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Dated From: 01/01/2016
- Save where otherwise agreed in writing Bifolds Bi Design Ltd shall execute the works on the following terms & conditions, which are incorporated into the contract between Bifolds Bi Design Ltd and the customer and the acceptance of Bifolds Bi Design Ltd quotation will signify acceptance of these terms and conditions.
- The client is entitled to a 14 day cooling off period from the ordering payment being received. The order payment is not a deposit and cannot be returned, repaid or refunded to the client after the 14 day period has expired. The client is ordering specially designed items for their special bespoke requirements in design, colour, appearance and size. This is deemed a bespoke item and cannot be restocked, reshelved, reused or returned as the order is fully custom-made according to the customers bespoke requirements. Following the 14 day cooling off period, this is now deemed an order and cannot be canceled or stopped.
- Bifolds Bi Design Ltd shall comply with and give all notices required by any statue, any statutory instrument, rule or order or any regulations or by-law applicable to the works and shall pay all fees and charges in respect of the works legally recoverable from it.
- Bifolds Bi Design Ltd shall complete the works in accordance with this quotation with due diligence and in a good and workmanlike manner using materials and workmanship of the quality and standards therein specified.
- Bifolds Bi Design Ltd shall use its best endeavours to complete the works within any period of time specifically agreed in writing between Bifolds Bi Design Ltd and the customer, but this will not form the basis of the contract and the company shall not be liable for any delays caused by reasons beyond its reasonable control, including but without prejudice to the generality of the foregoing, inclement weather and delays in obtaining materials from suppliers. Bifolds Bi Design Ltd shall not be liable for any failure or delay in delivering goods to the extent that delivery is prevented, frustrated, impended and/or delayed or rendered uneconomical arising from circumstances outside seller’s control including for example: acts of god, war, riot, explosion, abnormal weather, fire, flood, strikes, lock outs, government action or regulations (UK or otherwise), delays by suppliers, accidents, shortage of materials or manufacturing difficulties.
- In the event of any variations to the works by the customer, either orally or in writing. This order will be confirmed by Bifolds Bi Design Ltd in writing or unless the order is rescinded within seven days shall be treated as confirmed.
- Wherever possible a quotation will be given for any additional works or variations to the contract, but otherwise will be charged at a fair price base on the variation.
- Bifolds Bi Design Ltd will not be liable to the customer for any unforeseen site conditions not apparent at the time of survey and without opening up the existing structure or groundwork’s.
- Bifolds Bi Design Ltd cannot take any responsibility for existing water services which include pipe fittings, boilers, stop cocks, valves etc in any event of failures Bifolds Bi Design Ltd shall agree to postpone the works until such problem has been rectified by the customer at the customer’s expenses.
- Bifolds Bi Design Ltd cannot take any responsibility for existing electrical services which include switches, light fittings, cable, fuses, fuse boards, satellite, TV or phone cables etc in any event of failures Bifolds Bi Design Ltd shall postpone the works until such problems have been rectified by the customer at the customer’s expenses.
- Bifolds Bi Design Ltd will not be responsible for the removal and the refitting satellite dishes, cables, telephone or internet cables, alarms, alarm catches and accessories, outside lights and/or any cables, pipes or conducts that feed any electrical appliance or items attached and installed to the client’s property.
- In the event of any such postponement or dispute Bifolds Bi Design Ltd will be entitled to be paid for all materials in full on site.
- In the event of such postponement or dispute Bifolds Bi Design Ltd shall be entitled to have full access to removal of all items and materials and materials and equipment whether this is attached, fixed or installed to the clients property. This can be between the hours of 8am-5pm on any day required without interference from any such person or persons.
- In the event of the removal of items, materials from the clients property whether this be attached, fixed or installed to the property Bifolds Bi Design Ltd will leave the clients property in a temporary secured state and will not leave any opening unsecured.
