SKEAN HOMES STANDARD TERMS AND CONDITIONS FOR THE SALE OF GOODS TO CONSUMERS
BACKGROUND: These Terms and Conditions are the standard terms for the sale of goods via email, Our website, telephone by Skean Homes Ltd trading as Skean Homes a Limited Liability Company registered in England under number 13011912 & Vat number 367 0665 76, whose registered address is 209 Regus, Oxford Point, Oxford Road, Bournemouth BH8 8GS and whose main trading address is 209 Regus, Oxford Point, Oxford Road, Bournemouth BH8 8GS
Terms and Conditions for the Supply and Fitting of our Products.
These Terms and Conditions set out the terms on WHICH SKEAN Homes supplies and fits our products. They are an important document and should be read carefully.
In these Terms and Conditions, the following meanings apply
SHL means Skean Homes Limited
`Contract’ means SHL s contract with you the Customer, for the supply of Products and installation services
'Parties' means SHI and the Customer
"Premises means your address at WHICH SHL's Products are to be installed.
' Products’ means those products listed in our Order Form WHICH SHL will supply.
‘Schedule of Work’ means the schedule to be prepared by SHL to show the installer and other works to be carried out by SHL for the Customer
This agreement is made between SHL and the Customer cannot transfer it without SHL s agreement SHL reserves the right to transfer its rights and obligations to another organization but will inform the Customer if this occurs and will ensure that any such transfer does not affect the Customers rights untie' the Contract
Any alteration SHLs promotional literature and documentation are not -medals samples but are for the Customers general guidance and information only and will not be to scale or specification
a) Any variation of this agreement must be in writing. signed by both parties.
b) The estimated period delivery will run from the date of such variation (or when the contract is financed by a building society or finance company from the date that confirmation of Me loan is received. Whichever is later)
a) Following the signing of a Contract SHL will arrange for a survey at the Premises to assess in detail the work to be carried out and any other requirements for my works to be done This Contract is conditional upon SHLs surveyor s approval of the Schedule of Work following that inspection and the resulting signed survey report a copy of WHICH will be given to the Customer.
b) SHL reserves the right to propose such modifications to the Schedule of Work and the final price to be paid by the Customer as their survey shows to be necessary
C) If the Surveyor's approval is not given for whatever reason or the Customer does not accept the modifications or any revisions to the Contract price any deposit previously paid by the Customer will be refunded without interest and the agreement will be at an end
d) Extra charges may also be incurred if unforeseen problems arise in the course of an installation eg additional footings or pile driving is required, dealing with drainage pipes wires existing soak away poor ground conditions during building work existing felt or woodwork being damaged or perished or matching existing bricks plus any related delivery charges SHL will always notify the Customer and discuss with the Customer the likely charges and any possible ways to mitigate them
e) The purpose of SHL's survey is to ascertain the feasibility of the installations shown in the Contract The surveyor will not undertake a general survey of the Premises The inspection will be confined to those areas of the Premises. WHICH directly relate to the proposed installation SHL will not be responsible for remedying any defect existing before the proposed installation date
6. PLANNING AND BUILDING REGULATIONS
a) SHL does not accept responsibility under this Contract for obtaining any Planning Permission or Building Regulation approval WHICH may be required for the work under the Contract Neither SHL nor any of its agents or employees is authorized to give opinions on such matters and SHL shall not be bound by any views expressed by its agents or employees unless SHL accepts in writing instructions from the customer to apply for Planning Permission and/or Building Regulation approval on behalf of the Customer It is the responsibility of the Customer to make all necessary enquiries of the Customer's Local Authority as to whether either or both of Planning Permission and Building Regulation approval is required before entering into this Contract and/or work is commenced under this Contract
b) The Customer acknowledges that any costs associated with retrospective applications for Planning Permission or Building Regulation approval. or associated with application WHICH should have been made by the Customer shall be entirely for the account of the Customer
c) Where planning consent is applied for by SHL on behalf of the Customer. if planning permission is not granted or the Contract is cancelled by either party then the payment made by the Customer to SHL for the planning application is non-refundable.
7. PRODUCT IMPROVEMENTS
SHL s policy is one of continual product improvement and therefore methods materials and changes of the specification may be made from time SHL reserves the right to make minor alterations to the specification or construction of Products WHICH do not materially affect appearance or performance
a) SHL wit use all reasonable endeavours to meet the time for delivery shown overleaf (or as varies per clause z above) but the date is an estimate and SHL will have no liability if for some reason beyond its reasonable control such as adverse weather delivery problems staff shortages or mechanical breakdowns it cannot be achieved In that event the Customer will be told as soon as possible and an alternative installation date offered
b) If the work is not substantially completed within the estimated delivery period stated in this agreement the Customer may serve written notice on SHL requiring SHL to complete the work within a reasonable period If the work is not completed within this period the Customer may cancel the uncompleted work covered by this agreement without penalty to himself by service of written notice to that effect on SHL
c) Notwithstanding the foregoing SHL shall not be liable for any delay in the completion of any work or the supply of Products WHICH arises from causes beyond its reasonable control
d) On receipt of notice that the Products are ready for installation by SHL the Customer by arrangement must arrange access to the Premises on the proposed installation date The Customer must ensure that all conservatories and other work areas are cleared prior to the beginning of the work Non-acceptance of installation wit, render the Customer liable for further charges
9. ADDITIONAL WORK
This paragraph is intended to make clear the scope of the work WHICH is to be carried out by SHL and WHICH items are excluded The work to be carried out by SHL is confined to removing the items being replaced supplying and fitting the new items making good the tills and other wall and floor areas immediately abutting any windows or conservatory fined and making watertight where the mat is required It will also include clearing the items replaced and any work specifically listed on the Schedule of Work
This means that unless specifically listed in the Schedule of Work, SHL s work will not include additional preparation or clearing removing asbestos or other materials unrelated to the installation boarding up openings work is in progress removing or replacing or relaying utilities wiring aerials satellite dishes panels or meters obtaining access to the adjoining lane and/or obtaining party wall agreements or approvals from landlords or other third parties In addition
outstanding following substantial completion, at the rate of 5% per annum above the base rate fixed for the time being by VISBC Bank Plc
d) If the Customer decides to apply for finance and WI II agrees that any stage payments are not required SHL reserves the right to amend the contract to include stage payments if the Customer's application for finance is refused el SHL's personnel are authorized to accept cash, cheques or other forms of payment in favour of SHL only
10. VAT All prices quoted will include VAT at the current applicable rate
a) SHL has quoted its price to the Customer on the basis that the Customer will pay all outstanding amounts as indicated in the section "Financial details and agreement•' within the Contract which gives details of the stage payments that are required. It is a term of this contract that the Customer makes payments on the due dates Any deposit paid to SHL will be applied against the price of the Products b) Upon substantial completion of the Installation the full outstanding balance of the contract will be due for payment If there are any incidental items that need attending to WHICH cannot reasonably be completed at that time then the customer has the right to withhold £500 until the installation is fully complete On this day the remaining balance will then be due to c) SHL reserves the right to charge interest on payments made late or left outstanding following substantial completion at the rate of 5% per annum above the base rate fixed for the time being by HSBC Bank Plc d) If the Customer decides to apply for finance and SHL agrees that any stage payments are not required SHL reserves the right to amend the contract to
a . Workmanship Guarantee
Workmanship Guarantee - 10 years The Works are guaranteed against physical faults or errors in the installation WHICH have been caused by the defective workmanship of the Installer or the Installer's subcontractors
b Materials Guarantee
uPVC Frames - 10 years: The Works guaranteed against any failure in welded joints, distortment and surface finish
Aluminium Frames - 10 years: The Works are guaranteed against any failure in joints distortment and coatings.
Insulated Glazed Units - 5 years: The Works are guaranteed against the failure of hermetical seals (i e misting between panes)
Door Panels - 5 years: The Works are guaranteed against any failure in joints. distortment and surface finish.
Hardware - 1 year: The Works are guaranteed against any failure in Locking mechanisms. hinges and all metallic moving parts.
c Building Regulations Guarantee
Building Regulations - 6 years: Where the Guarantee Beneficiary holds a Building Regulation Compliance Certificate in respect of the Works the Works are guaranteed against breaches in the Building Regulations caused by the Installer.
The Guarantee Beneficiary shall.
1 Maintain all Works in accordance with the manufacturer's instructions for those Works.
2 Where the Works comprise timber frame windows - maintain any timber frame windows in accordance with the section of this guarantee headed 'Timber Frame Maintenance Conditions below.
3 Subject the Works only to the normal use -in normal conditions- for WHICH the Works were designed Where the Guarantee Beneficiary has not adhered to each or any of these conditions the Installer shall be entitled to avoid liability from the Commencement Date.
The Installer shall not be responsible for:
1 Defects in any materials WHICH were not sold to the Guarantee Beneficiary by the Installer
2 Breaches of the Building Regulations where the Guarantee Beneficiary does not hold a Building Regulations Compliance Certificate issued in respect of the Works
3 The elimination of condensation
4 Repairs to the Works instructed by the Guarantee Beneficiary without the Installer s written approval.
5 Deterioration to handles letterboxes to wear and tear.
Any parts of this guarantee WHICH provide cover in respect of breaches in the Building Regulations are freely and automatically transferrable to subsequent owners of the Works No notification needs to be made to the Installer to transfer these parts of the guarantee Beneficiary can transfer the entire guarantee to subsequent owners of the Works by paying an administration fee of £10 to the Installer to transfer the guarantee to the new owner.
