Standard Terms and Conditions for Supply of Goods & Services
In this document the following words shall have the following meanings:
1.1 “Consumer” shall have the meaning ascribed in Section 12 of the Unfair Contact Terms Act 1977
1.2 “Customer” means any person who purchases Goods and Services from the “Supplier”
1.3 “Goods” means the articles specified in the Proposal
1.4 “Proposal” means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier
1.5 “Services” means the services specified in the Proposal
1.6 “Supplier” means Pods by The Podhouse Company Ltd, 3A Minton Place, Victoria Rd, Bicester OX26 6QB
1.7 “Order” means the contract and agreement between the Supplier and the Customer to purchase the Goods and Services at the agreed price.
1.8 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier
2.1 These Terms and Conditions shall apply to all contracts for the supply of the Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier
2.3 Nothing in the 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 Goods and Services, by virtue of any statue, law or regulation
2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer
2.5 The Supplier reserves the right to amend these terms and conditions at any time
3. The Goods
3.1 The Goods illustrated on Company brochures and websites are intended as a guide only and do not form part of any Order or contract.
3.2 The Company reserves the right to alter specifications of the Goods without prior notice and may occur as a result of unreasonable third party costs or shortage of available materials. The Company will always endeavour to inform the Customer should any significant specification changes be necessary.
4. Proposals and Orders
4.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of 30 days
4.2 The Customer shall be deemed to have accepted the Proposal by placing an Order with the Supplier (“the Order”) within the period specified in Clause 3.1 The Customer is responsible for obtaining a copy of these terms and conditions for their reference.
4.3 All Orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions
5. Price and Payment
5.1 The price for the Goods and Services is as specified in the Proposal and is exclusive of VAT and any applicable charges outlined in the Proposal
5.2 Payment of the price shall be in the manner as specified in the Proposal
5.3 If the Customer fails to make the payment within 3 days of it becoming due, the Supplier shall be entitled to charge interest at the rate of 0.5% per month on the outstanding amounts
5.4 A £500 holding deposit is required upon placing the Order. The holding deposit will be fully refundable up to 40 days before the proposed delivery date.
5.5 A second stage payment of 50% of the total order value (less the holding deposit) is due 8 weeks before the agreed delivery date.
5.6 A third stage payment of 50% of the total order value is due upon completion and works sign-off.
5.7 Payments may be made by bank transfer as per details on the Invoice and Order. Payments by cheque are accepted, however must be made three days in advance of the due dates identified in 5.4, 5.5 and 5.6.
6. Delivery & Installation
6.1 The date of the delivery specified by the Supplier is an estimate only. Time for the delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses cause directly or indirectly by any delay in the delivery of the Goods
6.2 All risk in the Goods shall pass to the Customer upon delivery
6.3 If the Customer postpones/delays the delivery of the Goods for any reason within 10 working days of the proposed delivery date, the following penalties will be incurred:
Within 10 – 5 working days of the delivery date – 10% of the cost of Goods
Within 5 working days of the delivery date – 20% of the cost of Goods
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods
8. Customer’s Obligations
To enable the Supplier to perform its obligations the Customer shall:
8.1 Co-operate with the Supplier
8.2 Provide the Supplier with any information reasonably required by the Supplier
8.3 Obtain all necessary planning permissions, licences and consents which may be required before the commencement of the supply of Goods and/or Services, the cost and liability for which shall be the sole responsibility of the Customer
8.4 Ensure the site is cleared and prepared to facilitate the delivery and receipt of the Goods. Failure to complete the necessary preparations may result in a delay, or in certain circumstances, and cancellation of the installation schedule. A minimum charge of £500 will be levied to the Customer if any of its obligation are not fulfilled and result in a postponement to the installation schedule.
8.5 Provide any necessary parking permits and/or access approvals required to facilitate the installation of the Goods
8.6 Comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties
8.7 The Customer must report any faults to the Customer immediately on discovery of the fault.
9. Supplier’s Obligations
9.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier
9.2 The Supplier shall perform the Services with the reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice
9.3 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free from defects
9.4 The Supplier shall take reasonable care to avoid damage to plants, grass, trees and shrubs but will not be held for liable for damage caused during the delivery process
9.5 The Supplier may remove the workforce from site if conditions are considered to be unsafe. The Supplier will discuss with Customer measures to improve safety conditions before work or delivery will re-commence.
9.6 In additions to the Customer’s statutory rights, the Supplier guarantees all Goods against faulty workmanship and materials for a period of 12 months from the date of delivery
9.7 The Supplier provides the following Guarantee(s) in relation to the Goods and Services carried out:
a) Design and Manufacturing faults to the structure of the building – 10 Years
b) Door and window frames – 3 years
c) Double glazing internal misting and hinges and locks – 3 years
d) External decking – 3 years
e) Guarantee includes rot and corrosion and excludes storm or malicious damage, and general wear and tear.
f) Rooms constructed under Permitted Development are only suitable for non-habitable use. Habitable use will render the Guarantee invalid.
9.8 The Supplier has no liability in respect of weathering to external cladding and natural discolouring.
9.9 The Supplier is not responsible for door adjustments after a period of three months from installation, by which time the room will have settled. The Supplier will provide guidance to the Customer on how to undertake adjustments if these become required after time, or can undertake this service on the customer’s behalf however charges will apply.
9.10 Where an electrical installation and full connection has been carried out, the Supplier shall provide a Part P certificate to the Customer, once the final balance payment has been received.
9.11 The Supplier follows NHBC guidance in respect of plaster finished to walls and ceilings and seeks to minimise the likelihood of cracks. Settlement cracks up to 2mm may occur within the first three months which the Supplier will remedy. The Supplier is not liable to repair any settlement cracks after three months from installation.
10. Cancellations and Refunds
10.1 Where the Goods are faulty or do not comply with the contract, the Customer must notify the Supplier within 5 days of the delivery and the Customer shall be entitled to replacement goods
10.2 The Customer may cancel any Order by notifying the Supplier by email to the Suppliers address immediately after placing an Order. Payment will be refunded in full providing no additional costs have already been incurred, up to 40 days before the proposed installation date.
10.3 If the customer fails to cancel the order within the time specified in Clause 9.2, any payment made may not be returnable
11. Limitation of Liability
11.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however 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
11.2 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.
11.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer on respect of any failure to complete the Services by any agreed completion date
12. Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations it 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 shortage or unavailability of raw materials from a natural source of supply and the party shall be entitled to a reasonable extension of its obligations
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such as provision shall be severed and the remainder of the provisions hereof shall continue in full force an effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated
14. Governing Law
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