1.1 In these Conditions:
1.2 The headings in these Terms are for convenience only and shall not affect their interpretation.
2.1 These Terms apply to all Services, including any Materials, supplied by us.
2.2 We may, at any time, vary our charges or any of these Terms in relation to future sales, but otherwise you and we must agree in writing any changes or additions to the Services or these Terms affecting the Contract.
2.3 No contract exists between you and us until we have accepted your order by countersigning the Specification Sheet, but when we have done this there is a binding legal contract between you and us.
2.4 You agree to supply us with all necessary access and information within sufficient time to enable us to provide the Services in accordance with the Contract. It is your responsibility to ensure the accuracy of all such information.
2.5 We will provide the Services in accordance with the Specification Sheet, subject to these Terms.
2.6 We may, without liability to you, correct any typographical or other errors or omissions in any brochure, promotional literature, quotation or other document relating to the provision of the Services.
2.7 We may, at any time, without notifying you, make any changes to the Services which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Services.
3.1 Subject to any special terms agreed between you and us, you must pay our charges and any additional sums (such as the cost of materials and VAT) including any additional sums which, in our reasonable opinion, are required as a result of your instructions or lack of instructions, the inaccuracy of any information, failure to provide access or any other cause attributable to you.
3.2 All charges quoted to you for the provision of the Services are exclusive of the cost of materials and any VAT, which you must pay in addition.
3.3 We may invoice you at any time after we have started to provide the Services to you.
3.4 You must pay our charges together with VAT and any additional sums payable within 7 days of the date of our invoice.
3.5 If you do not pay us by the due date for payment, without limiting any other rights we may have, we will be entitled to charge you interest on the outstanding amount (both before and after any judgment) at the rate of 4% per cent above the base rate from time to time of Lloyds TSB Bank plc from the due date until the outstanding amount is paid in full.
3.6 A debt collection agency will, at our discretion and your expense, be instructed to collect any monies owed to us.
3.7 If we have agreed in writing that we owe to you a specific monetary sum, then you may set-off this sum against monies due to us under the Contract, but otherwise you must pay the sums due to us under the Contract without set-off or deduction.
4.1 Subject to clause 4.3 we accept full responsibility for death or personal injury caused by our proven negligence and for any misrepresentation made by us fraudulently.
4.2 We warrant to you that the Services will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with the Specification.
4.3 Our entire liability to you is limited to the extent that it is covered by any insurance policy taken out by us and operative at the time the liability accrues. Details of our present insurance cover are available on request. If, in the Specification Sheet, you ask us, at your expense, to purchase additional insurance cover we will take reasonable steps to do this.
4.4 When, in connection with the provision of the Services, we supply any Materials, we do not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but we will, where possible, transfer to you the benefit of any warranty, guarantee or indemnity given by the person selling those Materials to us.
4.5 We shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any instructions or information supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or from your failure to provide us with access or any other fault of yours.
4.6 We shall not be liable to you for any loss of profit or any indirect, special or consequential loss which arise out of or in connection with the provision of the Services (including any delay in providing or failure to provide the Services) or their use by you.
4.7 We shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Services, if the delay or failure was due to any cause beyond our reasonable control.
4.8 Any claim by you in respect of an alleged defect in the performance of the Services must be notified to us in writing within 7 days from the date the defect became apparent, otherwise we shall have no liability to you in respect of the matter complained of.
4.9 Where any valid claim is notified to us in accordance with clause 4.8, we may, in satisfaction of our liability to you, carry out such further services as we deem necessary free of charge or refund to you the price paid by you for the Services (or a proportionate part of thereof).
4.10 It is your responsibility to provide us with access to enable us to provide the Services. Accordingly, if you request us to take up fitted carpets or floorboards or to move furniture, ornaments or other items to gain access for provision of the Services, we shall only do so on your behalf and entirely at your own risk. We will use our reasonable endeavors to put back any items moved in the place and condition that we found them, but we shall have no liability to you for any losses, costs or expenses arising from any damage to such items or our inability to restore any items moved in the place and condition that we found them.
4.11 If you are a consumer, these Terms do not affect your statutory rights.
5.1 You may terminate the Contract at any time by giving not less than one weeks’ written notice to us.
5.2 We or you may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the other if the other commits any breach of these Terms and (if capable of remedy) fails to remedy the breach within 30 days after being required by written notice to do so, or if the other goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.
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