1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
After Care Documents: any documents provided by Us after completion of the Services which provide information about how to maintain the Product;
Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;
Consumer: an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
Contract: the contract between you and Us for the supply of Goods, Product and/or Services in accordance with the Order Confirmation, Enquiry Checklist, After Care Documents and these Terms;
Enquiry Checklist: the checklist completed by Us during discussion with you, and subsequently incorporated into the Order Confirmation;
Event Outside Our Control: is defined in clause 12.2;
Goods: the goods that We are selling to you as set out in the Order;
Liability: liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
Location: the room or specific area upon which We provide the Services;
Order: your order for the Goods and/or Services as set out in our Enquiry Checklist quotation;
Order Confirmation: Our confirmation of the Order;
Product: the floor, surface or product We create for you as a result of the Services and/or incorporating the Goods as set out in the Order;
Services: the screeding services that We are providing to you as set out in the Order;
Specification: the specification provided and/or chosen by you in respect of the Goods, Services and/or Product;
Terms: the terms and conditions set out in this document; and We/Our/Us: Speed Screed Limited, Company Number 05896405, Registered Office Address, 5 Ebor Court, Randall Park Way, Retford, Nottinghamshire, DN22 7WF.
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply Goods, or Services, or both Goods and Services, to you.
(a) Please ensure that you read these Terms carefully, and check that the details on the Order and these Terms are complete and accurate, before you sign and submit the Order. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
2.2 Despite clause 2.2, the Contract constitutes the entire agreement between the parties. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on Our behalf which is not set out in the Contract.
2.3 When you sign and submit the Order to Us, this does not mean We have accepted your order for Goods, Product and/or Services. Our acceptance of the Order will take place as described in clause 2.5. If We are
unable to supply you with the Goods and/or Services, We will inform you of this in writing and We will not process the Order.
2.4 These Terms will become binding on you and Us when We issue you with a written Order Confirmation, at which point a Contract will come into existence between you and Us. *The Order details are valid for a period of 20 Business Days from date of issue.
2.5 We shall assign an order number to the Order and inform you of it in the Order Confirmation. Please quote the order number in all subsequent correspondence with Us relating to the Order.
2.6 Our website, catalogue and brochure are solely for the promotion of Our Goods and Services in the UK.
Unfortunately, We do not accept orders from addresses outside the UK.
2.7 The images of the Goods and/or Product [on Our website and in Our catalogue or brochure] are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that the printed pictures accurately reflect the colour of the Goods and/or Product. Your Goods and/or Product may vary slightly from those images. Although We have made every effort to be as accurate as
possible, because our Goods and/or Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated in Our catalogue or brochure have a 2% tolerance. *They shall not form part of the Contract or have any contractual force.
2.8 Nothing in these Terms shall exclude or limit any of your statutory rights if they may not be excluded or limited due to you acting as a Consumer. Where you are acting as a Consumer any provision which is marked with an asterisk (*) may, subject to determination by the Courts or any applicable legislation, have no force or effect. If any provision is, under the applicable law or these Terms or the Contract between us, unenforceable in whole or in part or has no force or effect, the Contract shall be deemed not to include such provisions. This shall not, however, affect the enforceability of the remainder of the Contract. For further information about your statutory rights contact your local authority, Trading Standards Department or Citizens Advice Bureau.
3. CHANGES TO ORDER OR TERMS
3.1 We may revise these Terms from time to time to reflect changes in relevant laws and regulatory requirements.
3.2 If We have to revise these Terms under clause 3.1, We will give you at least one month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the Contract in accordance with clause 13.4(c).
3.3 If the Specification is not chosen or specified by you, the screed provided by Us is a standard, basic screed.
3.4 If you are a Consumer, you may make a change to the Order for Goods and/or Services within 14 calendar days of Our Order Confirmation by contacting Us. Where this means a change in the total price of the Goods and/or Services, We will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 13 in these circumstances.
3.5 If you are a Consumer and you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 13.
4. YOUR OBLIGATIONS AND MEASUREMENTS
4.1 You shall:
(a) ensure that the terms of the Order and (if submitted by you) the Specification is complete and accurate;
(b) prior to performance of the Services, provide up-to-date and accurate details for Our completion of an Enquiry Checklist;
(c) provide Us, Our employees, agents, consultants and subcontractors, with access to your premises, office accommodation and other facilities as reasonably required by Us to provide the Services and/or for storage of Our plant and materials;
(d) provide Us, Our employees, agents, consultants and subcontractors, with sole access to the Location, for the period of performance of the Services;
(e) provide us with such information and materials as We may reasonably require to supply the Services, and ensure that such information is accurate in all material respects. For the avoidance
of doubt, you shall ensure that We have, at all times, adequate light, power, water drainage, scaffolding, platform hoisting, and other facilities, that We, in Our sole discretion, deem necessary
from time to time;
(f) prepare your premises for the supply of the Services, by removing any and/or all objects that may obstruct or hinder performance of the Services in any way (including, without limitation, any rubble,
furniture and/or equipment) and ensuring that the surface of the Location has not been painted and can easily bond with the screed;
(g) complete a full visual check of the Location to ensure that, in accordance with sub-clauses (g) to (i) below, the Services can be provided by us on the date specified by us;
(h) have completed any necessary surveys to ensure that, in accordance with clause 8 below, the Services can be provided by us on the date specified by us;
(i) ensure that the Location is, for at least 3 weeks prior to the start date for performance of the Services, and for at least 2 weeks after completion of the Services, kept at a minimum of 5°C and 75% relative humidity;
(j) ensure, prior to the start date of performance of the Services, that the Location does not contain any structural or large cracks;
(k) ensure that the Location contains a damp proof membrane, is not visibly damp and does not contain any surfaces that feel damp when touched;
(l) ensure that the floor surface at the Location is flat and relatively level and that the substrate is strong enough to withstand provision of the Services and delivery of the Product;
(m) ensure that, unless the Specification states otherwise, no weights or loads in excess of the load specified by the applicable structural engineer are applied to any part of the Product;
(n) ensure that, unless the Specification states otherwise, no chemicals are applied to the Product;
(o) ensure that, during and after performance of the Services, there is no movement of the ground underneath the Product;
(p) comply fully with the After Care Documents; and
(q) obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start.
4.2 We make an estimate of the Goods required for the provision of the Services, based upon the measurements you provide to Us. You can find information and tips on how to measure in Our brochure or on Our website, or by contacting Us.
4.3 Please make sure your measurements are correct and accurate. If your measurements are incorrect, We may have to revise Our prices for the Goods, Product and/or Services. However, this will not affect your legal rights as a Consumer in relation to Services and/or Goods that are faulty or not as described. Advice about your legal rights is available at your local Citizen’s Advice Bureau or Trading Standards office.
5. DELIVERY OF GOODS
5.1 We will contact you with an estimated delivery date, which will be prior to and/or on the day We commence provision of the Services, if applicable. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 12 for Our responsibilities when this happens.
5.2 If you have asked to collect any of the Goods from Our premises, you can collect the Goods from Us at any time during Our working hours of 09.00 – 17.00 on Business Days.
5.3 If no one is available at your address to take delivery, We will leave you a note that the Goods have been returned to Our premises, in which case, please contact us to rearrange delivery.
5.4 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will deliver the Order in instalments. We will not charge you extra delivery costs for this.
5.5 If you are a Consumer, if We miss the delivery deadline for any Goods then you may cancel your Order straight away if any of the following apply:
(a) We have refused to deliver the Goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told Us before we accepted your order that delivery within the delivery deadline was essential.
5.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 5.5, you can give Us a new deadline for delivery, which must be reasonable, and you can cancel your Order if We do not meet the new deadline.
5.7 If you do choose to cancel your Order for late delivery under clause 5.5 or clause 5.6, you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goods have been delivered to you, you will have to return them to Us or allow Us to collect them, and We will pay the costs of this. After you cancel your Order We will refund any sums you have paid to Us for the cancelled Goods and their delivery
5.8 Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us or you or a carrier organised by you collect them from Us and the Goods will be your responsibility from that time.
