Bespoke Worktops Supply Only or Templated, Manufactured and Installed Terms and Conditions
These Terms and Conditions shall apply to the provision of goods and services by Premservice Limited to customers that require the goods and services.
1.Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|“Agreement”||Means the contract into which the Parties will enter on the Customer’s acceptance of the Quotation and of these Terms and Conditions which shall incorporate, and be subject to, these Terms and Conditions|
|“Agreed Date”||Means the date on which the provision of the Services will commence as agreed by the Parties|
|“Agreed Times”||Means the times which the Parties shall agree upon during which the Surveyor and Installer shall have access to the Property to complete the Job|
|“Business Day”||Means any day (other than a Saturday or Sunday) on which ordinary banks are open for their full range of normal business;|
|“Customer”/ “ You”||Means the individual that requires the Services subject to these Terms and Conditions and the Agreement;|
|“Job”/ “Work”||Means the complete rendering of the templating, production and installing Services;|
|“Order”||Means the Customer’s initial request to acquire the Services from Premservice Limited|
|“Products”||Means the products required for the completion of the Work which Premservice Limited shall procure and supply and install;|
|“Property”||Means the Customer’s home, as detailed in the Order and the Agreement, at which the Work is to take place;|
|Means a quotation detailing proposed fees and services supplied to the Customer
Means an estimated cost for products and services selected by You through our online product selection library or estimated by Us based on documentation You have provided Us, with all costings subject to survey and template by Us;
|“ We”/“Us”/”Our”||Means Premservice Ltd, a company registered in England under 6774242, whose registered address is 2 Mill Road Haverhill Suffolk CB9 8BD|
|“Services”||Means the services provided by Premservice Limited as detailed in Clause 6 of these Terms and Conditions; and|
|“Visit”||Means any occasion, scheduled or otherwise, on which Premservice Limited or any sub-contractors on behalf of Premservice Limited shall visit the Property to render the Services I|
2. Information about us
Our Site, Buy-Kitchen-Worktops.co.uk, is owned and operated by Premservice Limited, a limited company registered in England under 6774242, whose registered address is 2 Mill Road Haverhill Suffolk CB9 8BD. Our VAT number is 943568884. You can contact us by Telephone on 02030 11 22 62 or by email at [email protected]
Unless the context otherwise requires, each reference in these Terms and Conditions to:
“Writing”, and any cognate expression, includes a reference to any communication effected by electronic mail (email);
“These Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
A Schedule is a schedule to these Terms and Conditions;
A Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and
A “Party” or the “Parties” refer to the parties to the Agreement.
The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
Words imparting the singular number shall include the plural and vice versa.
References to persons shall include corporations.
3. Estimates and Quotations
3.1 You may use the facilities provided by our website, Buy-Kitchen-Worktops.co.uk, to select personalised products and specifications relating to the Work requiring an estimate. Alternatively, the You may provide us, by email to [email protected] a detailed and dimensioned plan, sketch and written specification of the work requiring an estimate.
3.2 We will, on receipt of your specifications, provide you with an Estimate for the work by email within 72 hours.
3.3 All Estimates and/or quotations provided by Us are subject to review by Us on completion of site survey and templating at the Property. Any worktop sizes shown on our quotation to you are for pricing purposes only and are not confirmation that you will receive worktops at those lengths in one piece. Worktop lengths and joint positions are at the discretion of our Surveyor and are agreed with you or your representative during the site template visit.
3.4 For Supply Only Bespoke Worktops we will provide you with a Quotation based on your written requirements to us.
We accept orders for Goods and Services in writing through electronic mail (email). No orders will be accepted by telephone. A confirmation telephone call is required by You to Us to confirm you have placed an order with Us.
When placing an Order the Customer shall set out, in detail, the Services required.
Once your Order is submitted by You and received by Us, We will contact You to arrange a suitable survey/template date The date will be no less than 20 working business days from receipt of your order by Us.
For Supply Only Bespoke Worktops, we will advise you of an approximate week commencing delivery date on enquiry, then provide you with an accurate date within 48 hours of you placing your order with us.
For bespoke template and install worktops, You shall be free to make changes to the Order prior to and during the survey/ templating visit. Any changes that may require additional or different material will be subject to checking of stock held by Our supplier and may result in a delay in the manufacture and installation of the Work if additional material needs to be ordered. You will be required to sign off the template during the visit and advise Us immediately of any changes You have requested with the Surveyor.
For Supply Only Bespoke Worktops, no changes can be made once you have placed your order.
