For supply of goods and services
1 DEFINITIONS
In this document the following words shall have the following meanings:
1.1 “Customer” means any person who purchases Goods and Services from England’s Finest (referred to in this document as EF)
1.2 “Goods” means the articles specified in the Proposal;
1.3 “Proposal” means the statement of work, quotation or other similar document describing the Goods and Services to be provided by EF attached to these Terms and Conditions
1.4 “Services” means the services specified in the Proposal;
1.5 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by EF
2 GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by EF to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by EF
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which EF may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
3 THE ORDER
3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of 7 days. No contract between EF and the Customer shall come into force until the Customer has accepted the Proposal.
3.2 The Customer shall be deemed to have accepted the Proposal by placing an order in writing or following the link via xero and accepting via this link with EF (“the Order”) along with a 50% non refundable deposit, within the period specified in Clause 3.1.
3.3 All Orders for Goods and Services, whether verbal or in writing shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
3.4 EF reserve the right to withdraw or amend any quotation without notice before acceptance of the Proposal has been received from the Customer.
3.5 On acceptance of the Proposal EF will order the Goods as detailed in the Proposal. If subsequent to this order being placed the Customer cancels the Order the Customer will be liable for any costs incurred by EF in the proper performance of the Order for Goods or time to that date.
3.6 The person giving instructions to EF or ordering work or materials will personally be deemed to be the Customer unless it is made clear to EF who the Customer is.
4 PRICE AND PAYMENT
4.1 The price for the Goods and Services is as specified in the Proposal and is inclusive of VAT and any applicable charges outlined in the Proposal.
4.2 Payment of the price shall be in the manner specified in the Proposal. Time for payment shall be of the essence of the contract.
4.3 If the Customer fails to make any payment on the day of it becoming due, EF shall be entitled (a) to charge interest at the rate of 5.00% per month as well before as after judgment on the outstanding amounts from the due date to date of payment (b) without any liability to the Customer to cease any uncompleted work.
4.4 The Customer must notify EF of any variation to the Proposal and EF (if it agrees the variation) reserves the right to adjust the price accordingly.
5 DELIVERY
5.1 The date of delivery specified by EF is an estimate only. Time for delivery shall not be of the essence of the contract and EF shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
5.2 All risk in the Goods shall pass to the Customer upon delivery.
5.3 Where the Goods are faulty or do not comply with any of the contract, the Customer must notify EF within 1 day of delivery and the Customer shall be entitled to replacement Goods. After 1 day the Customer shall be deemed to have accepted the Goods and shall not after that time be entitled to reject them.
5.4 The Customer shall make all arrangements to take delivery of Goods whenever they are tendered for delivery
6 TITLE
6.1 Title in the Goods and materials shall not pass to the Customer until EF has been paid in full in accordance with these Terms and Conditions
6.2 Should payment not be made in accordance with these Terms and Conditions EF reserves the right (and shall be allowed access by the Customer) to remove any Goods or materials supplied or fitted by EF.
6.3 The cost of any damage caused by such removal will not be borne by EF.
7 CUSTOMER’S OBLIGATIONS
To enable EF to perform its obligations the Customer shall:
7.1 Co-operate with EF;
7.2 Make the site available to EF for the duration of the works and ensure a free safe supply of necessary services and utilities
7.3 Provide EF with any information reasonably required
7.4 Obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer;
7.5 Comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
7.6 The customer will be responsible for removing any items that may be accidentally damaged during the works carried out by EF, such as carpets, pictures ornaments electrical items etc. EF will not be held responsible for damage to items not removed from the working area.
8 GUARANTEES
8.1 Materials and Goods supplied by EF shall be of merchantable quality and fit for their normal purpose
8.2 EF shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.3 EF accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
8.4 In addition to the Customer’s statutory rights, EF guarantees all materials against faulty workmanship for the period of 12 months from final invoice date.
8.5 Goods supplied by EF are guaranteed for the period and on the terms as specified by the manufacturers warranty applicable to the Goods
8.6 All services are guaranteed by EF for the period specified in the Proposal.
8.7 EF will at all times have Public Liability Insurance in place.
9 LIMITATION OF LIABILITY
9.1 Provided that nothing in these Terms and Conditions shall exclude or limit the liability of EF for death or personal injury, EF shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
9.2 Except to the extent precluded by law, EF shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
9.3 EF will not be liable for the fitness for a particular purpose (other than their normal purpose) of any materials or Goods or Services unless that particular purpose has been notified to EF in writing prior to the date of this Proposal
9.4 `Where the Customer supplies Goods or materials EF accept no responsibility for any defects or damage and offers no guarantee for these Goods or materials.
9.5 For the avoidance of doubt, time shall not be of the essence and EF shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
9.6 In an instance where EF have drained heating system to fit a radiator or towel rail no liability will be accepted for boiler or system failure following refill of system
10 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
11 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
12 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.