The term ‘World of Smile’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.
In these conditions:
a) The ‘Company’ and ‘the Purchaser’ have the meanings ascribed to them on the front of the form.
b) The ‘Works’ shall mean the supply of goods and the building and other works detailed on the front of this form.
c) ‘The premises’ shall mean the property of the Purchaser at which the Works are to be carried out.
d) ‘The Price’ shall mean the price for Works set out on the front of this form
e) ‘Furniture’ shall mean external means of operating windows and doors and can loosely be defined as handles
a) All the terms of agreement by which the Company agrees to carry out the Works for the Purchaser are contained in this document and shall apply to the exclusion of any other term or condition. No salesman has the authority to agree to any variation.
b) Any verbal agreements must be written and recorded within the agreement.
c) No representation or warranty given by or on behalf of tile Company shall be incorporated unless expressly or impliedly referred to.
a) As soon as practical and within 21 days of this agreement. the Company will arrange an appointment for detailed measurement and analysis of the proposed Works (Referred to as ‘the survey’), with a representative of the Company. This is to allow the Purchaser to have further information to the Works process and to allow the Company to satisfy itself that the Works are;
i) In compliance with current law and regulation
ii) Not in breach of Party Walls Act.
iii) Technically viable
iv) Priced correcting when considering (i), (ii) and (iii) as visually inspected against the agreement.
b) The time limits on the survey are quoted upon the basis of clause 5) a. reference ACCESS being provided by the Purchaser in accordance with this agreement.
a) If the survey on the Company’s behalf reveals complications’ which will require an increase in the Price. then the Purchaser shall have the option of accepting an increased price or of cancelling the agreement and receiving return of his/her deposit.
b) If the survey reveals any defect in the Premises, the Company shall notify the Purchaser. If the Company is willing to carry out remedial work the parties shall attemptto agree a variation to the Price. If the parties cannot agree, or if the Purchaser will not agree to have remedial work carried out, either party may cancel this agreement.
c) Additions or variations to the Work requested by the Purchaser shall not have effect unless notified to the Company within 7 working days of completed survey date and an Official Company Variation Document has been completed and signed by the Purchaser and a duly authorized representative of the Company. If accelerated delivery or works progression has been agreed and written on the Agreement then additions, or variations will not be the right of the Purchaser as products/materials.
a) The Purchaser shall grant to the Company’s employees and sub-contractors and all other persons engaged in the Works unrestricted access to the Premises at all reasonable times for all purposes connected with carrying out the Works or remedial work.
b) The Company may need to site skips, ladders, scaffolds or vehicles/machinery to complete its contractual obligations.
c) The Purchaser shall at its own expense make available for the Company the use of all such facilities as the Company may require (including without limitation running water, gas and electricity).
The Company shall not be held liable for any delays arising from the Purchasers inability or failing to offer reasonable access or necessary facilities.
a) PAYMENTS SHALL BE MADE IN ACCORDANCE WITH THE PAYMENT SCHEDULE OVERLEAF.
b) The deposit is normally paid at least 28 days prior to commencement of the Works of which the contract is official proof of and thereafter the Company will issue respective invoices relating to the Works expedited in conjunction with the Payment Schedule overleaf. Payment being due immediately upon the completion of the individual elements of the Payment Schedule and upon presentation of the respective invoice. If during the completion of the Works the price of the respective trades people differs from the original payment schedule, (from estimation used by the Company) but not changing the total contract value, a revised Payment Schedule will be supplied to the
c) Payment shall be in cash, cheque or money order made payable to the Company and crossed A/C payee only. The Purchaser shall not be entitled to withhold payment by reason only of alleged minor effect. The Company will promptly investigate any such alleged defect after payment in full, of the balance payable on completion.
d) IF ANY SUM IS NOT PAID BY THE PURCHASER ON THE DUE DATE, THUS INCURRING EXPENSE AND LOSS TO THE COMPANY BY BEING DEPRIVED OF THE DUE FUNDS THERE WILL BE A 10% SURCHARGE AND THEREAFTER INTEREST WILL BE CHARGED AT 2% OVER THE BASE RATE FROM TIME OF HSBC BANK PLC ON THE OVERDUE SUM FOR THE PERIOD FROM THE DUE DATE UNTIL PAYMENTS RECEIVED BY THE COMPANY.
e) Further in case of non-payment of any sum on the due date, the Company reserves the right to suspend completion of the remaining works until payment of the overdue sum is received.
a) All samples and display units of goods required to complete the Works are for display purposes only and used to demonstrate a typical product and its composition. No guarantee is given that the goods will be used for the Works will conform to being precisely identical to such samples and display units. All such goods shown overleaf will be measured and manufactured in a way considered suitable by the Company.
b) Measurements displayed overleaf are approximate and used only for the purpose of price calculations.
