GENERAL TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS AND SERVICES
This Agreement is made between A1 Bathrooms and Kitchens Limited, whose address is at Unit 3, Cartel Business Centre, Stroudley Road, Basingstoke, Hampshire, RG24 8FW (“A1”, “We” or “Our”) and you, the Customer, identified in the corresponding Order (as defined below) referencing this Agreement (“Customer”, “You” or “Your”) (Each a “Party”, together the “Parties”).
The Agreement contains the terms and conditions governing: the supply of hardware and accessories (the “Goods”) and any services concerning the installation of the Goods (the “Services”).
This Agreement is effective and Customer agrees to be bound by its terms when Customer either first receives delivery of the Goods or Services or payment of the deposit, as described further below in section 5 (the “Commencement Date”).
“Documentation” means the technical publications relating to the Goods or Services published or provided to You by A1 or may accompany the Goods directly from the manufacturer.
“Order” means an A1 order describing the Goods and/ or Services purchased by You under this Agreement.
2.1 Upon receipt of the required deposit A1, or an appointed third party, shall deliver the Goods to You. Delivery within a 20 mile radius of Basingstoke shall be free of charge to a ground floor. A1 shall inform You of the necessary cost of delivery outside of this radius. Delivery shall be made within normal business days and hours (excluding bank and public holidays). All delivery dates and times shall be approximate only and A1 shall not be responsible for any Goods delayed by manufacturers or suppliers.
2.2 If any Goods are damaged or incomplete at the time of delivery, You shall notify A1 within forty eight (48) hours of delivery and provide photographic evidence (if requested). We shall, at our sole discretion and as Your sole remedy either: (i) repair any damaged Goods; (ii) deliver any missing parts; or (iii) provide a replacement.
2.3 Except for damaged or faulty Goods under which section 6 of this Agreement shall apply, Goods may only be returned if they are returned to A1 within 7 days of delivery; in an unopened original packaging state and all returns will be subject to a 20% restocking charge.
2.4 You acknowledge and accept that any bespoke orders, including, but not limited, to Kitchen furniture, bathroom furniture, shower glass and worktops, placed pursuant to this Agreement are non-refundable and non-returnable,
2.5 In the event that A1 provides You with any form of design as part of the supply of Goods, and where A1 have not carried out a site survey, A1 has relied upon measurements supplied by You and therefore You are responsible for ensuring the correct configuration for specification and sizing of such design and You accept that the proposed design provided by A1 is provided ‘as-is’ and A1 accepts no further responsibility. In addition, You accept that A1 shall have no responsibility for any Goods not suitable for installation by You or anyone else. A1 recommends a qualified installer checks any proposals prior to any order being placed.
3.1 Upon receipt of the required deposit, A1 agrees to commence provision to You of the Services as detailed on the Order.
3.2 With regards to Services only, A1 warrants that the Services shall be provided in a professional and workmanlike manner. If, through no fault or delay by You, the Services do not conform to this warranty and You notify A1 within seven (7) days of A1’s delivery of the Services, We may, at Our own option and as Your sole remedy, re-perform the non-conforming portions of the Services at no cost to You.
3.3 Decoration. Unless otherwise stated the Services shall not include any decorating services. In the event, plastering is carried out by A1, the walls will be left ready for Your final preparation in order to decorate. For purposes of clarification, You may be required to fill in and/or rub down the walls and/or ceiling.
3.4 Existing goods. A1 will not provide any guarantee or warranty regarding any existing goods of You, the Customer, that A1 is required to remove or re-fit (including, but not limited to shower pumps, taps, vanity units and shower doors). If any items are damaged upon removal, A1 shall not be held responsible or liable.
3.5 Tiling. Unless tiles are procured as part of the Services, You agree to be responsible for the timely delivery, quantities and quality of such tiles. Charges for labour relating to tiling shall be based on ceramic tiling only. Any other type of tile, including, but not limited to, stone, marble and porcelain shall be subject to additional costs and time.
3.6 Unless otherwise agreed in writing, A1 shall not be responsible for the removal of any wallpaper, decorating or refitting of carpets or any other form of flooring
Design, Drawings and Installation
4.1 All drawings and designs supplied by A1 are for illustrative purposes only.
4.2 Upon acceptance of a design and where A1 provide the Services, A1 will carry out a technical site survey and confirm any changes that may be needed in order to complete the Services. This may include, but shall not be limited to, adaptations to Your existing cold and hot water supplies or electric supplies during and after installation Services and therefore You accept that additional changes may be necessary.
4.3 Upon payment of the deposit in accordance with section 5 below, A1 shall arrange with You an installation date. These dates are estimates only and You acknowledge that the date may be subject to change due to circumstances beyond A1’s control. A1 agrees to use all reasonable endeavours to give You as much notice as possible in the event of any changes.
4.4. The point at which A1 confirms an installation date with You, You understand and agree that no further changes may be made to the original design without incurring additional costs and possibly a delay in the delivery and performance of the Services. A1 requires You to acknowledge acceptance of the final design and installation plan a minimum of 6 weeks prior to installation commences.
4.5 You understand and acknowledge that all installation dates and completion dates are estimates only and completion may take longer than originally anticipated and You agree to use all reasonable endeavours to ensure uninterrupted access to the property, where possible, in order for A1 to perform and complete the Services in a timely manner.
