Terms and Conditions
TERMS AND CONDITIONS OF SALE
Please read these terms and conditions carefully. If You have any questions please contact us at the address set out in the glossary.
1. ACCEPTANCE OF ORDERS
1.1 You make an offer to buy by signing the quotation or by placing an order, which We accept when We receive the first instalment of the price of the Goods.
1.2 We are not bound to accept your order. You will be responsible for its accuracy and any specifications contained within it.
1.3 The quality, quantity, description and any specification of the Goods shall be as set out within the quote or the order. If there are any inconsistencies between the quote and order, then it is the order that will apply.
2. RELIANCE ON CONDITIONS/REPRESENTATION
2.1 The contract shall be on these conditions only, unless any change is agreed in writing and signed by you and one of our directors.
2.2 You should not rely on promises made by anyone other than us or our authorised representatives.
2.3 Please read any literature we provide and follow our advice or recommendations.
3.1 You may visit our premises if you wish to check specifications of goods.
3.2 Except where it is provided by you, all intellectual property rights in the specification are owned by us.
3.3 In order to continually improve our services, we make small changes to specifications from time to time.
4. PRICE AND PAYMENT
4.1 The price for the goods is as set out in the quotation plus VAT unless stated otherwise. The price is valid for 6 weeks from the date of quotation.
4.2 A £300 drawings deposit will be taken if scale drawings are made, this will be refunded by way of credit towards the final cost of the project
4.3 Any deposits taken are insured against by The Annex Norfolk Limited
4.4 You will pay the price for the goods in two instalments. The first instalment of 25% is non-refundable, and the final instalment will be due upon receipt of the goods. Payment is only made when we have received cleared funds into our bank account.
4.5 If you fail to make payment on the due date, we shall be entitled to a) cancel the contract and/or b) charge you interest on the amount unpaid at the rate of 3% interest above Lloyds Bank PLC base rate, and/or c) make a claim against you for the unpaid amount.
4.6 We may seek to reclaim any reasonable costs incurred in collecting outstanding sums, including but not limited to lawyers’ fees and bank charges.
5.1 Delivery takes place at your premises, or another suitable location specified at the time of ordering, unless you collect the goods from us. You become responsible for the goods after delivery has taken place.
5.2 We will try to deliver goods on any agreed date and at a reasonable time.
5.3 We will not be liable to you for any unforeseeable loss, damage or expense that you may incur to you, directly or indirectly, from any delay in delivery that may arise from circumstances outside of our control.
5.4 A delivery or collection note signed by you is proof of delivery
5.5 If you fail to take delivery of goods, or we cannot deliver them because we have been given inadequate instructions, permission/access, our responsibility for the goods will end on the agreed delivery day (except for damage caused by our own negligence) and you will pay our reasonable costs, including insurance, of storage until actual delivery.
5.6 If you do not take delivery of the goods within 21 days from the agreed delivery date, we may sell the goods at the best possible price.
5.7 We will only be liable for non-delivery of goods if you have given us written notice within 7 days of the agreed delivery date. Our liability will be limited to the replacement of goods within a reasonable time or by issuing a credit note against them.
6.1 You must insure that the premises are ready for installation on the agreed date.
6.2 After delivery, you will care for goods and materials left at the premises and insure against any loss or damage that might occur to them.
6.3 You will obtain all the consents necessary for the installation and storage of any goods and satisfy yourself that the installation and storage of such goods is in accordance with any relevant by-laws, regulations or laws.
6.4 We will not attempt to determine that any part of the existing structure is suitable for the installation and we will not be responsible for any damage to the premises (except for damage caused by our negligence or breach). We will not carry out any structural alterations, building, decorating, electrical, plumbing or heating work to or at the premises. We will only be responsible for damage caused to plastering, tiling or decorations if such damage is beyond what we consider to be reasonably commensurate with the installation of the goods caused by our negligence.
7.1 The quality and finish of the goods will be reasonably compliant with generally recognised industry standards, as decided by an independent expert.
7.2 If a colour or finish specified in the contract is by reference to a sample or description, it is possible that the goods may not be a perfect match. If you notify us within 7 days of the delivery of the goods, we will replace or refund any part of the except as excluded in these conditions. We will make good free of charge any defects in goods manufactured by us which under proper use, appear in the goods component parts, within 2 tears of installation which are due to faulty materials, workmanship, or design. Any third-party goods such as appliances, granite or moving components will be subject to that of the manufacturers guarantee.
8. TITLE AND RISK
8.1 Until you have paid for the goods in full you agree to a) store the goods separately to other property so they are easily identifiable as our property b) not to destroy or obscure any identifying mark of packaging on the goods and c) maintain the goods in a satisfactory condition and insure them accordingly. In the event of loss or damage, you shall hold the proceeds of such insurance on our behalf.
8.2 You may attach the goods to your property, provided they can be removed without causing damage (other than superficial) to your property.
