TERMS AND CONDITIONS OF BUSINESS
OF
WTTTL Ltd
1 DEFINITIONS
The following expressions shall have the following meanings:
1.1 “Supplier” means WTTTL Ltd of 109 Thunder Lane, Norwich, NR7 0JG
1.2 “Customer” means any person who purchases services and/or products from the supplier
1.3 “Proposal” means a statement of work, quotation or other similar document describing the services and/or the products
1.4 “Services” means the services as described in the proposal and includes any materials required to complete the work
1.5 “Products” means any products supplied by the supplier to the customer
1.6 “Terms and Conditions” means the terms and conditions of the supply of services and/or products set out in this document and any subsequent terms and conditions agreed in writing by the supplier
1.7 “Order” means the formal acceptance by the customer of the proposal
1.8 “Agreement” means the contract between the supplier and the customer for the provision of the services and/or products incorporating these Terms and Conditions
1.9 “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, right to extract or exploit information from a database, database rights, know-how, confidential information or process, any application for any of the above, and any other Intellectual Property Right recognised in any part of the world whether or not presently existing or applied for
1.10 “Adjudicator” is the party nominated to resolve a dispute between the customer and the supplier.
2 GENERAL
2.1 These Terms and Conditions shall apply to the agreement for the supply of services and/or products by the supplier to the customer and shall supersede any other documentation or communication between the supplier and the customer.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the supplier
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the supplier may be entitled in relation to the services and/or products, by virtue of any statute, law or regulation.
3 PROPOSAL
3.1 The proposal for services and/or products is attached to these Terms and Conditions.
3.2 The Proposal for services and/or products shall remain valid for a period of 30 Days
3.3 The Proposal must be accepted by the customer in its entirety.
3.4 The Customer shall be deemed to have accepted the proposal by placing an order with the supplier.
3.5 The Agreement between the supplier and the customer, incorporating these Terms and Conditions, shall only come into force when the supplier confirms an order in writing to the customer. Prior to any confirmation the supplier reserves the right to refuse any order.
4 SERVICES, PRODUCTS AND DELIVERY
4.1 The services and/or products are as described in the proposal.
4.2 Any variation to the services and/or Products must be agreed by the supplier in writing.
4.3 Any drawings, descriptions or specifications contained in advertising material, brochures or catalogues issued by the supplier are for the sole purpose of giving an approximate idea of the products and/or services and will not form part of any agreement unless otherwise agreed in writing by the supplier.
4.4 The services and/or products will be delivered between the hours of 08.00 and 16.30 Monday to Friday. The supplier may vary these times by making these known in writing stating the details of the change to the customer.
4.5 Dates given for the delivery of services and/or products are estimates only and not guaranteed. Time for delivery shall not be of the essence of the agreement and the supplier shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery.
5 PRICE AND PAYMENT
5.1 The price for services and/or products is as specified in the proposal and is inclusive of VAT and any other charges as outlined in the proposal.
5.2 The price for any materials required to complete the services is as specified in the proposal.
5.3 The terms for payment are as specified in the proposal.
5.4 The customer must settle all payments for services and/or products within 7 days from the invoice date
5.5 The customer will pay interest on all late payments at a rate of 8% per annum above the base lending rate of National Westminster Bank.
5.6 The supplier is also entitled to recover all reasonable expenses incurred in obtaining payment from the customer where any payment due to the supplier is late.
5.7 The customer is not entitled to withhold any monies due to the supplier unless appropriate notice of not less than 7 days prior to the payment date is given. The amount to be withheld and the reasons must be clearly specified.
5.8 The Supplier is entitled to vary the price to take account of:
5.8.1 any additional services and/or products requested by the customer which were not included in the original proposal
5.8.2 any increase in the cost of materials
5.8.3 any additional work required to complete the services which was not anticipated at the time of the proposal
and any variation must be made known to the customer in writing by the supplier
6 CUSTOMER OBLIGATIONS
6.1 The customer will provide access to the supplier at the times specified in these Terms and Conditions and will co-operate with all reasonable requests by the supplier.
6.2 The customer will provide electricity, water and toilet facilities to the supplier for the purpose of completing the Services.
6.3 The customer will apply for, obtain and meet the cost of all necessary approvals and permissions required to complete the services prior to the commencement of the work.
6.4 The customer will take all reasonable steps to ensure that the supplier does not sustain any damage or loss to any equipment stored on site.
6.5 The customer shall be liable for any expenses incurred by the supplier as a result of the customers failure to comply with the obligations as defined by these Terms and Conditions.
7 SUPPLIER OBLIGATIONS
7.1 The supplier shall supply the services and/or products as specified in the proposal.
7.2 The supplier shall perform the services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice.
7.3 The supplier shall comply with all relevant health and safety regulations.
7.4 The supplier shall be registered with the appropriate organisation for the purpose of self-certification.
7.5 In addition to the undertakings specified in Clause 7.4 the supplier shall ensure that all necessary licences and permissions required to provide the services and/or products are current including but not limited to: NICEIC – Approved Contractor Scheme
7.6 The supplier shall be responsible for all waste management and disposal required in the course of providing the services and/or products.
