Terms and Conditions
1. In these terms and conditions the following terms will have the following meanings:-
Company: Trevolution Limited;
Contract: The contract created by the Customer’s acceptance of an Estimate for services provided by the Company;
Estimate: An estimate issued by the Company for the supply of Services;
Materials: All materials provided and supplied by the Company in relation to the Services;
Services: The services provided by the Company as set out in the Estimate together with any other services which the Company provides or agrees to provide to the Customer;
Price: The price for the provision of Services detailed in the Estimate.
2.1. These terms and conditions shall apply to all contracts for the supply of Services and will be incorporated into the Contract to the exclusion of any terms and conditions stipulated or referred to by the Customer, or implied by law, trade custom, practice or course of dealing.
2.2. No variation or amendment to the Contract or oral promises or commitment relating to it will be valid unless it has been agreed and is in writing and has been signed by or on behalf of the Company.
2.3. Nothing in these terms and conditions shall affect the Customer’s statutory rights.
3.1. No Contract will come into existence until the Customer’s order (however given) is accepted by the Company within the period specified in clause 3.4. The Customer's order, or the Customer's acceptance of the Estimate, constitutes an offer by the Customer to purchase the Services. No offer placed by the Customer shall be accepted by the Company other than:
3.1.1.by a written acknowledgement issued and executed by the Company; or
3.1.2.(if earlier) by the Company starting to provide the Services.
3.2. All orders given by the Customer shall be deemed to be an acceptance of the Estimate pursuant to these terms and conditions. The Customer's standard terms and conditions (if any) attached to, enclosed with or referred to in any order shall not govern the Contract.
3.3. Estimates are given by the Company on the basis that no Contract shall come into existence except in accordance with condition 3.2
3.4. The Price is open to acceptance and shall remain valid for a period of 30 days from the date of the Estimate given by the Company provided that the Company has not previously withdrawn it.
4. Price and Payment
4.1. The Price is as specified in the Estimate and includes any applicable charges detailed in the Estimate and the cost of services reasonably and properly provided by third parties
4.2. The Price excludes Value Added Tax (VAT) and any other taxes or duties which may be charged at the rate or rates applicable at the date of the invoice from the Company to the Customer. VAT will be charged on the total cost of the Services.
4.3. The Company will have the right to adjust the Price for any increase in the price of materials, labour, transport, changes in work or delivery, schedules or quantities or any other cost of any kind arising from any reasons after the date of the Contract.
4.4. Payment Terms and strictly 30 days from the date of invoice, unless special arrangements have been made. The Company reserves the right to apply a charge of 8% per annum, above the current base rate to any overdue payments. In the event of non-payment the fees from the Companies Collection Agency, will be added to the outstanding account.
4.5. The Company reserves the right to request a deposit, details of which will be provided to the Customer within the Estimate.
4.6. The Price excludes the cost of testing and inspecting the Materials.
5.1. Ownership of the Materials shall at all times remain the exclusive property of the Company and will only pass to the Customer on payment of the Price.
5.2. Any Materials used by the Company in relation to the Services are guaranteed as per any relevant manufacturer’s warranty. No guarantee will be given on Materials if they are not supplied by the Company, unless it has been agreed by the Company.
5.3. The Company may sub-contract the performance of the Services in whole or in part.
5.4. Natural products such as stone will have imperfections within them which occur naturally.
6. Customer’s Obligations
To enable the Company to perform its obligations the Customer shall: -
6.1. obtain all necessary permissions, licences and consents which may be required before the commencement of the Services, the costs of which shall be the sole responsibility of the Customer; and
6.2. ensure all floorings such as carpets, linoleum, vinyl or tiles and/or any special flooring such as parquet, hardwood, laminate or rubber are removed as is necessary prior to the commencement of the Services and to comply with such other requirements as may be set out in the Estimate or otherwise agreed between the Company and the Customer. The Company accepts no responsibility for any existing materials internal or external to the Customer’s property.
7. Cancellation and Termination
7.1. The Customer may cancel an order by notifying the Company in writing at the Company’s address up to a period of 24 hours before the performance of the Services is due to commence. If the Customer fails to cancel the order within the time specified in clause 7.1 any deposit paid by the Customer may not be returnable and a reasonable and proper charge calculated by the Company will be payable by the Customer for each individual allocated to perform the Services.
7.2 The Company may, without prejudice to any other rights or remedies available, at its discretion suspend or terminate the supply of any Services if the Customer fails to make any payment when due or otherwise defaults in any of its obligations under the Contract or becomes insolvent, has an administrative receiver appointed of its business or is compulsorily or voluntarily wound up or if the Company reasonably believes that any of the events may occur. On termination of the Contract the Customer will immediately pay the Company all outstanding unpaid invoices and in respect of Services supplied but for which no invoice has been submitted, the Company may submit an invoice, which shall be payable immediately on receipt.
8. Limitation of Liability
8.1. Nothing in these terms and conditions shall exclude or limit the liability of the Company for death or personal injury however the Company shall not be liable for any direct loss or damage suffered by the Customer however caused in contract, tort (including negligence or breach of statutory duty) misrepresentation or restitution or otherwise arising in connection with performance, or contemplated performance of the Contract or otherwise in excess of the price paid for the Services.
8.2. The Company 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 however caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
8.3. For the avoidance of doubt, time shall not be of the essence and the Company shall incur no liability to the Customer in respect of any failure to complete the Services by an agreed completion date.
8.4. The Company will have no liability with regard a claim for defective Services unless a claim is made in writing to the Company containing full details of the claim within 7 days of performance of the Services.
8.5. If the Company's performance of the Services under the Contract is prevented or delayed by any act or omission of the Customer, the Company will not be liable for any costs, damages or losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay.
8.6. The Company will have no liability for consequential loss whether as a result of a defect or malfunction of any internal plumbing or drainage within the Customer's property arising from any goods, services, arrangements provided by us unless through the Company's negligence. The Company cannot accept responsibility for any faults that may occur following the drain down power flush and re-pressurising of the Customer's central heating system unless this is due to the Company's negligence.
9. Force Majeure
The Company will not be liable for any delay or failure that the 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 Company shall be entitled to a reasonable extension of its obligations.
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.
11. Governing Law
11.1. 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.
11.2. For the avoidance of doubt nothing in these terms and conditions will confer on any third party any benefits or other rights to enforce any terms of the Contract