- Bifolds Bi Design Ltd must have access to all areas of works from 8am to 5pm on any day of the week, the client must make arrangements for access to be available, if any delays in access occur or failure to commence with the works the client will be charged £180.00 per one ½ day to each operative from Bifolds Bi Design Ltd. In any delay the client must give in writing or direct contact at least 24 hours’ with the managing director of Bifolds Bi Design Ltd notice of such delay of access to commence with the work.
- All materials and equipment on site whether this be attached, fixed or installed to the clients property which form part of the contract work shall remain the property and be in exclusive possession of Bifolds Bi Design Ltd until such time as the contract sum has been paid in full.
- Value added tax will be charged at the rate prevailing at the time of completion of the works if it is required.
- All invoices and order payments have to be paid and received in full amount for any guarantees to take effect.
- Bifolds Bi Design Ltd shall be entitled to payment as follows and as detailed in this terms of conditions of sale:
- Order payment with order is non-refundable or returnable once order payment has been made
- Stage payments, as to stage payments schedule
- Balance payment in full upon completion of works
- Payment to be received upon presentation of invoice
- All quotations are exclusive of VAT unless stated otherwise
- All VAT must be paid at the current rate on completion of works
- Bifolds Bi Design Ltd maintainfull legal title of goods and retains complete ownership of items and goods whether this is attached, fixed or installed to the clients property until the balance has been received and paid in full.
- Bifolds Bi Design Ltd cannot take responsibility for any problems arising from ground movement below damp proof level.
- Bifolds Bi Design Ltd shall be entitled to charge interest on all outstanding monies at the rate of 5% over bank of England base rate prevailing at the time the monies are due.
- In the event of any dispute arising during the course of or subsequent to completion of the contract the customer will not be entitled to withhold payment in excess of any amount representing a reasonable valuation of the works required to rectify or replace any allegedly defective works which are the subject of the dispute.
- Bifolds Bi Design Ltd cannot take any responsibility for any problems arising from softwood, hardwoods and UVPC plastics i.e. warping, twisting, splitting, bowing, shrinkage, discolouring or fading in colour or shape to panels, boards solid or veneered products after installation.
- Client will be agreeing to all sections of paragraph 22a to 22e:
- UPVC extrusions and vacuum formed panels which are supplied by the manufacturer are guaranteed by the manufacturer not to discolour or degenerate structurally for a period of 10 years after installation.
- Sealed double glazed units which are supplied by the manufacturer are guaranteed by the manufacturer not to form condensation within the cavity for a period of ten years after installation
- All mechanical parts such as locks, hinges, handles etc which are supplied by manufacturer that are subject to wear and tear are guaranteed by the manufacturer against malfunction under normal use for a period of one year after installation.
- All workmanship by Bifolds Bi Design Ltd is guaranteed for a period of twelve months after installation with all manufactures guarantees being passed to the customer after installation.
- Bifolds Bi Design Ltd will not be responsible for any products, materials or items due to failures or breakdowns. Bifolds Bi Design Ltd will not be responsible for any guarantees which have been provided from the manufacturer in any event it is and will be the client’s responsibility to contact the manufacturer directly of the items and products which they have purchased through Bifolds Bi Design Ltd.
- Bi-Folds Bi-Design Ltd are only responsible for replacement items which fail or are faulty after installation. Bi-Folds Bi-Design Ltd are not responsible or liable for any labour costs to refit any faulty goods or items from other suppliers or manufacturers. Bi-Folds Bi-Design Ltd is also not liable or responsible for the subsequential or consequential costs of any type of cost or counter charge by the client.
- This guarantee is conditional on the works being adequately and properly maintained and does not cover any physical damage caused by misuse, impact, abrasion or cleaning with non-proprietary chemicals.
- Notice of any claim under this guarantee must be made in writing by letter to Bifolds Bi Design Ltd with evidence within 14 days of the alleged defect becoming apparent.
