In this document the following words shall have the following meaning:
1.1 ‘Agreement’ means a legally binding contract between the parties arising pursuant to acceptance of an offer made in relation to a quotation.
1.2 ‘Customer’ means the organisation or person who enters into an agreement to purchase materials and /or the provision of labour and other services from Chiltern Bathrooms.
1.3 ‘Fixed price work’ means work undertaken by Chiltern Bathrooms for the Customer in consideration of payment of a price provided for a proposed cost estimate.
1.4 ‘Hourly rate work’ means work undertaken by Chiltern Bathrooms for the customer in consideration of payment of a price calculated in a basis linked to the amount of time spent by the Operative in carrying out the work (charged in accordance with Chiltern Bathrooms standard practices and current hourly rates, combined with the charge for materials supplied by Chiltern Bathrooms).
1.5 ‘Chiltern Bathrooms’ means Chiltern Bathrooms based at Units 1 & 2 Higham Mead, Chesham, Buckinghamshire, HP5 2AH.
1.6 ‘Operative’ means the representative member of its staff or sub contractor appointed by Chiltern Bathrooms to undertake the work.
1.7 ‘Quotation’ means a written or verbal statement which forms the basis upon which the proposed work is to be undertaken.
2.1 The terms and conditions shall apply to and be automatically incorporated into all agreements for the provision of labour, materials and other services from Chiltern Bathrooms to the ‘customer’.
2.2 Before the supply of labour/materials or other services, Chiltern Bathrooms shall submit a quotation to the customer in relation to fixed price work or in relation to hourly rate work. The customer shall notify Chiltern Bathrooms immediately if the customer does not agree with any of the contents or costs within the quotation. Subsequently, the quotation shall be incorporated into any agreement between the parties.
2.3 Chiltern Bathrooms shall use all reasonable endeavours to supply the materials and/or perform the labour and other services within such time frames as may be estimated or within a reasonable timescale if none is specified. But time will not be of the essence in any supply of materials and/or the performance of labour and other services by Chiltern Bathrooms under any agreement with the customer.
2.4 Contractor responsibilities
a) Carry out the work set out in the work schedule carefully and competently;
b) Use materials which are of satisfactory quality and suitable for their intended purpose. The materials will be new unless otherwise stated in writing.
c) Start and finish the works within the working period or any extension made to it;
d) Be at the premises regularly to carry out the works during the agreed working hours;
e) Securely store away tools and equipment and ladders if applicable at the end of each working day;
f) Regularly remove and dispose of any rubbish from the works;
g) To leave the working areas in a clean and tidy condition on a daily basis;
h) Keep to all his/her legal duties and responsibilities.
2.5 Client responsibilities
a) Give the contractor access to the premises during the agreed working hours throughout the working period, unless agreed otherwise;
b) Keep the working areas sufficiently clear of obstruction to allow the contractor to carry out the work;
c) First initial stage payment to be made in advance and thereafter stage payments to follow as the agreed schedule;
e) Allow the Contractor to carry out the work in the order which he considers necessary to finish the work on time. The client will adhere to the agreed plan, enabling the installation team to complete what has been agreed.
3. HEALTH AND SAFETY
a) Prevent or minimise health & safety risks to the client and all other people living in or visiting the premises;
b) Minimise environmental disturbance, nuisance or pollution from the works; and
c) Make sure that any temporary works and protection for the work is adequate and safe and weatherproof.
4.1 Any Quotation provided by Chiltern Bathrooms constitutes an invitation to the Customer to make an offer to Chiltern Bathrooms to enter into an Agreement with the Customer on the terms set out in such Quotation. The Quotation however is subject to alteration or withdrawal at any time by Chiltern Bathrooms without notice to the customer.
4.2 Quotations shall automatically expire 1 calendar month after the issue date of the quotation unless a written agreement is in place.
4.3 Chiltern Bathrooms shall be entitled to add to the price stated in the quotation in respect of any reasonable increased cost, or subsequently arising cost, of materials and/or labour and other services, statutory charge, import levy, tariff or tax which is chargeable in respect of materials and/or labour and other services on the day of supply which was not envisaged as at the date of the quotation.
