© CREDITFOCUS 2019
BRISTOL AND BATH CAT FLAP FITTING
KEW GLASS AND GLAZING- GLAZIER
WE ARE PROUD MEMBERS OF
CHECKATRADE, MY BUILDER,AND FSB
Terms & Conditions and Data Policy
TERMS AND CONDITIONS
Application and entire agreement.
1.These Terrms & Conditions apply to the provision of the Services detailed in our quotation (Services) by Kieran Walsh (Sole trader) trading as Kew Glass & Glazing of 88 The Sidings Mangotfield South Gloucestershire BS16 9QW (We or Us) to the person buying the Service (You)
2.You are deemed to have accepted these Terms & Conditions when you accept our quotation or from the date of any performance of any Services (whichever happens earlier) and these Terms & Conditions and our quotation (the Contract) are the entire agreement between us.
3.You acknowleage that you have not relied on any statement, promise or representation made or given by or on our behalf. These Terms & Conitions apply to the Contract to the exclusion of any other term that you try to impose or incorportate, or which are impliedby trade, custom, practice or course of dealing.
4.A “Business Day” “Working Day” means any day other than a Saturday, Sunday or Bank Holidays, Easter,or Christmas or New Year in England and Wales.
5.The headings in the Terms and Conditions are for convenience only and don’t affect their interpretations.
6.Words imparring the singular number shall include the plural and vice-versa.
7.We warrant that we will use reasonable care and skill in our performance of the Services Which will comply with the quotation, including anyspecification in all material respects.Wecan make changes to the Services whichare necessaryto complywith anyapplicable law or safety requirement,and we will notify you if this is necessary.
8.We will use our resonable endeavours to complete the performance of the Servies within the time agreed orset out in the quotatio; however,time shall not be the essence in th performance of our obligations.
9.All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specitly otherwis
10.You must obtain any permissions, consents, liecnces or otherwise that we need and mustgive us with access to any and all relenvant. Information, materials, properties and any other matters which we need to provide the Services.
11.If you do not comply with Clause 10, we can terminate the Services.
12.We are not liable for any delays or failure to provide te Services if this is caused by your failure to comply with the provisiond of this section (Your Obligations).
Fees & Deposits
13.The Fees (Fees) for the Services are set out in the quotation and are on time and materials basis.
14.In addition to the Fess, we can recover from you:
a)Reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses,
b)The cost of Srevices provided by third parties and required by us for the performance of the Serivces, and
c)The cost of any materials for the provisonof the Services.
15. You must pay for any additional sreivces provided by us that are not specified in the quotation in accordance with our then current, applicable hourly ratein effect at the time of performace or such otherrateas may be agreed between us.The provisons of clause 14 also apply to these additationl srevices.
16. The Fees are exclusive of any VAT and other taxes or levies which are imposed or chared by any competent authority.
17. You must pay a deposit (“Deposit”) of 50% of the total cost of the Services as detailed in the quotation. All Deposits are to be paid at the time of our 1st visit (unless we have stated otherwise) and the outstanding Fees (balance) are the be paid on completion of the Services provided.
18. If you do not pay the Deposit to us according to the clause 17 above, we can either withhold pervision of the services untill the deposit as been received or can terminate under the clause below (Termination).
19. The Deposit is non-refundable once materials have orderd for the provision the Services or unless we fail to provide the Services and are at fault for such failure (where the failure is not out fault, no refund will be given) (also see clause 25 circumstances beyond a party’s control).
Cancellations and Amendments
20. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not starated,within a period of 30 days from the date of the quotation,(unless the quotationhas been withdrawn).
21. Either we or you cancel an order for any reason to your acceptance (or rejection) of the quotation.
22. If you want to amend any details of the services you must tell us as soon as possible. We will use reasonable endeaverours to make any requiered changes and additional cost will be included in the fees andinviced to you (by email)
23. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a pary’s control), if we have to make changes in the Services or how they are provided,we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
24. If for any reasons you decied to cancel or fail to cancel a booking there will be a administration fee for canceling. (the provision clause 14 Fees and Deposit also apply to T&Cs)) We need a least 48 hours’ notice for any cancellations to avoid the fee.
Circumstances beyond a party’s control
25. Neither of us is liable for any failur or delays in performing our obigations where such where such fauilure or delay results from any cause that is beyond the reasonable control of any party. Such causes include and are not limited to: power failure, interneet service provider failure,industrial action, civil unrest, fire, flood stroms, earthquakes,acts of terrorism,acts of war, government action or any other event that is byond the control of the party in question. If the delay continues for a period of 120 days either of us may terminate or cancel the Services to carried out under these Terms and Conditions. (no refund if materials have been order under the clause 19 Fees & Deposits).
26. We will invoice you for your payment of Fees either: a) When we have completed the Srevices; or b) on the dates set out in the quotation.
27. You must pay the Fees due set out within the quotation and within accordance with any credits terms agreed between us and the Terms & Conditions that have set out (see the above clause 18 Fees & Deposits).
28. Time for payment shell be of the essence of the contract.
29. Without limiting any other right or remedy we have for statutory intrerest, if you do not pay within the period set out above,we will charge you interest at the rate of 4% per annum above the base lending rate of the Bank of England from time to time on the the amount outstanding until payment is received in full.