- This guarantee is not transferable unless requested in writing and agreed to by Bifolds Bi Design Ltd and is adjust to an administration fee, which will be advised by Bifolds Bi Design Ltd at the time of request.
- Client cannot instruct or order any operative working forBifolds Bi Design Ltd to carry out any building works, all instructions or orders must be given to the project manager or managing director of Bi-Folds Bi-Design Ltd before any works are carried out.
- Client cannot employ directly or indirectly any operative, sub-contractors or temporary employees from Bifolds Bi Design Ltd once a contract has started and for a period of two years from the completion date in any event.
- Bifolds Bi Design Ltd will not be responsible for any additional costing’s for service work items and conditions that have not been noted, recorded or inserted in the main terms and conditions and specification of the contract.
- All payments or stage payments which have been signed off or paid in full are an acceptance of satisfactory qualities of workmanship which has been specified in the main specification documents. Client cannot withhold monies against any works which have been signed off or paid in full.
- On the signing of the sign off sheet by the client or the clients representative the client will be fully responsible for all items and materials of works and be an acceptance of satisfactory qualities of workmanship and fully agree to be satisfied that the works have been installed to a standard to which they are fully agreeing to be completed and to be fully finished and have inspected the works so to agree and that they are completely satisfied with the installation of works and materials and take full responsibility of all items and materials once they have signed the sign off sheet. Once the client or the client’s representative have signed the sign off sheet Bifolds Bi Design Ltd will be deemed to have fully completed the services that were instructed to perform on behalf of the client.
- Should any stage of payment, order payment or agreed payment not be made in full by the client by the terms agreed in the stage payments plan or agreed revisions to the stage payment plan Bifolds Bi Design Ltd may at its discretion either stop works or cancel any work agreed in the contract. In this event the stage payment in question will remain outstanding and due for payment. In the event that work is stopped or suspended by Bifolds Bi Design Ltd for reasons of late payment by the client the additional charges, for re-instating works and re-deploying personnel and plant may be charged and must be paid in full, in addition to the missed payment before work can resume. Bi-Folds Bi-Design Ltd may also at their discretion require that further stage payments are paid in advance of further works being carried out.
- If the client at any time wants to stop works from continuing then additional charges for re-instating works and re-deploying personnel and plant may be charged and must be paid in full before work can resume. In the event all works completed to the point where the client has requested works is stopped will remain bound by the terms and conditions of the contract.
- Should Bifolds Bi Design Ltd stop works for reasons of late payment or stopped payment the terms and conditions in the contract will remain in place for works and services supplied to the stage for all works carried out by Bifolds Bi Design Ltd.
- Bifolds Bi Design Ltd will not be responsible or take any responsibility for damage caused to driveways, patios, walkways, hard or soft floor surfaces by any operative and delivery vehicle or vehicles of any kind. It is the client’s responsibility to advise what the hard and soft surfaces can withstand in tonnage load. Any damage caused by any vehicles or operative is at the client’s own risk and responsibility.
- Bifolds Bi Design Ltd will not be responsible or take any responsibility for any orders or instructions that the client has presented to Bifolds Bi Design Ltd from specification of items that has been supplied by the client that they will be fully responsible that the information they supply is correct at time of placing the order.
- Bifolds Bi Design Ltd will be entitled to charge the client a fee of £180.00 if there is an aborted or failed site visit to commence with site survey or delivery for any purposes which is not Bifolds Bi Design Ltd responsibility or are at fault the client must give at least 24 hours’ notice of the cancellation of site visit presented by letter only.
- Client will be subject to a cancellation charge of the total order. This applies for any cancellation after the agreement of contract, also after the fourteen day cooling off period from the date of paying the order. This valuation is taken to be the outstanding sum after any order payment has been made. This clause (37) may be amended at the discretion of Bifolds Bi Design Ltd.
- The client will be charged 50% value of any items of work which they want to remove from the main contract, be this for the purposes of employing an alternative contractor or person. This also applies for the removal of works from the contract entirely. This clause (38) may be amended at the discretion of Bifolds Bi Design Ltd.
