SAMPLE TERMS OF SUPPLY, INSTALLATION AND MAINTENANCE
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Terms of supply, installation & maintenance
Date: sample only
Customer: sample only
Property Address: sample only
This is the contract which we, The Flood Company Commercial Limited of registered office 10 Kaffir Road, Edgerton, Huddersfield, HD2 2AN, propose to make with you, our customers (as named above).
This is an important legal document and once you sign it you will only have a limited right to change your mind. This and the detailed terms and conditions of our contract with you are set out in the attached terms and conditions which you should read carefully together with the attached invoice which sets out what we have agreed to do and at what price.
These terms and conditions tell you how you or we may end or cancel the contract and what to do if there is a problem and other important information for you. If you think there may be a mistake in any of the terms, then you should tell us straight away before you sign them. You should only sign below once you have done so.
When reading this these terms, you may find the following documents helpful. They can be found on our website at www.thefloodcompany.co.uk/terms
(a) What is included in your Standard 12-month Guarantee
(b) Details of Product Specific Guarantee Information
(c) The Annual Service Plan
I confirm that I have read and understand that this contract is legally binding.
Customer: sample only___________________________ Date: sample only________________
- THESE TERMS:
1.2 These are the terms and conditions on which we supply products. If we have agreed to install or maintain the products, then these terms and conditions also apply to those services.
- OUR PRODUCTS AND SERVICES:
2.1 We supply flood mitigation products which are intended to assist in the protection of domestic and light commercial properties from flooding. Our products cannot stop flooding or the ingress of water but are designed to help slow it.
2.2 The products and any services that we have agreed to supply to you are set out in the invoice which we have sent you.
2.3 We shall not be responsible for installing the products unless that is stated on the invoice.
2.4 We shall not be responsible for maintaining the products after the first 12 months, if you have not taken out the Annual Service Plan.
2.5 Whatever we agree to do is governed by these terms and conditions.
2.6 The images of the products in our brochures and on our website are illustrations only. There may be minor variations. Your product may vary slightly from those images.
2.7 Packaging of products may vary from that shown in images in our brochure and on our website.
2.8 If we are making the product to measurements which you have given us then you are responsible for ensuring that these measurements are correct. If in doubt you should get a professional to check them, before we order your products.
2.9 We warrant our products as set out in the Warranty at the end of these terms.
3.1 If you wish to make a change to what you have ordered please contact us. We will let you know if the change is possible and what changes to price, timing of supply or anything else which may result and ask you to confirm whether you wish to go ahead with the change(s). If we cannot make the change or the consequences of making the change are unacceptable to you, you must proceed with your original order.
3.2 We may make minor changes in the product or services which we provide in order:
(a) To reflect changes in relevant laws or regulatory requirements or standards;
(b) To make technical adjustments and improvements.
3.3 If we need to make more substantial changes we shall inform you. If you do not agree then you may ask for a refund or any price or part of the price paid for which products have not been received.
4.1 We will deliver products by the proposed delivery date which we notify to you or if we do not achieve that as soon as practicable.
4.2 If we are installing the products then we shall do so within a reasonable time of delivering them provided that you provide access for us to do so and site and weather conditions permit.
4.3 If you require maintenance after the initial 12 months, we can provide that through our Annual Service Plan, please contact us for details and the fees this.
4.4 If our supply is delayed by an event outside of our control we will contact you as soon as possible to let you know and do what we reasonably can to minimise the effect of the delay. Provided we do this; we will not be liable for delays caused by the event.
4.5 If there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products or services you have paid for but not yet received. You must however give us a reasonable opportunity to make delivery first.
4.6 If you do not allow us access to deliver products or services (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result.
4.7 If we miss the proposed delivery date then you may treat the contract as at an end straight away only if you had told us before we entered into this contract that it was essential that we should meet the proposed delivery date and we either agreed to it in writing or it was obvious that it was essential from all the relevant circumstances.
4.8 If you do not wish to treat the contract as at an end straight away, or do not have the right to do so, you can give us a deadline for delivery, which must be discussed, be reasonable and agreed, and you can treat the contract as at an end if we do not meet the new deadline.
4.9 Unless we are also installing them, the products become your responsibility from the time we deliver them. Otherwise it is when we have installed them.
4.10 You will become the owner of products once we have received payment in full. We may take back products for which you have not paid at any time before they become fixed to a property.
4.11 We may need certain information from you so that we can supply products or services. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work or cost incurred. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
4.12 We may have to suspend the supply of products or services to:
(a) Deal with technical problems or make minor technical changes.
(b) Update the product to reflect changes in relevant laws and / or regulatory requirements.
(c) Make changes to the product.
4.13 If we have to suspend for longer than 42 days you may cancel.
4.14 If you do not pay us for the products when you should we may suspend supply until you do pay us.
- YOUR RIGHTS TO END THE CONTRACT:
5.1 Your rights to end the contract will depend on what you have ordered, whether there is anything wrong with it, how we are performing and when you wish to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract or to get the product repaired or replaced or a service re-performed or to get some or all of your money back.
(b) If you have just changed your mind about the product, then you may be able to get a refund only if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the return costs of goods.
5.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products which are not bought at our premises you have a legal right to change your mind within 14 days and receive a refund. These rights (under the Consumer Contracts Regulations 2013) are stated in more detail in these terms. Nothing in these terms restricts those rights.
