Pro Sips Limited
Terms and Conditions of Business
In the terms below, Pro Sips Limited is called “The Company” and the other contracting party is called “The Customer”
Installation Site - The site specified by Customer for installation of the SIP Structure specified in the Order Form and/or Order Acceptance confirmation (which for the avoidance of doubt shall not include any Optional Extras)
Non-Structural Elements - Means any parts of the Structure which are not either Structural Elements or Optional Extras including (without limitation) all internal cladding, windows, and doors.
Optional Extras - the optional extras supplied by third parties made available to the Customer and specified in the Order Form.
Customers are bound by these Terms and Conditions by purchasing.
Property - The property within or upon which the Installation Site is located, Structural Elements Means the floor, roof and external walls of the building.
The terms and conditions are set out below:
1. The Company retains full control of the supply and/or installation of the goods and/or products. The Customer agrees that the Company may make minor modifications to the specifications for the materials and to the design of the installation at its discretion. The Company need not tell the Customer that it has done this. If a major modification is necessary, The Company will inform The Customer and agree the matter with them.
2. If for any reason beyond The Company's reasonable control, The Company is unable to supply a particular product The Company will notify The Customer. With the agreement of The Customer, The Company will replace the item with an item of equal standard and value. The Company is not held responsible for suppliers discontinuing their goods and/or products.
3.1. The Company will do all that it reasonably can to meet the date given for delivery and/or installation. In the case of unforeseen circumstances, beyond the reasonable control of the Company, The Company will contact the customer and agree an alternative date.
3.2. The Customer will do all that he/she can, to enable delivery and/or 3rd party installation to take place on the given date. In the case of unforeseen circumstances beyond the reasonable control of The Customer, The Customer must contact The Company immediately and agree an alternative date.
4. The Customer agrees that the structure, condition, and suitability of the premises for the installation are The Customers responsibility. If at any time the installation is impractical due to health and safety, structural, or technical difficulties The Company may terminate the contract. If The Company terminates the contract under any of these circumstances at no fault of The Company, then any deposit paid will be refunded minus any costs incurred. The Company will not make The Customer any payment for any loss that The Customer may have suffered.
5. The Company does all it reasonably can to ensure the price quoted by its agent at the time of the contract is correct. It is recognised that the goods and/or products are a made to measure or a supplied product. If it becomes apparent that the installation costs has been under-priced for a technical reason beyond the reasonable expectation of the agent, then The Company will forthwith inform The Customer and both parties will attempt to agree a revised price for the installation. If a new price cannot be agreed, then either party is entitled to terminate the contract whereupon any monies will be re-paid in full. In circumstances, where the incorrect information has resulted from an error, provided by The Customer to The Company with regards to the premises where the goods and/or products is to be installed, and termination of the contract has occurred in accordance with the provisions of this clause, then The Company will not make The Customer any further payment for any loss The Customer may suffer.
6. Where the Company has agreed to supply and arrange the installation of the goods and/or products via 3rd party contractors, The Company will ensure that the quality of the goods and/or products supplied will be to a satisfactory standard and will be installed at The Customer’s home to a satisfactory standard. (Unless alternative installation address has been agreed in writing).
7. The Company will clear and dispose any debris created by the installation or remedial work and we will leave the premises in a clean and tidy condition. The Customer is responsible for supplying the skip on time.
8. The Customer is advised and accepts that the installation of chosen products may cause damage to Grass and/or Landscape. This will be The Customers responsibility to rectify and is not included in the price.
9. Where the Company has agreed to supply only, the goods and/or products The Company guarantees that the quality of the goods will be to a satisfactory standard. The Company is not responsible for the installation of the goods and/or products. Any installation of goods and/or products is the sole responsibility of The Customer. The Company shall not be responsible for any damage or loss in respect of goods and/or products supplied by The Company arising out of or associated with any such installation of the goods and/or products by The Customer.
10. The goods and/or products purchased are subject to any guarantees and after sales service offered by the manufacturer themselves or where appropriate subject to the terms and conditions of any extended warranty scheme.
11. The Customer agrees to give access to the premises for the purpose of delivery and/or installation or subsequent visits that may be necessary for the completion of the delivery and installation.
12. The Customer is advised and accepts that if The Company has agreed to supply and install the contracted work, The chosen approved contractors will guarantee the labour for a period of 12 months.( All fitting warranties are the installers responsibility. Not "The Company"
13. The Customer agrees to allow access to the supply of water, electricity and on occasion toilet facilities, on the premises if needed for the purpose of carrying out the installation, and such services will be supplied at no extra cost to The Company or contractors.
14. On delivery, the risk of any loss or damage to the goods and/or products becomes the responsibility of The Customer. Although the Company reasonably tries to ensure that all goods and/or products are complete and in a satisfactory condition, it is The Customers responsibility to check all goods and/or products.
