We are currently accepting payments in cash, by cheque made out to "Colin Millington" or by bank transfer (goods released upon cleared funds) and cash upon order (local deliveries only). Fitting costs should be paid by the buyer to the seller upon practical completion with the buyer holding 5% retention only of fitting cost until satisfactory completion.
Terms and Conditions
1. INTERPRETATION
1. In these conditions:
· ‘BUYER’ means the person who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.
· ‘GOODS’ means the goods (including any instalment of the goods) which the Seller is to supply in accordance with these Conditions.
· ‘SELLER’ means Colin Millington - Fitted Furniture Projects
· ‘CONDITIONS’ means the standard terms and conditions of sale set out in the document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller.
· ‘CONTRACT’ means the contract for the purchase and sale of the Goods.
· ‘WRITING’ includes telex, cable, facsimile transmission and comparable means of communication.
1. Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.
1. The headings in these Conditions are for convenience only and shall not affect their interpretation.
1. BASIS OF THE SALE
1. The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller, subject in either case to these Conditions, which shall govern the Contract to the exclusion of, any other terms and conditions subject to which any such quotation is accepted or purported to be accepted or any such order is made or purported to be made, by the Buyer.
1. No variation to these Conditions shall be binding unless agreed in Writing between an authorised representative of the Buyer and any director of the Seller.
1. The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by any director of the Seller in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representation which are not so confirmed.
1. Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by any director of the Seller is followed or acted upon entirely at the Buyer’s own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
1. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
1. ORDERS AND SPECIFICATIONS
1. No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed by the Seller’s authorised representative.
1. The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
1. The quantity, quality and description of and any specification for the Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller).
1. No order which had been accepted by the Seller and on terms that the Buyer except with the agreement in full against all loss (including loss of profit), costs, (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.
1. PRICE OF GOODS
1. The price of the Goods shall be at the Seller’s quoted price. All prices quoted are valid for 30 days only or until earlier acceptance by the Buyer, after which time they may be altered by the Seller without giving notice to the Buyer.
1. The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increases in the cost of labour, materials or other cost of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
1. Unless otherwise agreed between the Buyer and the Seller, all prices are given by the Seller on an ex works basis, and where the Seller agrees to deliver the Goods otherwise than at the Seller’s premises, the Buyer shall be liable to pay the Seller’s charges for transport, packaging and insurance.
1. The price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay to the Seller.
1. TERMS OF PAYMENT
1. Subject to any special terms agreed in Writing between the Buyer and the Seller, the Seller shall be entitled to receive payment from the buyer for goods purchased by the buyer at the point of sale or prior to any goods being delivered to the buyer. If the Buyer wrongfully fails to take delivery of the Goods, in which event the Seller shall be entitled to invoice the Buyer for the price at any time after the Seller has notified the Buyer that the Goods are ready for collection or (as the case may be) the Seller has tendered delivery of the Goods.
1. The Buyers shall pay the price of the Goods on presentation of the Seller’s invoice not withstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
1. If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:
1. cancel the contract or suspend any further deliveries to the Buyer.
1. appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and
1. charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 2 per cent per annum above Yorkshire Bank base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
1. all collection costs incurred will be charged to the buyer.
1. DELIVERY
1. Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place. All claims of short delivery must be notified to the Seller within 24 (Twenty Four) hours of the time of delivery.
1. Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in Writing. The goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
1. Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
1. If the Seller fails to deliver the Goods for any reason other than any reason beyond the Seller’s reasonable control or the Buyer’s fault, and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
1. If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may;
1. store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage;
1. sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
1. RISK AND PROPERTY
1. Risk of damage to or loss of good shall pass to Buyer;
1. in the case of Goods to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the Goods are available for collection or
1. in the case of the Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
1. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
1. Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods (and any products manufactured from them) as the Seller’s fiduciary agent and bailee, and shall keep the Goods and any such products as aforesaid separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property. Until that time the Buyer shall be entitled to resell or use the Goods (or any such products as aforesaid) in the ordinary course of its business, but shall account to the Seller for the proceeds of sale or otherwise of the Goods (or any such products aforesaid), whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured. Where the Buyer so resells or uses the Goods as aforesaid, this will not create any privity of contract between the Seller and any third party. The Buyer will provide details of all further manufacture using the Goods and of all such resales to the Seller on demand and will similarly on demand assign to the Seller the benefit of any claims it may have against any purchaser in any resale transaction.
