TERMS AND CONDITIONS OF BUSINESS
1 DEFINITIONS
The following expressions shall have the following meanings:
1.1 “Agreement to Start Work” means the form which the Customer will be required to sign to confirm the Order and the start date for the Services;
1.2 “Supplier” means Parker Home Improvements Ltd of Unit 9A TBS Yard, Thurston Road, Great Barton. IP31 2PJ;
- “Customer” means any person who purchases Services and/or Products from the Supplier;
- “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
- “Proposal” means a statement of work, estimate or other similar document describing the Services and/or the Products;
- “Services” means the services as described in the Proposal and includes any materials required to complete the work;
- “Products” means any products supplied by the Supplier to the Customer;
1.8 “Cancellation Period” means the period of time during which the Customer can cancel the agreement to purchase the Goods and Services as defined in the Agreement to Start Work.
1.9 “Terms and Conditions” means the terms and conditions of supply of Services and/or Products set out in this document and any subsequent terms and conditions agreed in writing by the Supplier;
1.10 “Order” means the formal acceptance by the Customer of the Proposal;
1.11 “Agreement” means the contract between the Supplier and the Customer for the provision of the Services and/or Products incorporating these Terms and Conditions, the Agreement to Start Work form and the Proposal.
2 GENERAL
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services and/or Products by the Supplier to the Customer and shall supersede any other documentation or communication between the Supplier and the Customer.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Services and/or Products, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
3 PROPOSAL
3.1 The Proposal for Services and/or Products shall remain valid for a period of 30 days.
3.2 The Proposal must be accepted by the Customer in its entirety.
3.3 The Customer shall be deemed to have accepted the Proposal by placing an Order (which shall be in the form of a signed Agreement to Start Work) with the Supplier.
3.4 The Agreement between the Supplier and the Customer, incorporating these Terms and Conditions, shall come into force when the Supplier confirms acceptance of the Proposal. Prior to this confirmation the Supplier has the right to refuse any Order.
4 SERVICES & PRODUCTS
4.1 The Services and/or Products are as described in the Proposal.
4.2 Any variation to the Services and/or Products must be agreed by the Supplier in writing.
4.3 Any drawings, descriptions or specifications contained in advertising material, brochures or catalogues issued by the Supplier are for the sole purpose of giving an approximate idea of the Products and/or Services and will not form part of any Agreement unless otherwise agreed in writing by the Supplier.
5 PRICE AND PAYMENT
5.1 The price for Services and/or Products is as specified in the Proposal and is inclusive of any other charges as outlined in the Proposal.
5.2 The price for any materials required to complete the Services is as specified in the Proposal.
5.3 The terms for payment are as specified in the Proposal.
5.4 The Customer must settle all payments for Services and/or Products within 7 Days from the invoice date.
5.5 The Customer will pay interest on all late payments at a rate of 15% per day of the total Proposal.
5.6 The Supplier is also entitled to recover all reasonable expenses incurred in obtaining payment from the Customer where any payment due to the Supplier is late.
5.7 The Customer is not entitled to withhold any monies due to the Supplier.
5.8 The Supplier is entitled to vary the price to take account of:
5.8.1 Any additional Services and/or Products requested by the Customer which were not included in the original Proposal;
5.8.2 Any increase in the cost of materials;
5.8.3 Any additional work required to complete the Services which was not anticipated at the time of the Proposal;
5.8.3 And any variation must be intimated to the Customer in writing/email by the Supplier.
6 CUSTOMER OBLIGATIONS
6.1 The Customer will provide access to the Supplier at the times specified in these Terms and Conditions and will co-operate with all reasonable requests by the Supplier.
6.2 The Customer will provide electricity, water and toilet facilities to the Supplier for the purpose of completing the Services.
6.3 The accuracy of any measurements requested by the Supplier for the supply of Products only shall be the responsibility of the Customer and any expenses incurred by the Supplier as a result of inaccurate sizes shall be met by the Customer.
6.4 The Customer will apply for, obtain and meet the cost of all necessary approvals and permissions required to complete the Services prior to the commencement of the work.
6.5 The Customer shall be liable for any expenses incurred by the Supplier as a result of the Customers failure to comply with the obligations as defined by these Terms and Conditions.
6.6 In areas requiring indoor work the Customer shall ensure adequate ventilation is available.
6.7 The Customer will take all reasonable steps to ensure that the Supplier does not sustain any damage or loss to any equipment stored on site.
6.8 The Customer shall be responsible for all waste management and disposal of waste unless stated otherwise in the Proposal.
6.9 The Customer shall be responsible for materials/goods that are purchased by themselves. Should these items prove to be faulty after installation the Supplier can charge for additional works carried out to replace or remove.
7 SUPPLIER OBLIGATIONS
7.1 The Supplier shall supply the Services and/or Products as specified in the Proposal.
7.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice.
7.3 The Supplier shall comply with all relevant health and safety regulations.
7.4 The Supplier shall ensure that all necessary licences and permissions required to provide the Services and/or Products are current including but not limited to Upper Tier Carrier Dealer.
7.5 The Supplier shall take all reasonable steps to protect furniture and floor coverings when providing the Services.
7.6 The Supplier shall hold valid employer and public liability insurance policies.
8 CANCELLATION
8.1 Where the Customer is acting as a Consumer, the Customer may cancel an Order within 14 days of the date stated in the Agreement to Start Work form (“Cancellation Period”)
8.2 Outside of the Cancellation Period, the Customer may cancel an Order for Services and/or Products by notifying the Supplier in writing at least 28 days prior to the start date specified in the Agreement to Start Work (“Start Date”) and any deposits paid by the Customer will be refunded in full, with the exception of bespoke items such as joinery and ceramics, ordered in advance by PHI due to lead times, for which will the Customer be charged in full.
