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.INTRODUCTION:

 

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.

 

 

2. MEANINGS:

 

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. AGREEMENT:

 

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. TERMS:

 

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. CUSTOMER:

 

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.  PAYMENTS:

 

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. TERMINATION: 

 

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. EQUIPMENT:

 

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. LIABILITY:

 

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).

 

 

MISCELLANEOUS:

 

 

13. TITTLES AND HEADINGS:

       

Titles and Headings are inserted for convenience of the Parties only and shall not be considered in the interpretation of this Agreement.

 

 

14. NEGOTIATION:

       

14.1  Any dispute shall be settled under the law of England and Wales.

    

14.2  Parties shall endeavor in good faith to negotiate the settlement of any dispute between them arising out of or in connection with the Agreement.

 

14.3  In the event of a dispute, either Party has 14 (fourteen) business days to respond. 

 

14.4  The Parties shall attempt to reach a settlement by way of mediation or arbitration. This does not limit the right of each of the Parties to refer to courts. 

 

 

15. MODIFICATION: 

 

15.1  Extension or modification of this Agreement will not operate as a waiver of that provision.

 

15.2   Time is of the essence in this Agreement. 

      

15.3  Any amendment or modification of this Agreement or additional commitments taken by any of the Parties in connection with this Agreement will be binding only if confirmed in writing and signed by each Party or by an authorized representative of each Party.

 

 

16. THE RECOGNITION PART OFTHE AGREEMENT AS INVALID: 

 

If any provision of this Agreement is found invalid or unenforceable in whole or in part, all other provisions shall nevertheless remain valid and enforceable to the invalid or unenforceable part cut off from the rest of this Agreement.

 

 

17. FORCE MARJORE:

 

Any Party will not be considered in breach of or in default because of, and will not be liable to the other Party for, any delay or failure to perform its obligations under this Agreement by reason of extraordinary circumstances  such as natural disasters (acts of God), fires, floods, explosions, revolts or riots, wars, hurricanes or storms, terrorism, sabotage, vandalism, power limitation, acts of government, injunctions, which are independent of the actions and desires of the participants of the Agreement , due to which the Parties to the Agreement can not perform fully or partially their obligations under this Agreement. 

 

 

18. MEANINNG OF WORDS AND GENDER:

 

Words in the singular mean and include the plural and vice versa. Words in the masculine include the feminine and vice versa.

 

 

19 ENTIRE AGREEMENT:

 

The Agreement constitutes the entire Agreement between the Parties with respect to the issues addressed in it. The Agreement supersedes all prior negotiations between the Parties and all representations and commitments made by one Party to another, whether in writing or verbally, except that this provision does not preclude liability in respect of any fraud or intentional misrepresentation.

 

 

20. GOVERNING LAW:

 

Under the present Agreement all the conditions and performance of all special procedures will be dealt with in accordance with and governed by the laws

of England and Wales, without regard to the jurisdiction in which any action or special production can be started.

 

21. COUNTERPARTS:

 

The Agreement may be executed in counterparts, each of which when executed and delivered up the original, but all the counterparts together shall constitute one and the same contract.

 

IN WITNESS WHEREOF, the Parties to properly signed their names under the hand on [insert date].

 

Last revised March 2017

 

 

Schedule 1

 

Conditions Care:

 

1.  Stretch ceilings (walls) are easy to clean with any  soapy detergent. Do not use solvents or abrasive materials!!! (e.g. kerosene or acetone) Finally, use a dry flannel to dry the area of the stretch ceiling.

 

2. When wiping the stretch ceiling use extra care. Do not push the stretch ceiling to the extent that it may reach the main ceiling. It is easy to live finger prints on the gloss or satin material (especially if you choose a dark fabric).

 

3. The power of light bulbs should not exceed 60 watts, for halogen bulbs - 35 Watt. Thereby, we are recommend to use LED lights, which run cooler.

 

4. Do not touch a stretch ceiling using either or both: pricking and cutting tools. The PVC material is not resistant to the mechanical damage by a sharp object.

 

5. During the change of bulb in built-in lamp do not move the  racks lighting fixtures, as this can lead to melting of stretch ceiling and damage the Product.

 

6. Do not paint stretch ceilings.

 

7. Do not try to repair the damaged ceiling on your own.

 

8. Do not install anything into the stretch ceiling independently without seeking a professional assistance. If you decide to change something in the ceiling (wall) canvas during the warranty period without our help or call a specialist from another company, then our guarantee ceases to act prematurely.

 

9.  In a case of water leakage from the top do not try to  remove the exsess of water on your own. You must switch off the light and the maintenance team shall be called. 

 

10.  In the case of hot water (over 40 ° C) leakage the shape of material may be changed and it may not reverse to the original after repair works have been carried out.

 

11. The Temperature in the room where the stretch ceiling is installed, should be between + 5 ° C to + 70 ° C.  If the temperature falls below + 5 ° C, the PVC material becomes brittle. Therefore, where there is a stretch ceiling premises must be heated.

 

 

BEFORE INSTALLATION REQUIREMENTS:

 

1.  Before installing the ceiling or walls  in the room, we recommend to finish completely such procedures as: plastering, wallpapering, mounting panels,

ventilation, air conditioning, wiring and lying tiles.  

 

2.   It is crucial to inform about any wiring or pipes inside the walls (where it is laid and in what specific levels), ventilation systems and other hidden communication, which experts of the installation of ceilings/walls can not know. Mounting hardware equipment shall be installed into the stretch ceiling.

 

3.  The shape and the perimeter of premises after measurements made, shall remain unchanged.

 

4.  The number and location of lighting fixtures on the ceiling/ wall should be pre-negotiated and planned with our electrician at the time when you choose

a structural construction.

 

5.  The walls (ceilings) where the stretch ceiling is to be fixed shall be undamaged, durable and firm.

 

6.  In order to prevent any damage and harm, any wall decoration items, electronic devices, items made from plastic and sharp things. Pets, vulnerable persons and plants also should be removed. This procedure is desirable because indoor air will be heated strongly enough during the in stallation.

 

7.  Use protective cover for furniture; cover the floor by a cardboard or any other durable material.

 

8.  Construction joints between slabs ( plasterboards) and all of the holes, cracks, which will be above the level of stretch ceiling must be sealed (i.e., they do not fall out, foams). The surface of slabs (plasterboards) must be primed.

 

9. Installers use a super glue for PVC materials while installation of starry sky ceilings only. Engineeres pierces the ceiling from the back side and fiber optic fixed  with the glue outside.You can see traces of the glue around the stars. These are standard consequences after the handmade work.

 

10.  The premises shall be  reliably protected against the ingress of airflow through the attic and floor decks.

 

11.  The distance from the bulb to the surface of ceiling is calculated in accordance 60W=60 cm, but depending on the design of chandeliers - the distance can be reduced. The minimum distance between the bulbs and the stretch ceiling shall be not less than 15 cm.