an alternative to You suitable to Your requirements.
- The Premises at which You instruct Us to carry out the works must be safe and free from hazards, which must be arranged at Your cost, which will include by way of example the removal of any hazardous material. Making the Premises safe and the removal of any hazardous material is not part of any agreed Works within any Quote unless specifically stated in writing.
- Any permissions or consents which are required including any Planning Permission must be obtained by You and in requesting Us to carry out Works, you are confirming that You have obtained all necessary permissions and consents including any Planning Permission required. This includes but is not limited to Your obligations if the Premises is or forms part of a conservation area or is a listed building. We shall ensure that all Works that We carry out are in accordance with good working practices.
- If You are not the owner of the Premises where the Works are to be carried out, You must ensure that you obtain the owner’s permission to have the Works carried out and We shall assume that to be the case unless You advise us otherwise. You agree to fully indemnify Us in relation to any claim made by the owner of the Premises in relation to any Works carried out which arise from Your failure to obtain appropriate permission.
- We shall take reasonable precautions and reasonable care in carrying out the Works without causing damage or disturbance to the Premises. However You accept that the very nature of the Works involved may include the removal or dismantling of existing fixtures or fittings and the requirements to take up floor coverings or arrange for access in structures. The replacement of any such floor coverings or other items (unless agreed to be replaced by us in writing) is Your responsibility although We shall endeavour to cause the minimum amount of disturbance and put items back in the same order as may reasonably be possible in the circumstances. You accept that there may be some damage caused and redecoration work may be required (unless we have agreed in writing to carry this out; It is Your responsibility although We will endeavour to advise You if we think that there is the possibility of any damage being caused.
- We do not accept any liability in relation to the adequacy of Your existing systems or installations and We accept responsibility only for the Works and any Equipment that We supply. You accept that the Works and installation of Equipment may highlight or exacerbate existing inadequacies in Your existing system or installation. We will rely entirely on what you advise us with regard to your existing heating system and its capabilities.
- Any Warranty provided by Us is in relation to the Equipment and/or systems installed but any such warranties cover only the Works and Equipment/system that We carry out or install and not any existing system or installation.
- Title to Equipment shall not pass to You until You have made payment in full (in cash or cleared funds) to Us for the Equipment and all other sums that are or that become due to Us by You for the Works and supply of the Equipment. Until title to the Equipment has passed to You, you must not remove, mark, modify or use the Equipment in any way.
- You may cancel Your agreement with Us up to 14 days after the date on which the Contract is agreed in respect of installation works, or up to 14 days after any Equipment is delivered in respect of the Equipment provided it is supply of Equipment only. This is known as your cooling off period. You agree and confirm that if You have asked for Works to begin during either of the 14 day cooling off periods that We are permitted to commence the Works and if you thereafter decide to cancel the agreement after work has commenced, We are permitted to charge You Our reasonable costs and expenses for Works carried out at the time of cancellation and any Equipment that has been installed in your Premises. You will not be permitted to cancel the contract once it has been completed or any Equipment has been fully installed into the Premises. You agree we may deduct any sums due to Us from any deposit paid. If you cancel Your agreement with Us after any cooling off period has expired, but before the commencement of any Works a cancellation fee may be payable based on the time notice of cancellation is provided before the date the Works were due to commence:
- Less than 7 days’ notice – 40% of the Estimate or the deposit paid whichever is the lesser sum.
- More than 7 but less than 14 days’ notice; 30% of the Estimate up to a maximum of £1,000
- More than 14 but less than 28 days’ notice; 10% of the Estimate or £750, whichever is the greater sum.
- If You terminate a contract with Us for any reason, We shall make such charges as are commensurate with the amount of Works that have been carried out or Equipment supplied and fitted (subject to any cooling off period), having regard to any Quote provided and any variations to that Quote as well as our Charging Rates.
- We may cancel the Contract at any time by giving written notice to You. If we cancel without good reason, we may be responsible for any reasonable costs or losses you have sustained as a result of such cancellation. If we cancel the Contract as a result of your breach, you may be responsible for charges/sums incurred by Us.
- You agree that as and when We deem it appropriate We may use sub-contractors or third parties to carry out the Works.
- We shall not be liable in any circumstances for loss of any profit, indirect or consequential loss arising under or in connection with the Contract and any Works carried out.
- We shall not be liable in any circumstances for loss of any profit and/or indirect or consequential loss arising under or in connection with the Contract and any Works carried out.
Nothing in these Conditions shall limit or exclude Our liability for:
(a) death or personal injury caused by Our negligence, or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(e) defective products under the Consumer Protection Act 1987.
- A person who is/was not a party to the Contract shall have no rights to enforce its Terms. No variation of these Terms is permitted unless agreed in writing and signed by Us.
- These Terms and the Contract and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the Law of England and Wales and each party 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 them.