T&C

Terms and Conditions 2012

These terms and conditions shall apply to all contracts between Fitzgeralds Interiors (“the company”) and the customer and no variation of these terms and conditions shall be effective unless agreed in writing and signed by a duly authorised representative of the company.

1. Definitions. In these terms and conditions, and in all contracts to which these terms and conditions apply,

(a) ‘the customer’ shall mean yourselves;

(b) ‘the company’ shall mean Fitzgeralds Interiors;

(d) ‘the specification list/agreement’ shall constitute the contract;

(e) ‘the wet fit installation’ shall mean carpentry, electrics, plumbing, flooring, tiling, building, etc; and

(f ) ‘the dry fit installation’ shall not include any building, gas, electrics, plumbing or decoration.

2. Terms of payment – Cash / Debit Card / Credit Card / Cheque / BACS Transfer

Bedrooms, Home Offices & Home Cinema: A deposit of 25% of the total price, less the separate installation cost, of the agreement is payable by the customer at the time of confirming the order. The remaining 75% of the agreement, less the separate installation cost, is payable on delivery of the materials and products. Payment by debit card or credit card (credit cards incur a 2% fee) is acceptable on the day of delivery. Payment by cheque or BACS transfer must be made prior to delivery, such that the funds have cleared by the day of delivery. The separate installation cost, as detailed on the specification/agreement, is payable by cash or cheque direct to the fitter upon completion of the installation. Where there is no installation required, ie ‘supply only’, the final payment of 75% of the total price of the agreement, is payable in full on or before delivery of the materials and/or products.

Kitchens: A deposit of 25% of the total price of the agreement is payable by the customer at the time of confirming the order. A further 65% of the total price of the agreement is payable on delivery of the materials and products. Payment by debit card or credit card (credit cards incur a 2% fee) is acceptable on the day of delivery. Payment by cheque or BACS transfer must be made prior to delivery, such that the funds have cleared by the day of delivery. The final payment of 10% of the total price of the agreement is due upon completion of the installation. Where there is no installation, ie ‘supply only’, the final payment of 75% of the total price of the agreement is payable in full on delivery of the materials and products.

(a) the price quoted on the specification/agreement is valid for 30 days; thereafter it may be subject to an upward only price review at the discretion of the company;

(b) cheques shall be made payable to ‘Fitzgeralds Interiors’;

(d) debit cards payments will not carry an extra charge;

(e) BACS transfer payments will be made to A/C Name: Fitzgeralds Interiors, A/C Number: 00138308, Sort Code: 30-94-28; and

(f) the company does all it reasonably can to ensure the price quoted at the time of the contract is correct. However, if the goods and/or the installation of the goods, have for any reason been under-priced, then either party can elect to re-negotiate the price upon the company notifying the customer of the discrepancy. In the event that a new price cannot be agreed, then either party is entitled to terminate the contract, whereupon any deposit will be repaid in full. In these circumstances, the company will not make any payment to the customer for any loss the customer may suffer as a result.

3. Installation & Completion

(a) the company shall ensure it organises completion of the installation of the goods within a reasonable time. It is an expressed condition, however, that time shall not be of the essence in respect of the completion of the installation of the goods by the contractor(s);

(b) the customer agrees that there will be an available supply of water, gas and electricity on the premises for the purpose of carrying out the installation and such services will be supplied at no cost to the company or contractor(s);

(c) the customer will agree to a date upon which the customer will give free access to the company contractor(s) to carry out the installation of the goods and shall ensure that any such necessary re-routing of electrical and plumbing works or general building works, unless specified by the agreement, are carried out at the customer’s own cost and in good time, so that the company may arrange installation of the goods at the agreed time;

(d) if the customer will not give the company free access on the agreed date, or within fourteen days of such agreed date, then the customer will be notified in writing that the goods have been manufactured and the full balance of the agreement shall fall due for payment within seven days of the notice period. Should the customer then decide to proceed with the installation, the company reserves the right to organise the installation within four weeks of the customer notifying the company in writing of their desire to proceed;

(e) the customer agrees that the goods may be delivered up to seven working days before the commencement of the installation;

(f) the customer shall not be entitled to withhold any payment by reason of any alleged minor defects. The company will investigate any alleged defect after the payment in full of the balance payable on completion;

(g) any defects must be notified in writing to the company at: Riverside Studio, 11 Station Road, Loudwater, High Wycombe, Bucks, HP10 9TX, within fourteen days, to be dealt with as a guarantee claim;

(h) the customer agrees that the company has the right to make any design amendments, where it deems them an improvement or a necessity to the construction integrity, during any stage of the installation;

(i) the company will do all that it reasonably can to meet the date given for delivery and/or installation. However, in the case of unforeseen circumstances, the company may not be able to do so and cannot therefore guarantee delivery or installation dates. If the company cannot deliver or organise installation on time, this is not deemed to be a breach of contract. The company will contact the customer and agree alternative dates. In such circumstances, the company will not make any payment or refund to the customer for loss, whether direct or consequential;

(j) the customer agrees that, if the company’s terms of contract state a ‘dry fit installation’, they accept that there will be no gas, electrics or plumbing work whatsoever, this includes any electrical connections of supplied appliances, sink and waste connections, final plumbing to sink or appliances and gas connections to hobs or ovens. If the company undertakes any such work during installation stated as a ‘dry fit installation’ then the relevant charges will be payable by the customer;