5.9 You own the Goods once We have received payment in full.
5.10 Risk in the Goods shall pass to you on delivery.
5.11 *Title to the Goods shall not pass to you until We receive payment in full (in cash or cleared funds) for such Goods and all other sums which are, or which become, due to Us from you on any account, in which case title to such Goods shall pass at the time of payment of all such sums.
5.12 Until title to the Goods has passed to you, you shall:
(a) store such Goods separately from all other goods held by you so that they remain readily identifiable as Our property;
(b) not remove, deface or obscure any identifying mark or packaging on or relating to such Goods;
(c) maintain such Goods in satisfactory condition and keep them insured on Our behalf for their full price against all risks with an insurer that is reasonably acceptable to Us. You shall obtain an endorsement of Our interest in the Goods on your insurance policy, subject to the insurer being willing to make the endorsement. On request you shall allow Us to inspect such Goods and the insurance policy.
6. IF THE GOODS OR PRODUCT ARE FAULTY
6.1 If you are a Consumer, you have legal rights in relation to Goods and/or Product that are faulty or not as described. We are under a legal duty to supply Goods that are in conformity with this Contract. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
7. OUR GUARANTEE OF GOODS AND PRODUCT
7.1 We guarantee that on delivery and for a period of ten (10) years from delivery, the Goods and/or Product shall be free from material defects and shall comply in all material respects with the British Standard BS8204-1 or such British Standard as may apply from time to time. However, this guarantee does not apply in the
circumstances described in clause 7.3.
7.2 Subject to clause 7.3, if:
(a) you give notice in writing during the warranty period within a reasonable time of discovery that some or all of the Goods and/or Product do not comply with the warranty set out in clause 7.1; and
(b) We are given a reasonable opportunity of examining such Goods and/or Product;
We shall, at our option, repair or replace the defective Goods and/or Product, or refund the price of the defective Goods and/or Product in full.
7.3 This guarantee does not apply to any defect in the Goods and/or Product caused and/or contributed to by:
(a) any failure by you to comply with any part of section 4 above;
(b) any failure by you to comply with any part of the After Care Documents;
(c) fair wear and tear;
(d) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(e) any failure by you to operate or use the Product in accordance with the After Care Documents and/or Our instructions;
(f) any alteration or repair by you or by a third party who is not one of Our authorised repairers; and (g) any Specification provided by you.
7.4 This guarantee is in addition to, and does not affect, your legal rights in relation to the Goods and/or Product that are faulty or not as described. We are under a legal duty to supply Goods and/or Product that are in conformity with this Contract. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.5 *Subject to clause 7.3, We shall have no liability to you in respect of any failure by the Goods’ and/or Product to comply with the guarantee set out in clause 7.1.
7.6 If you are a business, during this Contract and for a period of one year afterwards We shall maintain in force the following insurance policies with reputable insurance companies:
(a) public liability insurance with a limit of at least £5,000,000 (five million pounds) per claim; and (b) employers’ liability insurance with a limit of at least £10,000,000 (ten million pounds) for claims arising from a single event or series of related events in a single calendar year;
7.7 *You shall insure the Goods and Product during the Contract and for a period of one year afterwards in accordance with clause 7.6 above, and keep Us indemnified against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other
reasonable professional costs and expenses) suffered or incurred by Us as a result of or in connection with:
(a) any fire, explosion, storm, tempest, flood, bursting or overflowing water tanks, apparatus or pipes, earthquake, aircraft or other airborne devices or articles dropped from the air, civil commotion and/or theft;
(b) any breach by You of this Contract.
8. PROVIDING SERVICES
8.1 We will supply the Services to you on the date agreed between Us and set out in the Order Confirmation, until the estimated completion date set out in the Order Confirmation.
8.2 We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 12 for Our responsibilities when an Event Outside Our Control happens.