4.6 With the exception of any bespoke Goods ordered as specified under section 2.4 whereby cancellation shall require payment of 100% of the total fees due, A1 requires a minimum of 4 weeks notice written cancellation for the supply of Goods and Services and payment of a 15% administration charge of the total fees due shall be invoiced. For any orders cancelled with less than 4 weeks written notice, You agree to pay a 25% administration charge of the total fees due. Any such fees shall be paid in accordance with section 5 below.
4.7 You acknowledge and understand that due to the nature of materials and production processes, product dimensions may vary within a tolerance of -/+ 10 mm.
Fees & Payment
5.1 You agree to pay in the following manner:
Goods only – 50% deposit and balance paid upon delivery
Goods and Services – 10% deposit, 70% upon commencement of installation and balance upon completion.
Except for deposit payments, all other fees are due and payable within seven (7) days of the date of invoice. In the event You dispute any invoiced fees, You will provide written notice of the disputed amount within 5 days after date of invoice and timely pay any undisputed portion of the invoice. The Parties agree to co-operate in good faith to resolve any disputed invoice within 14 days of notice of dispute. All amounts payable by You under this Agreement will be made without setoff, deduction or withholding. Late payment will bear interest at the rate of 4% per annum above the base-lending rate of the high street banks in England or the maximum rate allowed by law.
5.2 All prices are exclusive of taxes (including, but not limited to VAT, export and import fees and customs duties) for which You shall be responsible.
Warranty and Disclaimer
6.1 Subject to payment of the fees under this Agreement, A1 agrees to provide a 2 year warranty for Goods and a 4 year warranty for Services, except in the case of tiled wet rooms, where the warranty shall be limited to 2 years.
6.2 This warranty shall not apply if the Goods are not used in accordance with this Agreement or the Documentation; or the Goods and/or Services have been modified or installed by anyone other than A1.
6.3 Any liability of A1 (including its suppliers) for a breach of the above warranty shall be limited to repair or replacement of such Goods.
6.4 In the event of a supply of Goods only warranty claim pursuant to this section 6, any liability of A1 shall be limited to the repair or replacement of such Goods and A1 shall have no liability for any associated installation or remedial repairs or costs.
6.5 The above warranty is in addition to, and does not affect, your statutory rights.
Changes and Termination
7.1 A1 is not obligated to do any work not specified in the installation specification.
7.2 A1 shall be entitled to terminate this Agreement and all works shall cease immediately in the event of failure to make payment in accordance with section 5 above however You shall remain liable for all costs due and payable up to the date of termination.
7.3 Ordering mistakes by You with regards to size, colour or specification, for example, will not constitute grounds for cancellation or termination by You.
Limitations of Liability
8.1 Nothing in this Agreement will limit or exclude A1’s liability for: (i) fraud or fraudulent misrepresentation; or (ii) death or personal injury caused by its negligence.
8.2 Subject always to Clause 8.1 above, A1 shall not be liable for: (i) loss of profits or revenue; (ii) loss or damage to business or reputation; (iii) loss of anticipated savings; (iv) loss of or damage to goodwill; (v) loss of use or destruction of data or information; (vi) cost of procuring substitute goods or services; or (vii) any indirect, special or consequential loss or damage, and for the purposes of this clause, the term “loss” includes partial loss or reductions in value as well as complete or total loss.
8.3 To the maximum extent permitted by applicable law, A1’s total liability and that of its officers, employees, agents, resellers, distributors, suppliers or licensors, arising under or in connection with this Agreement shall be limited to the fees paid by You to A1 for the specific Goods or Services giving rise to the claim in the twelve (12) months preceding the event first giving rise to the claim under this Agreement.
9. Use of Your Data
10.1 Unless otherwise agreed You consent to A1 erecting an advertising board at your property for the duration of the installation Services.
10.2 Prior to commencement of a delivery or an installation, You agree to make all reasonable efforts to clear a space for the Goods to be stored and/or skip as advised by A1.
Access may be required to your loft during installation, please ensure the area is clear.
10.3 If any part of this Agreement is held to be invalid or unenforceable under applicable law, it shall be omitted from the Agreement without invalidating the remainder of the Agreement.
10.4 You may not assign or transfer any or all of Your rights or obligations under this Agreement without A1’s prior written consent.
10.5 A waiver of any right under this Agreement or law is only effective if it is in writing and shall not be deemed to be a waiver of subsequent breach or default.
10.6 The Parties do not intend the Contract (Rights of Third Parties) Act 1999 to apply to this Agreement and its operation is hereby expressly excluded.
10.7 All notices given by one Party to the other shall be in writing and will be effective upon delivery when delivered via special delivery or when sent to You by email using the email on record for You.
10.8 Except for actions for nonpayment, no action, regardless of form, arising under this Agreement may be brought by either Party more than 28 days after the Party knew or should have known of the claim.
10.9 A1 shall comply with all applicable laws, regulations and sanctions relating to anti-bribery and anti-corruption.
10.10 In the event of a conflict between the terms of this Agreement and an Order, the terms of the Order shall prevail. This Agreement, together with any Order, contains the entire agreement between the Parties and supersedes and cancels any other agreements, whether oral or written.
10.11 All obligations to make payment shall survive termination or expiration of this Agreement for whatever reason.
10.12 This Agreement shall be governed by the laws of England and Wales and the Parties agree to submit to the exclusive jurisdiction of the English courts.