4.4 Any quotation containing reference to a provisional sum, in respect of any materials to be supplied and/or labour and other services to be provided, is subject to unilateral variation by Chiltern Bathrooms if the materials and/or labour and other services actually supplied differ from the sum allowed for as set out in the Quotation.
4.5 Chiltern Bathrooms reserves the right to additionally charge for the collection of materials where this is outside the Operative’s standard working practice as set out by Chiltern Bathrooms. This additional charge will be in accord with Chiltern Bathrooms hourly work rates where time will be kept to a minimum and at a reasonable level.
5. PRICE AND PAYMENT
5.1 The price for the supply of materials and/or provision of labour and other services shall be as set out in the quotation unless occurrences as above in section 3.
5.2 Chiltern Bathrooms shall invoice the Customer in accordance with any invoicing schedule as detailed in the quotation.
5.3 Invoiced amounts shall be due and payable upon the date of receipt of the invoice by the customer.
5.4 VAT will be applied at the appropriate rate to the materials supplied and/or labour and other services provided by Chiltern Bathrooms.
5.5 Payment schedules for installation work (unless agreed otherwise) are currently 30% at the time of booking in, 30% upon commencement of work and 40% upon completion.
5.6 Payment schedule for supply (unless agreed otherwise) is currently full payment upon confirmation.
6. MATERIALS SPECIFICATION
6.1 All materials shall be required to conform to any such specifications detailed on the Quotation.
6.2 No description, specification or illustration contained in any product literature, or any representation, written or oral statement and correspondence shall form part of the Agreement. Exception may be with a written agreement from both parties.
7.1 Any proposed date for delivery of materials and/or performance of the labour and other services as specified by Chiltern Bathrooms is only an estimate.
7.2 Chiltern Bathrooms shall not be liable for any loss, costs, damages, charges or expenses caused by any delay, directly or indirectly, in the delivery of materials and/or the performance of labour and other services provided.
7.3 All risk in the materials shall pass directly to the Customer upon delivery.
Title in any materials shall not pass to the Customer until payment has been received in full by Chiltern Bathrooms for those materials.
9.1 In order for Chiltern Bathrooms and their Operatives to meet their obligations under the Agreement between parties, the Customer is required to:
– 9.1.1 Fully cooperate with Chiltern Bathrooms and their Operatives in the performance of the agreement. This would include, without limitation, not cancelling and being available to meet with Chiltern Bathrooms and/or their operatives upon the scheduled date and appointment time for the work.
– 9.1.2 Provide swiftly any and all information reasonably requested or required to be known by Chiltern Bathrooms in relation to the work being undertaken.
– 9.1.3 Obtain all necessary permissions and consents which may be required before the supply of materials and/or labour and other services commence.
– 9.1.4 Ensure that full and unrestricted access to the site at which materials and/or labour and other services are to be provided.
– 9.1.5 Ensure that electricity, gas, water and toilet facilities where required are available at the site during the period of the Agreement.
– 9.1.6 Ensure that no personal possessions or items belonging to the customer remain in the site vicinity where damage or loss may occur.
– 9.1.7 Comply with any other such requirements as set out in the quotation or Agreement.
9.2 The Customer shall be liable to compensate Chiltern Bathrooms for any loss or expenses incurred as a result of the Customer’s failure to comply with section 9.1.
9.3 In the event that the customer or any third party, not being an approved Sub-Contractor of Chiltern Bathrooms, shall omit or commit anything which prevents or delays Chiltern Bathrooms from undertaking or complying with any of its obligations under the agreement, the Chiltern Bathrooms will notify the customer as soon as possible.
-9.3.1 Chiltern Bathrooms shall have no liability in respect of any delay to completion of any work, if additional works are added by the customer.
-9.3.2 Chiltern Bathrooms will notify the customer in writing of the intention to claim an additional price for such work as is reasonably occasioned by the situation.
10.1 If the Customer unilaterally cancels an Agreement without prior consent from Chiltern Bathrooms, the Customer shall indemnify, unless agreed in writing, Chiltern Bathrooms against all loss, damage, claims or actions arising out of such cancellation and would include, without limitation, such loss of profit as would have been earned save for such cancellation. Cancellation is without prejudice to Chiltern Bathrooms’ right to the cancellation charges pursuant to sections 9.2, and/or to payment in accord with section 4.
10.2 If the customer wishes to cancel an appointment for a visit by an operative of Chiltern Bathrooms in relation to hourly paid work then the customer will incur a cancellation fee equivalent to Chiltern Bathrooms’ standard call-out charge.
10.3 If the Customer wishes to cancel any fixed price work then the customer will be liable for the following charges: Contribution to the administrative costs, demobilisation and other costs incurred wasted expenditure incurred in respect of materials and/or labour and other services.
11. ALTERATIONS TO THE AGREEMENT
11.1 Chiltern Bathrooms, acting via their Operative in appropriate circumstances, may at any time unilaterally refuse or decline work in reasonable circumstances or specify reasonably necessary alterations to an Agreement caused by external circumstances arising prior to completion of an Agreement.
11.2 The Customer may at any time request alterations to an agreement by notice in writing to Chiltern Bathrooms.
11.3 The parties concerned may at any time mutually agree upon alterations to an agreement.
11.4 It is intended that any alterations to an agreement shall be documented and set out in a revised quotation. This will be prepared by Chiltern Bathrooms and shall reflect any change in materials and/or labour and other services along with any consequentially amended price and new or varied terms. The intention shall be without prejudice to Chiltern Bathrooms’ right to charge for work upon a reasonable basis.
11.5 Should any unexpected additional work required, then it is understood that no such work will be carried out without the customer’s permission until a written agreement is given.
12. WARRANTY AND GUARANTEE
12.1 Chiltern Bathrooms warrants that the services performed under Agreement shall be performed with reasonable skill and care in accordance with generally accepted industry standards and practices.
12.2 If, after the completion of works, the Customer is not wholly satisfied then the customer shall give notice in writing within 12 months to Chiltern Bathrooms. The customer shall allow Chiltern Bathrooms and/or its insurers the opportunity of both inspecting such works and carrying out any remedial works deemed necessary. The customer accepts that failure to notify Chiltern Bathrooms within the time period will result in no liability in respect of defects in the work carried out resting upon Chiltern Bathrooms.
12.3 Chiltern Bathrooms’ guarantee shall be for labour only in respect of faulty workmanship for a period of 12 months from the date of completion. Reasonable assistance will be provided with claims under any manufacturer’s warranty currently in force.
12.4 Chiltern Bathrooms’ guarantee will be null and void if work undertaken is found to be:
– 12.4.1 Subject to misuse or negligence.
– 12.4.2 Repaired, modified or tampered with by anyone other than Chiltern Bathrooms or their Operatives.
12.5 Chiltern Bathrooms accepts no liability arising from, or guarantees the suitability of, materials supplied by the customer.
12.6 Chiltern Bathrooms will not guarantee any work in respect of blockages in waste and drainage systems and shall not be liable for any fracture found in pipes and drains attended upon whether caused by frozen water or otherwise.
12.7 Chiltern Bathrooms will not guarantee any work undertaken on instruction from the Customer and against the verbal or written advice of Chiltern Bathrooms or their operatives.
12.8 Work is guaranteed only in respect of that which is undertaken directly by Chiltern Bathrooms and after payment in full has been received from the customer.
12.9 Chiltern Bathrooms shall not be held liable or responsible for any damage or defect resulting from work which is not guaranteed or where recommended work has not been carried out. Work will not carry a guarantee where the Customer has been notified by Chiltern Bathrooms or their operative verbally or in writing of any other related work requiring attention.
12.10 The customer shall be solely liable for any hazardous situation in respect of Gas Safe regulations or where a gas warning notice has been issued.
12.11 Where Chiltern Bathrooms agrees to carry out work on building fabric or installations of inferior quality, or those over 10 years old at the date of the work no warranty will be given and no liability accepted in respect of the effectiveness or otherwise of such work.
12.12 Operatives operate under their individual Gas Safe Registration and as such are solely responsible for any gas related work and subsequent liability.
The Customer shall indemnify Chiltern Bathrooms against all claims, costs and expenses which Chiltern Bathrooms may incur and which arise, directly or indirectly, from the Customer’s breach of any of its obligations under the Agreement or which relate to any third party claims involving the Customer.