*We shall use all reasonable endeavours to meet any performance dates for the Services specified in the Order Confirmation, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services, however, if We are deemed liable for any delay in completion of the Services, Our maximum Liability will be a weekly maximum of 0.25% of the price paid by you under this Contract8.3 We will need certain information from you and/or require you to take certain action that is necessary for Us to provide the Services, for example, preparation of the site for provision of the Services. We will contact you in writing about this. If you do not, after being asked by Us, provide Us with this information, and/or take the specified action or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required, or We may terminate the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to Us after We have asked. We may have to suspend the Services if We have to deal with technical problems, or to make improvements agreed between you and Us in writing to the Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this clause
8.3 but this does not affect your obligation to pay for any invoices We have already sent you.
8.4 If you do not pay Us for the Services when you are supposed to as set out in clause 10.8, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts (except where you dispute an invoice under clause 10.11). We will contact you to tell you this. This does not affect Our right to charge you interest under clause 10.7.
8.5 Provision of the Services does not, unless specifically requested by you and included in the Order Confirmation, include any of the following
(a) cores or pull-off testing;
(b) insertion of movement joints or acoustic insulation;
(c) removal or sanding-down of any laitance produced by the Product, where the Product is anhydrite
screed or flowing screed flooring;
(d) patching around of holes applied to the Product by any third party or by you after completion of the Services;
(e) moisture testing; or
(f) a drop hammer test.
9. IF THERE IS A PROBLEM WITH THE SERVICES
9.1 If you are a Consumer, in the unlikely event that there is any defect with the Services or Product:
(a) please contact Us and tell Us as soon as reasonably possible;
(b) please give Us a reasonable opportunity to repair or fix any defect; and (c) We will use every effort to repair or fix the defect as soon as reasonably practicable and, in any event, within 30 days.
You will not have to pay for Us to repair or fix a defect with the Services or Product under this clause 9.1.
9.2 If you are a Consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
10. PRICE AND PAYMENT
10.1 The price of the Goods and/or the Services will be set out in the Order Confirmation. Our prices may change at any time, but price changes will not affect Orders that you have already placed.
10.2 Where Our charges for the Services need to be broken down and/or calculated on a time and materials basis for any reason:
(a) the charges shall be calculated in accordance with Our standard daily fee rates, from time to time. Currently Our standard daily fee rates are £156, £130 and/or £104, depending on the type of employee providing the Services;
(b) Our standard daily fee rates for each individual person are calculated on the basis of an eight-hour day from 8.00 am to 5.00 pm worked on Business Days;
(c) We shall be entitled to charge an overtime rate of 150% per cent of the standard daily fee rate on a pro-rata basis for each part day or for any time worked by individuals engaged on the Services outside the hours referred to in clause 10.2(b);
(d) We shall be entitled to charge you for any expenses reasonably incurred by the individuals whom We engage in connection with the Services including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, and for the cost of services provided by third parties and required by Us for the performance of the Services, and for the cost of any materials; and
(e) *All amounts payable by you under the Contract are exclusive of amounts in respect of VAT
chargeable from time to time. Where any taxable supply for VAT purposes is made under the Contract by Us to you, you shall, on receipt of a valid VAT invoice from Us, pay Us such additional amounts in respect of VAT as are chargeable on the supply of the Services, Goods and/or Product
at the same time as payment is due for the supply of the Services, Goods and/or Product.
10.3 If you are a Consumer, Our prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods and/or Services in full before the change in the rate of VAT takes effect.
10.4 The prices for the Goods include delivery costs.
10.5 It is always possible that, despite Our best efforts, some of the Goods We sell and/or Services we provide may be incorrectly priced. We will normally check prices as part of Our despatch procedures so that, where the Goods’ correct price is less than Our stated price, We will charge the lower amount when dispatching the Goods to you. If the correct price is higher than the price stated on Our Order Confirmation, We will contact you to tell you and for your instructions. If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, We do not have to provide the Goods to you at the incorrect (lower) price.
