Affect Ability Ltd Terms & Conditions 2018 Edition – All Copyright Reserved ©
1. Definitions
- For the purposes of these terms and conditions, the below terms shall be given the respective meanings:
1.1 “The Company” shall mean Affect Ability Ltd of 1 Clos Aaron, Ynystawe, Swansea. SA6 5AS (Company Registration Number 10885083)
1.2 “The Customer” means the individual(s) who shall purchase or agree to purchase the goods from the Company
1.3 “The Contract” means the terms on which the Customer shall purchase or agree to purchase the goods from the Company
1.4 “The Goods” means those services and/or products which the Customer shall purchase or agree to purchase from the Company and set out on the Confirmation Form
1.5 “Delivery Date” means the date stipulated on the Confirmation Form when the Goods are to be delivered
1.6 “Delivery Address” means the address provided by the Customer on the Confirmation Form to which the Goods are to be delivered by the Company
1.7 “Deposit” means 50% of the order total to be paid before any work is carried out. The deposit is non-refundable after 14 days “Cooling Off Period” of making deposit payment
1.8 “Confirmation Form” means the Form sent by the Company to the Customer confirming the Goods ordered by the Customer after the Customer has placed such an order
1.9 “Price means the total cost payable by the Customer for the Goods as set out on the Confirmation form
1.10 “Cooling Off Period” will be 14 days as set out in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
2. Price and Payment
2.1 The Customer shall pay the price stipulated on the Confirmation Form.
2.2 The Goods supplied shall have VAT levied on them at the rate in force at the date of the Contract
2.3 Where the Customer is entitled to receive VAT relief under the VAT legislation from time to time in force then the Customer shall produce evidence of the same
2.4 The Confirmation Form sets out the payment terms and may only be altered where the Company confirms its agreement before the due date for payment. However, the Company shall at all times be able to adjust the price payable to take account of any alteration in the prevailing VAT rate
2.5 Where the Customer elects to make cheque payment the Company may undertake such checks on the Customer’s financial soundness as it feels necessary
3. Guarantees
3.1 The Customer’s statutory rights are not affected in respect of guarantees
3.2 Where the Company is supplying and installing the Goods it guarantees that they will be satisfactorily installed
3.3 The Company also guarantees that the Goods are supplied with reasonable care and skill
3.4 The Goods are supplied subject to any manufacturer’s guarantees/after sales services that there may be
3.5 The Company shall provide 1 years guarantee on all labour from the date of completion
4. Risk, Delivery, Installation, and Performance – SUPPLY & INSTALLATION
4.1 The Company will take all steps reasonable to comply with the date given for delivery/installation
4.2 Where circumstances arise which are beyond the control of the Company and which prevent delivery/installation by the agreed date, the Company shall not be liable for the delay and shall agree an alternative date with the Customer for the delivery/installation
4.3 The Customer shall give the Company’s representative access in order to deliver/install the Goods and shall ensure a supply of water, gas, electricity and drainage at the Premises at the Customer’s cost to enable the installation of the Goods
4.4 If prior to installation the Company finds the supply of water, gas, electricity and drainage at the Premises to be inadequate for installation then the Customer shall pay the costs necessary for making such services compliant such costs having been advised to the Customer by the Company
4.5 Bath installations shall be connected to the already existing services unless the new Goods have been altered and indicated on the Confirmation Form
4.6 The Customer shall be responsible for the suitability, condition and structure of the Premises at which the Goods are to be installed
4.7 Where the Company finds the installation to be impracticable owing to structural or technical difficulties caused by the Premises, the Company shall be able to terminate the Contract and submit written reasons to the Customer, upon his request. Where the Contract is terminated on these grounds, the Company shall refund any deposit monies to the Customer but shall be permitted to deduct the Company’s reasonable expenses incurred up to and including the termination point
4.8 The Company shall not be responsible for delay during installation as a result of the detection of structural damage (including but not limited to the detection and removal of asbestos), the late detection of such damage not being owning to the Company’s negligence. The Customer shall bear the cost of rectifying such damage
4.9 The Company shall be able to charge for remedial or other work arising as a result of intermeddling, alteration or mistreatment of the Goods by any persons other then the Company/ its representatives and also to charge for the collection and return of the Goods if the Company or Customer feels necessary
4.10 Where the Customer wishes the Company to match the Goods to an already existing suite at the Premises, the match will be the closest attainable within the ranges of the manufacturer
SUPPLY ONLY
4.11 The Customer shall be responsible for the suitability, condition and structure of the Premises at which the Goods are intended to be installed
4.12 Where the Customer wishes the Company to match the Goods to an already existing suite at the Premises, the match will be the closest attainable within the ranges of the manufacturer
4.13 The delivery date shall be set by the Company at the commencement of the agreement formulated under these Terms & Conditions
4.14 Any collections arranged by the Customer that exceed 7 days from the agreed collection date shall incur storage fees at a rate of £10 per day, removable at the discretion of the Company only
4.15 Any additional delivery charges incurred by the Company for any reasons outside of the Company’s powers shall be charged to the Customer and are payable within 14 days of receipt of the Goods
4.16 Any changes to delivery rates between placing the order and completing payment shall be charged to the Customer but are limited to reasonable changes dictated by changes in legislation, statutory amendments or inflation by the delivery company/service provider to which the original delivery was allocated to
4.17 Upon receipt of Goods, the Customer must fully inspect the delivery and address any faults, defects or issues within 5 working days to the Company
5. Variation
5.1 The Company may modify the Goods to a minor extent such that the modifications do not substantially affect their design, quality or appearance
5.2 The Company may modify the design of the bathroom for installation at the Premises as it sees fit in its judgement
5.3 The Company shall contact the Customer to obtain agreement to major modifications in respect of clauses 5.1 and 5.2
5.4 If the Company cannot provide Goods requested for reasons outside its control then it shall inform the Customer and offer him Goods of a similar worth which are of identical or greater quality.
