1. THESE TERMS
1.1 These are the terms and conditions on which we enter into a contract with you and which will apply to the exclusion of all other statements made during our discussions and any other correspondence that has passed between us.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms [or require any changes], please contact us to discuss them.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are T.W.S (Kidderminster) Ltd a company registered in England and Wales. Our company registration number is 05450906 and our registered office is at our address is 5 Lupin Works, Worcester Road, Kidderminster, Worcestershire, DY10 1JR. Our registered VAT number is 874400723.
2.2 How to contact us. You can contact us by telephoning our customer service team at 01562 822 855 or by writing to us at firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we write to you to accept it OR we tell you that we are able to provide you with the product, which we will also confirm in writing to you, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products [in our brochures OR on our website] are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed pictures accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Variation to quoted price. As it is necessary for us to provide ‘made to measure’ products it is important that we ensure that any measurements are correct. Therefore, it will be necessary for us to carry out a site visit to take final measurements. This may result in a price variation to any quote that we have given you. In such circumstances we will provide you with an amended quotation and will not place any order for goods unless you have confirmed that you wish to proceed with the contract.
5. YOUR RIGHT TO MAKE CHANGES OF OUR QUOTE
5.1 If you wish to vary your Order please contact us immediately as this may affect our contractual arrangements. If we agree to the variation we will provide you with a further quotation if costs will be increased, or the timing of supply or anything else which would be necessary as a result of your request and ask you to confirm in writing that you accept the changes. If we cannot make the change or the consequences of making the change are unacceptable to you, our contractual arrangement will end.
6. MADE TO MEASURE
6.1 The nature of our product is such that it will be necessary for measurements to be taken before an order can be placed. This falls within the definition of ‘made to measure’ and once we have placed an order it cannot be cancelled. This will not affect your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described.
6.2 After placing your order there will be a site survey you must approve all specifications in relation to the installation.
7. OUR RIGHTS TO MAKE CHANGES
7.1 We reserve the right to make changes to the Order:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
8. DELIVERY AND INSTALLATION OF THE PRODUCTS
8.1 Delivery and installation. We will place the Order with our Suppliers and will arrange the delivery/installation/date of collection with you by telephone or email.
8.2 We are not responsible for delays outside our control. If our Suppliers delay for any reason or the installation is delayed by an event beyond our control we will contact you as soon as possible to let you know and rearrange a new date with you. Provided we do this we will not be liable for any loss you sustain because of the delay.
8.3 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our normal working hours on weekdays (excluding public holidays) and you will be responsible for any damage to the Goods as soon as you collect the same.
8.4 If you are not at home when the product is installed. If no one is available at your address to allow us access to enable installation to take place we will have to make alternative arrangements with you. In such cases we may impose a ‘failed delivery charge’.
8.5 If you do not re-arrange installation. If, despite our reasonable efforts, we are unable to contact you to re-arrange installation we may terminate the contract and clause 11 will apply. We may also charge you for storage costs and any other reasonable costs we incur. We reserve the right to charge you any additional costs incurred by us as a result.
8.6 If we deliver late. We will take all reasonable steps to ensure that delivery and installation are on the agreed dates. However, if we are unable to meet the agreed deadline then we will contact you to make alterative arrangements as soon as possible.
8.7 When you become responsible for the products. The product will be your responsibility from the time we deliver them for installation to your address or you [or a carrier organised by you] collect it from us.
8.8 When you own goods. Title to the product passes to you once we have received payment in full cleared funds.
8.9 What will happen if you do not give required information to us. If you do not give us any information we request or you give us incomplete or incorrect information which prevents us from carrying out our contractual obligations, we may either terminate this contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
8.10 Reasons we may suspend the installation. We may have to suspend installation to:
(a) update the product to reflect changes in relevant laws and regulatory requirements;
(b) The manufacturers or other third party suppliers have caused the delay.
(c) Circumstances beyond our control.
8.11 We may also suspend supply of the products if you do not pay. If you do not pay us on request and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend installation until you have paid any outstanding amounts. If this occurs you will be notified.
9. CUSTOMERS OBLIGATIONS
As the Customer (You) will ensure:-
9.1 That you will provide our workforce unencumbered access to your address and provide them with access to welfare facilities.