10.6 We reserve the right to:
(a) increase Our standard daily fee rates for the charges for the Services, provided that such charges cannot be increased more than once in any 12 month period. We will give You written notice of any such increase one month before the proposed date of the increase. If such increase is not acceptable to You, You shall notify Us in writing within two weeks of the date of notice and We shall have the right without limiting Our other rights or remedies to terminate the Contract by giving two weeks’ written notice to You; and
(b) increase the price of the Goods, Services and/or Product, by giving notice to You at any time before delivery, to reflect any increase in the cost of the Goods, Services and/or Product to Us that is due
(i) any factor beyond our control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
(ii) any request by you to change the delivery date(s), quantities or types of Goods, Services and/or Product ordered, any measurements you have provided, or the Specification;
(iii) any delay caused by any of your instructions in respect of the Goods, Services and/or Product or failure by you to give Us adequate or accurate information or instructions in respect of the Goods, Services and/or Product;
(iv) any failure by you to comply with any part of section 4 above, to the extent that such failure causes a delay in performance of the Services; or
(v) an increase necessitated by the surface of the Location being in excess of 15° from
10.7 In respect of Goods, We shall invoice you on or at any time after completion of delivery. In respect of the Product and/or Services, We shall invoice you on or at any time after provision of the Product and/or Services.
10.8 You shall, unless agreed otherwise by Us in writing, pay each invoice submitted by Us:
(a) within 30 days of the date of the invoice; and
(b) in full and in cleared funds to a bank account nominated in writing by Us.
(c) For non-account customers payment is due in full before commencement on site.
10.9 *Time for payment shall be of the essence of the Contract.
10.10 *If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
10.11 However, if you are a Consumer, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 10.10 will not apply for the period of the dispute. If you are a business, all queries with invoices must be raised within 10 days of the date of the invoice. After this time, no queries will be considered by us, and the invoice must be paid in full.
10.12 *You shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding except as required by law. We may, without limiting Our other rights or remedies, set off any amount owing to Us by you against any amount payable by Us to you.
11. OUR LIABILITY TO YOU: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
11.1 If you are a Consumer, if We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious
consequence of Our breach or if it was contemplated by you and Us at the time we entered into this Contract.
11.2 If you are a Consumer, if We are installing the Goods and/or Product and/or providing Services in your property, We will make good any damage to your property caused by Us in the course of installation or performance. However, We are not responsible for the cost of repairing any pre-existing faults or damage to your property that We discover in the course of installation and/or performance by Us.
11.3 If you are a Consumer, We only supply the Goods and/or Services or Product for domestic and private use. You agree not to use the Goods and/or Services or Product in connection with any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.4 *If We are found to be liable in respect of any loss or damage to your property the extent of Our Liability will be limited to the retail cost of replacement of the damaged property.
11.5 *We shall have no Liability to you if, without just cause, any monies due in respect of the Goods and/or the Services have not been paid in full by the due date for payment.
11.6 We shall have no Liability for additional damage, loss, liability, claims, costs or expenses caused or contributed to by your continued use of defective Goods and/or Product after a defect has become apparent or suspected or should reasonably have become apparent to you.
11.7 You shall give Us a reasonable opportunity to remedy any matter for which the We are liable before you incur any costs and/or expenses in remedying the matter yourself. If you do not do so We shall have no Liability to you.
11.8 *We shall have no Liability to you to the extent that you are covered by any policy of insurance arranged as a result of the Contract and you shall ensure that your insurers waive any and all rights of subrogation they may have against Us.
11.9 We shall have no Liability to you for any of the following losses (whether direct or indirect):
(a) *consequential losses (including loss of profits and/or damage to goodwill);
(b) economic and/or other similar losses;
(c) special damages, compensation paid and/or payable and/or indirect losses; and/or
(d) business interruption, loss of business, contracts and/or opportunity
11.10 If you are a Consumer, Our total Liability to you under and/or arising in relation to any Contract shall not exceed 5 times the amount paid by you to Us under the Contract, or the sum of £1,000, whichever is the higher. We do not exclude or limit in any way Our Liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the
Supply of Goods and Services Act 1982 (title and quiet possession), as amended by the Consumer
Contracts Act 2015, if applicable;
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples) as amended by the Consumer Contracts Act 2015, if applicable ; and
(e) defective products under the Consumer Protection Act 1987.
