General Terms And Conditions For The Supply Of Goods And Services
This Agreement is made between Cheshire Tile & Bathrooms Studio Limited, whose address is at Unit 1C, Duke Ave, Stanley Green Trading Est, Cheadle Hulme, Stockport, Cheshire SK8 6PT (” CTBS”, ”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 CTBS or may accompany the Goods directly from the manufacturer. ”Order” means a CTBS order describing the Goods and/ or Services purchased by You under this Agreement.
2.1 Upon receipt of the required deposit CTBS, or an appointed third party, shall deliver the Goods to you. Unless otherwise stated delivery within a 20-mile radius of Cheadle Hulme shall be free of charge to a ground floor for orders over £500. CTBS 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). A” delivery dates and times shall be approximate only and CTBS 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 CTBS 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 CTBS 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 tiles, bathroom furniture, shower glass and worktops, placed pursuant to this Agreement are non-refundable and non-returnable.
2.5 In the event that CTBS provides You with any form of design as part of the supply of Goods, and where CTBS have not carried out a site survey, CTBS 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 CTBS is provided ’as-is’ and CTBS accepts no further responsibility. In addition, You accept that CTBS shall have no responsibility for any Goods not suitable for installation by You or anyone else. CTBS strongly recommends a qualified installer checks any proposals prior to any order being placed.
3.1 Upon receipt of the required deposit, CTBS agrees to commence provision to You of the Services as detailed on the Order.
3.2 With regards to Services only, CTBS 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 CTBS within seven (7) days of CTBS’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 include the ceiling painted in Leyland Hardwearing Acrylic Egghsell in Brilliant White. All other decorating works shall be agreed in writing prior to the time of ordering.
3.4 Existing goods. CTBS will not provide any guarantee or warranty regarding any existing goods of You, the Customer, that CTBS 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, CTBS shall not be held responsible or liable.
3.5 Tiling. CTBS will only install tiles procured from CTBS as part of the original order.
3.6 Unless otherwise agreed in writing, CTBS shall not be responsible for the removal of any wallpaper, decorating or refitting of carpets or any other form of flooring outside of the installation room.
3.7 The supply of hot and cold water to the room should be adequate in pressure and flow rate. Any issues such as, but not restricted to, air blockages will be chargeable to clear.
4. Design, Drawings and Installation
4.1 All drawings and designs supplied by CTBS are for illustrative purposes only.
4.2 Upon acceptance of a design and where CTBS provide the Services, CTBS 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, CTBS 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 CTBS’ control. CTBS agrees to use all reasonable endeavors to give you as much notice as possible in the event of any changes.
4.4. The point at which CTBS 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. CTBS 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 CTBS 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, CTBS requires a minimum of4 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.
5. Fees & Payment
5.1 You agree to pay in the following manner:
Goods only — 50% deposit and balance paid prior to delivery
Goods and Services — 30% deposit of total to secure installation date, 60% of total paid prior to delivery and the balance upon completion.
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 cooperate 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 setof’f, 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.
6. Warranty and Disclaimer
6.1 Subject to payment of the fees under this Agreement, CTBS agrees to provide a 2 year warranty for Goods and Services. This is in addition to any manufacturer’s product guarantee.
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 CTBS.
6.3 Any liability of CTBS (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 CTBS shall be limited to the repair or replacement of such Goods and CTBS 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.
7. Changes and Termination
7.1 CTBS is not obligated to do any work not specified in the installation specification.
7.2 CTBS 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.
8. Limitations of Liability
8.1 Nothing in this Agreement will limit or exclude CTBS’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, CTBS 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, CTBS’ 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 CTBS 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 CTBS erecting an advertising board at your property for the duration of the installation Services, to take and use pictures of the installation – prior, during and post completion to use across our advertising platforms.
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 CTBS. 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 CTBS’ 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 CTBS 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.