Terms & Conditions
- THESE TERMS
1.1. What these terms cover. These are the terms and conditions on which we supply goods and services to you. The goods are those described on the specification page of the attached quotation. The services are the design and installation of those goods as detailed in the attached quotation. Together the goods and services comprise the project.
1.2. Why you should read them. Please read these terms carefully before you sign the quotation attached to these terms. These terms together with the quotation (once accepted) form the contract. These terms tell you who we are, how we will deliver the project, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in the quotation, these terms or anything else concerning the contract, please contact us to discuss.
1.3. In the event of a discrepancy between these terms and the quotation, the quotation shall prevail.
- INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are Point 1 Building Systems Limited, a company registered in England and Wales. Our company registration number is 8540702 and our registered office is at Unit 5, Knights Park, Hussey Road, Shrewsbury, SY1 3TE. Our registered VAT number is 163232141.
2.2. How to contact us. You can contact us by telephoning 01743 460066 or by writing to us via email at firstname.lastname@example.org or by post at Unit 5, Knights Park, Hussey Road, Shrewsbury, SY1 3TE.
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us as set out on the cover of the quotation.
2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
- OUR CONTRACT WITH YOU
3.1. Quotes. All prices quoted and contracts are valid for the fixed price period as stated on page 2 of the quotation.
3.2. How we will accept your order. Our acceptance of your order will take place when we receive your signed quotation documents, at which point a contract will come into existence between you and us.
3.3. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the goods or services or because we are unable to meet a delivery deadline you have specified.
3.4. Your reference number. We will assign a reference number to your order which is stated on the front of the quotation. It will help us if you can tell us the reference number whenever you contact us about your order.
- THE GOODS
4.1. Making sure your measurements are accurate. We are making the goods to measurements your architect has given us. Your architect is responsible for ensuring that these measurements are correct.
- YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the project please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the project, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
- OUR RIGHTS TO MAKE CHANGES
6.1. Minor changes to the project. We may change the project:
6.1.1. to reflect changes in relevant laws and regulatory requirements; and
6.1.2. to implement minor technical adjustments and improvements. These changes will not affect your use of the goods.
- PROVIDING THE GOODS AND SERVICES
7.1. Delivery costs. The costs of delivery of the goods and services to the location address stated on the cover of the quotation are included in the price of the project.
7.2. When we will provide the goods and services. We will supply the goods and services to you in accordance with the schedule of works set out in the quotation. During the project process we will let you know when we will deliver the goods and services to you as soon as reasonably possible. We will begin the design services 15 days after the date we accept your order or earlier, with your agreement. This allows you a 14-day cooling-off period within which you have the right to change your mind (see clause 8 for more details). Please note that, if you require us to short work before the end of the cooling off period, then you must pay us for services provided up to the date you cancel (see clause 8.3 for more details). We will contact you after we accept your order to agree a delivery date for the goods. We will begin the installation services on the date we agree. The estimated completion date for the services is as told to you during the order process.
7.3. We are not responsible for delays outside our control. If our supply of the goods or services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any part of the project you have paid for but not received.
7.4. If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.
7.5. When you become responsible for the goods. The goods will be your responsibility from the time we deliver the goods to the location address stated on the cover of the quotation.
7.6. When you own goods. You own the goods once we have received payment in full.
7.7. What you must do. It is your responsibility to co-operate with us in the installation of the goods by making the areas where the goods are to be installed ready, removing any items which will stop or hinder us in the installation and to protect your items or possessions from the effects of us installing the goods. In particular you must:
7.7.1. provide us with any information we reasonably require in a timely manner, and ensure that it is accurate in all material respects;
7.7.2. obtain and maintain all necessary licences and consents which may be required before the commencement of the services (at your expense);
7.7.3. comply with any additional responsibilities as set out in the quotation or otherwise agreed between us.
7.8. What will happen if you do not give required information to us. If you do not comply with your obligations in clause 7.7 within a reasonable time of us asking you to, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods late or not supplying any part of them if this is caused by you not complying with your obligations or giving us the information we need within a reasonable time of us asking for it.
7.9. Reasons we may suspend the supply of goods or services to you. We may have to suspend the supply of a goods or services to:
7.9.1. deal with technical problems or make minor technical changes;
7.9.2. update the goods to reflect changes in relevant laws and regulatory requirements;
7.9.3. make changes to the project as requested by you or notified by us to you (see clause 6).
7.10. Your rights if we suspend the supply of goods or services. We will contact you in advance to tell you we will be suspending supply of the goods or services, unless the problem is urgent or an emergency. You may contact us to end the contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 28 days and we will refund any sums you have paid in advance for the goods or services in respect of the period after you end the contract.
7.11. We may also suspend supply of the goods and services if you do not pay. If you do not pay us for the goods and services when you are supposed to (see clause 12.3) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the goods and services until you have paid us the outstanding amounts. We may also suspend supply of goods and services if we have reasonable belief that you may not pay the amounts you owe us and we have requested you to explain the position and you have failed to do so satisfactorily. We will contact you to tell you we are suspending supply of the goods and services. We will not suspend the goods and services where you dispute the unpaid invoice (see clause 12.5). As well as suspending the goods and services we can also charge you interest on your overdue payments (see clause 12.4).