1. The Seller shall account to the Buyer for the proceeds of sale of products manufactured from the Goods (following receipt of such proceeds by the Seller) to the extent that such proceeds exceed the total amount of monies due and payable by the Buyer to the Seller for any goods supplied by the Seller to the Buyer.
1. Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods without any liability on the Seller for any damage to property occasioned thereby. In the event that the exercise by the Seller of the rights conferred by this Clause results in the Seller repossessing Goods for which the Buyer has paid, the Seller may set off against any sums which become due from it on that basis, any sums from the Buyer in respect if other contracts.
1. The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
1. The Seller will not accept any liability for damage to any goods that have been part processed or machined by the Buyer in any way.
1. SELLER’S LIABILITY
1. Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contact Terms act in 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
1. Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Conditions.
1. Subject to Condition 8.4. below, any claim by the Buyer which is based on any defect on the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 7 days from the date of delivery or (where the defect or failure not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
1. The liability of the Seller for any defect in the quality or condition of the Goods or their failure to correspond with specification is subject to the following conditions:-
1. the Seller shall be under no liability in respect of any defect arising from any specification supplied by the Buyer.
1. the Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller’s approval;
1. the Seller shall be under no liability of the total price for the Goods has not been paid by the due date for payment;
1. such liability does not extend to parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any warranty or guarantee as is given by the manufacturer to the Seller.
1. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
1. Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss or profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.
1. The Seller shall not be liable to the Buyer or deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
1. Act of God, explosion, flood, tempest, fire or accident;
1. war or threat of war, sabotage, insurrection, civil disturbance or requisition;
1. act, restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any governmental, parliamentary or local authority;
1. import or export regulations or embargoes;
1. strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
1. difficulties in obtaining raw materials, labour, fuel, parts or machinery;
1. power failure or breakdown in machinery.
1. INSOLVENCY OF BUYER
1. This clause applies if:
1. the Buyer makes any voluntary arrangements with its creditors or becomes the subject of an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction); or
1. an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer, or
1. the Buyer ceases, or threatens to cease, to carry on business; or
1. the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
1. If this clause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary
· GENERAL
1. Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
2. No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
3. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part of the validity of other provisions in question shall not be affected thereby.
4. The Contract shall be governed by the laws of England
11. INSTALLATION
1. DEFINITIONS
Working Day: a day other than a Saturday, Sunday or public holiday in England,
when banks in London are open for business.
Charges: the charges payable by the Client for the supply of the Services in
accordance with clauses 13 and 14 (Charges and Payment).
Client or you: means the individual or organisation purchasing the installation
services from CM Interiors(we or us).
Commencement Date: has the meaning given in clause 3.1 or 3.3.
Contract: the contract between the Supplier and the Client for the supply of
Services in accordance with these Terms.
Intellectual Property Rights: patents, rights to inventions, copyright and
related rights, moral rights, trademarks and service marks, business names and
domain names, rights in get-up and trade dress, goodwill and the right to sue
for passing off or unfair competition, rights in designs, rights in computer
software, database rights, rights to use, and protect the confidentiality of,
confidential information (including know-how and trade secrets), and all other
intellectual property rights, in each case whether registered or unregistered
and including all applications and rights to apply for and be granted, renewals
or extensions of, and rights to claim priority from, such rights and all
similar or equivalent rights or forms of protection which subsist or will
subsist now or in the future in any part of the world.
Order: the Client’s order for Services as set out in the booking confirmation
email sent by us.
Services: the installation services, supplied by us to you.
Terms: these terms and conditions as amended from time to time in accordance
with clause 22.
Welfare Facilities: facilities on site including a clean working toilet, and
clean running hot and cold water.
Work Space means the entire area we are working in, the kitchen for example,
and associated areas we require for tool storage, working space we require to
perform our installation duties and any further space required for the storage
of items prior to them being installed by us.