15.1. Where the Company has agreed to supply only the goods and/or products to The Customer, balance payment shall be made by The Customer by way of BACS or Instant bank transfer in the form of cleared funds to the Company Bank account prior to fabrication and the date of delivery. The Customer will not legally own the goods and/or products until the balance of payment is made by The Customer to the Company in full.
15.2. Where The Company has agreed to supply and arrange a 3rd party install the goods and/or products to The Customer, balance payment shall be made by "The Customer" by way of BACS or Instant Bank Transfer in the form of cleared funds to the Company Bank account prior to fabrication and the date of delivery. All goods and/or products must be paid for in full prior to the commencement of Installation. All subsequent payments for labour shall be paid immediately in full upon completion of work. The goods do not become The Customers until The Customer has paid for them in full and until such time, The Customer shall keep the goods and/or products in good condition and properly protected and insured. Any outstanding monies still owed to The Company, on goods because a client breaches on payment or refuses to pay will incur further charges. The goods are not guaranteed until balance including installation is received in full. The Company are within their rights to halt any install prior to, or during the works until the goods have been paid for in full. (The Company will not be held responsible for any delays on work or any water damage for clients breach of prompt payment of goods.)
16. In the event of any minor remedial work to be carried out by The Company, The Customer will not withhold more than 10% of the outstanding install balance payment.
17. Payment is due immediately upon completion of the work, where The Company has agreed to install the goods and/or products. If The Customer defaults on payment The Company shall be entitled to charge the customer interest (both before and after any Judgement) on the amount unpaid at 5% above Barclays Bank PLC Base Rate, until payment is made in full (part of the month being treated as a further month for the purpose of calculating interest).
18. Although the Company may be prepared to agree to certain changes in the original terms of the contract, this will be on the understanding that it does not infringe The Company's full rights under the contract and that it does not prevent The Company from exercising those rights in the future.
19. The Company and The Customer agree that these terms shall be governed by and construed in accordance with the Law of England, and they further agree that the English Courts shall have exclusive jurisdiction.
20. Except as hereinafter provided no order may be cancelled by The Customer except with The Company’s written agreement and on terms that the customer shall indemnify The Company in full against all losses including loss of profit, costs including the cost of labour and materials used, damages, charges and expenses incurred by The Company because of cancellation. The Customer shall be entitled to cancel without penalty as aforesaid providing that notice in writing is sent by The Customer to The Company by recorded delivery or registered post of such cancellation to The Company’s address as stated overleaf and that the said notice arrives at the said address no later than five working days from the date of this agreement. Unless cancelled in accordance with the aforesaid provisions any deposit made prior to completion of the specified work will only be refunded at the discretion of The Company.
21. Any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents as to the SIP Structure, which is not confirmed in writing by the Company, is followed or acted upon entirely at the Customer’s own risk, and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
22. Any typographical, clerical, or other error or omission in the order confirmation invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
23. All Order Forms will be formally accepted by the Company by the issue of an Order Acceptance confirmation. An Order Acceptance confirmation will only be issued following receipt of an Order Form together with the requisite deposit at The Company’s discretion, in most cases full payment is required.
24. Once the Order Acceptance confirmation has been issued by the Company to the Customer it may only be cancelled or the installation date deferred with the written agreement of the Company and on the condition that the Customer indemnifies the Company for all costs incurred because of the cancellation or deferral including labour, materials, any other charges, and expenses.
25. The Installation Site has not been subject to subsidence, landslip or land-heave, the installation of the SIP Structure does not contravene any planning or other regulation or legislation The Customer hereby always agrees to keep the Company indemnified against all claims costs demands and liabilities arising because of the Customers breach of any warranty. Any groundworks installed by The Customer are done so at The Customer’s own risk.
26. The SIP Structure shall be installed by 3rd party contractors at the Property unless otherwise agreed in writing. For the avoidance of any doubt the SIP Structure is always installed as an empty shell unit only.
27. The Company will NOT involve itself within planning and accepts no responsibility for the planning outcome. No advice is given regarding planning under any circumstances. If The Customer places an order with The Company and planning is denied, it is The Customer’s responsibility to still pay the balance in full.
28. Access must be good as we need to allow for an 18 Tonne wagon or Artics for deliveries and our own vehicles.
29. Anthracite UPVC doors are prone for expanding in the heat and at times stick. These will go back to normal when the temperature cools down. This is the nature of the product. We will not accept any call backs due to this. If you are not happy with this, then we are happy for you to acquire your own doors locally and we deduct the cost of doors on order for you to get your own. (This will only apply if we have supplied UPVC Products)
30. Pro Sips endeavour to cost for all goods at point of sale. Please be aware that costs are subject to any changes that the structural engineer may deem necessary as there may be a structural change beyond our control. These additional costs may be added, you will be notified of this as soon as they become apparent. Structural changes can include but are not limited to I-beams, Glulam Beams, Increased panel thicknesses.
ICO Registration for Data Protection No ZB516810
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