5. Deposit / Fees / Payment
For bespoke worktops templated and installed, At the time of accepting the Estimate You shall be required to pay a Deposit to Premservice Limited. The Deposit shall be £230.00 plus VAT. You will also be required to pay in advance for special order items such as solid surface sinks which cannot be sold on. This cost would be non-refundable due to the bespoke nature of the products. Orders shall not be deemed confirmed until the Deposit and any fees for special order items are paid in full.
For Supply Only Bespoke Worktops, payment will be required in full when You place your order with Us. The payment is non-refundable due to the nature of the bespoke made to measure work.
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For bespoke worktops templated and installed, The Deposit shall be non-refundable in the event the survey/template takes place, or if the order is cancelled by you less than 1 working business day prior to the agreed time and date. If the order is cancelled more than 1 working business day in advance of the agreed survey / template we will process a full refund back to the payment card used for the original order, within 14 days.
On completion of survey/template, We will provide You with a quotation based on the survey/ template detailed specification, actual sizes templated and any additional items and/or material you have requested. The quotation shall include the price payable for the Services and for the Products required to render the Services. Individual worktops over 2.0m2, or difficult access into the installation area, will require additional labour to manually handle the worktop safely. Under no circumstances will worktops or associated items be passed through windows. We will not be responsible or liable for the organising, hire, cost or operation of lifting equipment other than any equipment owned by our installation teams. Our Surveyor will advise if this is required during the survey/template visit and the extra cost will be shown on the quotation. We will also issue You with a pre manufacture working drawing for Your approval, which We require you to sign and return to Us within 1 working business day.
We shall use all reasonable endeavors to use only the Products (and quantities thereof) set out in the Quotation and the Agreement.
In the event that the price of Products or services increases during the period between the Customer’s acceptance of the Quotation and the commencement of the Services, We shall inform the Customer of such increase and of any difference in the Final Fee.
You must pay the quotation balance in full within 1 working business day of receipt of the quotation. You can pay Us by telephone on 02030 11 22 62 . Your payment to Us will be processed by an external secure encrypted payment platform such as Sagepay or Paypal. For your security and privacy, no payment and/or card details are held on our website. We accept the following payment options; Visa, Visa Debit, MasterCard and American Express.
The installation will take place no less than 10 calendar days following receipt of the quotation balance paid in full by You to Us. By paying Us the full balance of the quotation, You are agreeing to Our Terms and Conditions and accept that the working drawing We have sent to You for approval is accurate according to Your requirements and specifications.
6. Risk and Retention of Title
Risk of damage to or loss of the Products shall pass to the Customer at the time when they are fitted to the Property.
Notwithstanding the passing of risk in the Products under sub-Clause 7.1, or any other provision of these Terms and Conditions, legal and beneficial title in the Products shall not pass to You until You have signed the installers Satisfaction Note on completion of the work.
The Services shall be rendered in accordance with the specification set out in the accepted Quotation, working drawing and in the Agreement.
We shall use all reasonable endeavors to ensure that the Products used to match those chosen by You are consistent throughout the Property (or relevant areas thereof). Notwithstanding this We cannot guarantee the quality, tint, colour, pattern or finish of any Products; nor can consistency be guaranteed throughout due to unavoidable variances that may arise in the manufacturing process.
We shall ensure that the Services are rendered with reasonable care and skill and to a reasonable standard that is commensurate with best trade practice.
We shall ensure, to the best of Our ability, that no parts of the Property suffer damage as a result of his rendering of the Services. Due to the nature of Our services, it may be necessary to remove some plaster from the walls within the work area to ensure the best fitting of the worktops. It will be Your responsibility to make good any plasterwork and/or wall finish following the completion of our Work.
We shall properly dispose of all waste that results from rendering of the Services.
8. Customers’ Obligations
If any consents, licenses or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, it shall be the Customer’s responsibility to obtain the same in advance of the commencement of the Services.
You shall ensure that We can access the Property at the Agreed Times to render the Services.
You shall ensure that We have access to electrical outlets.
You must give Us at least 1 working business day notice if We will be unable to provide the Services on a particular day or at a particular time. We will not invoice for canceled visits provided such notice is given. If less than 1 working business day notice is given We shall have the right to invoice You for an aborted survey/template visit which will be £230.00 plus VAT, or an aborted installation visit, which will be £460.00 plus VAT.
For Supply Only Bespoke worktops, it is Your responsibility to receive the goods from the delivery vehicle tailgate and carry and load the goods into the property. You shall inspect the goods for damage and or defects and quantities, prior to signing the delivery note. You shall notify Us immediately of any damage, defects or missing items by telephone on 02030 11 22 62, and mark on the delivery note such comments. Delivery notes signed ‘unchecked’ will be deemed to mean the goods have been checked and accepted.