INTERPRETATION
A reference to writing or written includes email.
3. ACCEPTANCE OF THESE TERMS
3.1 Our acceptance of your Order will take place when we email or otherwise
send you our invoice and a link to and/or copy of these terms and conditions
(the terms), at which point a contract will come into existence between you and
us to which these terms and conditions (the terms) shall apply (Commencement
Date). Upon receipt of our deposit/advance payment invoice and your payment to
us of the required deposit you shall be deemed to have accepted the terms.
3.2 We are not obliged to perform any Services or provide any goods until such
time as any required deposit or advance payment has been received in cleared
funds.
3.3 If we do not require a deposit or advance payment, the Order shall only be
deemed to be accepted when we issue written acceptance of the Order at which
point and on which date the Contract shall come into existence (Commencement
Date).
3.4 Any samples, drawings, descriptive matter or advertising issued by us, and
any descriptions or illustrations contained in our website, catalogues or
brochures, are issued or published for the sole purpose of giving an
approximate idea of the Services described in them. They shall not form part of
the Contract or have any contractual force.
3.5 These terms apply to the Contract to the exclusion of any other terms and
conditions that the Client may seek to impose or incorporate, or which are
implied by trade, custom, practice or course of dealing.
3.6 Any quotation given by us shall not constitute an offer, and is only valid
for a period of 20 Working Days from its date of issue.
4. SUPPLY OF SERVICES
4.1 We shall use reasonable endeavours to supply the Services to the Client in
all material respects.
4.2 We shall use reasonable endeavours to meet any performance dates specified
by you, but any such dates shall be estimates only and time shall not be of the
essence for performance of the Services.
4.3 We shall provide the Services using reasonable care and skill.
THE WORK SPACE
5.1 This agreement does not include any work, material or labour in connection
with any excavation, site work, plumbing, electrical, masonry, floor covering,
painting or decorating work, unless specifically provided herein or agreed
separately with the Client. The Client agrees that it shall be responsible for
ensuring that the building or premises is in, or will by the installation start
date, a condition suitable for the installation of work under this agreement.
5.2 Please make available any parking permits/vouchers required for the
property address or street in advance, otherwise parking shall be charged
extra.
5.3 Please ensure that a clear and safe passage is made available from the
street to the Work Space, with no missing floorboards, scaffolding or other
obstacles on route.
5.4 The site must be secure. Doors and windows must be fitted, glazed and
lockable or security personnel on site 24 hours.
5.5 We require access to Welfare Facilities on site.
5.6 All children and pets must be kept out of the Work Space for the duration
of the installation.
5.7 We will not, at any point, in any property, remove foot ware to carry out
works or gain access to the Work Space. If required by the client we will wear
protective overshoes.
5.8 Adequate 240 volt and/or 110 volt power must be available and ceiling
lights should be working or other suitable lighting provided in the Work Space.
5.9 Please ensure services including, but not limited to gas, electrical,
water, waste points, extractor holes, audio visual, telecommunications, service
voids and access points are correctly and accurately positioned prior to our
arrival and any individual services accurately labelled.
5.10 The Work Space must be clean and tidy. No one else’s tools, materials or
rubbish are to be left in the Work Space.
5.11 All other trades and/or persons, except those working directly with us,
must be out of the Work Space for the duration of the installation.
5.12 The Work Space must be of a temperature, and have a relative humidity
level, appropriate to the living conditions in the country of work. We would
expect, for work in the United Kingdom, the temperature to be between 16
degrees Celsius and 24 degrees Celsius with a relative humidity of between 40%
and 50% at the time of installation. We accept no responsibility for movement
of any materials installed including but not limited to timber, stone, metal,
glass, man-made board material, composite and plastic that as a result of
temperature and/or humidity change has altered in dimension which may have a
detrimental effect on the appearance and/or structure of the installed items by
way of joints opening, panels bowing, bending and shrinking, items becoming
uneven, becoming loose or free from their fixings or support mechanism or their
texture changing.
6. LIMITATION OF LIABILITY
6.1 We accept no responsibility for damage caused to any floor if the floor has
not been adequately protected by the Client or others prior to the
installation.