11.11 *Subject to clause 11.11:
(a) We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise,
shall in no circumstances exceed the price paid by you.
11.12 *The terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
11.13 We shall have no Liability to you for any losses arising from and/or contributed to by your breach of any and/or all of clause 4.1.
11.14 This clause 11 shall survive termination of the Contract.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
12.2 An Event Outside Our Control means any act or event beyond Our reasonable control including without
limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist
attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire,
explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or
private telecommunications networks, shortage of materials or any causes beyond the Company’s control.
12.3 Any work period dates specified by the company for completion of the works are estimates and subject to alteration in the event of any causes beyond the Company’s control.
12.4 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
12.5 You may cancel the Contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods and/or Services. Please see your cancellation rights under clause 13. We will only cancel the Contract if the Event Outside Our Control continues for longer than four (4) weeks in accordance with Our cancellation rights in clause 13.
13. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND – THIS CLAUSE ONLY APPLIES IF YOU ARE A CONSUMER
13.1 If you are a Consumer, before We begin to provide the Services or the Goods are delivered, you have the following rights to cancel an Order for Goods and/or Services, including where you choose to cancel because We are affected by an Event Outside Our Control or We change these Terms under clause 3.1 to your material disadvantage:
(a) you may cancel any Order for Goods and/or Services at any time before We despatch the Goods or
more than [fourteen (14) days] before the start date for the Services or within14 calendar days of placing an Order by contacting Us. We will confirm your cancellation in writing to you;
(b) if you cancel an Order under clause 13.1(a) and you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts and any delivery charges to you;
(c) however, if you cancel an Order for Services under clause 13.1(a) and We have already started work on your Order by that time, you will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us. However, where you have cancelled an Order because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us;
(d) unfortunately, if you cancel an Order for Goods under clause 13.1(a) and We have already despatched your Goods to you, We will not be able to cancel your Order until it is delivered [or
collected]. In this case, if you return the Goods to Us, We will have to charge you the cost of collection or you will have to pay the cost of returning the Goods back to Us. This will not affect your
refund for the Goods themselves, but we will not refund any charges for delivery and any charge for collection will be deducted from the refund that is due to you.
13.2 Unfortunately, as the Product is made to your Specification and/or requirements, you will not be able to cancel your Order once the Product is made (but this will not affect your legal rights as a consumer, if applicable, in relation to a Product that is faulty or not as described).
13.3 Once We have begun to provide the Services to you, you may cancel the Contract for the Services at any time by providing Us with at least 30 calendar days’ notice in writing. Any advance payment you have made for Services that have not been provided will be refunded to you.
13.4 Once We have begun to provide the Services to you, you may cancel the Contract for Services with immediate effect by giving Us written notice if:
(a) We break this contract in any material way and We do not correct or fix the situation within 30 days
of you asking Us to in writing;
(b) We go into liquidation or a receiver or an administrator is appointed over Our assets;
(c) We change these Terms under clause 3.1 to your material disadvantage;
(d) We are affected by an Event Outside Our Control.
14. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
14.1 We may have to cancel an Order before the start date for the Services or before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock or (in the case of Services) key personnel or key materials without which We cannot provide the Services. If this happens:
(a) We will promptly contact you to let you know;
(b) if you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts to you;
(c) where We have already started work on your Order for Services [, We will not charge you anything and you will not have to make any payment to Us.
14.2 Once We have begun to provide the Services to you, We may cancel the Contract for the Services at any time by providing you with at least 30 calendar days’ notice in writing. If you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
14.3 We may cancel the Contract for Services at any time with immediate effect by giving you written notice if:
(a) you do not pay Us when you are supposed to as set out in clause 10.8.This does not affect Our right to charge you interest under clause 10.7; or
(b) you break the Contract in any other material way and you do not correct or fix the situation within 7 days of Us asking you to in writing.