You should not attempt to repair any damaged goods yourself until you have spoken with Us.
It is your responsibility to store and install the goods in accordance with our installation and care instructions for SlabTech and Solid Wood. Failure to follow these instructions will invalidate the manufacturers’ warranty.
9. Cancellation of Contract During the Cooling Off Period
For Bespoke Worktops templated and installed, You have a statutory right to a “cooling off” period. This period begins once the contract between Us and You is formed by You placing an order with Us and ends 1 working business day prior to the scheduled templating visit, a minimum of 14 days.
If You wish to cancel the contract within the cooling off period You should inform Us immediately by telephone and write a clear statement to the email address specified on the Quotation. A model cancellation form can be found here model cancellation form
To meet the cancellation deadline, it is sufficient for You to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
If You exercise the right to cancel You will receive a full refund of any amount paid to Us in respect of the contract, less any fees paid to us for special order bespoke items such as solid surface sinks ordered specifically for You which cannot be sold on.
We will refund money using the same method used to make the payment unless You have expressly agreed otherwise. In any case, You will not incur any fees as a result of the refund.
We will process the refund due to You as a result of cancellation without undue delay and, in any case, within the period of 14 days after the day on which We were informed of the cancellation.
If the Agreed Date falls within the cooling off period the Customer must make an express request for provision of the Services to begin within the 14 calendar days cooling off period. By making such a request the Customer acknowledges and agrees to the following:
If You cancel the Services after provision has begun but before it is complete You will still be required to pay for the Services in full. No refund shall be issued.
For Supply Only bespoke worktops, there is no cancellation period or refund after payment has been made.
10. Cancellation after the Cooling Off Period
For bespoke worktops templated and installed, The Customer may cancel or reschedule the Job at any time before the Agreed Date. Subject to the provisions of clause 8, the following shall apply to cancellation or rescheduling:
If You cancel the template/survey more than 1 business working day before the Agreed Date, We shall issue a full refund within 14 days, less any fees paid to us for special order bespoke items such as solid surface sinks ordered specifically for You which cannot be sold on.
If You reschedule the template/survey or installation more than 1 business working day before the Agreed Date, We shall retain all sums paid.
If You cancel the template/survey less than 1 working business day before the Agreed Date, We shall retain all sums paid.No refund shall be issued.
If You cancel the job after You have accepted Our quotation following template/survey and paid the remaining invoice balance to Us, no refund shall be issued.
We may cancel the Job at any time before the Agreed Date and shall refund all sums paid, including the Deposit.
11. Liability, Indemnity, and Insurance
We shall ensure that We have in place at all times suitable and valid insurance that shall include public liability insurance.
Our total liability for any loss or damage caused as a result of Our negligence or breach of these Terms and Conditions or of the Agreement shall be limited to £2m.
We are not liable for any loss or damage suffered by You that results from Your failure to follow any instructions given by Us.
Nothing in these Terms and Conditions shall limit or exclude Our liability for death or personal injury.
We shall indemnify You against any costs, liability, damages, loss, claims or proceedings arising out of Our rendering of the Services or any breach of these Terms and Conditions.
You shall indemnify Us against any costs, liability, damages, loss, claims or proceedings arising out of Your failure to meet any of Your obligations or any other breach of these Terms and Conditions.
We shall pass on all Manufacturers’ Guarantees to You on completion of the Job.
If any defects in the Product or the Services appear during the guarantee period, the manufacturer shall rectify any and all such defects at no cost to the You.
13. Data Protection
We will not share Your personal data with any third parties for any reasons without the prior consent of the Customer. Such data will only be collected, processed and held in accordance with Our rights and obligations arising under the provisions and principles of the Data Protection Act 1998.
14. Force Majeure
No Party to the Agreement will be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
Either Party may immediately terminate the Agreement by giving written notice to the other Party if:
The other Party commits any other breach of any of the provisions of the Agreement an encumbrancer takes possession, or where the other Party is a company, a receiver is appointed, of any of the property or assets of that other Party;
The other Party makes any voluntary arrangement with its creditors or, being a company, becomes subject to an administration order (within the meaning of the Insolvency Act 1986);
The other Party, being an individual or firm, has a bankruptcy order made against it or, being a company, goes into liquidation (except for the purposes of bona fide amalgamation or re-construction and in such a manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on that other Party under the Agreement);
Anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the other Party;
That other Party ceases, or threatens to cease, to carry on business; or
Control of that other Party is acquired by any person or connected persons not having control of that other Party on the date of the Agreement. For the purposes of this Clause 14, “control” and “connected persons” shall have the meanings ascribed thereto by Sections 1124 and 1122 respectively of the Corporation Tax Act 2010.