14. LIMITATION OF LIABILITY
14.1 Except as is referred to in paragraph 14.3 the maximum liability of Chiltern Bathrooms to the customer in respect of any claim whatsoever, whether for breach of the agreement or otherwise, and whether or not arising out of negligence, shall be limited to the price payable by the customer under the agreement between the parties.
14.2 Chiltern Bathrooms will not be liable to the customer for any loss of business, loss of opportunity, loss of profits or for any other direct or consequential loss or damage whatsoever. This limitation shall apply even where such a loss was reasonably foreseeable or Chiltern Bathrooms had been made aware of the possibility of the Customer incurring such a loss.
14.3 Nothing in these terms and conditions shall exclude or limit Chiltern Bathrooms’ liability for death or personal injury resulting from Chiltern Bathrooms’ negligence or that of its operatives, subcontractors, agents or employees.
14.4 The contractor will maintain ‘all risks’ insurance to cover himself and the Employer for the full cost of damage to the works and to unfixed materials which are on the premises before being used in the works for any claims arising. The contractor will have an up-to-date public liability policy for death and personal injury to people and damage to property. Copies of these insurance policies are available upon request.
Either party may terminate the Agreement forthwith by written notice to the other party if:
15.1 The other party commits a material breach of the agreement and, in the case of a breach capable of being remedied, fails to remedy the breach within one calendar of being given written notice from the other party to do so.
15.2 The other party commits a material breach of the agreement which cannot be remedied.
16. CIRCUMSTANCES OUTSIDE THE PARTIES’ CONTROL (FORCE MAJEURE)
Neither party shall be liable to the other for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to: Acts of God, strikes, lock outs, accidents, war, fire, flood, pandemic, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of materials, equipment or services.
The relevant party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
17. INDEPENDENT CONTRACTORS
Chiltern Bathrooms and the Customer are independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise agreed to in writing by both parties.
The Customer shall not be entitled to assign their rights or obligations, or delegate their duties under the Agreement without prior written consent from Chiltern Bathrooms.
The failure by either party to enforce at any time or for any period any one or more of the provisions of any Agreement between them shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of their Agreement.
Any notification as shall be given by either party to the other may be given by:
Telephone conversation or recorded voicemail
Personal service of a physical notice
Post of a physical notice
In each case, notice shall be given to the appropriate contact details of the other party as stated in the quotation, or such other appropriate contact details as such party may from time to time have communicated to the other in writing. This will be in subject, in each case, to any notification given outside of Chiltern Bathroom’s normal office hours of between 9am and 5pm on normal banking working days in England – being deemed given no earlier than at the commencement of Chiltern Bathrooms’ next occurring normal office hours
20.1 If sent via email, be treated as received at the time and upon the day it was given or deemed given unless the sender receives a contrary notification.
20.2 If via personal, telephone conversation or recorded voicemail, be treated as received at the time and upon the day it was given or deemed given.
20.3 If given by personal service of a physical notice, be treated as received at the time and upon the day at which the physical notice was actually given by delivery or deemed given.
20.4 If sent by post, be treated as received at such time as the post will have been delivered in the ordinary course of post based upon the time it was given or deemed given.
Chiltern Bathrooms endeavour to provide all our customers with a high standard of service. If a customer is unhappy for any reason, the customer is to contact Chiltern Bathrooms at the earliest opportunity so we can address your concerns and apply the correct remedy. If this does not address your concerns, please write to us formally. We will acknowledge your complaint within 3 working days of receipt and notify you of our response within 15 working days. Our Complaints Policy is available upon request.
22. ENTIRE AGREEMENT
The Agreement shall contain the entire agreement between the parties relating to its subject matter and shall supersede any previous discussions, negotiations, agreements, arrangements, undertakings or proposals, written or oral.
23. NO THIRD PARTIES
The agreement shall not create any rights which are enforceable by anyone other than the parties to the agreement.
24. GOVERNING LAW AND JURISDICTION
The agreement shall be governed by and construed in accordance with the law of England and the parties submit to the non-exclusive jurisdiction of the English Courts.