13. RESIN STAINED GLASS and RESIN BEVEL EFFECT GLASS
During manufacture whilst all care and attention is taken to reproduce the effects of traditional stained glass. slight imperfections may occur These however only add to the character and uniqueness of each design
doorknobs and other moving parts due
a) SHL s units are designed primarily to reduce the heat loss. The presence of condensation is dependent upon the environment within the dwelling.
b) SHL gives no warranty concerning the incidence prevention or elimination of condensation following the installation of its products neither do its personnel have the authority to give such a warranty.
15. WARRANTY BY THE CUSTOMER
By signing the contract and placing an order with SHL the Customer warrants to SHL that the Customer is the owner of the Premises and is entitled to proceed with the works provided for in the Contract without the approval of any landlord joint owner or other third party having any interest in the Premises
16. SECURITY DURING INSTALLATIONS If it is necessary to create and leave an open area SHL work is being performed by SHL. SHL take reasonable steps in consultation with the Customer (wherever possible) to make all openings -rainproof and secure as far as practicable but cannot be liable for loss or damage if the temporary measures are insufficient.
17. CLAIMS PROCEDURE
Where the Guarantee Beneficiary becomes aware of any situation WHICH may lead to a claim under this guarantee the Guarantee Beneficiary shall
a) Write to the Installer at the Installer s Address detailed above -within 5 business days of becoming aware of any potential defects- detailing any evident faults or errors in the Work
b) Permit the Installer unrestricted access to the Works during business hours to carry out inspection or repair works that are necessary under the terms of this guarantee
c) In the event that no faults or errors are discovered WHICH are: covered within the terms of this guarantee Pay the Installer s inspection fee of £100
d) In the event that faults or errors are discovered WHICH are covered within the terms of this guarantee Acknowledge mat the Installer will choose to either repair the Works or replace the Works e) In the event of a replacement Acknowledge that replacement goods may not be an exact cosmetic or colour match when the original goods
18. LAW AND STATUTORY RIGHTS
a. The Contract is governed by English Law
b. Nothing in these Terms and conditions affects the Customer s statutory rights.
c. If despite using SHL s complaints procedure a dispute arises between SHL and the Customer of a technical nature related to the quality of any Products supplied or any work cameo out by SHL the Parties may agree to refer the dispute to mediation or arbitration but no such referral will delay the payment of any sums otherwise due to SHL under the Contract
19. CANCELLATION RIGHTS
a) Except where Products are made to the Customer s specifications, the Customer has the right to cancel this agreement within fourteen days starting from the date of delivery of the Products To exercise the right the Customer must inform SHL by a clear statement (eg a letter sent by post fax or e-mail) or you may use the cancellation form at the end of these Terms and Conditions and deliver it or send it to Skean Homes Limited 209 Oxford Point, Oxford Road, Bournemouth BH8 8GS Alternatively you can
e-mail it to firstname.lastname@example.org
b) In any other case e where Products are made to the Customers specifications) the Customer has the right to cancel this Agreement within 7 days starting from the date of signing the Contract To exercise this right. the Customer must notify Mil in accordance with the above procedure
c) If the Customer cancels it is the Customer's responsibility to return the Products to SHL undamaged at the Customer's expense.
d) If the Customer cancels the Contract having requested SHL to do any work under the Contract before the end of the cancellation period the Customer will have to pay SHL a reasonable sum for any work carried out.
e) If the Customer cancels the Contract under paragraphs (a) or (b) above SHL will reimburse the Customer for any deposit or other sums paid to SHL by the Customer including delivery charges less
a. The loss in value to any Products caused by unnecessary handling by the Customer and
b Any charges due under paragraphs (c) and (d) above The refund will be made within 14 days after SHL receives back the Products supplied or if there were no Products supplied within 14 days after the day SHL is informed of the decision to cancel. Reimbursement will be made using the same means of payment as were used by the Customer for the initial payments unless otherwise agreed but no fees will be charged for the reimbursement f) If the Customer cancels the Contract other than under the rights set out in paragraphs 1 9(a) and (b) above and other than as a result of a survey WHICH results in a change to the sums payable by the Customer. or a modification to the work required the Customer, wit to pay SHL the following WHICH represents the losses and excess incurred by SHL as a -result of the cancellation
a 25% of the total contract price if the Customer cancels pre-survey
b 30% of the total contract price if the customer rest survey but prior to the commencement of manufacture of the Products and
c. 80% of the Contract once if the cancellation s after the commencement of manufacture but prior to installation
NOTICE OF CANCELLATION
Complete and return this notice only if you wish to cancel this agreement
I/We* hereby give notice that I/We wish to cancel the following contract:
Date of Contract: Goods Purchased: Signed: Date: Name. Address:
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