7.7 The supplier shall hold valid employer and public liability insurance policies.
7.8 The supplier shall notify the customer in writing of any intention to engage a subcontractor.
8 CANCELLATION
8.1 The Customer may cancel an order for services and/or products by notifying the supplier in writing within 14 days of placing the order and any monies paid by the customer will be refunded in full subject to the deduction of any products already ordered, acquired, delivered to supplier or customer plus a handling charge for the products at 20%
8.2 If the customer does not notify any cancellation within the time specified in Clause 8.1 any monies paid will not be refundable.
Please see bottom of document for cancellation request form
9 INSPECTION OF PRODUCTS AND SERVICES
The customer shall inspect the products and/or the services on delivery/completion and notify the supplier of any damaged, missing or defective items or work within 3 days from the date of delivery/completion or services.
10 DEFECTIVE PRODUCTS AND SERVICES
10.1 The supplier guarantees that the services will be free from defects in workmanship for a period of 5 Years from the date that the services were provided. The supplier also guarantees that the products will be of a good standard and guarantees product support for a period of 1 year from the date that the products were supplied.
10.1.2 Any manufacturer guarantees beyond the 1 year support offered by the supplier will be transferred to the customer on completion of works and be subject to the customer registering their product where appropriate for full manufacturer’s warranty/guarantee
10.2 Clause 10.1 does not apply:
10.2.1 if a fault arises with services due to mechanical, chemical, electrolytic or other damage not due to a defect in the services/workmanship after risk has passed to the customer
10.2.3 if a fault arises due to willful damage, abnormal working conditions, failure to follow instructions, misuse, alteration or unauthorised repair, improper maintenance or negligence on the part of the customer or a third party.
10.3 If the services are found to be defective in accordance with these Terms and conditions then the supplier shall, at their sole discretion, either repair or re-perform the services or refund any monies paid for the defective services.
10.4 If the products are found to be defective in accordance with these Terms and conditions then the supplier shall, at their sole discretion, investigate the unit to establish the problem and then either return the product to the manufacturer for repair or install an alternative product
10.5 Clause 10.4 covers:
10.5.1 the cost of investigating the fault with the product
10.6 Clause 10.4 does not cover:
10.6.1 the cost of the postage and packaging for returning the product
10.6.2 the cost of reinstalling the original repaired product or the cost of installing a new product
10.6.3 a full refund for any defective item
10.6.4 the cost of a replacement item. Any replacement item is at the expense of the customer
10.6.4 where a replacement item by the supplier is agreed, the item appearance may differ from the original installed item
10.5 If the customer has not paid for the services and/or products in full by the date the defect in services and/or products are notified to the supplier, then the supplier has no obligation to remedy the defect in terms of this Clause
11 PROPERTY AND RISK
11.1 Risk in the products, property or materials used to provide the services shall pass from the supplier to the customer when the products, property or materials arrive at the premises of the customer. Risk in any subsequent transportation by the supplier of the products, property or materials used to provide services following the initial delivery will be with the customer
11.2 Adequate insurance should be held by both parties to protect the products or any property or materials that are within their care.
11.3 Title or ownership of any property or materials belonging to the supplier remains with the supplier until payment is received from the customer in full.
11.4 The customer must allow the storage of any property or materials belonging to the supplier during which time the customer will be subject to clause 10.2.1/2
11.5 In the course of the works detailed in the proposal/quote it is accepted that damages may be incurred to the existing finish of the building in the course of installation due to the nature of the works associated with the electrical industry by way of running electrical wires
11.6 Clause 11.5 includes the following
11.6.1 Damages to floor finishings: Carpets, underlay, laminate flooring, tiling, solid flooring, floor boards and the like
11.6.2 Damages to wall finishings: Wall paper, plastered walls, wall cladding, painted walls, tiled walls, wall fabric/cloth and the like
11.6.3 Damages to ceiling finishes: plasterboard ceilings, suspended ceiling panels, cladded ceilings and tiled ceilings (all tiles including polystyrene) and the like
11.6.4 Damages to skirting boards, dado rails, picture rails, coving/cornice and the like
11.6.5 Damages to structural walls/supports due to proposal of fixed wiring and accessories
11.7 The customer accepts that there may be damages to the building outside the scope of the proposal. Any repair or remedial works are at the cost to the customer
11.8 It is the responsibility of the customer to make known to the supplier any restrictions by way of construction works on building fabric
11.8.1 Any restrictions in place by English Heritage
11.8.2 Any restriction in place by local council/county
11.8.3 Any hazardous material such as asbestos, carsenogenic mateials and the like
12 TERMINATION
12.1 The agreement shall continue until the services and/or products have been provided in terms of the proposal or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
12.2 The customer may terminate the agreement if the supplier fails to comply with any aspect of these Terms and Conditions and this failure continues for a period 4 weeks after notification of non-compliance is given.
