Terms and Conditions of Contract

1.  Definitions        In these conditions the following expressions shall have the meanings assigned to them where the context so admits:

• “the Client” shall mean the name of the person, persons or Company to whom the quotation is addressed.
• “the Contractor” shall mean Everything Shutters Limited, registered in England as Company number 08845350.
• “the works” shall mean the mobilization prior to and the work to be carried out at the site as specified in the quotation.
• “the site” shall mean the area or areas where the Contractor is to carry out the work.
• “the contract” means the quotation provided.
• “the price” is the sum to be paid by the Client to the Contractor for the works as given in the quotation.
• “variation” means any alternation or modification of the design or quality of the works including addition, omission or substitution of work.

2. The Contract, the Works and the Contract Price.

• The works shall be carried out in accordance with the contract and in accordance with these terms and conditions.
• The commencement of the Contractor’s works shall be deemed to be unqualified acceptance of the contract by the Client.
• Time for completion of the works is not the essence of the contract.
• The Contractor has no design responsibility and performance specified work does not apply to this contract.
• The Client shall ensure that the site is prepared for the works to be executed including setting out the exact line and position of the works.
• It is the customer’s responsibility to supply safe access to facilitate the installation of the shutters.
• The Client shall be responsible for ensuring that prior to commencement of the works that any enabling works required by the Contractor in order for the works to commence or be fixed to are completed in full.
• The Client is responsible for all site facilities including provision of site power.
• Any agreed building works on the window/window area/floor/floor area/door/door area must be completed prior to installation.
• The site area must be free from building works/contractors which will inhibit the installation of the shutters.  If the contractor deems the site unfit for installation then the shutters will not be installed and another installation date will be set and will be charged at an additional £40 per hour plus VAT.  This is at the sole discretion of the Contractor.
• Any amendments to the structural area that the shutters are to be installed into must be agreed in writing with the Contractor when the shutters are ordered.
• Any amendments to the structural area that the shutters are to be installed into that have not been agreed by the Contractor and result in the shutters not fitting the measurements taken when the order was placed will result in any reworks being charged at £40 per hour plus VAT.  If it is deemed that the shutters can no longer be installed as a result of any unknown amendments then the Customer is still liable for the full cost of the shutters and installation and the shutters will remain the property of the Customer.  If it is agreed between the Customer and the Contractor that an attempt will be made to install the shutters then any additional work required in addition to the installation will be charged at £40 per hour plus VAT.  This will only happen on written agreement from the Customer.  Any amendments made to the shutters will deem the warranty void.
• The Contractor will not amend the structure of the shutters without prior written agreement from the Customer.  All amendments will make the warranty void and if in the opinion of the Contractor that the amendments are not possible or will alter the quality of the product then the Contractor has the right to refuse to carry out the works.  If these amendments are necessary as a result of the window/window area/floor/floor area/door/door area being amended without the knowledge of the Contractor then we have the right to refuse to install the goods and the goods remain the property of the Customer.
• With the installation of Tier on Tier shutters the shutters will be fitted in accordance with the alignment of the property and taking this into consideration the completed installation may be subject to gaps around the panels which cannot be prevented.
• The price is subject to any necessary variation instructed orally, in writing or by implication to complete the works due to site conditions.
• Unless otherwise stated in the quotation overleaf the programme of works is to be carried out in one phase or visit.  The costs of any return visits will be charged in addition to the price at £40 per hour plus VAT.
• Should the Works for any reason not commence on site, the Contractor will retain any deposit paid.
• Prices are subject to Value Added Tax at the appropriate rate.
• The Contractor will provide a warranty to cover the installation of the shutters for a period of 60 days after the installation.  Any works after that time will be charged at £40 per hour plus VAT.
• For larger orders it may be necessary for Goods to be delivered to the property prior to the installation date.  We will inform you where this is necessary and you will be responsible for facilitating such a delivery.
• It is a condition of these terms that access to the property is made available for the installation.  In order to ensure safe working the area in which the works are to be carried out  is clear of but not limited to pets, plants, furniture, breakable items and household residents.
• It is the Customers responsibility to ensure that your electrical supply is safe and suitable for the goods.
• If upon installation it becomes apparant that the window alignment is out in excess of normal parameters and the gaps around the shutters deemed to large to fill with sealant, the contractor may be able to fit cover strips but these are chargeable.  Prices depend on the quantity and size.

3. Payment.

• 50% deposit is required as acceptance of the quotation so that the order can be placed with the factory. Payment of deposit infers acceptance of these terms & conditions.
• Deposits cannot be refunded if an order is cancelled once the deposit is paid and order placed with the factory.
• The final 50% for the shutters is required prior to installation of the Works.
• Installation costs are based upon an hourly rate and are due upon completion of the works.
• Title of all materials delivered to site remains with the Contractor and shall not pass to the Client until paid for in full by the Client.
• Warrantee for the products will be issued upon receipt of full payment for the product and full payment of installation.

4. Limitation of Liability

• The contractor cannot accept responsibility in circumstances where the buyer is not present at the installation.
• The warranty does not cover any condition of or damage to the shutters from unauthorised repairs, accidents, alterations or misuse.
• We do not undertake structural surveys and no liability shall be accepted where damage is caused by existing structures or defects of the property.  It is the Customers responsibility to ensure that the installation of the Goods does not breach any leasehold, planning regulations or warranties that you may hold.
• In order to install the goods, holes will be made in the fabric of the structure/property/site.  Whilst every effort and care will be taken during this procedure, no liability is taken for any unforeseen damage for holes left when products are subsequently removed.  The Company also accepts no responsibility for any unforeseen structural damage as a result of the installation.
• The Company shall not be liable for delays as a result of unforeseen building works.
• The warranty shall not apply to any defect in the goods and installation arising from fair wear and tear, wilful damage, accident, moisture damage and negligence by you or a third party or if you fail to use the goods as advised by the Company through its literature or express verbal instructions.

5. Notice of the Right to Cancel

• The goods are bespoke and made to measure and as such they fall into the category of tailor made products within the Consumer Contracts Regulations and hence you will not be able to cancel your Order once placed (subject to clause 5b below).  This will not affect your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not.
• Everything Shutters Ltd will accept cancellations of Orders placed provided notice of cancellation is received writing 48 hours starting with the date the order was placed.  Your cancellation must be received by email to ryan@everythingshutters.co.uk.

These are the Terms and Conditions of Everything Shutters Limited.