TERMS AND CONDITIONS
1 The contract between us: The contract between you (“you” or the “Customer”)and us (Bailey Bathrooms Ltd trading as Comfort Bathrooms.)
2 Price: The price payable for goods and services that you order is as set out in the Quotation attached. (We reserve the right to notify you in writing of a price or Quotation change at any time before a Contract is concluded). However we will endeavour not to change prices quoted for at least 3 months from the date of Quotation. Once the Contract is concluded the price or rate of charge is fixed.
3 Deposit and Payment – Further Terms: Payments may be made by cheque, cash, approved credit card or other agreed method and must be made to us only: cheques to be made payable to Bailey Bathrooms Ltd. Any cheque that is not honoured will incur a cost of £65.00 (Sixty-five Pounds) for each presentation.
4 Deposits: upon acceptance of a quotation , either verbally or in written form you will be required to pay us a deposit. Once the Deposit is received by us we will agree in writing with you a date for the work and/or services is to be carried out. We will endeavour to schedule your work as soon as possible but please allow a 12 week lead-time from date of receipt of 5
5 Deposit. Our (employees/representatives) are authorised to conclude the Contract and accept your payments under the Contract.
6 Non-Payment of Amount owing by you: If you do not pay an amount due within 14 days of the due date we will charge you (28%) interest on the balance outstanding until final payment. We also reserve our rights to take legal action and to recover interest and our legal costs from you. (If you fail to pay us any amount due, the whole price (so far as the relevant work/goods have been provided) will become immediately due).
7 Your right to cancel the Contract: If you have no contact with us face to face you may cancel the Contract at any time up to the end of the 14th working day from the date of the Contract. if the items ordered is a standard item In this case you do not need to give us any reason for cancelling your Contract. In these circumstances you have the right to a full refund of any amount paid as a deposit. The Consumer Protection (Distance Selling) Regulations apply unless the items are being made to your own specifications. Payment of a deposit is accepted as an agreement to instruct Bailey Bathrooms Ltd to carry out the work Quoted, the quote may be verbal or in writing. Any contract agreed verbally or in writing face to face is deemed to be binding, and no refund will be given.
8 Cancellation by us: We reserve the right to cancel the Contract at any time by written notice if:
We are for any reason beyond our reasonable control (see clause below) unable to make or continue the supply of the goods or to provide the services under the Contract:
One or more of the goods or services you ordered was listed at a clearly incorrect price and we cannot agree with you the correct price or a reasonable price
9 If we do cancel your Contract we will re-credit your account (or refund you by other agreed method) any sum received from you save in respect of goods that you wish to keep.
10 Delivery of goods to you/installation: We will deliver the goods ordered by you to the address you give us at the time and place agreed. It may take four weeks until delivery date (“Delivery Date”).
11 You will become the owner of the goods you have ordered on receipt by us of the amount due from you at Completion or, if you opt for the Deferred Payment Option on receipt of the full price.
12 Risk in Goods: Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destructions not for any related or consequential losses to property.
13 Installation Work: Installation will be carried out by our duly authorised (engineers). Unless agreed otherwise in writing we will begin work on the (Delivery Date). Installation will take a reasonable period depending on the nature and scope of work to be done. You agree to allow us all reasonable access to carry out the Contract.
14 Construction/Manufacture: (We will provide you with manufacturers warranties (in respect of goods) where appropriate).
15 Labour Guarantee: (1 year from Completion). This is conditional upon:
A: All payments due having been duly made to us on the agreed date and not any third party (e.g. one of our engineers personally)
B: No third party tampering with our work or the goods under the Contract
This is offered in addition to your statutory rights and does not affect them in any way.
16 Any additional work we do or goods we supply outside of the Quotation and not covered by our warranties or guarantees herein will be subject to further charges at an agreed price or at our then prevailing rates.
17 Damages/Faulty Goods or Defective Services: If the goods we deliver are not what you ordered or are damaged or defective, or if our service is not carried out correctly we will endeavour to rectify this as soon as reasonably possible.
18 If you notify us of a problem in connection with the installation service or goods supplied due to our fault we will consider at your option the following course of action:
A: Any goods that are faulty due to a manufacturers fault(s) will be put right free of charge to the customer and then taken up with our supplier regarding cost
B: To make good within a reasonable time any work as per the Contract
C: To replace or repair any goods that are damaged or defective: or
D: In the event of a serious defect in the goods to refund to you the amount paid by you for the defective goods
19 Limitation: Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) unless caused by our own negligence or faulty goods..
20: Notices: Unless otherwise expressly stated herein, all notices from you to us must be in writing and sent to our contract address or your fax number notified to us
21: Events beyond our control: We shall have no liability to you for any failure to deliver goods or provide installation services you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes,
22: Invalidity: If any part of (these Terms and Conditions) is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms and Conditions will not be affected.
23: Privacy/Your Details: Any of the details supplied to us will be held by our agents or us only for the purposes of administering the Contract and after sales services. Your details will not be kept longer than is necessary and you will be entitled to a copy of this information.
24: Third Party Rights: Except for our affiliates, directors, employees (e.g. Engineers) or representatives, a person who is not a party to these Terms and Conditions (this Contract) has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Contract cut this does not affect any right or remedy of a third party that exists or is available apart from that Act.
25: Governing Law: The Contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
26: Entire Agreement/Contract: These Terms and Conditions together with the (Quotation/Invoice) set out the whole Contract, however nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
27: Unless agreed otherwise in writing nothing said by any person on our behalf should be understood as a variation of these Terms and Conditions.
28: No work is agreed to be done by us or materials supplied by us other than as specified in the Quotation overleaf or otherwise in writing and agreed under the Contract.
29: Waiver/Indulgence: No omission by us whether by way of indulgence or otherwise or failure or delay promptly enforce our rights hereunder shall be construed as a waiver of our rights.
30: Access for Delivery: We can only fully carry out our obligations under the Contract if you allow us reasonable access to your premises as may be required for us and agreed with you to perform the Contract and/or deliver your goods to you.
31: Limitation to Law: To the extend permitted by law we shall not be liable for damage or losses in respect of goods sold to you in the event that you move (in the case of fitted goods) or materially modify or adjust the goods or permit any third party to do likewise.
32: Documentation Price or other error: In the event that we make a clear error on our documentation (for example as to price) we reserve the right to either agree a term or price with you or charge a reasonable price or rely on a reasonable term.
33: Assignment/Sub-Contracts: We shall be entitled to assign or sub-contract our rights and obligations hereunder. Save with our prior written consent you shall not be entitled to assign or sub-contract any of your rights or obligations hereunder.