1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Event Outside Our Control: is defined in clause 10.2;
(b) Goods: the goods that We are selling to you as set out in the Order;
(c) Order: your order for the Goods and/or Services;
(d) Product: the product We create for you as a result of the Services, as set out in the Order;
(e) Services: the services that We are providing to you as set out in the Order;
(f) Specification: the specification (including any plans and drawings) attached to the Order detailing the Goods and Services covered by the Order;
(g) Terms: the terms and conditions set out in this document;
(h) We/Our/Us: Living Needs Solutions, 1 Mill Road, Barnstaple, Devon, EX31 1JQ.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply Goods, or Services, or both Goods and Services, to you. Together with the Order and Specification these terms and conditions constitute a contract.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and Specification are complete and accurate, before you sign both. If you think that there is a mistake or require any changes, please contact Us to discuss.
2.3 In signing the Order and Terms you acknowledge that a contract has been created and that you agree to be bound by your obligations under the same.
2.4 If any of these Terms conflict with any term of the Order, the Order will take priority.
2.5 The images of the Goods on Our website and in Our catalogues or brochures are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer’s display of the colours or the printed pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.
2.6 Errors and Omissions Excepted. We endeavour to keep all information as accurate as possible; however errors will occur from time to time.
3. CHANGES TO ORDER OR TERMS
3.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how We accept payment from you; and
(b) changes in relevant laws and regulatory requirements.
3.2 If We have to revise these Terms under clause 3.1, We will give you at least 7 days written notice of any changes to these Terms before they take effect.
3.3 You may make a change to the Order for Goods and/or Services within 7 calendar days of placing an Order by contacting Us. Where this means a change in the total price of the Goods and/or Services, We will notify you of the amended price in writing.
3.4 We may make a change to the Order (including the Specification) for Goods and/or Services on grounds that we deem it necessary for technical or safety reasons.
4. GUARANTEE OF GOODS
4.1 The majority of our Goods come with a manufacturer’s guarantee. For details, please refer to the manufacturer’s guarantee provided with the Goods.
4.2 Where a manufacturer’s guarantee is provided Our liability in respect of Goods is restricted to the manufacturer’s guarantee and does extend beyond the same.
4.3 Where a manufacturer’s guarantee is not provided We guarantee that Goods will be covered by Us for 12 months. However, this guarantee does not apply in the circumstances described in clause 4.4.
4.4 This guarantee does not apply to any defect in the Goods arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Goods in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of Our authorised repairers; and
(e) any materials provided by you.
4.5 These guarantees are in addition to your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
5. PROVISION OF SERVICES
5.1 We will undertake the Services in accordance with the Order and Specification in an efficient manner and to a good standard using good quality materials. This includes compliance with Building Regulations where necessary.
5.2 We will make every effort to complete the Order on time. However, there may be delays due to an Event Outside Our Control. See clause 10 for Our responsibilities when an Event Outside Our Control happens.
5.3 We may have to suspend the Services if We have to deal with technical problems, or to make improvements agreed between you and Us in writing to the Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. If further work is required for any reason any increase in costs will be agreed by both parties before we undertake any further Service.
5.4 In providing the Services We will carry insurance cover limited to £5,000,000.00 in respect of Employer’s Liability, Public Liability and Contractor’s All Risk Cover.
5.5 If you do not pay Us for the Services when you are supposed to We may suspend the Services with immediate effect until you have paid Us the outstanding amounts. We will contact you to tell you this. This does not affect Our right to charge you interest under clause 7.4.
6. IF THERE IS A PROBLEM WITH THE SERVICES
6.1 In the unlikely event that there is any defect with the Services or Product:
(a) Please contact Us and tell Us as soon as reasonably possible;
(b) Please give Us a reasonable opportunity to repair or fix any defect; and
(c) We will use every effort to repair or fix the defect as soon as reasonably practicable
You will not have to pay for Us to repair or fix a defect with the Services or Product under this clause 6.2.but our liability is limited to 12 months from the date of installation.
6.3 As member of the Consumer Protection Association we are able to provide an Insurance Backed Guarantee Scheme in respect of most Services to a limit of £100,000.00 in value. This protection is not automatic and is strictly dependent upon your application to the scheme. We advise that you should contact Us before placing the Order to discuss if appropriate.
6.4 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal
rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
7. PRICE AND PAYMENT
7.1 The price of the Goods and/or the Services will be set out in the Order. These prices include VAT unless VAT exemptions apply as detailed in Clause 7.2. However, if the rate of VAT changes between the date of the Order and the date of delivery or installation, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods and/or Services in full before the change in the rate of VAT takes effect.
7.2 A number of Our Goods and Services may qualify for a zero or reduced rate of VAT and we will endeavour to consider this with You and if requested provide appropriate VAT Exemption/Reduction Declaration Forms where necessary. Please be aware that We cannot apply any VAT exemption/reduction unless you have satisfied Us of your eligibility and returned a fully completed VAT Exemption/Reduction Declaration Form with the Order. We cannot guarantee the return of VAT paid incorrectly as a result of your eligibility not having been evidenced to Us.