- All additional amendments, valuation or changes from the main contract Bifolds Bi Design Ltd will be entitled to charge additional administration, project management and delivery costs for any such works to commence.
- Bifolds Bi Design Ltd will be entitled to charge an amount for any additional works that are instructed by architect, client, building control surveyor, structural engineer or building surveyor which is not included in the main specification which is part of the main contract.
- The client will be accepting and agreeing to all the terms & conditions of sale when placing or paying for an order which they are present or not present in person at the time of the transaction at the trading address of Bifolds Bi Design Ltd, this can be by the means of phone payment with card details, bank transfer by an internet or phone banking systems and payments manually made direct into Bifolds Bi Design Ltd bank account. It is the client’s responsibility to request a copy of the terms & conditions of sales which can be provided on the client’s request.
- The client is fully responsible for all planning laws and conditions; they are also fully responsible for all sizes and heights and to all boundary lines conditions and laws. Bifolds Bi Design Ltd will not be responsible or take any responsibility for any issues arising from any of these areas of dispute with any council planning, neighbours or legal challenges from any person companies’groups’ government offices etc.
- Bifolds Bi Design Ltd can and has the right to at any point or stage to change, alter or adjust any sections and/or details of the terms and conditions of Bifolds Bi Design Ltd.
- Bifolds Bi Design Ltd will not tolerate or accept such behaviour from any customer or client such as swearing, insulting, aggressive or racial behaviour. In the event of any client or customer behaving in such a way Bifolds Bi Design Ltd has the right to terminate all works and the contract with immediate effect and obtain any outstanding monies owed by the client or customer.
- Payments for goods and services will only be accepted by bank card payment, cash or bank transfer. Cheques will only be accepted at the discretion of Bifolds Bi Design Ltd.
- All delivery payments by bank card or bank transfers will be made 3 days prior to delivery. Cash can be accepted on delivery also. Once order payment has been made no return or refund of order payment will be returned or refunded. Client will be charged 5% for all credit card transactions or payments and will be responsible for all bank transfer payment costs.
- Goods which are manufactured specifically to client’s order and which client agrees to collect ex-works must be collected within seven days of seller notifying client that the good are ready. When the goods are for a delivery location to a designated address and were deemed a failure to deliver or full delivery payment was not made on delivery of goods also. If the goods are not collected within this period Bifolds Bi Design Ltdshall be entitled to invoice client for the goods, the goods being held at the client’s risk.
- Bifolds Bi Design Ltdwill not be responsible or take any responsibility for bricks, blocks or exterior rendering plaster or interior plastering and cement pointing to roof verges and perimeter of doors and windows from cracking, splitting, loosening or full failure to the customers property. In the event of removing or refitting existing doors, windows or any items that the contract states, in the event of any failure it will be the clients full responsibility to repair or replace all failed items at the clients expense.
- Bifolds Bi Design Ltdwill be able to claim all legal expenses back from the client in the event of any legal action taking place.
- All drawings and illustrations that have been supplied by Bifolds Bi Design Ltdare only a guideline and are not to be taken as exact finished dimensions or detailed specifications or scaled drawings.
- Bifolds Bi Design Ltdwill not be responsible or take any responsibility for items not being fully compliant with current building regulations; this is the client’s full responsibility.
- Bifolds Bi Design Ltdreserves the right at any time to demand security for payment before continuing with or delivering an order.
- Until legal title in the goods passed on to the client, client shall not do anything with the goods which would cause the goods to become unidentifiable as belonging to Bifolds Bi Design Ltdand shall keep the goods properly stored, protected and insured and the goods shall be stored in such a way to be clearly identifiable as belonging to Bifolds Bi Design Ltd.
- Client shall examine all goods on delivery. No responsibility or liability will be accepted by Bifolds Bi Design Ltd for any shortage or damage to goods unless:
- Where the goods are delivered by Bifolds Bi Design Ltdown transport details of any shortage or damage is endorsed on the delivery note.