6. Retention of Title
6.1 The Company shall retain title to the Goods until it has received full and cleared payment from the Customer
7. Permissions
7.1 The Customer shall ensure that he has obtained all necessary planning permissions and other consents for the installation and all work incidental thereto
7.2 The Company shall presume that all of the above such consents have been obtained and shall not be liable if the said consents have not been obtained
8. Cancellation
8.1 Orders for Goods made specifically for the Customer will be fully charged unless notice in writing is received prior to their construction commencing. Orders for Goods in stock can be cancelled by notice in writing at any stage prior to them being allotted to Contract or consignment
8.2 Where a cancellation notice is received after the Goods have been allotted to Contract or consignment, the Customer shall pay a handling charge of between 25% and 50%
8.3 Notice of the right to cancel – 14 days cooling off period. Where the Customer does not wish to proceed with purchasing the Goods, under this Contract, the Customer shall give notice in writing to the Company within fourteen days
8.4 Any cancellation outside of the cooling off period gives the Company the right to hold the full deposit amount to cover all costs and expenses incurred as well as in payment for the Company’s time spent to date on the matter
8.5 Any cancellation of a contract outside the cooling off period will be charged at a minimum design fee of £500.00, administration fee of £200.00 and a cancellation fee of £100.00 or by retaining the deposit in full, whichever is the lesser number until the date of installation
8.6 Cancellation after the date of installation but before completion binds the customer to be responsible for all cancellation fees or retention of the deposit amount with the addition of all additional labour, materials and accessory costs incurred by the Company with an additional late cancellation fee of £500.00 payable on demand. The late cancellation costs incurred cannot exceed the original contract price in full and in addition do not withhold any Statutory Rights for the Company to enter any Claim against the Customer for any unforeseen costs incurred beyond those of administration costs, resources and materials listed
9. General
9.1 These Terms & Conditions constitute the entire agreement between the Company and the Customer and supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law
9.2 No failure or delay by either party in exercising any of its rights under these Terms and Conditions shall be deemed a waiver of that right and no waiver by either party of any breach of these terms and conditions by the other shall be considered a waiver or any subsequent breach of the same or any other provision
9.3If any provision of these Terms and Conditions is held by any Court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected
9.4 Except as otherwise expressly provided herein, nothing in these Terms and Conditions confers or purports to confer on any third party any benefit or right to enforce any of these Terms and Conditions pursuant to the Contracts (Rights of Third Parties) Act 1999
9.5 These Terms and Conditions shall be governed by English & Welsh Law and both parties HEREBY AGREE to submit the exclusive jurisdiction of the Courts of England & Wales and where applicable, Scotland
10. Force Majeure
10.1 The Company will not be liable or responsible for any failure to perform or any delay in the performance of obligations under the Contract that is caused by any act, event, non happening, omission or accident beyond or outside our reasonable control (“Force Majeure Event”). It shall include in particular (but not limited to) the following:
10.1.1 nuclear, chemical or biological disaster or contamination;
10.1.2 severe adverse weather conditions;
10.1.3 terrorist attack or threat, war, riot or civil disturbance;
10.1.4 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
10.1.5 inability to use railways, shipping, aircraft, road, or any other form of public and private transport;
10.1.6 inability to use public or private telecommunications networks including any loss of internet service;
10.1.7 the non-performance or delay by suppliers or sub-contractors;
10.1.8 interruption or failure of utility services including but not limited to electric, power, gas and water; and
10.1.9 the acts, decrees, legislation, regulations or restrictions of any government
10.2 The Company’s performance under any Contract shall be deemed to be fully suspended for the whole period that the Force Majeure Event continues and the Company shall have an extension of time for performance for the duration of that period
10.3 The Company will use all reasonable endeavours to bring a Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. If the Force Majeure Event continues for more than 14 days and is likely to continue thereafter, the Company may cancel the Contract.