7.3 It is always possible that, despite Our best efforts, the Order may be incorrectly priced by mistake. It is also possible that the cost of providing the Goods and/or Services has increased due to our own suppliers prices. If the Goods/and or Services price is higher than the price stated in the Order, We will contact you to tell you and ask for your instructions. We reserve the right to cancel the Order if a variation in price cannot be agreed within 7 days of our notification to you.
7.4 We will ask you to make an advance payment of 25% of the price of the Goods and/or Services and we are not bound by this contract until such payment has been made. We will invoice you for the balance in accordance with the order and you will be invoiced accordingly. You must pay each invoice in cleared monies within 14 calendar days at the date of the invoice.
7.5 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of Lloyds TSB Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
7.6 Title in the Goods shall remain vested with Us until We have received payment in full.
8. OUR LIABILITY TO YOU
8.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.
8.2 We will make good any damage to your property caused by Us in the course of installation or performance. However, We are not responsible for the cost of repairing any pre-existing faults or damage to your property that We discover in the course of installation and/or performance by Us.
8.3 We only supply the Goods and/or Services or Product for domestic and private use. You agree not to use the Goods and/or Services or Product for any commercial, business or re-sale purpose without our prior approval. In any event We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.4 We do not accept any liability (including consequential loss, the costs of reinstatement and/or replacement or any costs caused as a result of delay) for the quality or suitability of any Goods and/or Services which have been provided at your specification or design or those of a third party
instructed by you. This includes Goods/and or Services which we have provided based on measurements which you have provided and which are found to be incorrect.
9. YOUR RESPONSIBILITY TO US
9.1 In order to allow us to complete the Order you will at all times ensure:
(a) that the place of work is available to us without obstruction during the hours of 8.00am – 5.00pm Monday to Friday;
(b) the provision of water and electricity at no cost to Us;
(c) that all necessary permissions and consents (including planning permission where necessary) are obtained; and
(d) that all structures, services and supplies existing from our initial pre quotation visit remain unaltered.
9.2 Failure to comply with clause 9.1 will constitute a material breach for the purposes of clause 12.3.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
10.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
11. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
11.1 You may cancel any Order for Goods and/or Services within 7 calendar days of placing an Order by contacting Us. We will confirm your cancellation in writing to you and any payment made in advance for Services that have not been provided to you, or Goods that have not been delivered to you, will be refunded. You will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you.
11.2 You may only cancel an Order for Goods and/or Services after 7 calendar days with our written permission. You will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you.
11.3 Once We have begun to provide the Services to you, you may cancel the contract for the Services at any time by providing Us with at least 7 calendar days’ notice in writing. Any advance payment you have made for Services that have not been provided will be refunded to you and We reserve the right to remove any installed Goods which have not been paid for.
11.4 You may cancel the contract for Goods and/or Services with immediate effect by giving Us written notice if:
(a) We break this contract in any material way and We do not correct or fix the situation within 7 days of you asking Us to in writing;
(b) We go into liquidation or a receiver or an administrator is appointed over Our assets;
(c) We change these Terms under clause 3.1 to your material disadvantage;
(d) We are affected by an Event Outside Our Control.
12. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
12.1 If We have to cancel an Order for Goods and/or Services before the Services start or the Goods are delivered:
(a) We may have to cancel an Order before the start date for the Services or before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock or (in the case of Services) key personnel or key materials without which We cannot provide the Services. We will promptly contact you if this happens.
(b) If We have to cancel an Order under clause 12.1(a) and you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts to you.
(c) Where We have already started work on your Order for Services by the time We have to cancel under clause 12.1 (a), We will not charge you anything and you will not have to make any payment to Us.
12.2 Once We have begun to provide the Services to you, We may cancel the contract for the Services at any time by providing you with at least 30 calendar days’ notice in writing. If you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
12.3 We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
(a) you do not pay Us when you are supposed to as set out in clause 7.3. This does not affect Our right to charge you interest under clause 7.4;
(b) you break the contract in any other material way and you do not correct or fix the situation within 7 days of Us asking you to in writing; or
(c) We find it necessary to make design changes for technical or safety reasons to which you do not agree and do not agree to meet the cost of.
13.1 Any dispute between us shall be referred to an appropriate independent expert (depending on the nature of the dispute) appointed by agreement or in default of agreement appointed by the President of the Royal Institution of Chartered Surveyors. The experts decision shall be final and binding on the parties.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 We will use the personal information you provide to Us to:
(a) provide the Goods and/or Services;
(b) process your payment for such Goods and/or Services; and
(c) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
14.2 You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
15. OTHER IMPORTANT TERMS
15.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
15.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms. However, the purchaser of your property will have the benefit of the guarantee at clause 4.1 if you transfer it to them, but We and you will not need their consent to cancel or make any changes to these Terms.
15.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
15.5 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.