6.2 We accept no responsibility, cost or liability for any damage or breakage
caused by us to any item(s) including but not limited to:
(a) Any attempt by us to rectify, alter, modify or adjust work previously
fitted by the Client and/or other trades and/or other persons
(b) The Work Space not being completed to an acceptable standard by the Client
and or other trades and or other persons ready for us to work in by the
installation start date
(c) Other trades and/or other persons not working directly with us in the Work
Space
(d) The Work Space being compromised by access route or thoroughfare
(e) Lack of storage and/or Work Space requiring items to be stacked and/or
constantly moved by us or others
6.8 We will not be liable for any modifications, alterations or adjustments to
installed items due to subsidence, building movement or floor loading or
material dimension changes in particular but not limited to new floors,
flooring materials and joists that are deemed to have shrunk or moved, uneven
floors or levels, or walls out of square or plumb, or for variations of size,
design or the shape of existing or new appliances or by any other situations
not covered by this agreement. In the case of a dispute it will be the
responsibility of the contractor, Client or other appointed third party and at
their cost to prove, by independent survey and/or testing, that the
building/structure has NOT subsided, moved, shrunk or parts are subject to
excessive weight.
6.9 Nothing in the Contract shall limit or exclude our liability for:
(a) death or personal injury caused by its negligence, or the negligence of its
employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and
Services Act 1982 (title and quiet possession) or any other liability which
cannot be limited or excluded by applicable law.
6.10 Subject to Clause 6.9, we shall not be liable to the Client, whether in
contract, tort (including negligence), for breach of statutory duty, or
otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; or
(g) any indirect or consequential loss.
6.11 Subject to clause 6.9, our total liability to the Client, whether in
contract, tort (including negligence), breach of statutory duty, or otherwise,
arising under or in connection with the Contract shall be limited to 15% of the
charges payable in respect of any specific project or in the prior 3 months for
ongoing service provision.
6.12 The terms implied by sections 3 to 5 of the Supply of Goods and Services
Act 1982 are, to the fullest extent permitted by law, excluded from the
Contract.
6.13 This clause 6 shall survive termination of the Contract.
INSTALLATION
7.1 We will not be held liable for not attending site due to lack of notice.
Please inform us at least 5 Working Days prior to your requirements in writing.
7.2 We aim to be on site at 9.00am on each day of the installation. If there
are any restricted working hours and/or quiet times to be observed, you must
inform us before we schedule installation dates.
7.3 We work Monday to Friday only.
DELAY
8.1 Should there be any ‘on site’ delay in the installation caused by you or
third parties a charge will be levied to you for our time.
8.2 If during the course of an installation there is a delay in site progress
or a delay in the manufacture or supply of items that we are to install, or
there are other works which result in us being compromised in regards progress
and a decision made by you, the client or third party for us to cease work and
or leave site then we must have 5 working days’ notice of this in writing to be
agreed by us in advance or a charge will be made at the standard rate, per
installer, for the remainder of the 5 working days’ notice period.
8.3 We shall use our reasonable endeavours to meet any date agreed for
installation. In any event time of installation shall not be of the essence and
we shall not be liable for any losses, costs, damages or expenses incurred by
the Client or any third party arising directly or indirectly out of any failure
to meet any estimated installation date.
8.4 Should site delays and or conditions outside our control including but not
limited to acts of God, severe and or freak weather conditions, terrorist
attacks and incidents causing disruption, public transport or other strikes,
walk outs, lock outs, accidents, war, fire, breakdown of plant or machinery or
riots occur we will not be held responsible or be liable for any delay, failure
or deliver our services or failure to complete our services under this
agreement or for the extra time required to complete the installation. We shall
schedule a return visit at our earliest available opportunity but shall not be
held liable for any delays in completion this may cause.
8.5 Critical items not delivered by you or third parties which impede the
proposed method of installation or jeopardise the accuracy of the installation
may incur additional charges. We will not be liable for any inaccuracies caused
by items not being supplied and/or delivered and us having to work out of
sequence to complete the remainder of the installation.
