1.1 ‘Supplier’ means Stuart Barnes Ltd (SBL) of 167a Portland Road, Wyke Regis, Weymouth, Dorset, DT4 9BQ.
1.2 ‘Customer’ means any person who purchases Services and/or Products from the Supplier.
1.3 ‘Estimate’ means a statement of works describing the Services and/or Products as requested at the point of survey.
1.4 ‘Terms and Conditions’ means the Terms and Conditions of supply set out in this document and any subsequent Terms and Conditions set out in writing by either the Supplier or the Customer.
1.5 ‘Order’ means a formal acceptance by the Customer to the Supplier.
1.6 ‘Agreement’ means the contract between the Supplier and the Customer for the provision of Services and/or Products incorporating these Terms and Conditions.
2.1 These Terms and Conditions shall apply to all contracts for the supply of goods and Services by the Supplier to the Customer and shall supersede any other documentation or communication between the Customer and the Supplier.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Services and/or Products, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customers statutory rights as the consumer.
3. PROPOSAL (ESTIMATE)
3.1 The Proposal for Services and/or Products is attached to these Terms and Conditions.
3.2 The Proposal for Services and/or Products shall remain valid for a period of 60 days.
3.3 The Proposal or part of must be accepted in writing with the required deposit paid.
3.4 The Customer shall be deemed to have accepted the Proposal by placing an order and paying a deposit to the Supplier.
3.5 The Supplier reserves the right to withdraw or amend any estimate without notice before a signed acceptance of the Proposal has been received from the Customer.
3.6 On acceptance of the Proposal, the Supplier will order any goods detailed in the Proposal. If subsequent to the order being placed and the Customer cancels the order, the Customer shall be liable for any costs incurred by the Supplier in the proper performance of the Order for Goods or time to that date.
3.7 The person giving instruction to the Supplier or ordering work or materials will personally be deemed to be the Customer unless it is made clear to the Supplier who the Customer is.
4. SERVICES, PRODUCTS AND DELIVERY
4.1 The Services and/or Products are as described in the Proposal.
4.2 Any variation to the Services and/or Products must be agreed with the Supplier in writing, by email or in certain circumstances verbally with the admin team, the MD or his representative.
4.3 Any drawings, descriptions or specifications contained in advertising material, brochures or catalogues issued by the Supplier are for the sole purposes of giving an idea of the product and or Services available and will not form part of any Agreement unless otherwise agreed in writing by the Supplier.
4.4 The Services and/or Products will be delivered between 07.00 and 18.00 Monday – Saturday. The Supplier may vary these times by mutual consent verbal or otherwise.
4.5 Dates given for delivery of Services and/or Products are estimates only and not guaranteed. Time for delivery shall not be of the essence of the Agreement and the Supplier shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in delivery.
5.1 Title in the goods and materials shall not pass to the Customer until the Supplier has been paid in full in accordance with these Terms and Conditions.
5.2 Should payment not be made in accordance with these Terms and Conditions the Supplier reserves the right (and shall be allowed access by the Customer) to remove any goods or materials supplied or fitted.
5.3 The cost of any damage caused by such removal will not be borne by the Supplier.
6. CUSTOMER OBLIGATIONS
6.1 The Customer will provide access to the Supplier at all times specified in these Terms and Conditions or at agreed times.
6.2 The Customer will provide electricity, water and welfare facilities to the Supplier for the purpose of carrying out the Services unless agreed to and charged by the Supplier.
6.3 The Customer will apply for, obtain and pay all costs for the necessary approvals and permissions required to complete the service prior to commencement of work unless agreed and charged by the Supplier.
6.4 The Customer will take all reasonable steps to ensure that the Supplier does not sustain damage or loss to equipment and materials stored on site.
6.5 The Customer may be liable for any expenses incurred by the Supplier as a result of the Customers failure to comply with the obligations as defined by these Terms and Conditions.
6.6 Unless previously agreed the Customer, where applicable, is responsible for Listed Building consent, planning permission, building regulations, water board approval and any other local authority or utilitarian charges, unless entrusted to and charged separately by the Supplier.
7. SUPPLIER OBLIGATIONS
7.1 The Supplier shall supply the Services and/or Products as specified in the Proposal.
7.2 The Supplier shall perform the Services with reasonable skill and care to a reasonable standard in accordance with recognised codes of practice.
7.3 The Supplier shall comply with all relevant Health and Safety regulations.
7.4 The Supplier shall be responsible for all waste management and disposal required in the course of providing the Services and/or Products, unless agreed in writing to the contrary.
7.5 The Supplier is responsible for all waste transfer permits and licences.
7.6 The Supplier shall hold valid employers and public liability insurance.
8.1 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply to this contract and so if you decide to cancel the contract after bespoke materials, such as windows, have been ordered the customer will be liable to pay for these items in full.
8.2 The Customer may cancel an order for Services and/or Products by notifying the Supplier in writing within 7 days of placing the order, any monies paid by the Customer will be refunded in full subject to the deduction of a reasonable admin charge as determined by the Supplier, any materials may be charged as specified in clause 3.6.
8.3 If the Customer does not notify any cancellation within the time specified in clause 8.1, any monies paid will not be refundable.
9.1 Materials and goods supplied shall be of merchantable quality and fit for their normal purpose.
9.2 The Supplier shall perform all Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
9.3 The Supplier accepts full responsibility for the condition of tools and equipment used in the performances of the Services and shall ensure that any materials supplied shall be free of any defects.
9.4 In addition to the Customers statutory rights, the Supplier guarantees all materials against faulty workmanship for the period specified in the Proposal.
9.5 Goods supplied by the Supplier are guaranteed for the period and on the terms specified by the manufacturer’s warranty applicable to the goods.
9.6 All Services are guaranteed by the Supplier for the period specified in the Proposal.
9.7 The Supplier will at all times have public liability insurance in place.
9.8 Clause 9.4 does not apply if:
- 9.8.1 If a fault arises due to wilful damage not due to a defect in the products after risk has passed to the Customer;
- 9.8.2 If a fault arises due to wilful damage, failure to follow instructions, misuse, alteration or unauthorised repair, improper maintenance or negligence on the part of the Customer or by a third party.
9.9 If the Services and/or Products are found to be defective in accordance with these Terms and Conditions then the Supplier shall, at their sole discretion, either repair, re-perform or replace the Services and/or Products.
9.10 Where the Services and/or Products are defective or do not comply with the Agreement, the Customer must notify the Supplier in writing within 7 days from the date of delivery.
9.11 If the Customer has not paid for the Services and/or Products in full by the date the defect in the Services and/or Products is notified to the Supplier then the Supplier has no obligation to remedy the defects in terms of this clause.
9.12 In accordance with new Fensa regulations we are able to offer you in addition to our warranty, an insurance backed guarantee, please contact us for further details.
10. LIMITATION OF LIABILITY
10.1 Provided that nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the goods and Services.
10.2 Except to the extent precluded by law, the Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
10.3 The Supplier will not be liable for the fitness for a particular purpose (other than their normal purpose) of any materials or Goods or Services unless that particular purpose has been notified to the Supplier in writing prior to the date of this Proposal.
10.4 Where the Customer supplies Goods or materials, the Supplier accepts no responsibility for any defects or damage and offers no guarantee for these goods or materials.
10.5 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
11. PRICE AND PAYMENT
11.1 The price for Services and/or Products is as specified in the Proposal and is inclusive of VAT and any other charges as outlined in the Proposal.
11.2 The price for any materials required to complete the Services is as specified in the Proposal.
11.3 The terms for payment are as specified in the Proposal.
11.4 The Customer must settle all payments for Services and/or Products within 7 days from the invoice date.
11.5 The Customer will pay interest on all late payments at a rate of 5% per annum above the base lending rate of Barclays Bank.
11.6 The Supplier is also entitled to recover all reasonable expenses incurred in obtaining payment from the Customer where any payment due to the Supplier is late.
11.7 The Customer is not entitled to withhold any monies due to the Supplier.
11.8 The Supplier is entitled to vary the price to take account of:
- 11.8.1 Any additional Services and/or Products requested by the Customer which were not included in the original Proposal;
- 11.8.2 Any increase in the cost of materials;
- 11.8.3 Any additional work required to complete the Services which was not anticipated at the time of the Proposal; and any variation must be intimated to the Customer in writing by the Supplier.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 All intellectual property rights, registered or unregistered, including but not limited to patents, trademarks, design rights and know-how remain the property of the Supplier and cannot be used by the Customer without the written permission of the Supplier.
13. PROPERTY AND RISK
13.1 Risk in the products or in any property or materials used to provide the Services shall pass from the Supplier to the Customer when the products or property or materials leave the premises of the Supplier or on delivery if the Supplier is transporting the items.
13.2 Title or ownership of any property or materials belonging to the Supplier remains with the Supplier until payment is received from the Customer in full.
13.3 The Customer must store any property or materials belonging to the Supplier separately from any other property or materials belonging to the Customer or a third party.
14.1 The Agreement shall continue until the Services and/or Products have been provided in terms of the Proposal or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
14.2 The Customer may terminate the Agreement if the Supplier fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 8 weeks after notification on non-compliance is given.
14.3 The Supplier may terminate the Agreement if the Customer has failed to make over any payment due within 7 days of the sum being requested.
14.4 Either party may terminate the Agreement by notice in writing to the other if:
- 14.4.1 The other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
- 14.4.2 The other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
- 14.4.3 The other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
- 14.4.4 The other party ceases to carry on its business or substantially the whole of its business; or
- 14.4.5 The other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
14.5 In the event of termination the Customer must make over to the Supplier any payment for work done and expenses incurred up to the date of termination.
14.6 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
15. FORCE MAJEURE
15.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to “acts of God”, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortages or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
16.1 If any term or provision of these Terms and Conditions is held invalid, illegal or un-enforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
17.1 The Supplier warrants that the Products will, at the time of deliver, correspond to the description given by the Supplier.
17.2 The Supplier warrants that the Services will be performed using all reasonable skill and care.
17.3 Without prejudice to clause 17.1 and clause 17.2 and except as expressly stated in these Terms and Conditions, all warranties whether express or implies, by operation of law or otherwise, are hereby excluded in relation to the Service and/or Products to be provided by the Supplier.
18.1 The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
19.1 Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Proposal or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post deemed to have been delivered n the ordinary course of post.
20. ENTIRE AGREEMENT
20.1 These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
21. GOVERNING LAW
21.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
22.1 It is up to the customer to notify their insurers that they are having works on their property
22.2 The supplier has all risks insurance in place, that includes public liability and employee liability. A copy is available in our office should the customer or their insurers require.
22.3 On final completion it is up to the the customer to notify their insurer of completed works, the insurer may require copy of invoices.
22.4 At time of completion all supplied goods are the customers goods to insure
22.5 At point of final completion it is the customer’s responsibility to transfer all goods and services to the customers insurers.
23.1 All plumbing works are guaranteed for a period of 3 months from the date of completion and full payment, with full manufacturers guarantees in place on all materials supplied by SBL. Should any works completed by our operatives fail after the period a site visit will be made at no cost to investigate the issue. The guarantee will become null and void if works completed/supplied by the Supplier is: a) Subject to misuse or neglect; b) Repaired, modified or tampered with by a third party; c) The Supplier will accept no liability for, or guarantee suitability of any materials supplied by the Customer and will accept no liability for any for any consequential damage, fault or failure.
23.2 The Supplier will not guarantee any works in respect of blockages in the waste and drainage systems. The Supplier will not guarantee any works instructed by the Customer but against the advice of the Supplier, verbal, written or otherwise.
23.3 The Customer shall be solely liable for any hazardous situations in respect of gas safety regulations or gas safety warning notices issued.
