1)
|
DEFINITIONS
|
| |
1.1 |
"Buyer"
means the individual or organisation who buys
or agrees to buy the Services from the Seller;
|
| |
1.2 |
"Consumer"
shall have the meaning ascribed in section
12 of the Unfair Contract Terms Act 1977;
|
| |
1.3 |
"Contract"
means the contract between the Seller and
the Buyer for the sale and purchase of Services
incorporating these Terms and Conditions;
|
| |
1.4 |
"Services"
means services that the Buyer agrees to buy
from the Seller;
|
| |
1.5 |
"Seller"
means London Building Contrstruction UK Limited
of 7-11 Minerva Road, Park Royal, London, NW10 6HU;
|
| |
1.6 |
"Terms
and Conditions" means the terms and conditions
of sale set out in this document and any special
terms and conditions agreed in writing by
the Seller.
|
| |
|
2)
|
CONDITIONS
|
| |
2.1 |
Nothing
in these Terms and Conditions shall affect
the Buyer’s statutory rights as a Consumer.
|
| |
2.2 |
These
Terms and Conditions shall apply to all contracts
for the sale of Services by the Seller to
the Buyer and shall prevail over any other
documentation or communication from the Buyer.
|
| |
2.3 |
Acceptance
of delivery of the Services shall be deemed
conclusive evidence of the Buyer’s acceptance
of these Terms and Conditions.
|
| |
2.4 |
Any
variation to these Terms and Conditions (including
any special terms and conditions agreed between
the parties) shall be inapplicable unless
agreed in writing by the Seller. |
| |
|
3)
|
ORDERING |
| |
3.1 |
All
orders for Services shall be deemed to be
an offer by the Buyer to purchase Services
pursuant to these Terms and Conditions and
are subject to acceptance by the Seller. The
Seller may choose not to accept an order for
any reason.
|
| |
3.2 |
When
making an order through the Website, the technical
steps the Buyer needs to take to complete
the order process are described in the ‘Cost
Calculator’ section of the web site. |
| |
|
4)
|
PRICE
AND PAYMENT
|
| |
4.1 |
The
Price of the Services shall be that stipulated
on the Seller’s Website. The Price is
inclusive of VAT.
|
| |
4.2 |
The
total purchase price, including VAT, will
be displayed in the Buyer’s payment
page prior to confirming the order.
|
| |
4.3 |
After
the order is received the Seller shall confirm
by email the details, description and price
for the Services together with information
on the right to cancel if the Buyer is a Consumer.
|
| |
4.4 |
Payment
of the Price plus VAT must be made in full
before commencement of the Services. |
| |
|
5)
|
RIGHTS
OF SELLER
|
| |
5.1 |
The
Seller reserves the right to adjust the price
and specification of any item on the Website
at its discretion.
|
| |
5.2 |
The
Seller reserves the right to withdraw any
Services from the Website at any time.
|
| |
5.3 |
The
Seller shall not be liable to anyone for withdrawing
any Services from the Website or for refusing
to process an order.
|
| |
|
6)
|
AGE
OF CONSENT
|
| |
6.1 |
Where
Services may only be purchased by persons
of a certain age the Buyer will be asked when
placing an order to declare that they are
of the appropriate legal age to purchase the
Services.
|
| |
6.2 |
If
the Seller discovers that the Buyer is not
legally entitled to order certain Services,
the Seller shall be entitled to cancel the
order immediately, without notice.
|
| |
|
7)
|
WARRANTY
The Seller warrants that the Services
will at the time of order correspond to
the description given by the Seller. Except
where the Buyer is dealing as a Consumer,
all other warranties, conditions, or terms
relating to fitness for purpose, merchantability
or condition of the Services, whether implied
by Statute, common law or otherwise are
excluded, and the Buyer is satisfied as
to the suitability of the Services for the
Buyer’s purpose.
|
8)
|
DELIVERY
|
| 8.1 |
Services
supplied within the UK will normally be provided
within 7 working days of acceptance of order.
|
| 8.2 |
Where
a specific survey or installation date has
been agreed, and where this survey or installation
date cannot be met by the Seller, the Buyer
will be notified and given the opportunity
to agree a new survey or installation date
or receive a full refund.
|
| 8.3 |
The
Seller shall use its reasonable endeavours
to meet any date agreed for survey or installation.
In any event time of survey or installation
shall not be of the essence and the Seller
shall not be liable for any losses, costs,
damages or expenses incurred by the Buyer
or any third party arising directly or indirectly
out of any failure to meet any estimated survey
or installation date.
|
| 8.4 |
The
Services shall be provided at the Buyer’s
address specified in the order and the Buyer
shall make all arrangements necessary to be
available when the survey or installation
is due to take place. |
| |
9)
|
CANCELLATION,
REFUNDS, AND WARRANTY
|
| 9.1 |
If
a Survey Service is cancelled by the Buyer
48 hours or more ahead of the agreed appointment,
a full refund will be given by the Seller
on the survey fee paid by the Buyer. If a
Survey Service is cancelled less than 48 hours
ahead of the agreed appointment, a 50% refund
will be given on the survey fee.
|
| 9.2 |
If
an Installation Service is cancelled by the
Buyer 7 days or more ahead of the date of
installation, a full refund will be given
by the Seller on the installation fee paid
by the Buyer. If the survey is cancelled less
than 7 days ahead of the date of installation,
a 70% refund will be given on the installation
fee paid.
|
| 9.3 |
The
Installation Service is covered by a 3-year
guarantee commencing on the date of completion
of the Service. In the event of faulty workmanship
within 3 years of the date of installation,
the Seller will arrange to correct the problem
free of charge. The guarantee applies only
to the installation service provided by the
Seller and not to faults or defects with units,
appliances, or other equipment not supplied
by the Seller.
|
| |
|
| 10) |
LIMITATION
OF LIABILITY
|
| |
10.1 |
Except
as may be implied by law where the Buyer is
dealing as a Consumer, in the event of any
breach of these Terms and Conditions by the
Seller the remedies of the Buyer shall be
limited to damages which shall in no circumstances
exceed the Price of the Services and the Seller
shall under no circumstances be liable for
any indirect, incidental or consequential
loss or damage whatever.
|
| |
10.2 |
Nothing
in these Terms and Conditions shall exclude
or limit the liability of the Seller for death
or personal injury resulting from the negligence
of the Seller or that of the Seller’s
agents or employees. |
| |
|
|
| 11) |
WAIVER
No waiver by the Seller (whether
express or implied) in enforcing any of its
rights under this contract shall prejudice
its rights to do so in the future. |
| |
|
| 12) |
FORCE
MAJEURE
The Seller shall not be liable for
any delay or failure to perform any of its
obligations if the delay or failure 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 Seller shall
be entitled to a reasonable extension of its
obligations. |
| |
|
| 13) |
SEVERANCE
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. |
| |
|
| 14) |
CHANGES
TO TERMS AND CONDITIONS
The Seller shall be entitled to alter
these Terms and Conditions at any time. but
this right shall not affect the existing Terms
and Conditions accepted by the Buyer upon
making a purchase. |
| |
|
| 15) |
GOVERNING
LAW AND JURISDICTION
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. |
| |
|