14.4 *Without limiting Our other rights or remedies, We may terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of your obligations under this Contract and (if such breach is remediable) fail to remedy that breach within 7 days after receipt of notice in writing to do so;
(b) you suspend, or threaten to suspend, payment of your debts or are unable to pay your debts as they fall due or admit inability to pay your debts or (being a company or limited liability partnership) are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) have any partner to whom any of the foregoing apply;
(c) you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or make a proposal for or enter into any compromise or arrangement with your creditors other than (where a company) for the sole purpose of a scheme for your solvent amalgamation with one or more other companies, or your solvent reconstruction;
(d) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with your winding up (being a company) other than for the sole purpose of a scheme for your solvent amalgamation with one or more other companies or your solvent reconstruction;
(e) you (being an individual) are the subject of a bankruptcy petition or order;
(f) your creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part
of your assets and such attachment or process is not discharged within 14 days;
(g) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over you (being a company);
(h) the holder of a qualifying charge over your assets (being a company) has become entitled to appoint or has appointed an administrative receiver;
(i) a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets;
(j) any event occurs, or proceeding is taken, with respect to you in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 14.4(b) to clause 14.4(i) (inclusive);
(k) you suspend, threaten to suspend, cease or threaten to cease to carry on, all or substantially the whole of your business;
(l) your financial position deteriorates to such an extent that in Our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy; or
(m) you (being an individual) die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation.
14.5 Without limiting Our other rights or remedies, We may terminate the Contract with immediate effect by giving written notice to you if you fail to pay any amount due under this Contract on the due date for payment.
14.6 *Without limiting Our other rights or remedies, We may suspend the supply of Services or all further deliveries
of Goods under the Contract or any other contract between you and Us if you fail to pay any amount due under this Contract on the due date for payment, or if you become subject to any of the events listed in clause 14.4(b) to clause 14.4(m), or if We reasonably believe that you are about to become subject to any of them.
14.7 On termination of the Contract for any reason:
(a) *you shall immediately pay to Us all of Our outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has yet been submitted, We shall submit an invoice,
which shall be payable by you immediately on receipt;
(b) the accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
(c) clauses which expressly or by implication have effect after termination shall continue in full force and effect.
15. INFORMATION ABOUT US AND HOW TO CONTACT US
15.1 We are a company registered in England and Wales. Our company registration number is 05896405 and Our registered office is at Eaton House, 3 Amelia court, Swanton Close, Retford, Nottinghamshire, DN22 7HJ.Our registered VAT number is 106 5162 44.
15.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 01777 557022 or by e-mailing Us at email@example.com.
15.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract for services which We have started to provide), you can send this to Us by e-mail to firstname.lastname@example.org, or, by hand, or by pre-paid post to Speed Screed Limited, at Eaton House, 3 Amelia Court, Swanton Close, Retford, Nottinghamshire DN22 7HJ. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1 We will use the personal information you provide to Us to:
(a) provide the Goods and/or Services;
(b) process your payment for such Goods and/or Services; and
(c) inform you about similar products or services that We provide, but you may stop receiving these at
any time by contacting Us.
16.2 You agree that We may pass your personal information to credit reference agencies and that they and We may keep a record of any search that they do.
16.3 We will not give your personal data to any other third party.
17. OTHER IMPORTANT TERMS
17.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
17.2 If you are a Consumer, you may transfer the benefit of the guarantee in clause 7 to any purchaser of your property. You may only transfer your other rights or your obligations under these Terms to another person if We agree in writing. If you are a business, you may not transfer the benefit of the guarantee in clause 7 to any other person.
17.3 This Contract is between you and Us. Subject to clause 17.2 above, no other person shall have any rights to enforce any of its terms.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
17.6 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a Consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider We use. You can submit a complaint to the National Conciliation Service via their website at
https://nationalconciliationservice.co.uk/. In addition, please note that disputesmay be submitted for online resolution to the European Commission Online Dispute Resolution platform