SERVICES TERMS & CONDITIONS
Since we can agree with your order and to conclude an agreement which entails legal consequences you should read carefully all points of these terms and conditions in order to make sure that all of them contains, what you need and nothing you disagree.
In case of doubts and questions, please contact with us on email or phone 01992301416.
1.1 Right Ceiling For You is a supplier of Service (Service Provider) to the Customer ("Customer"). By ordering our Services implies that you agree to be bound by these Terms & Conditions ("Terms").
1.2 All the Terms published below on behalf of the Service Provider to the Customer and shall be included into each agreement ("Agreement") made by the company for the delivery and installation Services in accordance with the conditions agreed between the Service Provider and the Customer.
1.3 These Terms will apply to the purchase of Services ("Services") and goods advertised on our website www.rightceiling4you.co.uk, leaflets and other other forms of advertisement by you Customer.
Agreement means the legally-binding Agreement between the Service Provider and the Customer including any Shedule stated below.
Agreement Period means the period from the beginning to the termination's date.
Business Day means a working day any other day than Saturday, Sunday, or public holiday.
Commencement date means the date of entry into force of this Agreement.
Complementary products means aluminum tracks; PVC profiles; harpoon PVC; molding; protecting rings for spotlight or chandalier installation diameter of: 20, 35, 45, 50, 55, 60, 65, 75, 80, 85, 90,100 and 112 mm; base plates for spotlights, chandelier or cornices; contours for a pipeline of 22, 27 or 32 mm of L210; and Sub-weight direct EP 60-15.
Completion Date means the date when the Service Provider finished all works related to provision of the Services under this Agreement and both the Service Provider and the Customer have signed the Certificate of Practical Completion.
Confidential information means in relation to either party, any information (whether or not stated to be confidential or marked as such) which that party discloses to the other, or which the other party obtains from any information disclosed to it by that party, either orally or in writing, or by any other means, under or in connection with this Agreement.
Defect of the Manufacturer means a defect admitted in the process of manufacture; the fabric contains a defect.
Effective Date means the date from when this Agreement becomes legally binding.
Equipment means any equipment, systems, tools, cabling, materials or facilities requested used directly or indirectly in the supply of the Services, by the Supplier or its sub-contractors.
Evidence means a proof such as photographs of the general, fragmented views of the ceiling or defects taken from the lowest point of the floor and from the highest point of the ceiling.
Force Majeure means an event beyond the control of the Authority and the either Party to the Agreement, which prevents the Party from fulfilling any of its obligations hereunder.
Location means a premise or site where the Services are to be performed.
Manufacturer means a company which manufactures the Product.
Manufacturer warranty means the assurance of the manufacturer to the Customer for 10 years, that stretch ceiling will be replaced or repaired if the event occured but the manufacturer should be been properly informed about this.
Parties mean the Service Provider and the Customer.
Premise means the Customer's premise.
Price means the price payable to the Service Provider by the Customer under the Agreement for the complete and proper execution by the Service Provider of its obligations but taking into account any adjusment of the payment by the Agreement (paragraph 8).
Product means a stretch ceiling and the Complementary Products.
Service Provider warranty means that the Service Provider guarantees to replace or repair Product and /or Complementary Product if the event occurred, but the Service Provider should be properly informed about it.
Quality standards means the standards of quality, published by BSI standards UK, the National Authority of the United Kingdom of Standardization, ISO or other authoritative or equivalent body, (and their bodies successors) that qualified and experienced operator in the same type of industry or business sector as the Service Provider.
Representative person means a qualified person who is appointed by the Service Provider to examine the defects of the products.
3.1 This Agreement shall take effect on the date of mutual Agreement by both Parties (Effective Date).
3.2 The Service Provider and Customer take all reasonable steps that the Agreement commence and end within a specified period.
3.4 The provisions of this Agreement shall apply taking into account any price adjustment of the Agreement in accordance with paragraph 8.
3.5 Either or both of the Parties shall not disclose any Confidential Information about each other, resulting in the fulfilling this Agreement.
3.6 The subject to early termination is as provided in this Agreement.
4.1 The Terms of this Agreement start from the Commencement date of this Agreement and will remain in force until the Completion date of Service.
4.2 The Parties agreed to do everything possible to ensure that the Terms of the Agreement will take effect.
5. SERVICE PROVIDER:
5.1 The Service Provider must supply the Products and provide the Services at the Customer's Premises agreed in the Agreement. [insert date]
5.2 The Service Provider will comply with the quotation provided. Any changes in the Price only with the consent the Service Provider and the Customer.
5.3 The Service Provider must to install Product within 10 (ten) business days from the date of payment unless agreed another date.
5.4 The Service Provider has the right to reject the execution of the order due to its technical impossibilities found after examining the Premise.
5.5 The Service Provider acts according to the standards of quality as it is customary for the provision of similar services.
5.6 The Service Provider will use reasonable care, skills and Quality Standards at the runtime of Service.
5.7 The Service Provider acts in accordance with Supply of Goods and Services Act 1982 and with the requirements of the Health and Safety at Work Act 1974 and any other acts, orders, regulations and codes of practice relating to health and safety.
6.1 In accordance with these Term and Conditions, the Customer accepts all obligations, including Shedule.
6.2 The Customer agrees to pay for products and services in accordance with the order made by the Customer.
6.3 The Customer must to obtain any permissions and consents, licences or other wise the Service Provider needed.
6.4 The Customer must give the Service Provider any access to any relevant information, materials or things which are necessary to perfom the Service properly.
6.5 The Customer shall promptly notify the Service Provider of any health and safety hazard.
6.6 The Customer shall provide the site which is safe to use for the supply of the Services.
6.7 The customer making the order must state the type of stretch ceiling, the name of the color, provide the necessary measurements, point on the location of stiches, other adjustments. The Customer shall specify the date for the execution of the order.
7. AMENDING THE AGREEMENT:
7.1 Changes into the Agreement period allowed in the case of timely and appropriate notice to all participants of the Agreement.
7.2 Any changes into the Agreement are illegal unless authorized and agreed by the Service Provider and the Customer ortheir representatives.
7.3 The Customer may extend the Agreement for a further period, by giving written notice to the Service Provider not less than 3 business days prior to the last day of the Initial Agreement Period . The provisions to the Agreement will apply subject to any adjustment to the Agreement Price in accordance with paragraph 8.
7.4 The Service Provider will use reasonable efforts to complete the Service within the Agreement period. However, the time shall not be of essence in the performance of Service Provider obligations under reasonable grounds.
7.5 To comply with any aplicable law or safety requirements the Service Provider has right to make any changes in the Agreement (paragraph 5, clause 5.7).
8.1 The Agreement Price shall apply for the Initial Agreement Period.
8.2 The Service Provider issues an invoice to the Customer according to the agreed Price.
8.2 All the payments should be made in currency of British Pounds Sterlings.
8.3 The order is accepted from the date of payment of deposit of 50% or of 100% prepayment by mutual Agreement of the Parties.
8.4 The Customer has to pay such invoice within 7 (seven) business days to the Service Provider from the moment when the invoice has been received by the Customer.
8.5 The receipt or other acceptable prove of payment must be given to the Customer within one business day to confirm the order placed by the Customer.
8.6 The Customer is liable for the additional expenses if he request to perform the installation earlier than agreed by this Agreement.
8.7 The Customer is liable for the additional travel expenses if the premise located farther than 30 (thirty) miles from Waltham Cross, London or inside of the Congestion Charge area.
8.8 If the Parties made changes in the Agreement, the Parties may agree about changes in the Price of this Agreement.
8.9 Customer agrees to pay all amounts by direct credit transfer to the appropriate bank account or other payment methods, depending on the circumstances.
8.10 If the Service Provider has changed the Price and did not inform the Client, the Client presumed has to pay the price agreed between the parties at the time of this Agreement.
8.11 If the Service Provider has changed the price and informed the Client, the Client presumed has to pay the invoice within 7(seven) business days from the date of notification issued by the Service Provider about the Price change.
9.1 This Agreement shall expire on the date of completion, and when both parties sign the Certificate of Practical Completion.
9.2 Either Party may terminate this Agreement prior to the expiration date after being notified in writing if: the other party in breach of any material obligation contained in this Agreement.
10. WARRANTIES OF PRODUCTS:
10.1 The Service Provider warranty:
10.1.1 The Service Provider warranty on installation service is 6 (six) month.
10.1.2 Warranty applies to an event where the Product and/ or Complementary Products damaged through the fault of the Service Provider.
10.1.3 The Service Provider warranty does not apply to defects arising during installation or as a result of improper use, if the Customer does not comply with law, these Service Terms and Conditions, Guidance and Shedule.
10.1.4 The Service Provider warranty does not apply for any other goods other than those specified in this Agreement.
10.2 Replacement of the Product and/ or Complementary Products must be done in relation to the requirements specified in the original order.
10.3 Upon the occurrence of warranty event the Service Provider guarantees either replace or repair of the product within 1 (one) month or as agreed by parties , provided that the damage caused by the Service Provider and if nessary after the inspection by the autorized Representative Person.
10.4 The Manufacturer warranty:
10.4.1 The Manufacturer of stretch ceiling provides 10 (ten) years warranty on its products. Upon the occurrence of warranty event the Manufacturer
guarantees either replace or repair of the product, provided that the Defect caused by the product manufacturer.
10.5 The Service Provider is not responsible for the Manufacturer warranty.
11.1 The Service Provider will supply all the necessary Equipment for the supply of the Services.
11.2 Equipment brought onto the Premises will remain the property of the Service Provider.
11.3 All equipment brought into the premises shall be at own risk of the Service Provider and the Customer shall have no liability for any loss or damage of any equipment unless the Service Provider is not able to demonstrate that such loss or damage was occured or contribute.
11.4 On the date of completion, the Service Provider must remove from the Premises all the Equipment and any other materials used by the Service Provider to supply the Service.
11.5 If the Customer believes that the equipment used during the installation of the product is dangerous or contrary to the Agreement, the customer may ask the Service Provider to remove this equipment from the premise at the end of each date (if the installation takes more than one day) or permanently.
12.1 The Parties are Liable in cases of:
12.1.1 Causing the death or personal injury due to negligence of the either Party.
12.1.2 Fraud or misrepresentation.
12.1.3 Any failure to perform any obligation arised from section 2 of The Supply of Goods and Services Act 1982.
12.2 If the supply of goods is delayed and/or if there are not sufficient Product in quantity due to the fault of the Service Provider, the Service Provider shall eliminate these shortcomings at his own expense on the additional conditions agreed by the Parties.
12.3 The Service Provider is not liable for the quality of the Services carried out on the Premise if the Customer does not comply with law, Customer's
obligations and Shedule.
12.4 The Service Provider is not liable for defective products through the fault of the Manufacturer.
12.5 The Service Provider and/or Customer shall not be liable in the circumstances of Force Majeure (paragraph 17).
13. TITTLES AND HEADINGS: