Westbury
Terms & Conditions
- Interpretation
- Quotations
- Acceptance
- Penalties
- Passing of Risk
- Payment
- Guarantee
- Copyright
- Notice
- Law
- Party Wall
- Specification
Interpretation
In these conditions the following words shall have the following meanings:-
“the Buyer” means the person, firm or company from whom a request for a quotation or order for goods and services has been received.
“the Works” means the erection of a Conservatory as described in the quotation or order.
“the Seller” means Westbury Conservatories Limited, Martels, High Easter Road, Barnston, Essex, CM6 1NA.
“the Materials” means the building and other materials incorporated or intended to be incorporated into the Works.
Quotations
2.1 Unless previously withdrawn by the seller a quotation remains open for acceptance by the Buyer within the period stated therein or where no period is stated, within 28 days after the date of the quotation.
2.2 Unless otherwise agreed in writing between the Buyer and the Seller the Seller’s offer is for all the items specified in the quotation and not for individual items detailed therein.
2.3 Indications of price given in any form other than the Seller’s written quotation are for the guidance of the Buyer only and are not binding upon the Seller.
Acceptance
Any order placed by the Buyer with the Seller shall not be binding upon the Seller until the Seller forwards a written acknowledgement to the Buyer incorporating these Standard Terms and Conditions.
Penalties
Once works have commenced, any unreasonable disruption/ delay to continous attendance by the Seller to carry out ‘the works’ will be subject to penalties at the rate of £2000 a day and cost of men’s wages.
Passing of Risk
5.1 The risk in the Materials will pass to the Buyer upon delivery of the Materials for erection.
5.2 Notwithstanding the above, where delivery is delayed by the fault of the Buyer the risk in the Materials will pass to the Buyer upon service of notice by the Seller stating a willingness to deliver the Materials for erection.
Payment
6.1 Payment for the Works will be made by the Buyer to the following stages:-
a. 25% of the total value of the order is to be paid when the order is placed by the Buyer with the Seller.
b. 30% of the total value of the order is to be paid by the Buyer when the Seller completes the basework.
c. 35% of the total value of the order is to be paid by the Buyer when the Seller delivers the Materials.
d. 10% of the total value of the order is to be paid by the Buyer on completion of the Works.
(Any additional works to be paid by the Buyer on completion of the Works).
6.2 Supplying and fitting only
a. 33% of the total value of the order is to be paid when the order is placed by the Buyer with the Seller.
b. 57% of the total value of the order is to be paid by the Buyer when the Seller delivers the Materials.
c. 10% of the total value of the order is to be paid by the Buyer on completion of the Works.
(Any additional works to be paid by the Buyer on completion of the Works).
6..3 Supply only
a. 50% of the total value of the order is to be paid when the order is placed by the Buyer with the Seller.
b. 50% of the total value of the order is to be paid by the Buyer when the Seller delivers the Materials.
6.4 Time will be of the essence with regard to the requirement for the Buyer to pay any instalment or the balance of the total value of the order.
6.5 Without prejudice to its other rights or remedies, the Seller will be relieved of its obligations to undertake any further works in pursuance of its contract with the Buyer if the Buyer fails to pay any instalment or the balance of the total value of the order when due.
Guarantee
7.1 The Seller guarantees the quality of the Materials and Works (applying to the glazed timber structure) for a period of 5 years.
7.2 In the event of any defect arising within the period mentioned in Clause 7.1 above, the Buyer must notify the Seller within 7 days of such defect becoming apparent specifying the precise nature of the defect.
7.3 Where the Seller acknowledges a defect in the Materials or Works they shall be allowed to return and remedy such defect by whatsoever means the Seller considers most appropriate.
7.4 The Seller will accept no liability or responsibility for Materials or Works which have been altered by the Buyer so as to deviate from their original specification.
7.5 The Seller’s liability for any consequential loss or damages arising from breach of contract or negligence on part of the Seller will be limited to the value of contract. HOWEVER, nothing in this clause shall be effective to limit the Seller’s liability for death or personal injury caused by their negligence.
Copyright
The Copyright in any drawings or documents prepared by the Seller in pursuance of the Contract will at all times belong to the Seller.
Notice
Any notice required to be given by either party to the other shall be served by delivery at or sending the same by registered post or recorded delivery or other means in permanent written form to the last known address of the other party and any receipt issued by the postal authorities shall be conclusive evidence of the fact and date of posting of such notices.
Law
The Agreement between the Buyer and the Seller shall in all respects be construed as an English Contract and in conformity with English Law.
Party Wall
Please note that we draw your attention to the existence of the Party Wall Act 1996 and that any work at or generally within one metre of a party wall or party fence wall does require notice to be given to the adjoining owner(s) at least two months (in the case of work to an existing party wall) or one month (in the case of a new wall at or near the boundary) before works commence on site.
Westbury Conservatories Ltd does not take responsibility for the issue of such notices or for obtaining agreements or settling disputes. We are not Party Wall surveyors or authoritative interpreters of the law. Although we may be able to give guidance in this matter, it may be necessary for you to appoint a specialist surveyor.
Specification
In line with a policy of continued product improvement, Westbury Conservatories reserve the right to change the specifications at any time.
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