23.4 Where the Supplier agrees to carry out works on existing installations of poor or inferior quality following the recommendation to replace, alter, modify or adjust to which the Customer refuses to act on, at that date no warranty is given in respect of such works and the Supplier accepts no liability in respect of the effectiveness of such.
23.5 The Supplier shall only be liable for rectifying works agreed or undertaken and completed by the Supplier and shall not be held responsible for ensuing damage or other works discussed but overlooked or subsequently requested and not undertaken.
23.6 Any Materials supplied, including boilers, are subject to their own manufacturer’s warranty and guarantee. The Customer agrees that the Supplier is not liable for the installation of any faulty items where it was not reasonably apparent that the item was faulty prior to installation. If an item is faulty at installation or becomes faulty after installation, the Customer agrees to contact the manufacturer direct and claim under the manufacturer’s warranty and guarantee.
23.7 No Manufacturer or Supplier certificates, warranties, guarantees or similar documentation will be given until payment is made in full.
23.8 Any Vaillant boiler has an extended approved installer warranty of 7 years, providing it is registered and serviced maintained annually by the Supplier.
23.9 The Supplier is not liable for frozen, split, corroded or perished pipe works.
23.10 When replacing appliances or systems there is often a process of sequential diagnosis, part/s may need to be replaced before the appliances or systems can be effectively tested for other faults. As works progress Customers may wish to request an Estimate to continue the replacing, upgrading or diagnostics.
23.11 When attempting to replace faulty corroded parts, i.e. immersion elements, TRVs, heat exchangers etc, other elements connected may split, crack or break, the Supplier cannot be held responsible for consequential damage and any further works will be charged to the Customer.
23.12 Where the Supplier installs new equipment/components onto an existing system, the Supplier will not be responsible for loss of performance, any breakdown of, or damage caused to the Customers existing system as a result of faulty pipe work, poor design, some other defect or malfunction of the original heating system.
23.13 The Supplier cannot be held responsible or liable for any decoration, fittings and the like as a result of installing/maintaining new or existing equipment or existing as described in the Estimate.
24.1 All electrical works are guaranteed for a period of 3 months from the date of completion and full payment, with full manufacturers guarantees in place on all materials supplied by SBL. Should any works completed by our operatives fail after the period a site visit will be made at no cost to investigate the issue. The guarantee will become null and void if works completed/supplied by the Supplier is:
- a) Subject to misuse or neglect;
- b) Repaired, modified or tampered with by a third party;
- c) The Supplier will accept no liability for, or guarantee suitability of any materials supplied by the Customer and will accept no liability for any for any consequential damage, fault or failure.
24.2 Where the Supplier agrees to carry out works on existing installations of poor or inferior quality following the recommendation to replace, alter, modify or adjust to which the Customer refuses to act on, at that date no warranty is given in respect of such works and the Supplier accepts no liability in respect of the effectiveness of such.
24.3 The Supplier shall only be liable for rectifying works agreed or undertaken and completed by the Supplier and shall not be held responsible for ensuing damage or other works discussed but overlooked or subsequently requested and not undertaken.
24.4 Any Materials supplied, are subject to their own manufacturer’s warranty and guarantee. The Customer agrees that the Supplier is not liable for the installation of any faulty items where it was not reasonably apparent that the item was faulty prior to installation. If an item is faulty at installation or becomes faulty after installation, the Customer agrees to contact the manufacturer direct and claim under the manufacturer’s warranty and guarantee.
24.5 No Manufacturer or Supplier certificates, warranties, guarantees or similar documentation will be given until payment is made in full.
24.6 The Supplier is not responsible for perished, corroded or rodent attacked cabling old or new.
24.7 When replacing cabling, circuits or part circuits there is often a process of sequential diagnosis, part/s may need to be replaced before the appliances or systems can be effectively tested for other faults. As works progress Customers may wish to request an Estimate to continue the replacing, upgrading or diagnostics.
24.8 Where the Supplier installs new equipment/components onto an existing circuit, the Supplier will not be responsible for loss of performance, any breakdown of, or damage caused to the Customers existing circuit as a result of faulty cabling, poor design, some other defect or malfunction of the original circuit.
