Terms & Conditions Application and Entire Agreement
1) These terms and conditions apply to the provision of the services detailed in our quotation (Services) by www.totallykitchensandbaths.co.uk. A company registered in England and Wales from Totally Kitchens and Baths, King’s worthy, Winchester SO237PB.
2) You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms & Conditions and our quotation (the Contract) are the entire agreement between us.
3) You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
4) A “business day” means any day other than a Saturday, Sunday or bank holiday. 5) The headings in these Terms and Conditions are for convenience only and do not affect their interpretation 6) Words imparting the singular number shall include the plural and vice-versa
Goods & Services
7) We warrant that we will use reasonable care and skill in our performance of the Goods & Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Goods & Services which are necessary to comply with any applicable law or safety requirement and will notify you if this is necessary.
8) We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation or agreed programme of work, time shall not be of the essence in the performance of our obligations.
9) All of these Terms and conditions apply to the supply of any Goods as well as Services unless we specify otherwise
10) You must obtain any permission, consents, licences or otherwise that we need and must give us access to any and all relevant information, materials, properties and any other matters which we need to provide the services.
11) If you do not comply with clause 10, we can terminate the Services 12)
We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Clients Obligations)
13) The fees (Fees) for the Services are set out in the quotation and are on time and materials basis.
14) In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses b) the cost of the services provided by third parties and required by us for the performance of the Services C) the cost of any materials required for the provision of Services. 15)
You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable hourly rate in effect at the time of the performance or such other rate as may be agreed between us.
The provisions of clause 14 also apply to these additional services. 16) The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
Cancellation and Amendment
17) We can withdraw, cancel or amend the quotation if it has not been accepted by you, or if the Services have not started, within a period of 28 days from the date of the quotation, (unless the quotation has been withdrawn.)
18) Either we or you can cancel an order for any reason prior to acceptance (or rejection) of the quotation.
19) If you want to amend any details of the Goods and Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
20) If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party’s control), we have to make any change in the Goods or Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum
21) We will invoice you for the payment of the fees
a) In advance of work commencing (60% of the total of the fees)
b) Once the first fix electrical and plumbing have been completed. If these services are not required, Payment will be due by the end of the first working day (30% of the total of the services)
b) Upon completion of the services (10% of the total of the services)
22) You must pay 60% of the quoted figure prior to commencement of the works, with the remaining amount due as per the above agreement. Time for payment shall be of the essence of the Contract.
23) Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 8% per annum above the base line lending rate of the Bank of England on the amount outstanding from the due date for payment until the payment is received in full.
25) All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or part.
26) If you do not pay within the period set out above, we can suspend any further provision of Goods and or Services and cancel any future Goods and or Services which have already been ordered by, or otherwise arranged with you. After of withholding payment, our debt recovery partner “My Debt Recovery” will be instructed to trace debtors and recover money owed.
27) Receipts for payment will be issued by us only at your request.
28) All payments must be made in British Pounds unless otherwise agreed in writing between us.