9.2 That you will remove all property from below and around the area in which we will work, prior to commencement of our work on site, and such property will not be returned until after we have left site. We will not be liable for any damage to any property in the event that you fail to do so.
9.3 That you will allow for any storage of products whilst on site to be safe and secure.
9.4 If you have any concerns with the work that is being carried out, that you notify our customer services department immediately.
9.5 You are responsible for ensuring that all telephone/internet/telecommunications cables are removed from the area, or if they cannot be removed then adequately protected, prior to commencement of any work on site, to ensure they are not damaged during the installation process. We will not be liable for any losses sustained by you if they are damaged.
10. YOUR RIGHTS TO END THE CONTRACT
10.1 You may have a right to terminate this contract:-
(a) If what you have bought is faulty or misdescribed in which case you must advise us within 3 days of discovery and allow us to investigate the matter. We are entitled to offer to repair or replace the products or to get the products repaired or replaced before you are entitled to then terminate this contract and you agree to allow us to do this.
(b) You may terminate the contract if we have committed a fundamental breach the meaning of which is found in law.
10.2 What happens if you end the contract without a good reason. If you terminate this contract without good reason we reserve the right to deduct by way of compensation all reasonable costs incurred by the company up to the date of termination, to include the purchase of any products that cannot be resold
10.3 Cooling Off Period (Consumer Contracts Regulations 2013). As all products provided by us are Made to Measure there is no cooling off period, as set out in Part 3 Right to Cancel, Limits of application: circumstances excluding cancellation, s28.(1)(b) of The Consumer Contracts (Information, Cancellation and Additional Charges Regulations 2013.
11. OUR RIGHTS TO END THE CONTRACT
11.1 We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to deliver and install the products;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(d) you do not, within a reasonable time, allow us unencumbered access to your premises to deliver and install the services.
11.2 You must compensate us if you break the contract. If you terminate this contract you understand, and therefore agree, that we may deduct or charge you reasonable compensation for the net costs that are incurred as a result of your breaking the contract before refunding the balance of any deposit remaining.
12. IF THERE IS A PROBLEM WITH THE PRODUCT
12.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team.
12.2 Once you have contacted us and reported any problems, we will investigate the matter. If access to the product is required you must allow reasonable and complete access in order for us to undertake a comprehensive examination and investigation, and/or to carry out any remedial works which may be required.
13. COSTS AND PAYMENT
13.1 Prior to placing your Order, we will provide you with a quotation for our costs. We take all reasonable care to ensure that the costs provided to you are correct however as our products are made to measure all quotations are subject to variation following an ‘on site survey’.
13.2 All costs will incur vat at the statutory rate and will be included in the quotation. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3 It is always possible that, despite our best efforts, the manufacturers of the products we sell may change their prices or price them incorrectly. We will notify you immediately if this occurs, before we accept your order.
13.4 Payment type: We accept payment by cash, BACS, Credit card or Debit card excluding American Express.
13.5 Deposit: We will require you to pay a deposit
(a) For Supply only: 50% when placing the Order and 50% on collection or prior to delivery
(b) For Supply and installation: 30% when placing the order and thereafter agreed staged payments.
(c) Paying with the assistance of a finance company payment must be made by the finance company in full and before installation will take place.
13.6 Interest: Failure to make any payment to us will entitle us to charge interest on any overdue amount at the rate of 10% a year from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 We are responsible to you for foreseeable loss and damage only. If we fail to comply with these terms, any loss or damage that you suffer must be a foreseeable result of our breach of contract or our failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation or for breach of your statutory rights.
14.3 When we are liable for damage to your property. If we are carrying out an installation at your property, we will make good any damage to your property caused by us while doing so provided we have been negligent, and you have complied with your contractual obligations. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
15. DATA PROTECTION
15.1 We shall ensure that our employees, servants and agents, whilst performing their obligations under this contract, will comply in all respects with Data Protection Legislation including the General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR), and shall ensure that they do not do or permit anything to be done which might jeopardise or contravene our compliance with Data Protection Legislation
15.2 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
15.3 We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
15.4 We will only give your personal information to [other] third parties where the law either requires or allows us to do so.
16. OTHER IMPORTANT TERMS
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms
16.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.