For the benefit of these terms and conditions the following words will have the following meanings:-
“The company” meaning Balneo Installation Ltd.
“The customer” meaning the company or person who agreed the works
“AFP” meaning advertised fixed price
THESE TERMS AND CONDITIONS (the “Contract”)
- The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.
- The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Contract.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Contract, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the “Party” and collectively the “Parties” to this Contract) agree as follows:
- The Client hereby agrees to engage the Contractor to provide the Client with the following services (the “Services”):
- Bathroom installation, scope specified at the time of the quote..
- The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.
TERM OF CONTRACT
- The term of this Contract (the “Term”) will begin on the date of this Contract and will remain in full force and effect until the completion of the Services and full payment of invoice, subject to earlier termination as provided in this Contract. The Term may be extended with the written consent of the Parties.
- The Parties agree to do everything outlined on the agreed quote and any extras requested.
- Except as otherwise provided in this Contract, all monetary amounts referred to in this Contract are in GBP.
- The Contractor will charge the Client for the Services as follows (the “Payment”):
- The Client will pay the Contractor agreed price upon payment of deposit. Any extra work that was carried out will be added to the Final Invoice, please see clauses for more detail.
- Invoices submitted by the Contractor to the Client are due upon receipt.
- In the event that this Contract is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Contractor will be entitled to pro rata payment of the Payment to the date of termination provided that there has been no breach of contract on the part of the Contractor.
- The Contractor will be responsible for all income tax liabilities and National Insurance or similar contributions relating to the Payment and the Contractor will indemnify the Client in respect of any such payments required to be made by the Client.
- The Contractor will be solely responsible for the payment of all remuneration and benefits due to the employees of the Contractor, including any National Insurance, income tax and any other form of taxation or social security costs.
- The Contractor will not be reimbursed for any expenses incurred in connection with providing the Services of this Contract.
PENALTIES FOR LATE PAYMENT
- Any late payments will trigger a fee of 25.00% per month on the amount still owing.
- Until the total cost of the invoice total has been discharged:-
(I) the Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all or any part of such goods in which title remains vested in the Company,
(ii) for the purpose specified in (I) above, the Company or any of its agents or authorized representatives shall be entitled at any time & without notice to enter any premises in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.
(iii) The Company shall be entitled to seek a court injunction to prevent the Customer from selling, transfering or otherwise disposeing of such goods.
- Trade secrets (the “Trade Secrets”) include but are not limited to any data or information, technique or process, tool or mechanism, formula or compound, pattern or test results relating to the business of the Client, which are secret and proprietary to the Client, and which give the business a competitive advantage where the release of that Trade Secret could be reasonably expected to cause harm to the Client.
- The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Trade Secrets which the Contractor has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Contract.
OWNERSHIP OF INTELLECTUAL PROPERTY
- All intellectual property and related material (the “Intellectual Property”) that is developed or produced under this Contract, will be the property of the Contractor. The Client is granted a non-exclusive limited-use licence of this Intellectual Property.
- Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Contractor.
RETURN OF PROPERTY
- Upon the expiry or termination of this Contract, the Contractor will return to the Client any property, documentation, records, or confidential information which is the property of the Client.
- In providing the Services under this Contract it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Contract does not create a partnership or joint venture between them, and is exclusively a contract for service.
All notices, requests, demands or other communications required or permitted by the terms of this Contract will be given in writing and delivered to the Partie’s email address email@example.com
- Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Contract. This indemnification will survive the termination of this Contract.
- If any major defects of the property are uncovered or it is discovered that further works need to be carried out which were not anticipated whilst work is underway the customer will be contacted and given a fair priced quote at such time as may arise.
- Any pictures taken throughout the project may be used on our website/social media unless you specifically request us not to.
- The Company shall only be bound by authorized official quotes sent by an authorized company representative. The Company shall not be bound by any estimates given orally or in which manifest errors occur.
- Every effort shall be made by the company to meet the work schedule; however any delay or change to the schedule is within the company’s right.
- If the Customer cancels their instructions after agreement, prior to any work being carried out the Customer shall be liable for the cost of any ordered items or materials and associated costs and expenditure to that point.
- If on completion of works the customer is unhappy with any part of the work, the customer is to give notice in writing in order for the company to investigate and inspect any such issues, the company reserves the right to carry out any remedial works as necessary. The customer accepts that any issues must be notified within 6 months of installation and if the customer fails to notify the company as aforesaid then the company shall not be liable.
(i) The Guarantee shall be for faulty workmanship for 6 months from the date of completion with the manufacturers 12 month warranty running concurrent. The Guarantee will become null & void if any item or part is:
(a) Subject to misuse or negligence.
(b) Repaired, modified or tampered with by anyone other than a Company operative.
(ii) Any blockages or drainage issues do not form part of the companies guarantee.
- Work is guaranteed only in respect of work directly undertaken by the company; any works not fully paid are not subject to normal guarantees. Any related or non-related faults arising from work suggested and not carried out will not be guaranteed. The company shall not be held liable or responsible for any damage or defect resulting from work that is required and not undertaken.
- Electrical Engineers operate under their own Registration & subsequent liability.
- The Company shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control & the Company shall be entitled to a reasonable extension of the time for performing such obligations.
MODIFICATION OF CONTRACT
- Any amendment or modification of this Contract or additional obligation assumed by either Party in connection with this Contract will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.
- These terms & conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner and shall prevail over any terms & conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering into a contact with the Company the Customer agrees irrevocably to waive the application of any such terms & conditions.
TIME OF THE ESSENCE
- Time is of the essence in this Contract. No extension or variation of this Contract will operate as a waiver of this provision.
- The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Contract without the prior written consent of the Client.
- It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Contract except as expressly provided in this Contract.
- This Contract will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
- Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Contract.
- Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
- This Contract will be governed by and construed in accordance with the laws of England.
- In the event that any of the provisions of this Contract are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Contract.
- The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Contract by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
UPON PAYMENT OF DEPOSIT YOU ACCEPT THESE TERMS.