8.6 Any shortcomings, omissions or errors in the design of any furniture,
appliances, accessories or other goods at the scheduled time of the
installation will be the responsibility of third parties and will be addressed
as a ‘remedial visit’ which may incur an extra charge to fit or rectify. We
will notify you if an extra charge is to be made prior to the work being
carried out.
8.7 We shall not compromise the quality of any installation in efforts to gain
time or complete an installation faster or to meet a deadline. If you require
us to deviate from our proposed installation methods we shall require an
instruction from you in writing.
8.8 We reserve the right to make a reasonable charge for any delays, extra work
undertaken and inconveniences caused whilst on site.
8.9 Any work out with these hours will be at our discretion and will be charged
at an overtime rate of 150% on Working Days, and Saturdays and 200% on Sundays
or as otherwise agreed in writing between us and the Client prior to the
commencement of the Services. Bank holidays excluded.
ACCURACY OF MEASUREMENTS AND INFORMATION
9.1 All measurements, dimensions and sizes supplied on drawings will be worked
to as closely as reasonably practicable. We accept no liability for deviation
from measurements, dimensions or sizes caused by floors, walls, ceiling and or
ceiling components, door and window openings reveals or apertures which are not
plumb, level, flat and that are not as set out in the drawings provided.
9.2 Any starting points and/or datum marks must be clearly marked and shown to
us on arrival and prior to us starting installation. If flooring is being laid
after the installation we must have confirmation of its thickness and
substrate, and a sample if possible, so we can adjust the furniture height
accordingly.
9.3 Where information is given to you by us, either verbally or written, it is
done in a timely fashion and with as much accuracy as possible and in good
faith. We will not be held responsible for any omissions, errors or false
information supplied to you. It is your responsibility to confirm the
information provided to you is true and accurate.
10. FURNITURE, APPLIANCES, FLOORING AND ACCESSORIES
10.1 All furniture, appliances and accessories must be on site prior to the
first day of the installation. We cannot guarantee that we will be able to
install late deliveries of such items during the scheduled dates of
installation. Furniture, appliances and accessories can be large and heavy;
please make sure they are in the correct area of the Work Space for
installation. We will not be liable for damage caused by dis-assembly and
assembly of items to gain them access to the site and/or Work Space.
10.2 Any glass or mirror handling or installation will only be by prior
approval with accurate dimensions given in advance. We shall not handle glass
or mirrors longer than 2 meters in any dimension or weighing more than 25kg.
Any delivery of glass or mirror will only be received by us on site at our
discretion at the time of delivery.
10.3 Mirrors and or glass will only be bonded using adhesive or other fixing
methods supplied by you.
10.4 Appliances will be installed on a ‘dry fit’ basis only. A ‘dry fit’ will
consist of the installation of the furniture, appliances and accessories in a
pre-prepared room with no building, electrical, plumbing or gas work undertaken
by us.
10.5 If we are required to re-use existing and/or second hand equipment we
accept no liability for appearance, service, or longevity of the equipment, and
will not be held liable for incorrect installation should full instructions and
complete fixtures and fittings not be available. We will not be liable for any
wear and tear on supplied fixtures and fittings or any breakages or failure’s
resulting from there re-use.
INTERRUPTIONS DURING INSTALLATION
11.1 We shall not be financially penalised for any time taken to travel from
the Work Space to amenities that are not within easy and reasonable reach of
the Work Space including but not limited to:
(a) 240v battery charging stations or power points
(b) Mobile phone chargers
(c) Site toilets
(d) Welfare Facilities
11.2 We shall not be financially penalised for any time taken to travel to the
Work Space for reasons including but not limited to:
(a)Hoist or lift queues, overcrowding, servicing and maintenance, mechanical
failure or restrictions
(b) Remote parking locations distant from site
(c) Access routes provided by site.
11.3 We shall not be financially penalised for any interruptions to
communications including but not limited to:
(a) Lack or loss of signal due to geographic location
(b) Lack or loss of signal due to building structure i.e. basement works
(c) Site restrictions forbidding the use of mobile phones
11.4 We shall not be financially penalised for any interruptions on site
including but not limited to:
(a)Security checks
(b) Bomb sweeping
(c) Client or third party visits
(d) Design/architect/contractor meetings in the Work Space
(e) Fire alarm tests
(f) Access codes, swipe cards, biometric, retinal or palm scanning malfunctions
denying access.