(k) the customer agrees that, if the company’s terms of contract state a ‘dry fit installation’, they accept that any works being carried out by another contractor, ie other than those contractors supplied by the company, the company will not accept responsibility for any errors made by such contractors, all services will need to be correctly sited and if not correctly so, then these will need to be addressed before installation can commence;

(l) the customer agrees that, if the company’s terms of contract state a ‘dry fit installation’ they accept that any works being carried out by another contractor, ie other than those contractors supplied by the company, causes any delay such to adversely affect the company’s ability to complete the work within the contract price, the company will be able to apply any relevant additional charges to compensate;

(m) the customer agrees that, if the company’s terms of contract state a ‘wet fit/full installation’, they accept that there will be building, tiling, decoration, gas, electrics, plumbing, etc works as appropriate, including the connection of any appliance(s) supplied, included in the installation costs agreed. Where the company undertakes any such work while carrying out an installation, all work will be undertaken according to any current regulations; and

(n) the customer agrees that they shall be responsible for the disposal of any protective packaging (plastic, cardboard, tape, bubble-wrap, etc) from the materials/goods/products supplied and/or material waste/off-cuts, sawdust, etc, resulting from the installation, unless otherwise agreed in advance with the company. By prior agreement and arrangement only, and at the expense of the customer, the company shall organise for an authorised waste carrier to remove the waste generated.

4. Products supplied

Only such items included in the contract/specification/agreement will be supplied. Customers should not assume such items as handles, accessories, shelves, wire works, etc will be supplied, unless they are detailed as included in the contract/specification/agreement.

5. Termination

The goods ordered under this agreement are purpose made specifically for the customer’s particular requirements and accordingly any termination by the customer of this agreement may incur cost penalties. The company reserves the right to charge an administration fee of £150.00 against any agreement terminated by the customer. The company also reserves the right to charge for legitimate costs incurred by way of materials and services, ie design services, up to the time of notification by the customer of termination. Such costs may be offset against any deposits paid. Requests to discuss termination of the agreement must be made in the first instance to the company designer.

6. Title to the goods

Unless otherwise agreed in writing, all materials delivered to the customer’s premises in connection with the contract/specification/agreement, shall be at the customer’s risk after delivery. Ownership and legal title of such materials shall not pass to the customer until the full balance of the agreed contract price had been paid.

7. Damage to goods

The company will ensure that all necessary action is taken to avoid damage to the goods when delivering and organising installation of the same and shall ensure that the installation is fitted in accordance with the specification outlined in the drawings. The company shall not be responsible for any damage to the goods, following delivery but prior to installation.

8. Property

It is assumed that the customer’s property is of an adequate construction to accommodate the fitting of the furniture, and that there are no building defects, such as unstable walls or floors, dry rot, wet rot, rising damp, condensation, etc. The company accepts no liability for any problems not disclosed to it in writing prior to the contact/specification/agreement. If at any time the installation is, for a structural or technical difficulty, impractical, the company may terminate the contract. If the company terminates the contract under these conditions, then any deposit paid will be refunded. However, the company will not make to the customer any payment for any loss the customer may suffer as a result.

9. Damage to property

The company will ensure that all necessary action is taken to avoid damage to the customer’s property when delivering the goods. The customer accepts that the delivery of the goods may cause damage to decorations. Any minor claims of damage will be considered an acceptable occurrence and any reinstatement of decorations is not included in the price and is the customer’s responsibility. Major claims must be made in writing and a full investigation will be made by a duly authorised representative of the company.

10. Building regulations

The customer shall be responsible for ensuring that any existing plumbing/electrical/gas services must comply with all the current regulations and that any necessary building and fire regulation consents are obtained. If work is needed to adjust these services, in order to comply with the current regulations, all costs are the responsibility of the customer.

11. Alterations

(a) the customer agrees that the company has the right to make any amendments, where it deems them an improvement or a necessity to the design or construction integrity, at any stage of the contract;

(b) late customer alterations to orders cannot be accepted once any site surveys have been completed, without prior agreement to any extra costs incurred as a result. Any exception of variations to orders post survey may result in additional costs, for which the customer will be liable. Post survey customer variations to orders may result in delays to agreed fitting dates and the company will not accept any claims for such delays;

(c) all telephone communications in connection with this order must be confirmed in writing and acknowledged as received within three days of the telephone call; and

(d) all e-mail communications in connection with this order must be confirmed as received by both parties.

12. Guarantee

Parts and materials supplied are covered by a five year guarantee, unless otherwise stated, excluding wear, tear and damage. Any guarantees will only apply if:-

(a) the customer does not owe the company money under the contract;

(b) the manufacturer or supplier of the goods/products is still trading at the time of complaint;

(c) the customer has properly cared for and used the goods in accordance with any instructions provided by the company or the manufacturer or supplier;

(d) the defect must be confirmed in writing within a reasonable time of the defect appearing and within the guarantee period; and

(e) the customer does not either remove or move the goods without prior written consent.

Extras, such as appliances and fittings, carry their own manufacturer’s warranty and are not subject to the company’s guarantee.

13. Value Added Tax (“VAT”)

VAT will be charged at the prevailing rate.