12.3 The Supplier may terminate the agreement if the customer has failed to make any payment due within 3 weeks of the sum being requested.
12.4 Either party may terminate the agreement by notice in writing to the other if:
12.4.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
12.4.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
12.4.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
12.4.4 the other party ceases to carry on its business or substantially the whole of its business; or
12.4.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
12.5 In the event of termination the customer must make over to the supplier any payment for work done and expenses incurred up to the date of termination.
12.6 Any rights to terminate the agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the agreement as at the date of termination.
13 WARRANTIES
13.1 The supplier warrants that the products will, at the time of delivery, correspond to the description given in the proposal.
13.2 The supplier warrants that the services will be performed using all reasonable skill and care.
14 LIMITATION OF LIABILITY
14.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the supplier for death or personal injury, however the supplier 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 of the service and/or the products.
14.2 The supplier 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.
14.3 For the avoidance of doubt, time shall not be of the essence and the supplier shall incur no liability to the customer in respect of any failure to complete the services or supply the products by any agreed completion date.
15 INDEMNITY
15.1 The Customer shall indemnify the supplier against all claims, costs and expenses which the supplier may incur and which arise directly or indirectly from the customer’s breach of any of its obligations under these Terms and Conditions.
15.2 The supplier undertakes that it will indemnify and hold harmless the customer against all proceedings, costs, expenses, liabilities, injury, death or damages arising from negligent performance or breach or failure of performance by the supplier of any obligations under these Terms and Conditions.
16 SETTLEMENT OF DISPUTES
16.1 Any dispute arising under this agreement will be referred to and decided by the adjudicator.
16.2 The adjudicator will be mutually decided upon by both parties chosen from the accredited body’s that the supplier is a member of at the time of dispute
16.3 A party wishing to refer a dispute to the adjudicator shall advise the other party of this intention in writing at any time during the term of this agreement. The dispute must then be referred to the adjudicator within seven (7) days of this intention being intimated.
16.4 The adjudicator shall act impartially and be free to take the initiative in ascertaining the facts and the law. The adjudicator must reach a decision within twenty eight (28) days of referral or such longer period as the parties may agree.
16.5 During the period of adjudication both parties must continue with their obligations as stated in this Agreement.
16.6 The decision of the Adjudicator is binding on both parties unless and until revised by legal proceedings, arbitration or agreement.
16.7 The Adjudicator will decide which party is liable to meet the fees of the adjudication and in what proportion if both parties are held liable.
17 INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights, registered or unregistered, including but not limited to patents, trademarks, design rights and know-how remain the property of the supplier and cannot be used by the customer without the written permission of the supplier.
18 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.
19 RELATIONSHIP OF PARTIES
Nothing in the Agreement shall be construed as establishing or implying a partnership or joint venture between the parties or suggest that either of the parties are agent for the other.
20 ASSIGNMENT
The customer shall not be entitled to assign its rights or obligations or delegate its duties under the agreement without the prior written consent of the supplier.
21 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.
22 WAIVER
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
23 NOTICES
Any notice to be given by either party to the other may be served by email, personal service or by post to the address of the other party given in the proposal or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
24 THIRD PARTY RIGHTS
Nothing in these Terms and Conditions intend to or confer any rights on a third party.
25 ENTIRE AGREEMENT
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
26 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.
COMPLAINTS POLICY
We always endeavour to provide the best service and products for our customers. However, on rare occasions, we recognise that there may be times where our customers may not be completely satisfied.
To ensure we are able to put things rights as soon as we can, please read our complaints procedure below and we will respond promptly to ensure complete satisfaction.
As soon as possible after the completion of the works, please inspect the work to ensure everything has been carried out to our usual high standards.
In the unlikely event there is anything you are not completely satisfied with, please contact us as soon as you can in order that we can rectify any problems as soon as possible
Either call us on:
01603 335 457
or
write to us at:
109 Thunder Lane, Norwich, NR7 0JG
or
email us at:
ben@w3tl.co.uk
We aim to respond within 1 day of receiving your complaint and where possible, will provide you with a date to remedy any issues raised.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
Notice of the Right to Cancel
Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013 you have the right to cancel this contract during a period of 14 calendar days from the day this notice is sent or given to you. During that period if you choose to cancel the contract any money paid by you will be refunded.
However if you have already given written approval for the work to begin before the end of the cancellation period you may be required to pay for goods or services already provided.
If you wish to cancel the contract you must do so in writing and deliver personally or send (which may be by electronic mail or post) this to the person named below. You may use the form below if you want to but you do not have to.
The notice of cancellation is deemed to be served as soon as it is posted or in the case of an electronic communication from the day it is sent.
Complete, detach and return this form only if you wish to cancel the contract
Customer Cancellation Notice
Name of customer:
Address of customer:
I/We hereby give notice that I/We wish to cancel my/our contract dated:
Customer signature:
Date:
This notice should be sent to:
Name: Ben Grant
Address: 109 Thunder Lane, Norwich, NR7 0JG
or
Email address: ben@w3tl.co.uk