30. All Payments due under these Terms and Conditions must be paid in full without any deductions or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify the withholding payment of any such in whole or in part.
31. If you do not pay within the period set out above we can suspend any further provison of Services and cancelany future Srevices which have been ordered by, or otherwise arranged with you.
32. Receipts for payments will be issued by us only at your request.
33. All payments must be made in British Pounds unless otherwise agreed in writing between us.
34. We can terminate the provision of the Services immediatelt if you: a)Commit a material breach of your obilgtions under these Terms and Conditions; of
b)fail to make pay any amount due under the contract on the due date for payment; or c)We have a Zero Tolerance to Abusive Customers and we will terminate the call and in extreme cercumstances we will terminate the Services. We try our up most to make sure all custimer’s are completely happy with our Services. d)are become or, in our reasonable opinion, are about to become, the subect of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or e)enter into a voluntary arrangement under Part 1 of the Insolvency Act1986, or any scheme or arrengement is made with its creditors; or
f)convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, admisistrator or administrative receiver apointed in respect of your assets or undertakings or any part of them, anydocuments are filed with the court for the appoinment of an admistrator in respect of you, notice of intention to appoint an administrator is given by youor any of your directors or bya qualifying floating charge holder (as defind in para.14 of the schedule B1 of the Insovency Acy 1986), a resolution is passed or petiton presnted to any courts for you for winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating tto your insolvency or poosilbe insolvencey
35. We reserve all copyrights and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of suuch intellectual property rights.
Liability and Indemnity
36. Our liablity under these Terms and Conditions, and in breach of statutory duty,and in tort or misrepresentation or otherwise,shall be limited as set out in thisclause.
37. The total amount of our liablity is limited to the total amount of Fees payable by you under the Contract.
38. We are not liable (whether caused by our employees,agents or otherwise) In connection with our provision of the Services or the performance of any or Our other obligations under these Terms and Conditions or the quotation for:
a)any indirct, special or consequential loss, damage, cost, or expenses or;
b)any loss of profits;loss of anticipated profits; loss of business; loss of data; loss of reuttation or goodwill; business interruption; or, other third pary claims; or
c)any failure to perfrom any of our obligations if such delay or failure is due to cause beyond our control; or
d)any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
e)any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Srevices or any goods supplied with the Services.
39. You must indemnify us against all damages, cost, claims and expenses by suffered us by arising from any loss or damage to any equipment (including that belonging to third parties) casued by you or your agents of employees.
40. Nothing in these Terms and Conditions shall limit or exclude our liablity for death or personal injury caused by our negligence, or for any fraudulent misrepsentation, or for any other matters for which it would be unlawful to exclude or limit liablity.
41. When supplying the Services to the Customer, the Service Provider may agin access to and or aquire the ability to transfer, store or process personal data of employees of the custmer.
42. The parties agree that where such processing of personal data takes place, the Customer shall be the ‘Data Controller’ and the Srevice provider shall be the the ‘Data Processor’ as defined in the General Data Protection Regulation (GDPR) as may be amended,extended and or re-enactedfrom time to time.
43. For the avidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processor’, and ‘Data Subject’ shall have the same meaning as in the GDPR.
44. The Service Provider shall only Process Personal Data to the extent reasonbly required to enable it to supply the Services as mention in these Terms and Conditions or as requested by and agreed with the Customer, shall not retain any Peronal Data longer tha necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party’s purposes.
45. The Service Provider shall not disclose Peronal Data to any third parties other than emplyess, directors, agents, sub-contractors or advidors on a strict ”need -to-know” basis and only under the same (or more extenive) conditions as set out in these Terms and Conditions or to the extent required by applicable legislation and or regulations.
46. The Service Provider shall implement and maintain technical and organistional security measures as are requiered to protect Personal Data Processed ny the Service Provider on behalf of thr Customer.
47. Further information about the Servie Provider’s approach to Data Protection are specifed in its Data Protection Policy, which can be found INVOICES. For any enquiries or complaints regarding Data Privacy, you can conta Kieran Walsh Owner at the following email address: [email protected]
48. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of , the party giving notice (or a duly authorised officer of that party)
49. Notices shall be deemed to have been duly given: a)When sent, if delivered by couier or other messenger (including registered mail) during the normal business hours of the recpient; b)When sent, if transmitted by fax or email and a successful transmission report or return receipt is generaed; c)On the fifth business day following mailin, if mailed by national ordinary mail; or d)On the tenth business day following mailing, if mailed by airmail.
50. All notices under these Term and Conditions must be addressed to the most recnt address, emails addrss or fax number notified to the other party.
51. No delay, act or omission by a party in exercisiing any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further execise of any otherright, or remedy.
Links to and from other websites
52. Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third-party website and have no responsibility for such third-party websites or their content. We do not endorse the third-party websites or make representations about them or any material contained in them. If you choose to access a third-party website linked to from this Website, it is at your own risk.
53. If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions: a)you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us; b) you do not misrepresent your relationship with us or present any false nformation about us; c) you do not link from a website that is not owned by you; and or Severance
54. If one or more of these Terms and Conditions is found to be unlawful, invalid orotherwise unenforceable, that those provisions will be deemed Severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and Jurisdiction
55. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual
disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts