Terms and Conditions
VAT number: 794 8007 94
The wording below states the terms and conditions on which Castles Carey is prepared to provide certain products and related services to you.
1. Entering into a legally binding contract: A contract between you and us comes into being in one of two ways:
- Where you sign the quotation you and we will enter into a legally binding contract on the date you sign and
- Where you and we agree orally that we should provide the products or Services after you have received our estimate or quotation then there will be a legally binding contract on the date of our oral agreement. We suggest that before you sign the quotation or orally agree to us providing products or Services that you read through these terms and conditions. If you have any questions concerning them please ask us.
2. Days and times when we normally provide the Services: We will advise you of an estimated time scale for completion of the services and will agree with you when the services will be carried out.
3. Timing: We aim to carry out the Services by the dates and times we either agree with you or notify to you. we cannot guarantee or provide a firm commitment that: a) we will start performing the Services by a specified date or time or b)we will complete the performance of all the Services by any specified date or time or c) the performance of any individual part of the Services will be completed by a specified date or time. Situations or events outside our reasonable control: There are certain situations or events which occur which are not within our reasonable control. Where one of these occurs we will normally attempt to recommence performing the Services as soon the situation which has stopped us performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services. The following are examples of events or situations which are not within in our reasonable control: where weather conditions make it impossible or unsafe for us to perform any of the Services; if Materials that are ordered are not delivered on the date or time agreed with the supplier of the Materials (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time, or the price charged by the alternative supplier is excessively higher than by the original supplier); where you make a change in the Services you wish us to perform (and this results in, for example, us having to do further work or wait for new or different Materials); where we have to wait for other providers of services (who have been engaged by you) to complete their work before we are able to perform the Services (or the relevant part of the Services dependent on the other provider if ordered at short notice); where we are unable to gain access to the Premises to carry out the Services at the times and dates we have agreed with you; where the areas in the Premises have not be readied by you as we and you have agreed in order for us to perform the Services; for other some unforeseen or unavoidable event or situation which is beyond our control.
4. Things you will need to do or should do: You will allow us to gain access to the Premises at the dates and times we and you agree when we will perform the Services. You will obtain all necessary consents, permissions and approvals before we start performing the Services. For example, if the Services we are to perform require planning permission, you will have obtained that permission before we start the Services;. During the times we are providing the Services you will: allow us access to a water supply; allow us to use electricity from normal 220/240 volt 3-pin sockets; allow us to leave our tools and Materials at the Premises at times when we are not performing the Services; provide us with means to access and leave the Premises; allow us to use your lavatory and washing facilities
5. Some restrictions and assumptions: We will assume that all information, measurements and facts that you provide are accurate and true. We will not accept liability for any loss or damage caused where we reasonably perform our Services in reliance on these. We will be responsible for any measurements we make or provide. We do not provide struc-tural surveys or offer or provide opinions or advice on structural or other building related matters. If you need such survey, advice etc please consult a chartered or other professionally qualified surveyor. Any descriptions, illustrations, specifications or drawings submitted by us to you are merely intended to represent a general idea of the goods and do not form part of our agreement and do not form representations.
6. Price and payment: Our charges based on a quotation/estimate If we pro-vide a quotation then we will charge you the amount stated in the quotation rather than a charge based on the time taken in performing the Services. Note: where an estimate is pro-vided this is not a binding indication of how much we will charge. Estimates and quotations are normally valid for a period of 3 months from the date they are given. As we provide an estimate or quotation there can be times when we may need to charge you a higher amount than stated in the estimate or quotation. This can occur for a number of reasons, in particular where: what you require us to do changes, or the amount of work or Services you require us to provide increases or is different to what we and you agreed before started performing the Services [and as stated in the estimate or quotation]; or when we start performing the Services it be-comes apparent that the amount of Services we will need to perform or the type of work that is involved is different to what we agreed before we started performing the Service and which we could not reasonably foresee this before we started performing the Services.
Payment is required for our Services in the following way:
6.1 a deposit of 40% when you and we enter into the contract and;
6.2 the balance when we finish performing the Services;
6.3 VAT: All amounts stated (whether orally or in writing) are exclusive of VAT, which will be added at the rate currently in force.
6.4 Late payment: You need to pay any amounts due at the times detailed above. If you fail to pay any amount due to us at the time it is due then we may charge you interest at Barclays Bank base interest rate plus [5%] on any outstanding amounts if those outstanding amounts remain unpaid for more than 14 days from the due date
6.5 Refusal of payment: You will not refuse to pay any amount owing to us where there is only a minor or inconsequential defect or error in the performance of the Services or in any Materials. You will be entitled only to refuse to pay no more than a proportionate amount of any amount due.
7. Materials: Some materials, when they are manufactured or made, have inherent imperfections or variations. We will not be in breach of our obligations to provide you with goods which are of satisfactory quality, or comply with any description or that are fit for their purpose where there is an inherent imperfection or variation caused by or due to their making or manufacture or construction. Any materials we purchase or use will be new, and of satisfac-tory quality and fit for the purpose. Until we receive full payment we shall own the materials. If you wish to supply any materials or goods, then we will not liable as regards whether they are of satisfactory quality or fit for the purpose to which they are to be used.
8. Cancellation by you: Once we and you enter into a binding contract you will normally not be able to cancel the contract, except where we agree or as otherwise provided for in this contract. If we agree to cancel then you will be responsible for the cost of: any of our time in performing the Services up to the date we stop providing the Services; any materials we are contractually committed to buying up to the date of termination (whether or not we need to pay for them before or after the date the contract between us and you is cancelled). Any materials we have purchased (but not used in performing the Services) will be delivered to you. In these circumstances we will first deduct the amounts for which you are responsible from any deposit you have paid. Any remaining deposit will be returned to you. If the amount owing is greater than the deposit we will invoice you for the amount in excess of the deposit. If you: purport to cancel the contract; or give notice purporting to cancel; or otherwise do not fulfil your obligations (such as by not paying any sums due to be paid to us) in a way which amounts to you cancelling the contract, we do not have to accept your cancellation However, we may choose to accept cancellation, and if we choose to do so you will be required to pay to us a reasonable amount for the losses and costs (including loss of profit) we have suffered. If you have paid a deposit, this will be retained and if our reasonable losses and costs (including loss of profit) are greater than the deposit we have retained we will require you to pay for our losses and costs in excess of the deposit retained.
9. Limitation and exclusion of liability: Except as provided for in these terms or in respect of death or personal injury caused by our negligence we shall not be liable to you for any loss of profit, special or indirect consequential loss expenses or other claims other than as arising from a breach of the Supply of Goods Act 1979 or the Supply of Goods and Services Act 1973 (as amended). We shall have no liability to you for improper use by you of any goods or in respect of any adjustment, modification or repair of any goods supplied unless carried out by us.
10. Contracts (Rights of Third Parties) Act 1999: For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
11. Law and jurisdiction: This contract shall be governed and construed by the law of England and you and we agree to submit to the jurisdiction of the courts of England and Wales.
12. All designs and drawings are the Copyright of Castles Carey and may not be used by anyone else without permission.