Terms and Conditions for Supply of Goods and Services of Dean Taylor Property
Definitions: The Company, We, Us – means Dean Taylor Property, of 42 Main Street, Staveley, Kendal LA3 9LN. Tel: 01539 821384 and also covers all employees or contractors working on behalf of the Company. The Customer, you, – means the person who agrees to the work being undertaken by the Company and the person who undertakes to pay the bill. Services – means the works the Company agrees to undertake for the customer. Products – means materials, plumbing, building or other home equipment, appliances and goods which the customer agrees to buy from the company. Materials – means items we will need to undertake the work required. Price – means the price of the goods and any carriage, packing and insurance costs. Quote – means Quote, Estimate or Proposal – the price of the job which may be a Fixed Quote, an Estimate or Guide Price depending on the nature of the job.
1.1 The Quote given with or attached to these Terms and Conditions (“the Proposal”) will only remain valid for a period of 60 days.
1.2 These conditions shall form the basis of the contract between the Customer and the Company in relation to the sale of goods and supply of Services, to the exclusion of all other terms and conditions which the Customer may purport to apply under any purchase order or confirmation of order or any other document.
1.3 All orders for Products or Services shall be deemed to be an offer by the Customer to purchase Products or Services from the Company pursuant to these conditions.
1.4 The offer of Products and Services by the Company does not constitute acceptance of the Customers order. The Company reserves the right to refuse to supply Products or Services at their discretion.
1.5 Acceptance of delivery of products and acceptance of Services carried out shall be deemed to be conclusive evidence of the Customer’s acceptance of these conditions.
1.6 These Conditions represent the whole of the agreement between the Company and the Customer. These supersede any other conditions previously issued.
2. Obligations of the Customer
2.1 The Customer shall obtain all permissions and consents (including, planning permission if necessary) from landlords, local authorities, land management companies etc before work commences. The Company cannot be held responsible for work undertaken at a property without permission.
3.1 The price shall be determined by the Quote (valid for 60 days) supplied to the Customer by the Company. The Company will charge separately for additional Products, Materials or Services supplied to the Customer, which are not detailed in the original price. Any deviation from or extras to the estimate may, at our discretion, invalidate the estimate. We will then base our invoice on day work plus materials.
4. Payment, charges and Interest
4.1 A payment may be due upon delivery of the goods to the work address. Details will be outlined in the Quote. This payment is non-refundable once goods have been installed or utilised.
4.2 Payment of the Quote shall be due within 3 days of the completion of the work.
4.3 The Company reserves the right to charge interest on overdue invoices which shall accrue from the date when the payment becomes due calculated on a daily basis until the date of payment at the rate of 8% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.
4.4 The Company reserves the right to charge an administration fee on overdue invoices to cover administration of the debt. The administration fee will be from a minimum of £30.00 and up to the full amount of any costs incurred in the collection of the debt in addition to interest to date of payment.
4.5 The Customer shall pay all accounts in full and not exercise any rights of set-off or counter claim against invoices submitted by the Company.
4.6 The Customer will be liable for all collection costs including county court fees, and collection agency fees.
4.7 Payment by cheque shall incur a fee equivalent to 3% of the amount payable, to be added to the amount, to cover our additional costs incurred. Payment online is our preferred method.
5.1 The quantity and description of the Products shall be as set out in the Company’s Quote.
5.2 The Company reserves the right to substitute any product for one of equal or better quality at any time. The Company will make every effort to inform the Customer of any substitution of Products before the day of installation/delivery. The Company takes no responsibility for their inability to inform a Customer of a change/substitution where the Customer is unavailable at the address provided by them or by phone on the telephone number provided by them during normal office hours of 9.00am to 5.30pm, Monday to Friday.
6.1 The Company reserves the right to use its professional judgement in the undertaking of any services offered to the Customer where the Customers wishes directly or indirectly to contravene current Health and Safety regulations, British Standards and codes of practice or where the Customers wishes contravene a Manufacturers instructions.
6.2 By allowing the Company to work for them, the Customer accepts the professional judgement of the Company where repairs, parts, products, services and materials are concerned. Where judgement is debated the Company will only accept the direction of a universally recognised authority such as HSE but not another trader/company.
6.3 The customer accepts that time involved in travel to obtain parts /materials to complete work/repair is a chargeable at the basic hourly rate as outlined in the Company’s current price list
7.1 The Company warrants that the Products and Materials will at the time of delivery correspond to the description given to the Customer by the Company in the Quote. All other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Products and Materials as supplied by the original manufacturer are excluded.
7.2 The Company warrants that the Services provided by them will be effective for a term of no less than three months and up to two years (depending on the work carried out) as detailed in the Company’s Quote to the Customer, unless otherwise specified.
7.6 Any other Service such as installation of bathroom, shower, washing machine etc (excluding Products which are covered by Manufacturers individual warranties) – warranty for 12 months against faulty installation.
7.7 All warranties/guarantees offered by this Company are null and void until payment is received in full and title has passed to the customer.
8.Title and Risk
8.1 Risk shall pass on delivery of the Products and Materials to the Customer’s address.
8.2 Notwithstanding the earlier passing of risk, title in the Products and Materials shall remain with the Company and shall not pass to the Customer until the amount due under the invoice for them (including interest, carriage and costs) has been paid in full.
8.3 The Company may at any time before title passes and without any liability to the Customer repossess and dismantle and use or sell all or any of the Products and Materials and by doing so terminate the Customer’s right to use, sell or otherwise deal in them and for that purpose (or determining what if any Products and Materials are held by the Customer and inspecting them) enter any premises of or occupied by the Customer.
8.4 The Company may maintain an action for the price of any Products and Materials notwithstanding that title in them has not passed to the Customer.
9.1 The Customer must make the Company aware of any faults or discrepancies with any Services, Products or Materials supplied within 30 days of the Company’s invoice date.
9.2 The Company will attend the Customer with regard to any faults or discrepancies within 30 days from the date of the complaint being made.
In event of a complaint the Customer must allow the Company a reasonable time in which to return to the Customer in order to rectify the problem. The term ‘reasonable time’ will be deemed as being within 24 hours for problems which may be deemed to cause a significant risk to Health and Safety, up to 7 days for problems relating to the fundamental operation of a Product or Materials and up to 30 days for cosmetic defects – though we aim to return within 3 days.
9.3 The Customer will not employ any other tradesman/company for the purpose of rectifying any fault associated with the Services, Products or Materials as supplied by the Company without the express permission of a director of the Company.
9.4 No claim, invoice or demand for payment relating to work by another tradesman/company for remedial work as detailed above will be entertained by the Company unless the Company failed to attend the Customer in the ‘reasonable time’ allowed as listed above or unless authorised in writing before the work was commenced by a director of the Company.
9.5 Cancelling a cheque/payment. If you cancel a cheque/payment after it has been cashed/banked you are breaking an agreement to pay & the Company then has a valid legal claim against you. You must inform the Company of any fault or discrepancy as per 9.1 allowing 14 working days (to allow for post, holidays etc) for someone to contact you before taking any further action. If you cancel a payment within 14 days without company authorisation, you will be charged a minimum £15 return funds fee.
Please speak to us first before you take any action. Most problems can be easily resolved. Please allow us a reasonable amount of time to answer your query.
Terms & Conditions for Using our Website
The term Dean Taylor Property Services or “us” or “we” refers to the owner of the website whose registered office is 18 Church Avenue, Leeds LS18 5LD. The term “you” refers to the user or viewer of our website.
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