c) The Company reserves the right to make minor modifications to such goods as it shall reasonably consider necessary. It may also be necessary for reasons of suppliers to change the colour or shape of fitments as products are enhanced and/or developed.
d) Since glass manufacturers do not guarantee against minor imperfections or shade variations in the glass, the Company accepts no liability for such imperfections or variations. Since low emissivity glass that is used to comply with building regulations is a surface coating. there can be no guarantee that the shade or colour of a glass that is supplied can match glass supplied under previous and ongoing contracts.
e) All goods are supplied and all installations is earned on the basis that no guarantee can be given of freedom from condensation. Information on condensation standards and ways of reducing condensation is available from the Company on request.
a) The Company undertakes to attempt to adhere to the delivery period quoted in good faith to the customer, but time shall not be of the essence of the Contact. However, it the Works are not completed within the delivery period the Purchaser may serve notice on the Company in writing, making time of the essence and requiring that the Work is completed within such reasonable period as the Purchaser may specify (In general the Company would accept two months as being reasonable). If the Works are not completed within such extended period, the Purchaser may cancel the incomplete work covered by the contract without penalty to his/her self by the service of written notice to that effect on the Company. As long as payment for Works to date are paid.
a) The Company shall not be liable for any delay, damage or loss caused by: accident, fire, strike, lock out, failure of a supplier to keep delivery dates, shortage of material, the failure to obtain necessary permissions under clause (15) here of or other circumstances beyond its control and time. (Whether or not made of the essence of the contact) shall not run during any period when delay on the account is operating.
a) The Company is not liable to carry out any decorating work, but will make good any damage caused in the course of installation to plasterwork, floors, driveway, rendering or brickwork immediately surrounding any conservatory, window or door installed. With regard to specialist finishes such as tyrolean or pebbledash, the Company gives no guarantee to provide an exact match but will endeavor to achieve a reasonable finish in texture and likeness. If partial re-decorating is written into the Agreement overleaf, the Company cannot guarantee to provide matching ceramics or other tiles, or to match surrounding wallpaper or paintwork which may have been damaged. The Compan will undertake total redecoration of a room as a separate Variation to the original contract if appropriate. The Company accepts no responsibility for any damage from structural or other defects in the property at which the installation was carried out.
b) Any complaint or claim by the Purchaser for compensation for damage done by the Company for which it may be liable under these terms and conditions must be made in writing within 7 days of the date on which the Purchaser becomes aware or should have become aware of such, in default of which the Company will be under no liability therefore, total liability for any compensation claim by the Purchaser for damage done being capped to the price of the agreement.
c) The Company shall be under no liability to the Purchaser in respect of consequential or indirect loss or any purely economic loss.
d) Nothing in these conditions shall exclude or limit the Company’s liability in respect to death or personal injury resulting from it or its employees negligence or any rights the Purchaser may have under sections 12 to 15 of Sales of Goods Act 1979, of sections 2 to 5 of the Supply of Goods and Services Act 1982.
a) UPON SIGNING BY THE PURCHASER AND A DULY AUTHORISED REPRESENTATIVE OF THE COMPANY OF THE AGREEMENT OVERLEAD A BINDING CONTRACT WILL BE CREATED. HOWEVER, THE PURCHASER HAS A RIGHT TO CANCEL THIS AGREEMENT WITH THE COMPANY IF HE/SHE WISHES AND THAT RIGHT CAN BE EXERCISED BY GIVING WRITTEN NOTICE TO THE COMPANY WITHIN THE PERIOD OF 7 DAYS FOLLOWING THE DATE OF THE SIGNING OF THIS AGREEMENT WITHOUT PENALTY.
b) By signing the agreement, the Purchaser confirms that he/she are the owners of the property at which the Works will take place and that are having complete authority to enter into this agreement.
c) Upon the agreement extending beyond the Cancellation Period, the Company agrees to undertake the Works described overleaf at the price specified, subject to the Survey and its approval of the content of the Works, site conditions and correct pricing. If the Survey reveals any negative issues, the Company will send written notification to the Purchaser within 14 days of such discover and place the Works ‘on-hold’ for a period of 28 days while the Company engages in further talks with the Purchaser to any contractual modifications or cancellation of Agreement. (Modifications can relate to additional building work such as new lintels, safety issues, legal requirements or the discovery of asbestos related materials within the vicinity that were not discovered at the time of original viewing of the property. The Company reserves the right to cancel any order by refunding monies paid upon receipt of an unsatisfactory survey report from the Surveyor or in the event of unsatisfactory credit references being obtained in respect of the Purchaser. If the Purchaser does not accept any proposed modifications within 14 days of being offered, the contract shall be cancelled.
d) No property in any goods supplied and delivered to the Purchaser shall pass to the Purchaser until the Purchaser has paid the Company the full amount of the Price, or an amount that represents a fair and reasonable payment to which the Company may be entitled.