8.3 If the Customer does not notify the Supplier of any cancellation within the time specified in Clause 8.2 or during the Cancellation Period, where applicable, any deposit monies paid will not be refundable.
8.4 If the Customer cancels where there is less than 28 days to the Start Date, the Supplier will be entitled to charge an administration fee plus the costs for the Services provided and materials as stated in the Proposal.
9 GUARANTEE
9.1 In addition to the Customer’s statutory rights, the Supplier guarantees that the Services and/or Products will be free from any material defects in materials and/or workmanship for a period of 365 days from the date that the Services and/or Products were supplied.
9.2 Clause 9.1 does not apply:
9.2.1 if a fault arises due to any subsequent damage not due to a defect in the Services and/or Products after risk has passed to the Customer; or
9.2.2 if a fault arises due to wilful damage, failure to follow instructions, misuse, improper maintenance or negligence on the part of the Customer or a third party.
9.3 If the Services and/or Products are found to be defective in accordance with these Terms and Conditions then the Supplier shall, at its sole discretion, either repair, re-perform or replace the Services and/or Products or refund any monies paid for the defective Services and/or Products.
9.4 Where the Services and/or Products are defective or do not comply with the Agreement the Customer must notify the Supplier in writing within 30 days from the date of completion or supply of the Product, as appropriate.
9.5 If the Customer has not paid for the Services and/or Products in full by the date the defect in Services and/or Products is notified to the Supplier then the Supplier has no obligation to remedy the defect under this Clause 9.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 All intellectual property rights, registered or unregistered, including but not limited to patents, trademarks, design rights and know-how arising in connection with the Services or the Products supplied are either owned by or used under licence by the Supplier and cannot be used by the Customer without the written permission of the Supplier or the applicable licensor.
11 PROPERTY AND RISK
11.1 Risk in the Products or in any property or materials used to provide the Services shall pass from the Supplier to the Customer when the Products or property or materials leave the premises of the Supplier or on delivery if the Supplier is transporting the items.
11.2 Full title in all Products supplied by the Supplier shall remain fully vested in the Supplier until it receives payment in full for all monies owed to it. The Supplier shall be entitled to re-take possession of the Products in the event of non-payment and the Customer hereby grants the Supplier a non-revocable licence to enter the Customer’s premises for the purposes of recovering the Products.
11.3 Until such time as the property in the Products passes to the Customer, it shall hold all Products supplied to it as its fiduciary agent and bailee, and shall keep all of the Products properly stored, protected and insured (against the risks for which a prudent owner would insure them and hold the policy on trust for the Supplier) and clearly identified as the Supplier’s property. The Customer hereby grants the Supplier permission to enter any premises where the Products may be stored at any time to inspect them.
11.4 Until such time as the property in the Products passes to the Customer, the Supplier shall be entitled at any time to require the Customer to return the Products to it at the Customer’s cost, and if the Customer fails to do so forthwith, to enter upon any of the Customer’s premises or any third party premises where the Products are stored and repossess the Products using reasonable force if necessary.
11.5 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the Supplier’s property, but if it does so all moneys owing by it to the Supplier shall (without prejudice to any other right or remedy the Supplier may have) forthwith become due and payable.
11.6 Until such time as the Customer has paid the Supplier all monies owing to it, if the Customer becomes bankrupt or insolvent, enters into any arrangement with its creditors, or being a company, goes into liquidation or is wound-up, or being a partnership, is dissolved or if, in the reasonable opinion of the Supplier, one of the aforementioned events is likely to occur and the Supplier notifies it of such belief in writing the Customer will no longer be entitled to use and sell any of the Products and these must be returned to the Supplier immediately at its cost or it shall be entitled to re-take possession in accordance with Clause 11.4.
12 DEFAULT
12.1 The Agreement shall continue until the Services and/or Products have been provided in terms of the Proposal or any subsequent date as mutually agreed by both parties or until terminated by either party in accordance with these Terms and Conditions.
12.2 The Customer may terminate the Agreement if the Supplier fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 4 weeks after notification of non-compliance is given.
12.3 The Supplier may terminate the Agreement if the Customer has failed to make any payment due within 2 weeks of the sum being requested.
12.4 Either party may terminate the Agreement by notice in writing to the other if:
12.4.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
12.4.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
12.4.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
12.4.4 the other party ceases to carry on its business or substantially the whole of its business; or
12.4.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
12.5 In the event of termination the Customer must make over to the Supplier any payment for work done and expenses incurred up to the date of termination.
12.6 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
13 WARRANTIES
13.1 The Supplier warrants that the Services will be performed using all reasonable skill and care.
13.2 Without prejudice to clause 13.1 and except as expressly stated in these Terms and Conditions, all warranties whether express or implies, by operation of law or otherwise, are hereby excluded in relation to the Service and/or Products to be provided by the Supplier.
14 LIMITATION OF LIABILITY
14.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury. Notwithstanding this, the Supplier shall not be liable for any amount in excess of the price of the Service and/or the Products in respect of any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise.
14.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
14.3 For the avoidance of doubt, time shall not be of the essence in respect of the provision of the Services, the Start Date and the delivery of the Products and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services or supply the Products by any agreed completion date.
15 INDEMNITY
15.1 The Customer shall indemnify the Supplier against all claims, costs and expenses which the Supplier may incur and which arise directly or indirectly from the Customer’s breach of any of its obligations under these Terms and Conditions.
16 FORCE MAJEURE
16.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
17 ASSIGNMENT
17.1 The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Supplier.
18 SEVERANCE
18.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
19 WAIVER
19.1 The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
20 NOTICES
20.1 Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Proposal or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
21 ENTIRE AGREEMENT
21.1 These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
22 GOVERNING LAW
22.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
