Terms and Condition of Contract.

1a) Definitions. In these conditions the ‘seller’ and ‘we’ or ‘us’ means smartbuildBath Ltd specified in the contract for the sale of goods to you and ‘you’ means the buyer and ‘our’ and ‘your’ shall be construed accordingly.

1b) A person who is not a party to a contract with us has no rights under Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract. You may not assign the contract or any part of it without our prior written consent.

2) Services. SmartbuildBath ltd will provide all work and services as per quotation under a reasonable time scale and all work shall be guaranteed. The client shall be informed of any contingencies not contained in the quotation and any additional cost that may arise. If the customer has not rejected goods within seven days then they are deemed accepted.

Standard voltage electrical supply and mains water supply must be provided on site by the client without charge to smartbuildBath Ltd for the duration of the Contract. Where this is not possible, the client must inform smartbuildBath Ltd of the situation. Generators can be supplied at an additional daily charge to the client if necessary.

3) Commencement of Work. smartbuildBat h Ltd will always endeavour to commence work on a date suitable to the Client, but must reserve the right to determine the start date, provided it shall not be later than 3 months (12 weeks) from the date of the quotation. The client may postpone the start date provided he/she gives no less than two weeks (14 days) notice and agrees a reasonable alternative date. If having agreed a start date, the client cancels the contract completely, for whatever reason, he/she will be liable to pay smartbuildBath Ltd a standard cancellation fee of 20% of the Contract sum within 14 days.

4) Access to Site. SmartbuildBath Ltd will, for the duration of the contract, need to have free and uninterupted access to the site during Company working hours from 7.45am – 4.30pm Monday to Friday and 8.00am to 4.00pm on Saturday where applicable.

5) Payment Terms. SmartbuildBath Ltd reserve the right to require from the client a contribution to the work prior to commencement. The amount shall be 30% of the total quotation unless otherwise agreed. On satisfactory completion of the contract, the client shall be invoiced and full payment must be made within 14 days. Any disputes, for whatever reason, arising under the contract shall not entitle the client to delay payment of any invoice. Any contract disputes will be dealt with promptly by smartbuildBath Ltd as a separate issue. Where a contract is running for more than one month (4 weeks) smartbuildBath Ltd reserve the right to agree stage payments.

SmartbuildBath Ltd will in accordance with the quotation require a cost towards the removal of waste and a contribution to skip hire if this is sited elsewhere. We can only accept payment as cheque or cash. Title to the goods (ownership) does not pass to the buyer until we are paid in full as per the terms of our invoice.

6) Party Walls. Where work is specified to a party wall which is not wholly owned by the client, he/she shall be deemed to have gained the consent of the joint owner of the wall for the work to be carried out. Any liability (apart from any negligence by employees of smartbuildBath Ltd) shall be the responsibility of the client or his/her insurers.

7) Delivery. All parties concerned will agree whether the client will collect or the ‘seller’ will deliver the goods to the site.

8) Damage. SmartbuildBath Ltd accepts responsibility for all damage suffered by the client as a result of negligent acts or omissions by the Company or its employees. Damage or disturbance caused to the client or any third parties, relating to the property as a result of inherent or latent defects within the structure or when such damage occurs in the normal course of carrying out the specified works is within the contemplation of both parties prior to commencement of the contract. The responsibility in any of these circumstances is not accepted by smartbuildBath Ltd.

9) Liability and Insurance. Smartbuild Bath Ltd shall be under no liability for any delays, loss of damage caused wholly or in part by any circumstances beyond its reasonable control. Every caution will be taken on site to prevent any damage. Where any such damage occurs during the course of reasonably carrying out the works referred to in the specification and quotation, which forms this contract, smartbuildBath Ltd shall be under no liability whatsoever. The Company is fully insured in respect of all Public Liability (£2,000,000) and Employers Liability (£10,000,000) and the client must satisfy Him/Herself as to their own insurance arrangements prior to commencement of the work.

10) Force Majeure. SmartbuildBath Ltd shall be under no liability for any loss, damage, delay or expenses caused wholly or in part by Act of God, outbreak of war, civil commotion, Governmental policies or restrictions or control, including restrictions of export or import or other licences, trade or industrial disputes.

11) Risk. Under the rules stated by the Sale of Goods Act 1979, the risk in the goods shall pass to you upon delivery. We shall retain ownership of the goods until payment is made in full. SmartbuildBath Ltd is not liable fopr any consequential loss unless any product is still within the manufacturers guarantee.

12) Variations. No addition to or variation of these conditions will bind the business, unless it is specifically agreed in writing and signed by a Director of the Company. No agent or person employed by or under contract with the Company has the authority to alter or vary these conditions in any way.

13) Quotation acceptance period. Quotations for work to be undertaken by smartbuildBath Ltd are only available for acceptance by the client for a period of 12weeks (3months) from the date of the quotation. After this period, we reserve the right to revise the quotation to cover any increase in Labour/Materials that may have occurred during this period. All quotations provided are subject to VAT at the standard rate of 17.5% inless otherwise stated. We require a written notice to change or terminate the contract.

Sources: The Sale of Goods Act 1979.

The Supply of Goods and Services Act 1982.

The Unfair Terms in Consumer Contracts Regulations 1999.