e) Without prejudice to its right to claim damages for breach of contract the Company may at its sole discretion in appropriate cases agree to the cancellation of any by the Purchaser (after period referred to in 11(a) upon payment to the Company of all expenses incurred by it prior to the date of cancellation. However, the Company reserves the right to utilize some or all of the deposit and charge the following, to recover expenses and losses;
i) 25% of total contract price if the Purchaser cancels prior to the Survey being expedited
ii) 30% of total contract price if the Purchaser cancels after tile Survey but pre-manufacture/ordering goods/materials
iii) 65% of total contract price if the Purchaser cancels after commencement of manufacture/ordering goods/materials/instructing labour.
f) The Company may within 7 days of signature of the agreement by its duly authorized representative cancel the agreement without penalty to the Company be sending written notice to the Purchaser and at the same time refunding the deposit.
g) The Company may terminate this agreement if the Purchaser commits an act of bankruptcy or is in breach of his/her obligations under this agreement and (if the break is remedial) does not remedy this breach within 30 days of the Company requiring him/her to do so.
a) Work materials will be removed from the Premises at no extra cost unless the Purchaser requests that they remain (which should be indicated when placing the order) and once removed from the Premises they become property of the Company. The Company will not be obliged to return to collect waste material once the Purchaser has instructed the Company.
a) If there shall be any variation in the applicable rate of value added tax the price shall be adjusted accordingly.
a) The Company on the Purchases behalf shall submit initial application under any act of Parliament rules, orders, statutory instructions, regulations, bylaws, of any local authority or statutory undertakers (hereinafter called ‘the regulations’) to ensure compliance of the Regulations. However, the Company shall not be responsible for making appeals under the Regulations from the initial applications. The Company shall give all notices required by the Regulations and shall pay on behalf of the Purchaser all fees and charges in connection with the Regulations. Upon payment by the Company, such amounts shall be forthwith reimbursed to the Company by the Purchaser and such sum may be retained by the Company out of the Deposit. The Purchaser shall forthwith provide the Company with all such information as the Company may require to conform with the Regulations. The Purchaser shall be responsible for obtaining all necessary permissions and consents for the Works arising from the title to the Premises.
b) In the event that the Works may not proceed because of failure to obtain necessary consent or other authority or permission hereunder then this agreement shall be cancelled without prejudice to the obligation of the Purchaser to pay to the Company upon submission to the Purchaser of a cancellation notice a fair and reasonable sum in respect of the Works undertaken to the date of such cancellation.
a) The Purchaser shall take all appropriate steps to ensure the safety of the any employee or sub-contractor or representative of the Company at the Premises and the safe keeping of materials or property of the Company stored at the Premises whilst the Works are being carried out. The risk in any goods supplied under this agreement shall pass to the Purchaser on arrival at the Premises.
16) SPECIALIST TRADES
a) The Company shall be entitled to sub-contract any of the Works or ancillary operations without affecting its obligations to secure completion of the Works on the terms of this agreement.
b) Any reference in these conditions to ‘the Company’ of its employees shall include reference to agents of sub-contractors authorized by the Company.
a) Any notice shall be sufficiently given if sent by first class post or delivered by hand to the Premises (in case of a notice to a Purchaser) or the Company’s address shown on the front page. A notice sent by the post shall be deemed to have been received in the ordinary course of delivery.
b) If any provision is held invalid or unforeseeable the validity and enforceability of the remaining provisions shall not be affected.
a) Sound materials suitable for their respective purposes will be used, but are supplied subject to any conditions of sale attached by the manufacturer or supplier. In the event of materials or installations providing faulty within a period of 10 years from the date of supply or installation the Company will, providing that full settlement of all due monies has been made by the Purchaser, rectify free of charge the fault by replacement or repair subject to:
i) The installation having remained as originally carried out by the Company’s Employees or sub-contractors or representatives
ii) Exclusion of damage or excessive wear due to negligence, accidental or careless use of materials or installation
iv) Installations being rendered inoperable or ineffective due to structural or other associated defects
v) General wear and tear
vi) Aside of manufacturers supplied guarantee, this guarantee does not cover surface discoloration for plated door and window furniture
vii) The ‘Owner’ shall give written notice to the Company of any defect or damage likely to give rise to a claim under this guarantee
viii) This agreement is personal to the parties and no party shall, without prior written consent of the other, assign, transfer or deal in any other manner this agreement or any of its rights and obligations under this agreement, or any purport to do any of the same. If the Purchases sells the Property, the new owner may apply in writing for permission of the Company to transfer the unexpired portion of the guarantee to them within 30 days of the completions of the sale and at a charge of £250.00 (inclusive of VAT). Before a new guarantee certificate can be issued an inspection will be organized and upon satisfactory results, the new owner will receive the remainder of the guarantee benefit. The Company reserves the right to disqualify guarantee transfer at its own discretion and any payment would be refunded without condition.
b) ‘Supply only’ contracts will be a 12 months’ parts only guarantee.