12 THE SAFETY OF OUR EMPLOYEES
Should our employees feel at any point endangered or at risk by unsafe working
practices or procedures on site they will stop work until the situation is
rectified, and may leave the site until they feel it is safe to return. We will
not be financially penalised for any down time as a result.
OUR CHARGES
13. CM Interiors will provide a written quotation outlining the costs.
13.2 Should, for any reason whatsoever, we be stopped from working or removed
from site by you, the client or any other third party without being allowed
immediate and reasonable access to remove our full working tool kit and any
personal items belonging to our employees and or sub-contractors, we shall
charge you our full day rate costs multiplied by the number of our operatives
on site, for every day plus all expenses and cost involved with removing the
items belonging to us, and with 50% increase on Saturdays and 100% increase on
Sunday to the full day rate, until the items are recovered.
PAYMENT
14.1 Full payment for agreed works shall be paid by the buyer to the seller
upon practical completion (completion of the main installation works not
withstanding any works not completed due to a shortage or damaged materials or
remedial works requiring a return to site) on each day of completed works
14.2 We are to have cleared funds paid into the bank account on day of
practical completion. Interest on non-payment, late payment or shortcomings
will be charged at 8% above the current Bank of England Base Rate per calendar
month or part month.
14.5 Should, for any reason whatsoever, payment not be forthcoming by the due
date as per clause 14.2 above, CM Interiors reserve the right to stop work and
if deemed necessary remove their tools and equipment from any site related to
your company without financial penalty or counter-charge for non-installation
and will invoice for works completed up until the date we leave site. CM
Interiors will not be held liable for any costs incurred to complete the works
or for any counter charges for delays of any sort whatsoever or for claims for
defamation of brand by not completing works under this clause.
CANCELLATION OR POSTPONEMENT
15.1 Should the installation require to be rescheduled for any reason we shall
endeavour to do so at our earliest opportunity, however, this may be anything
up to six weeks from the initial date during busy and or holiday periods.
15.2 Cancellation or postponement of the installation within a 3 week period
from the scheduled installation date will incur penalty charges for the
duration of the cancellation period or the duration of the booked installation,
whichever is the lesser.
15.3 If cancellation or postponement occurs within the 3 week notice period for
work booked outside the United Kingdom or further than the M25 motorway then
all costs incurred including administration and any accommodation and travel
already booked will be payable in full.
15.4 If 4 (four), or more, installers are booked then we require 3 weeks (15
Working Days) notice of any postponement or cancellation. If postponement or
cancellation is within the 3 weeks (15 Working Days) period then charges will
be issued at 25% for the first week, 50% for the second week and 75% for the
third week, for the duration of the 3 week period or for the scheduled duration
of the installation – whichever the lesser, per installer booked.
15.5 If less than 4 (four) installers are booked then we require 2 weeks (10
Working Days) notice of any postponement or cancellation. If postponement or
cancellation is within the 2 weeks (10 Working Days) period then charges will
be issued at 50% for the first week, 75% for the second week, for the duration
of the 2 week period or for the scheduled duration of the installation –
whichever the lesser, per installer booked.
DISPUTES
16.1 Any invoice query or dispute, either partial or full, shall only be
entertained if we receive this in writing within 3 Working Days from completion date a valid and fair reason for non-payment or part payment with accurate
evidence. If we are not informed within 3 Working Days of any query or
disagreement regarding the payment amount then it will be understood that you
agree to pay the invoice in full by the required date.
16.2 We will not entertain any claim for incorrect installation if accurate and
current, fully dimensioned drawings have not been issued by you or third
parties prior to the commencement of the installation.
16.3 Any damages whatsoever, whether to furniture or property, suspected to be
caused by our employees will only be considered if we are informed in writing
within 24 hours of the event.
16.4 Should we be responsible for damage caused we must be given fair
opportunity and arranged access to rectify the situation prior to new items
being ordered.