- Where goods are delivered other than Bifolds Bi Design Ltdown transport, Client notifiesBifolds Bi Design Ltdin writing within three working days of receipt of the goods.
- In all cases whereClient complains of defect or shortages Bifolds Bi Design Ltdshall without prejudice to the question of liability generally be under no liability in any event if it has not been given an opportunity to inspect the goods before they had been used by Client or if the goods have already been used by client, if client is unable to prove (by whatever method) to the reasonable satisfaction of Bifolds Bi Design Ltdthat the defect or shortage has been caused due to client’s use of the goods in accordance with any specification for the goods as set out in the client’s order. No liability whatsoever will be accepted by Bifolds Bi Design Ltdfor any consequential loss.
- Goods Delivered to the client are not returnable except under the terms of the guarantee in existence at the time of delivery. No credit will be given by Bifolds Bi Design Ltdto the client for goods until such time as these have been returned to and inspected by Bifolds Bi Design Ltdand found to be defective.
- No liability whatsoever will be accepted by Bifolds Bi Design Ltdfor damage caused by unsatisfactory further loading or storage by the client or client’s customer. It will be the responsibility of the client/client’s customer to ensure that products are complete and are handled / transported carefully. We would respectfully suggest that the client/client’s customer signs for the products before re-loading and further transportation.
- All complaints must be put to Bi-Folds Bi-Design Ltd in the form of a letter in writing. Emails or phone calls will not be accepted in relation to any of these correspondents.
- Fitting payment is a separate invoice and is not included in the sale of any items or products, it will not be included as part of a sale or order of items or products and is a single contract in its own right. Fitting payment is to be made 24 hours prior to the fitting date.
- If client wants to cancel installation there will be an administration fee of £160.00 including VAT and 30% of installation cost for cancellation of works.
- Once client has agreed to Bifolds Bi Design Ltd installing any of its works the client will be agreeing to clause 60.
- Bifolds Bi Design Ltd are not responsible for any curtains, curtain pole, nettings, blinds, curtain pelmets, accessories, trims, fixtures and fittings. It is the client’s responsibility to remove all items before installation and it is the client’s responsibility to reinstall and refit all interiors, fixtures and fittings.
- Unless otherwise expressly agreed any packaging supplied by the Bifolds Bi Design Ltd is intended to be only sufficient to protect the Goods for all normal conditions of transit and for the normal period of transit only.
- When placing an order the client confirms that, notwithstanding the provisions of this Condition 64, it wishes Bifolds Bi Design Ltdto deliver the Goods to a site that does not provide for Goods delivered to be signed for,Bifolds Bi Design Ltdshall complete delivery by leaving the Goods at the site address provided by the client. In the event that the Goods are not signed for (whether due to the premises nominated by the client, the unavailability of an authorised representative of the client or otherwise), the Client acknowledges and accepts that Bifolds Bi Design Ltdshall have no liability to the Client (whether in contract tort, negligence or otherwise and howsoever arising) for any loss of or damage to such Goods and/or any costs, damages, losses or claims arising out of or in connection with its election to have the Goods delivered to such premises or the unavailability (or otherwise) of an authorised representative of the Client to sign for the Goods.
At Bifolds Bidesign ltd, we strive to provide a first class service to all our customers. However, there may be an occasion when you are not happy with the service that you have received.
If you have any queries, suggestions or complaints:
1.In the first instance, if you wish to complain about our services, please speak to a member of staff who will try to sort things out for you directly, or will put you in touch with someone who can help.
You can contact us on:
Bifolds Bidesign Ltd
01206 212 040
1. If you send your complaint by email with an attached letter or by post, we will aim to send an initial acknowledgement of receipt of a complaint within 7 working days and a full response to complaints within 21 days of receipt.
2. If they cannot respond in full within 21 working days, we will keep you informed on the progress of our investigation.