1.1 In These Conditions
“ORDER FORM” means the Order Form or estimate to which these Conditions are annexed
“CUSTOMER” means the person specified on the order form as the person or company who accepts a estimate of the Contractor for the supply of the Services or whose order is accepted by the Contractor
“GOODS” means any Goods and/or materials to be supplied as part of the Services
“SERVICES” means the Services which the Contractor is to supply in accordance with these Conditions
“CONTRACTOR” means “PATRICK MILLS INTERIORS LIMITED” whose principal place of business is set out in the Order Form
“CONDITIONS” means the standard terms and Conditions of supply set out in this document and (unless the context otherwise requires) includes any special terms and Conditions agreed in Writing between the Customer and the Contractor
“CONTRACT” means the Contract for the supply of the Services
“WORKS” means the work to be carried out by the Contractor in accordance with the Order Form
“WRITING” includes facsimile transmission and comparable means of communication
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time
- The headings in these Conditions are for convenience only and shall not affect their interpretation
2.Basis of the Sale
2.1 The Contractor shall subject to these Conditions carry out the Works in accordance with the Order Form in a prompt and efficient manner and these Conditions shall govern the Contract to the exclusion of any other terms and Conditions subject to which the Contractor estimate is accepted or purported to be accepted, or the Contractor order is made or purported to be made or by any previous dealings between the Contractor and the Customer
2.2 No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Contractor and the Customer
2.3 The Contractor’s employees and agents are not authorised to make any representations concerning the Services unless confirmed by the Contractor in Writing. In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
2.4 any typographical, clerical or other omission in the order from or any sales literature, estimate, acceptance of offer, invoice or other document or information issued by the Contractor shall be subject to correction without any liability on the part of the Contractor
3.Orders and specifications
3.1 No order submitted by the Customer shall be deemed to be accepted by the Contractor unless and until confirmed in Writing by the Contractor authorised representative.
3.2 The Customer shall be responsible to the Contractor for ensuring the accuracy of the terms of any order ( including any applicable specification) submitted by the Customer , and for giving the Contractor any necessary information relating to the Services within a sufficient time to enable the Contractor to perform the Contract in accordance with the terms
3.3 No order which has been accepted by the Contractor nor any estimate which has been accepted by the Customer except with the agreement in Writing of the Contractor and on terms that the Customer shall indemnify the Contractor in full against any loss (including loss of profit) costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Contractor as a result of the cancellation.
4.Price of Services
4.1 The price of the Services shall be the Contractor quoted price. All prices quoted are valid for 30 days only or until earlier acceptance by the Customer, after which time they may be altered by the Contractor without giving notice to the Customer.
4.2 The Contractor reserves the right, by giving notice to the Customer at any time before delivery, to increase the price of the Services to reflect any increase in the cost to the Contractor which is due to any factor beyond the control of the Contractor or any delay caused by any instructions of the Customer or failure of the Customer to give the Contractor adequate information or instructions.
The price is exclusive of any applicable value added tax, which the Customer shall be additionally liable to pay to the Contractor.
5.Terms of Payment
5.1 Within 7 days after invoice (to be delivered upon or following notification by the Contractor to the Customer that the Works had been completed) the Customer shall pay the balance of the price stated in the Order Form and then remaining unpaid. The time of payment of the price shall be the essence of the Contract. Receipts for payment will be issued only upon request.
5.2 If the Customer fails to make any payment on the due date then, without any prejudice to any other right or remedy available to the Contractor, the Contractor shall be entitled to:
5.2.1 cancel the Contract or suspend the Works
5.2.2 charge the Customer interest (both before and after any judgement) on the amount paid, at the rate of four per cent per annum above Barclays Bank base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest)
6. Warranties and Liability
6.1 Subject to the Conditions set out below the Contractor warrants that the Works shall be carried out with reasonable care and skill and within a reasonable time and will be free from defects in material and workmanship for a period of six months from the date of completion of the Works.
6.2 The above warranty is given by the Contractor subject to the following Conditions.
6.2.1 The Contractor shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Customer.
6.2.2 the Contractor shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working Conditions, failure to follow the Contractor instructions (whether oral or in Writing), misuse or alteration or repair of the Goods without the Contractor approval.;
6.2.3 the Contractor shall be under no liability under the above warranty(or any other warranty, Conditions or guarantee) if the total price for the Goods has not been paid by the due date for payment;
6.3 Subject as expressly provided in these Conditions, and where the Services are supplied to a person dealing as a consumer within the meaning of the Unfair Contract Terms Act 1977), all warranties, Conditions or other terms implied by statute or common law are excluded to the fullest extent as permitted by law.
6.4 Any claim by the Customer which is based on any defect in the quality or workmanship of the Services or their failure to correspond with the specification shall be notified to the Contractor within 14 days from the date of completion of Works or (where the defect was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If the Customer does not notify the Contractor accordingly, the Customer shall not be entitled to reject the Services and the Contractor shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if the Services had been supplied in accordance with the Contract.
6.6 Where any valid claim in respect of any of the Services which is based on any defect in the quality of workmanship of the Services or their failure to meet specification is notified to the Contractor in accordance with these Conditions, the Contractor shall be entitled to make repairs free of charge or, at the Contractor’s sole discretion, refund to the Customer the price of the Services (or a proportionate part of the price), but the Contractor shall have no further liability to the Customer.
7.Except as provided above the liability of the company shall not exceed the value of the Services
8.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
8.2 No waiver given by the Contractor of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
8.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
8.4 The Contract shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.