16.5 Should you have any concern about the quality of the installation we have
provided, or are in the process of providing, we must be informed in writing of
your concerns with clearly labelled images of the area(s) in question. We will
reply in a timely manner, and may request a site visit to confirm the issues
first hand. Should work be required to rectify an issue then we must be given
fair opportunity and access to undertake the work ourselves. If we are not
given fair opportunity to resolve the issues in question then we shall have
been disadvantaged and any claim made against us shall be void.
16.6 If you require to cancel an installation we are currently working on then
we require a 5 Working Day notice period in writing. If you require us to leave
site prior to the end of the 5 Working Days’ notice period you shall still be
liable for our charges until that time or until the booked end date of the
installation whichever the lesser.
TERMINATION
17.1 Without affecting any other right or remedy available to it, either party
may terminate the Contract by giving the other party 1 (one) months’ written
notice.
17.2 Without affecting any other right or remedy available to it, either party
may terminate the Contract with immediate effect by giving written notice to
the other party if:
(a) the other party commits a material breach of any term of the Contract and
(if such a breach is remediable) fails to remedy that breach within 5 Working
Days of that party being notified in writing to do so;
(b) the other party takes any step or action in connection with its entering
administration, provisional liquidation or any composition or arrangement with
its creditors (other than in relation to a solvent restructuring), being wound
up (whether voluntarily or by order of the court, unless for the purpose of a
solvent restructuring), having a receiver appointed to any of its assets or
ceasing to carry on business or, if the step or action is taken in another
jurisdiction, in connection with any analogous procedure in the relevant
jurisdiction;
(c) the other party suspends, or threatens to suspend, or ceases or threatens
to cease to carry on all or a substantial part of its business; or
(d) the other party’s financial position deteriorates to such an extent that in
the terminating party’s opinion the other party’s capability to adequately
fulfil its obligations under the Contract has been placed in jeopardy.
17.3 Without affecting any other right or remedy available to us, we may
terminate the Contract with immediate effect by giving written notice to the
Client if:
(a) the Client fails to pay any amount due under the Contract on the due date
for payment; or
(b) there is a change of control of the Client.
17.4 Without affecting any other right or remedy available to us, we may
suspend the supply of Services under the Contract or any other contract between
us and the Client, if the Client fails to pay any amount due under the Contract
on the due date for payment, the Client becomes subject to any of the events
listed in clause 17.2 (b) to clause 17.2 (d), or we reasonably believe that the
Client is about to become subject to any of them.
CONSEQUENCES OF TERMINATION
18.1 On termination of the Contract:
(a) the Client shall immediately pay to us all of our outstanding unpaid
invoices and interest and, in respect of Services supplied but for which no
invoice has been submitted, then we shall submit an invoice, which shall be
payable by the Client immediately on receipt;
(b) the Client shall return all of the supplier materials and any deliverables
which have not been fully paid for. If the Client fails to do so, then we may
enter the Client ‘s premises and take possession of them. Until they have been
returned, the Client shall be solely responsible for their safe keeping and
will not use them for any purpose not connected with the Contract.
18.2 Termination or expiry of the Contract shall not affect any rights,
remedies, obligations or liabilities of the parties that have accrued up to the
date of termination or expiry, including the right to claim damages in respect
of any breach of the Contract which existed at or before the date of
termination or expiry.
18.3 Any provision of the Contract that expressly or by implication is intended
to come into or continue in force on or after termination or expiry of the
Contract shall remain in full force and effect.
INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by the Client) shall be owned by us.
GOVERNING LAW AND JURISDICTION
These terms shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.
SEVERANCE
If any part of this agreement is found to be void or invalid by a court of law,
the remaining parts of the terms shall not be affected in any way.
WE MAY MAKE CHANGES TO THESE TERMS
We may need to make changes to these terms from time to time for operational or
other reasons. Every time you wish to use our Services, please check these
terms to ensure you understand what terms apply to your use of our Services at
the relevant time. If you do not agree to any change to these terms, you must
not continue to use our Services.
By engaging CM Interiors to carry out works as agreed you are bound to these terms and conditions and you, either privately or on
behalf of the company, accept responsibility for all of the above terms and
conditions and, should our terms not be met, we have the right to cancel this
agreement and recover damages from you by way of legal proceedings.