CONSUMER TERMS AND CONDITIONS
1. OUR RESPONSIBILITIES
We will supply the tailor made products for your installation in accordance with your Proposal. A technical survey will be carried out to ensure that your installation may proceed in accordance with normal building practice. An Order Acknowledgement will be prepared and provided to you.
If, after technical survey, any variation is necessary, because of alterations in design or otherwise, to complete the work and this causes an increase in costs, details of the extra costs will be given in the Order Acknowledgement, and will then require your written acceptance
We will make every effort to process and complete your order within any estimate given to you in writing, but there may be circumstances beyond our control (by way of example such as weather or non-availability of materials or labour) that will make this impossible. In this case we will process and complete your order as soon as reasonably possible, but (except as to payment terms) time is not of the essence of this contract and you will not be able to claim damages or cancel this contract as a result of delay unless it exceeds nine months or such other period as is reasonable in the circumstances.
In addition to your statutory rights we will provide you with a Guarantee Certificate once the order has been completed and all payments have been made in full.
It is our responsibility to supply you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligation please contact us.
2 YOUR RESPONSIBILITIES
You will permit, during normal working hours, the technical survey to be undertaken, and then the installation to be undertaken, according to the programme given to you so that the installation may be completed.
You will obtain all permissions and consents (including if necessary, planning permission) from landlords, lenders, water and sewerage companies, local authorities or others which may be required for the commencement and lawful completion of the installation. If we have given you the name of a planning specialist, your agreement is direct with him or her, and we can accept no responsibility for the adequacy of advice given by the specialist.
You will provide, at no cost to us, an electricity, water supply and toilet welfare facilities.
You will permit us to take photographs or video recordings during and after construction and permit us to use these for marketing purposes and the copyright of any such material is owned by Room Outside UK Ltd.
Risk in the goods we supply belongs to you from the time that they are delivered to you and you will be responsible for insuring them from that time.
You will provide us with adequate secure and dry storage space for our materials, free of charge.
You will make payment of the sums that are due in accordance with the Payment Terms set out in your Proposal
If the Property is owned jointly with others, it is your responsibility to ensure that all the owners will be bound by the terms herein. Furthermore you confirm that you are authorised to sign the Order Form and Order Acknowledgement on behalf of all the owners.
3. THINGS YOU SHOULD KNOW
We do not undertake structural or other types of building surveys, and therefore, if the work cannot be completed, or any damage is caused through structural or other defects in your property, we cannot be responsible for this.
We only design, supply and install the materials for your installation. All base building work is carried out by independent contractors, with whom you will have a separate agreement. Whilst we are happy to recommend the use of the builders with whom we normally work, and will offer you all due assistance in your dealings with them, you should understand that the builders are independent of us and consequently we are not responsible for any defective building work or other difficulties that arise in your relationship with them. Any such matters must ultimately be taken up with them.
We do not undertake that any doors, windows or existing structures which we remove will be fit for re-use or any other purpose.
If you provide us with incorrect measurements or any other incorrect information, and we rely on this, we reserve the right to increase our price to cover the proper and reasonable cost of making good any errors or doing any additional work required as a result.
With certain products, special types of maintenance may be required. We will provide you with the necessary instructions for this with the Guarantee Certificate (see paragraph 1(d) above). We can take no responsibility for damage caused by failure to maintain your installation in accordance with these instructions.
All work carried out by us will be on these conditions and on the basis of the Order Acknowledgement to the exclusion of all other terms and conditions unless specifically agreed in writing by a Director of the Company.
4. YOUR RIGHT TO CANCEL
Under certain circumstances if our contract with you was made during an unsolicited visit away from our premises, you have a period of seven days in which you may cancel the contract. If you do wish to cancel in this way we will return your deposit to you in full. If you have given permission to start work within the cancellation period you will lose your right to cancel once the contract has been performed. If you cancel within the cancellation period we will charge you for the work that has been carried out.
Our standard cancellation form is provided in our proposal (although you are not under any obligation to use it). Notice to cancel the contract must be submitted to our address overleaf.
5. OUR RIGHT TO CANCEL
If, after a technical survey has been carried out, it is apparent that the work as shown in our proposal cannot be carried out for safety or other technical reasons, or if we recommend design changes for safety or other technical reasons at an increased price which you are not prepared to pay, we reserve the right to cancel. In these cases we would return your deposit after deducting our reasonable expenses, if any.
6. GENERAL LEGAL TERMS
If any provision of our contract with you is found to be illegal, invalid, void, voidable, unenforceable or unreasonable our contract with you shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions shall continue in full force and effect.
Any failure or delay by us in enforcing, or the waiver of, any provision of our contract shall not be construed against us or as a waiver of any rights in relation to that or any other provision of our contract with you.
We do not intend that any term of our contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
Our agreement shall be governed by English law and we submit to the exclusive jurisdiction of the English courts.
We, the company, with whom you have signed your contract is set out on your proposal and order form depending on your product and location.