8.3 If you do not pay for the goods by the due date, you agree that we may, on giving reasonable notice, enter the premises to inspect the goods, or if you are no longer entitled to possess the goods, to recover them from your property.
9 OUR LIABLILTY
9.1 You agree to examine the goods after delivery and notify us in writing of any apparent damage, defect or shortage as soon as reasonably possible. If we do not receive such written notification then we will be deemed to have properly performed our obligations under the contract.
9.2 We will not be liable for any loss, damage, costs, expenses or liability you incur arising out of any infringement of any intellectual property right of any person or any claim illegally resulting from our use of any specification or materials. We will not be liable to you for any defects in the goods brought about by your failure to properly store the goods, in accordance with clause 6.2.
9.3 Will not be responsible for damage to goods as a result from fair wear and tear, wilful damage caused by you or any third party, accident or negligence caused by you or a third party, use of the goods outside of the recommendations as outlined by us, including failure to follow our instructions or alteration or repair carried out without our approval.
9.4 Subject to clauses 9.3 and 9.5 our liability for defective goods will be limited at your option to a) replacing the goods b) rectifying such defects at our own expense (provided you give us full facilities at a reasonable time to remedy such defects) or c) granting you a full or partial refund or credit note for the appropriate part of the price of goods.
9.5 Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, under section 2 (3) of the Consumer Protection Act 1987 or for any other liability that cannot be restricted by law.
10 YOUR CANCELLATION RIGHTS
10.1 You may cancel the contract by giving us written notice a) if we do not fulfil our obligations under the contract or b) within 7 days of you being informed of a price increase on the goods under clauses 4.3 or 4.4.
10.2 You may also cancel the contract by giving written notice in accordance with the provisions of the notice of your right to cancel the contract at any time within the period of 7 days starting with the date of receipt of such notice
10.3 If you cancel the contract under clauses 10.1 or 10.2 we will return any instalments of the price of the goods which you have already paid to us.
11 OUR CANCELLATION RIGHTS
11.1 If you commit a serious breach in the contract which is not rectified within 21 days of receiving notice from us, we may cancel the contract immediately on written notice.
11.2 If you fail to make payment upon the date payment is due, we may cancel the contract on giving 14 days notice.
11.3 We may cancel the contract if you a) become the subject of bankruptcy b) acting reasonably we have serious doubts as to your solvency, or c) upon your death or mental incapacity.
11.4 If we cancel the contract under clauses 11.1, 11.2, or 11.3, a) you will immediately pay any outstanding sums owed to us, along with any reasonable expenses incurred by us in performing all or part of the contract, b) we may cancel any other contract made by us with you and c) we have the right , upon giving reasonable written notice, to enter the premises and remove any goods and materials which belong to us.
11.5 Our rights under these conditions do not prevent us from exercising any other means or rights recover amounts due to us for goods delivered to date and any loss damage, cost, expenses or liability that we have sustained.
12.1 We are not liable to you for any delay or failure to perform our obligations under the contract if it is due to an event beyond our reasonable control.
12.2 If a court finds any part of these conditions void or unenforceable then that part of the conditions shall be deleted, the remaining provisions however will still apply in full.
12.3 If we do not fully exercise one or more of our rights under these conditions, this does not prevent us from exercising any rights in the future.
12.4 The contract is personal to you, and cannot be transferred without prior written consent from us.
12.5 Unless we notify you otherwise, any notice given under the contract should be in writing addressed to us to the address in the glossary. We will send any notices to you to the address given in the documents forming the contract.
12.6 No party except you or us may exercise any rights in respect of this contract under the Contracts (Rights of Third Parties) Act 1999m ( as may be amended or extended)
12.7 These conditions and the contract are governed by English law, and both you and us submit to jurisdiction of the Courts of England and Wales.
13.1 Words in the singular include plural and vice versa
13.2 Clause headings do not affect the interpretation of these conditions
13.3 General words such as “include” or “including” shall not be given a restrictive meaning.
“We/us/our” means The Annex Norfolk Limited (Company number: 08195273) whose registered head office is at 133 Unthank Road, Norwich, Norfolk, Nr2 2pe
“The contract” means the contract for the provision of the goods made between you and us, which includes these conditions, quotation and any special terms and conditions agreed between you and us.
“You/your” means the person(s) who purchase the goods from us.
“The goods” means any goods agreed in the contract to be supplied by us to you.
“Order” means any order for the goods submitted by you to us.
“Quotation” means our standard form written quotation for the goods.
“The Premises” means the premises in which the goods are to be installed.
“VAT” means value added tax and any other taxes in force.
“Writing” includes facsimile transmission and emails.
Where we cannot resolve any complaints using our own complaints procedure, as a Which? Trusted trader we use Dispute Resolutions Ombudsman for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact 0117 981 2929 or via the website http://www.disputeresolutionombudsman.org/which-trusted-traders-partnership