terms and conditions
1. These Conditions apply to the attached Quotation and Referenced Documents and
together form the entire Contract arising between Property Solutions (the Company)
and the addressee (the Customer) for the supply and installation of the Goods and
Works so described for the Price.
GOODS
2. The Goods and Works are described in the Quotation and comply with relevant
current British Standards unless otherwise stipulated. The Goods and Works include
Ancillaries including ironmongery, other fitments, finishes or other specialist trades
unless otherwise stated in the Quotation.
3 . All Goods are bespoke and made to measure, therefore become 100% chargeable
once put into manufacture, which is initiated when the formal quotation is agreed and
confirmed by the Customer.
DELIVERY AND RISK
4. The Place of Delivery is at the Company’s premises unless otherwise stated. If the
Price includes ‘delivery’ to a different location, the Company shall arrange for the
transport of Goods to the agreed address, for prompt unloading by the Customer.
5. Risk in the Goods passes to the Customer on Delivery. The Customer shall allow or
pay the Company costs arising from a late acceptance or missed Delivery.
6. The Customer shall carefully inspect each Delivery and sign a Delivery Note to accept the quality, condition and quantity of Goods. Any deficiency is to be recorded on the Delivery Note and separately notified to the Company in writing within 48 hours of Delivery.
7. The Customer is not entitled to reject the Goods.
WARRANTIES AND LIABILITY
8. The Company does not Manufacture any Goods. The Company sources all Goods and Materials from Third Party Manufactures. Any Defect found; The Company will hold the relevant Manufacture to account.
9. A Defect is a material difference between the Goods and the description in the quotation, except differences in quantity. A Defect excludes matters arising from acts or omissions of the Customer or others for which the Company shall have no liability. Such matters include attempts to repair or modify the Goods or any failure to (i) store Goods appropriately (ii) Manufacture error of design (iii) Manufacture damage (iv)
10. The Company shall repair or replace at its discretion Goods shown to have a Defect on Delivery. The Company shall repair, replace or refund the Price of Goods at its discretion if a Defect due to faulty workmanship or materials becomes apparent and the Company is notified in writing within 3 months of Delivery and/or completed works.
11. The Company’s liability for any Defect or difference in quantity or delay in or failure of Delivery (i) is limited to the Price of the relevant Goods; (ii) excludes economic loss, damages or charges imposed by others for delay or loss of use; iii) excludes damage to or the cost for the removal and replacement of materials other than the Goods; and (iv) an action therefor shall not be brought after the expiration of 3 months from the date or intended date of Delivery.
12. The Company is not liable for a failure to supply Goods due to shortage of labour or materials, plant breakdown, acts of God, adverse weather, war, riot, government action, embargoes, strikes by third parties or force majeure. In such events the Company may give notice to the Customer and terminate further performance of the Contract.
13. The Company is not liable for any delay or error made by a third-party manufacture where Goods are sourced. The Company will ensure any issues with the products prior to delivery or installation are communicated within 48 hours, along with a reasonable alternative.
14. The Company has a Warranty of works, which is sent at Completion of works.
PRICES AND PAYMENT
15. The Price excludes VAT in accordance with the Value Added Tax Act 1994 and other imposts, unless expressly stated, which sums shall be added to any Payment.
16. Any additional Works identified whilst an Installation is underway, will be Quoted for by The Company and formally accepted and agreed by the Customer before being completed. Where this causes a delay or a change in agreed Installation dates, The Company will try to accommodate to complete all agreed Works within a reasonable timescale.
PROPERTY SOLUTIONS
17. No deposit will be required once works have been confirmed and agreed.
18. Payment in full is due on the day of the Installation Completion unless otherwise agreed in writing. Interest shall be added to overdue Payments in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
TITLE
19. Ownership of the Goods (i) remains with the Company until the Customer has made all Payments due and all payments due under any other contract with the Company.
20. Until Ownership passes to the Customer it shall (i) store or use the Goods such that they are identified as the property of the Company; and (i) insure the Goods against all insurable risks for the Price and hold the proceeds on trust for the Company.
21. If Payment or payment for other goods or services supplied to the Customer by the Company is overdue, the Customer grants to the Company a licence to enter any property to which the Customer has access and to separate, detach, seize and sell the Goods or goods without prejudice to other rights of the Company.
DESIGN
22. The Price includes the Company taking accurate measurements to submit to a Manufacture of Goods, along with the design which is confirmed and approved by the Customer within this Contract. In doing so the Company shall exercise their skill, care and diligence expected of a specialist glazing company, when agreeing the final design but any warranty of fitness for purpose is expressly excluded. Approval or failure to disapprove by the Customer shall be construed as acceptance that the proposals satisfy its requirements.
23. The supply of any drawings or designs or Goods by the Company is not and shall not be construed as any licence to the Customer to copy or use any intellectual property therein other than as expressly provided in the Contract.
24. The Customer indemnifies the Company from liability for any infringement of copyright or design rights arising from the use of drawings or designs provided to the Company in pursuance of the Contract.
SOCIAL MEDIA
25. By agreeing to this Contract of Quoted Works, the Customer is permitting The Company to use and share images of the Work and Goods carried out on their social media platforms, unless otherwise agreed in writing. The images will be specific to the Work and Goods only, and usually capture a ‘Before and After’, listing the details. The Company will not share any personal details that capture address or identity of the Customer.