1. These General Conditions shall, to the exclusion of all other terms and conditions (including those which the Customer purports to apply under any other documentation), apply to any contract between the parties for the provision of Goods and Services by the Supplier, such contract to be created upon the acceptance by the Supplier of an Order from the Customer. Any modifications of or deviations from these General Conditions must be agreed in writing on the Order. Where any of these conditions are inconsistent with the term of any Order, the Order shall prevail.
2. The term “Supplier” shall refer to Cozy Rooms Scotland the term “Customer” shall refer to the customer placing an Order; the term “Services” shall refer to the services to be provided by the Supplier, including, without limitation, the installation and fitting of the Goods; the term “Order” shall refer to the Customer’s order for the Goods and Services based on a quotation provided by the Supplier in accordance with Condition 3; the term “Contract” shall refer to the contract between the Supplier and the Customer after the Supplier accepts an Order.
QUOTATIONS AND DESCRIPTIONS
3. Any quotation for Goods and Services is given on the basis that a binding contract shall only come into existence in accordance with Condition 1. Any quotation for Goods and Services shall be valid for a period of 30 calendar days from its date of issue, unless the Supplier notifies the Customer in writing that the quotation has been withdrawn during this period.
4. Any samples, drawings, descriptions or advertising issued by the Supplier, and any descriptions or illustrations contained in its catalogues or brochures, are issued or published solely to provide the Customer with an approximate idea of the Goods and Services they describe. They do not form part of the Contract between the parties or any other contract between the parties for the supply of Goods and Services.
QUALITY OF GOODS AND SERVICES
5. The Supplier warrants that at the date of installation (the “Warranty Period”), the Goods shall:
(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Consumer Rights Act 2015;
(d) be fit for any purpose held out by the Supplier.
6. Subject to Condition 7, if:
(a) the Customer gives notice in writing during the Warranty Period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in Condition 5; and
(b) the Supplier is given a reasonable opportunity of examining such Goods.
7. The Supplier is responsible for the quality of the Goods’ failure to comply with the warranty in Condition 5 if a defect arises due to willful damage, failure to follow instructions (in respect of care of the Goods or otherwise), misuse, alteration or unauthorized repair, improper maintenance or negligence on the part of the Customer or a third party or if the Customer has failed to pay for the Goods in accordance with Conditions 18 to 21.
8. Except as provided above, the Supplier shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in Condition 5.
9. At the end of the Warranty Period, any recourse to the Customer for defects arising in respect of the Goods shall be against the company Cozy Rooms Scotland and subject to the terms of the manufacturer’s guarantee (as appended to these General Conditions).
10. These General Conditions shall apply to any repaired or replacement Goods supplied by the Supplier under Condition 6 save that the Warranty Period shall be limited to the time remaining under the same had the Goods not been repaired or replaced.
11. The Supplier reserves the right to alter the Goods or use substitute goods of an equal or better quality if required by any applicable statutory or regulatory requirements.
12. The Supplier warrants that it will provide the Services using reasonable care and skill.
13. The Customer shall:
(a) ensure that the terms of the Order are complete and accurate;
(b) co-operate with the Supplier in all matters relating to the Services which will be discussed reasonably and will be mutually convenient;
(c) provide the Supplier, its employees and subcontractors, with access to the Customer’s premises and facilities as reasonably required by the Supplier to provide the Services;
(d) provide the Supplier with such information and materials as the Supplier may reasonably require to supply the Services, and ensure that such information is accurate in all material respects;
(e) provide the Supplier with true and accurate replies in response to any questions about the condition of the Customer’s premises prior to commencement of the Services;
(f) prepare the Customer’s premises for the supply of the Services;
(g) take all reasonable steps to ensure that the Supplier does not sustain any damage or loss to any materials, equipment or other property of the Supplier which is stored on the Customer’s premises; and
(h) obtain building control approval (and any other local authority consents that are required in connection with the Services) prior to commencement of the Services by the Supplier (please note that failure to comply with this obligation is entirely at the Customer’s own risk and the Supplier accepts no liability for anything that arises as a result of the Supplier acting on the Customer’s instructions to proceed with the Services notwithstanding that building control approval (or other local authority consent) has not been obtained).
14. The Supplier shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays the Supplier’s performance of any of its obligations; and
(a) the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default, and the customer will also be reimbursed as a result of the companies delays.
TIME FOR PROVISION OF GOODS AND SERVICES
15. The Services shall be provided on the date set out in the Order or such other time as may be agreed between the parties.
16. If either party anticipates that the agreed date for provision of the Services is no longer suitable/possible, it shall forthwith notify the other party in writing, stating the reason, and, if possible, an alternative date.
AMENDMENT OR CANCELLATION OF ORDER
17. The Customer may, amend or cancel – service 14 days after placing order, goods – 14 days after receiving the goods see Consumer Contracts (Information Cancellation and Additional Charges) Regulations 2013.
18. The Contract price shall be paid as per the agreed payment terms stated in the Order. The price shall be exclusive of any applicable VAT or other taxes. Payments shall be made immediately on receipt of an invoice from the Supplier.
19. A deposit shall be payable immediately upon entering the Contract. The remainder of the Contract price (the “Completion Sum”) shall be payable on the date upon which the Supplier finishes providing the Services.
20. If payment is made other than in cash in respect of either the Deposit or the Completion Sum, payment shall not be deemed to have been effected before the Supplier’s account has been fully credited.
21. If the Customer does not make any of the payments due to the Supplier on the due date for payment (as set out in Condition 19), the Supplier shall be entitled to charge the Customer interest on the overdue amount at the rate of 0.5%. 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. The Customer shall pay the interest to the Supplier together with the overdue amount.
22. In the event that the Supplier is called to the Customer’s premises otherwise than to repair or replace the Goods in accordance with Condition 6 (subject to Condition 7) or to repair damage to the Customer’s premises caused as a result of the Supplier’s negligence in performance of the Services (subject to Condition 25), the Supplier shall be entitled to charge the Customer using its standard hourly rates for the call out and any work undertaken. All prices will be discussed in detail with the customer before any extra work is undertaking.
TITLE AND RISK
23. Notwithstanding the performance of the Services, neither legal title nor beneficial ownership of any of the Goods shall pass to the Customer until the Supplier has been paid in full for the Order. Until such times as title passes to the Customer, the Supplier shall be permitted onto the Customer’s premises to repossess the Goods once a court order has been approved.
LIMITATION OF LIABILITY
24. Subject to Condition 26, the entire liability of the Supplier under or in connection with any defects shall be fully covered by neglected work or goods.