For the purposes of sub-Clause 14.1.2, a breach shall be considered capable of remedy if the Party in breach can comply with the provision in question in all respects.
The rights to terminate the Agreement shall not prejudice any other right or remedy of either Party in respect of the breach concerned (if any) or any other breach.
16. Effects of Termination
Upon the termination of the Agreement for any reason:
Any sum owing by either Party to the other under any of the provisions of the Agreement shall become immediately due and payable;
All Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement shall remain In full force and effect;
Termination shall not affect or prejudice any right to damages or other remedy which the terminating Party may have in respect of the event giving rise to the termination or any other right to damages or another remedy which any Party may have in respect of any breach of the Agreement which exists at or before the date of termination; and
Subject as provided in this Clause 15 and except in respect of any accrued rights neither Party shall be under any further obligation to the other.
17. No Waiver
No failure or delay by either Party in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of the Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
18. Further Assurance
Each Party shall execute and do all such further deeds, documents, and things as may be necessary to carry the provisions of the Agreement into full force and effect.
Subject to any provisions to the contrary each Party shall pay its own costs of and incidental to the negotiation, preparation, execution and carrying into effect of the Agreement.
Neither Party shall be entitled to set-off any sums in any manner from payments due or sums received in respect of any claim under the Agreement or any other agreement at any time.
21. Assignment and Sub-Contracting
The Agreement shall be personal to the Parties. Neither Party may assign, mortgage, charge (otherwise than by floating charge) or sub-license or otherwise delegate any of its rights thereunder, or sub-contract or otherwise delegate any of its obligations hereunder without the written consent of the other Party, such consent not to be unreasonably withheld.
Premservice Limited shall be entitled to perform any of the obligations undertaken by it through any other member of its group or through suitably qualified and skilled sub-contractors. Any act or omission of such other member or sub-contractor shall, for the purposes of the Agreement, be deemed to be an act or omission of the Party in question.
The Parties agree that the times and dates referred to in the Agreement are for guidance only and are not of the essence of the Agreement and may be varied by mutual agreement between the Parties.
23. Relationship of the Parties
Nothing in the Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in the Agreement.
24. Third Party Rights
No part of the Agreement is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement.
All notices under the Agreement shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
Notices shall be deemed to have been duly given:
When sent by e-mail and a successful transmission report or return receipt is generated;
Notices shall be addressed to the most e-mail address notified to the other Party.
26. Entire Agreement
The Agreement contains the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.
Each Party shall acknowledge that, in entering into the Agreement, it does not rely on any representation, warranty or other provision except as expressly provided in the Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
The Agreement may be entered into in any number of counterparts and by the Parties to it on separate counterparts each of which when so executed and delivered shall be an original, but all the counterparts together shall constitute one and the same instrument.
In the event that one or more of the provisions of the Agreement and/or of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Agreement and/or these Terms and Conditions. The remainder of the Agreement and/or these Terms and Conditions shall be valid and enforceable.
29. Dispute Resolution
The Parties shall attempt to resolve any dispute arising out of or relating to the Agreement through negotiations between their appointed representatives who have the authority to settle such disputes.
If negotiations do not resolve the matter within 30 days of receipt of a written invitation to negotiate, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (“ADR”) procedure.
If the ADR procedure does not resolve the matter within 30 days of the initiation of that procedure, or if either Party will not participate in the ADR procedure, the dispute may be referred to arbitration by either Party.
The seat of the arbitration shall be England and Wales. The arbitration shall be governed by the Arbitration Act 1996 and Rules for Arbitration as agreed between the Parties. In the event that the Parties are unable to agree on the arbitrator(s) or the Rules for Arbitration, either Party may, upon giving written notice to the other Party, apply to the President or Deputy President for the time being of the Chartered Institute of Arbitrators for the appointment of an arbitrator or arbitrators and for any decision on rules that may be required.
Nothing in this Clause shall prohibit either Party or its affiliates from applying to a court for interim injunctive relief.
The decision and outcome of the final method of dispute resolution under this Clause shall not be final and binding on both Parties.
30. Law and Jurisdiction
The Agreement and these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
Subject to the provisions of Clause 28, any dispute, controversy, proceedings or claim between the Parties relating to the Agreement or these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.