5.3 You have 14 days from when you sign this contract or receive our products to cancel. You must give us notice of this.
5.4 You may also be able to cancel 14 days after you have received our products but only if the products have not been made to your specifications or specifically for you or your property.
5.5 If you cancel after we have started the services you must pay us for the services which we have already provided up until the time you tell us that you have changed your mind.
5.6 You must return any goods to us or (if they are not suitable for sending) allow us to collect them from you. You must send off the goods within 14 days of telling us you wish to cancel.
5.7 We will pay the costs of return:
(a) If the products are faulty or misdescribed.
(b) If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something which we have done wrong.
In all other circumstances you must pay the costs of return.
5.8 We will refund the price you paid for the products including delivery costs, by the method you used for payment. We may make deductions as described below.
5.9 If you are exercising your right to cancel:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a store. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you informed us in writing that you had changed your mind. The amount will be in proportion to what has been done compared with the complete service.
5.10 We will make any refunds due to you as soon as we are able. If you are exercising your right to cancel, then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
(b) In all other cases, your refund will be made within 14 days of your informing us in writing that you have changed your mind.
- MAINTENANCE & SERVICE:
6.1 For the first 12 months after installation, the company will cover any faulty parts or materials and labour. This does not apply if the product has been misused or damaged by the customer as it covers only reasonable use.
6.2 If you do not take the Annual Service Plan or if you have and do not allow us to carry it out, then it will mean that your products are no longer covered after your initial 12 months’ product guarantee period. The Annual Service Plan is a chargeable annual requirement. Your other rights will not be affected. For details on the Annual Service Plan contact us at firstname.lastname@example.org.
7.1 If you have any questions or complaints about the products, please do not hesitate to contact us Free on; 0800 9995355
7.2 We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
|Summary of your Key Legal Rights:|
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website; www.adviceguide.org.uk or call: 0345 4040506.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights include the following
·Up to 30 days: if your item is faulty, then you can get a refund.
·Up to 6 months: if your faulty item cannot be repaired or replaced, then you are entitled to a full refund, in most cases.
For services, the Consumer Rights Act 2015 says:
You can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we cannot fix it within a reasonable time.
7.3 If you wish to exercise your legal rights to reject products you must either return them or allow us to collect them from you. We will pay the costs.
- PRICE & PAYMENT
8.1 The price that you must pay is on our invoice.
8.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
8.3 You must pay us in accordance with the payment terms on our invoice.
8.4 You will be liable to pay us even if you are intending to obtain the money from a third party.
8.5 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the bank base rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU:
9.1 Our products cannot stop flooding but are designed to reduce its effects.
9.2 We shall not be liable for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products which are: that they are as described in the warranty and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; reasonably fit for the purpose of reducing the effect of flooding; that services are supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
9.3 Where we are supplying products only and not installing them our liability will normally be limited to replacing any defective product or part.
9.4 If we are providing services in your property, we will make good any damage to your property negligently caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
9.5 We only supply products for domestic and light commercial use. If you use the products for, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- ADDITIONAL PRODUCT GUARANTEES:
10.1 In addition to your statutory and contractual rights we provide offer an additional parts and labour guarantee beyond the first 12 months from installation date on certain of our products; provided that we install them and service them annually.
NB: If you do not have your products serviced annually by an approved installer of The Flood Company Commercial Ltd, your product guarantee will become invalid from the first anniversary date of installation as it is recommended that flood protection products are maintained annually to ensure their optimum functionality.
The price for annual servicing will be subject to reasonable increases from time to time to reflect changes in costs and inflation.
10.2 In order to qualify for additional product guarantee you should:
(a) Appoint us to service and maintain your flood mitigation products and to replace any work or broken parts (unless they were defective when supplied). Please note; full payment is required before the service can take place.
(b) Promptly inform us of any damage to the product
(c) Take proper care of the product and protect it from undue damage.
- HOW WE MAY USE YOUR PERSONAL INFORMATION:
11.1 We will use the personal information you provide to us:
(a) To supply the products to you.
(b) To process your payment for the products and
(c) If you agreed to this during the order process, to give you information about similar products that we provide, you may stop receiving this at any time by contacting us.
11.2 Where we extend credit to you we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
- OTHER IMPORTANT ITEMS:
12.1 We may assign our rights and obligations under these terms to another organisation.
12.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our additional product guarantee to a person who has acquired the property where it is installed provided that the person to whom the guarantee is transferred provides reasonable evidence that they are now the owner of the property and pay or undertake to pay the ongoing servicing charges. This can only be done if you have taken the Annual Service Plan from the first anniversary of your installation date and every year thereafter. NB: The maximum guarantee period available is five years from installation.
12.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, except in respect of our guarantee.
12.4 Each of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English and Welsh courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Ireland or the English courts.
13.1 We The Flood Company Commercial Ltd warrant that our products have been suitably tested against the standard tests defined in Publicly Available Standard PAS-1188 (where applicable) which represents the typical conditions that might be experienced during a flood in the United Kingdom.
13.2 Our products are for use on domestic and light commercial properties of standard construction only; and are not recommended for use on rendered walls or non-standard buildings.
13.3 We The Flood Company Commercial Ltd warrant that our products when they are installed and maintained properly by The Flood Company Commercial Ltd, are effective in slowing the ingress of water into a property that is otherwise sound, properly maintained and has structural integrity.
Nothing in these Guarantees affects your Statutory Rights