24.9 The Supplier cannot be held responsible or liable for any decoration, fittings and the like as a result of installing/maintaining new or existing equipment or existing as described in the Estimate.
25.1 The Supplier cannot be held responsible for any damage caused by the movement or vibrations to ceilings or soffits and to areas where internal finishes are fixed to structural members or timbers supporting our work. The Supplier does not accept responsibility for any deterioration or damage to rainwater gutters and pipes which are already defective. Furthermore during the removal of roof claddings inevitably dust and debris will fall into the loft space beneath. The Customer is responsible for removing or protecting stored articles and possessions prior to commencement of the Works as the Supplier cannot be held responsible for the soiling which occasionally can occur under such circumstances. During the course of roofing works the Supplier will uses its best endeavours to ensure that the building will be kept watertight, however, from the very nature of the work involved, it is not possible under severe or sudden adverse weather conditions to guarantee the exclusion of water through a roof which is temporarily open or an overnight seal. Customers are, therefore, advised to make provision for protecting decorations and furniture and to remove any sensitive equipment which is likely to be exposed to possible water penetration in such an area to minimise any possible damage. The supplier cannot accept liability for any consequential loss arising from failure to take these precautions.
25.2 Whilst reasonable precautions will be taken the Supplier cannot be held responsible for any damage caused to lower roofs, and additions over which they are required to work, nor for any damage to garden plants, shrubs, ornaments and the like. The Supplier reserves the right to request the Customer to remove or have removed at their own expense areas of sheeting or glazing, and to remove or otherwise protect anything as may be necessary to facilitate the erection of scaffolding or the safe progress of the work.
25.3 Scaffolding and mechanical hoisting facility to be erected including the obtaining of all necessary statutory and bye-law consents under the regulations in accordance with the Health and Safety Regulations and Public Highway Regulations. The Supplier cannot be held responsible for accidents or injury to any persons through the unauthorised use of or alterations to the scaffolding and hoisting facility.
25.4 The dates agreed for commencement and completion are subject to alteration in the event of delays occurring through inclement weather, additions or variations to the Works described in the Estimate or any causes beyond the control of the Supplier and such extension of time as may be reasonably allowed shall be without penalty. All Estimates are subject to materials and labour being available when required. Time shall not be essence of any contract with the Customer, and any delivery or completion dates are estimates given for information only and the Supplier will not be bound by such.
25.5 The Customer is responsible for providing adequate and safe storage for materials adjacent to the working areas and for safe custody of materials until fixed. Once the Materials have been fully and finally fixed the Customer is responsible for protection and the cost of any damage or replacement caused by circumstances beyond the control of the Supplier. Where a driveway or other hard standing area exists this is to be made available by the customer for the parking of a skip waste container. Materials and goods will be delivered by the Supplier on public or private road s which we assume to be adequate to receive the load unless informed by the Customer in writing to the contrary.
25.6 Samples submitted for approval will show substance and general character only. No guarantee can be given regarding colour.
25.7 All guarantees on materials as issued by the manufacturers will be passed on to the Customer.
25.8 Should any defects due to faulty workmanship on a new tiled or slated roof with associated lead work or metalwork within 10 years, or within 5 years in the case of a new felt or asphalt roof, such defects will be made good by the Supplier free of charge. In the event of a claim under the guarantee, to the original Estimate together with the receipted final invoice must be produced as evidence by the Customer.
25.9 All materials used will be in accordance with current British Standard Specifications where applicable and the benefit of any special Manufacturers guarantees will be made available to the Customer.
25.10 The above guarantee expressly excludes defects caused by building movement, inherent faulty design, extreme weather, subsequent alteration or modification to the new roof and supporting structure, aerials and satellites, traffic across the roof, or other conditions beyond the control off the Supplier.
25.11 The guarantee does not take effect until full and final payment has been received including the VAT thereon, and commences from the date of the presentation of the final account.