- YOUR RIGHTS TO END THE CONTRACT
8.1. You can end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
8.1.2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3. If you have just changed your mind about the services, see clause 8.3. You may be able to get a refund if you are within the cooling-off period (unless you have refrained in writing from asserting you rights), but this may be subject to deductions. Note that because the goods are made to measure, you cannot change your mind about the goods after we have accepted your order;
8.1.4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.4.
8.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out in sub-clauses 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any goods or services which have not been provided. The reasons are:
8.2.1. we have told you about a material upcoming change to the project or the contract which you do not agree to.
8.2.2. we have told you about an error in the price or description of the goods or services you have ordered and you do not wish to proceed;
8.2.3. there is a risk that supply of the goods or services may be significantly delayed because of events outside our control;
8.2.4. we have suspended supply of the goods or services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 28 days; or
8.2.5. you have a legal right to end the contract.
8.3. How long do I have to change my mind? You have a legal right to change your mind about receiving the services and receive a refund. You have 14 days after the day when you return your signed contract documents to us. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
8.4. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the goods are delivered. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for goods and services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of you ending the contract.
- HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1. Tell us you want to end the contract. To end the contract with us, please let us know by calling us on 01283 888650 or emailing us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. Alternatively you can complete the cancellation form attached to the contract and post it to us at the address on the form.
9.2. Returning the goods. We will pay the costs of returning the goods:
9.2.1. if the goods are faulty or misdescribed.
9.2.2. if you are ending the contract because we have told you of an upcoming change to the goods 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.
9.2.3. if you are exercising your right to change your mind.
In all other circumstances you must pay the costs of return. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection.
9.3. How we will refund you. We will refund you the price you paid by the method you used for payment.
9.4. Deductions from refunds. If you are exercising your right to change your mind, 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 told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.5. When your refund will be made. We will make any refunds due to you as soon as possible. Your refund will be made within 14 days of your telling us you have changed your mind.
- OUR RIGHTS TO END THE CONTRACT
10.1. We may end the contract if you break it. We may end the contract at any time by writing to you if:
10.1.1. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
10.1.2. you do not, within a reasonable time of us asking, comply with your obligations in clause 7.7 or provide us with information that is necessary for us to provide the goods and services;
10.1.3. you do not, within a reasonable time, allow us to deliver the goods to you;
10.1.4. you do not, within a reasonable time, allow us access to your premises to supply the services.
10.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for goods or services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- IF THERE IS A PROBLEM WITH THE GOODS OR SERVICES
11.1. How to tell us about problems. If you have any questions or complaints about the goods or services, please contact us. You can telephone us on 01283 888650 or write to us at firstname.lastname@example.org or at Dunbar House, Archers Way, Shrewsbury, SY1 3GA.
11.2. Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must allow us to collect them from you. We will pay the costs of collection.
- PRICE AND PAYMENT
12.1. Where to find the price for the goods and services. The price of the goods and services together with VAT (if applicable) will be the price indicated on the cost summary page of the quotation. We take all reasonable care to ensure that the price of the goods and services advised to you is correct.
12.2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the goods and services, we will adjust the rate of VAT that you pay, unless you have already paid for the goods and services in full before the change in the rate of VAT takes effect.
12.3. When you must pay and how you must pay. We accept payment by BACS bank transfer, cash or cheque. When you must pay is defined within the contract document and depends on the stage of the project. Unless we agree otherwise in writing, you must make an advance payment of 20% of the price of the project, before we start providing the design services. We will invoice you for 75% of the price of the project following completion of the design services. We will invoice you for the balance of the project price when we have completed the installation services.
12.4. We can charge interest if you pay late. 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 4% a year above the base lending rate of NatWest Bank plc 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 judgment. You must pay us interest together with any overdue amount.
12.5. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2. When we are liable for damage to your property. We will make good any damage to your property 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.
13.3. We are not liable for business losses. We only supply the goods and services for domestic and private use. If the project is for any commercial, 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.
14.1. How we will use your personal information. We will use the personal information you provide to us:
14.1.1. to supply the goods and services to you;
14.1.2. to process your payment for the goods and services.
- OTHER IMPORTANT TERMS
15.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3. Nobody else has any rights under the contract. The contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4. If a court finds part of the contract illegal, the rest will continue in force. Each of the paragraphs 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.
15.5. Even if we delay in enforcing the contract, we can still enforce it later. 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 the 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. For example, if you miss a payment and we do not chase you but we continue to provide the goods or services, we can still require you to make the payment at a later date.
15.6. Which laws apply to the contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the project in the English courts. If you live in Scotland you can bring legal proceedings in respect of the project in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the project in either the Northern Irish or the English courts.
Sche Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
Point 1 Building Systems Limited
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service,
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.