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Caddy Maintenance Services Ltd Terms and Conditions of Sale
DEFINITIONS"Buyer" means the person, firm or company placing the Order. "Commencement" means the Seller starting the works as described in the Order. "Goods" means the equipment, parts and services (or any of them) as described in the Order. "Order" means the order placed by the Buyer for the supply of the goods or any subsequent Variation. "Seller" means Caddy Maintenance Services Ltd or the following t/a names Caddy Windows, Caddy Garage Door, Caddy Carpentry "Variation" means any variation, addition or amendment to an existing Order as evidenced in writing and agreed by both the Seller and the Buyer. "Working Day" means any day except Saturday, Sunday or public holiday between the hours of 8am to 5pm
GENERAL
Any Order whether following a quotation, tender or otherwise shall incorporate these Terms and Conditions of Sale. The Seller shall not be bound by any variation, modification of, substitution for or addition to these Terms and Conditions of Sale (even if included in or referred to in the purchase order or other Buyer's document) except as expressly agreed in writing by the Seller.
QUOTATIONS
Quotations shall be valid for acceptance for a period of 90 days unless otherwise specified by the Seller.
COMMENCEMENT
Any date named by the Seller for commencement is given and intended as an estimate only and the Seller shall not be liable for any loss or damage howsoever arising out of delay in commencement. The Buyer agrees that the Seller is permitted to display advertising signs for the duration of works. During the length of the contact, the seller accepts no liability for any unforeseen circumstance which has not been stated in the specification e.g. removal of window to discover asbestos.
ACCESS
If working access is denied on any working day for any reason, the Seller is permitted to raise and deliver an invoice to the Buyer for all material costs and any work carried out to date and this invoice must be paid immediately.
SCOPE OF MAKING GOOD
Replacement window and door quotations includes making good to the immediate proximity to internal plaster reveals using plastic trims and external render within 10cm unless otherwise agreed. Painting and redecorating is excluded unless specified. The seller accepts no liability for any making good outside of this scope. The seller will discuss the variation with the buyer prior to commencement of additional works.
TERMS OF PAYMENT - ACCOUNT BUYERS
The time for payment shall be within 30 days of the invoice date or as detailed in Seller's quotation or tender document. The Seller understands and will exercise its statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998 if payment is not received according to the agreed terms. Interest will be calculated on a daily basis from the first Working Day after payment is due. The Seller reserves the right to pursue debtors for the recovery of all other costs and expenses including any legal fees and expenses incurred in collecting overdue amounts or otherwise enforcing it's rights under these Terms and Conditions.
TERMS OF PAYMENT - NON-ACCOUNT BUYERS
A non refundable deposit of 25% of the quotation, or payment as detailed in Seller's quotation or tender document, must be received before commencement of works/delivery of Goods. The Seller will raise and deliver an invoice to the Buyer for the balance of the quotation sum when services are complete (or when the Goods are delivered), or as soon as possible thereafter and this invoice must be paid immediately.
OUTSTANDING INVOICES
In the event that the Buyer does not agree that the Seller has carried out the works as per the Order and refuses to pay the sum as per the order agreement, an independent surveyor should be appointed to decide. If the independent surveyor confirms that the works have in fact been carried out as per the works description stated in the Order, the Seller reserves the right to recover all expenses incurred in agreeing and instructing the surveyor from the Buyer and the remaining sum of the contract, plus interest as applicable, must be paid immediately. The Seller reserves the right to charge interest on unpaid invoices from the second Working Day after delivery of the invoice until payment is received at a rate of 4% above the base rate from time to time of Lloyds TSB Bank plc. Interest will be calculated on a daily basis.
SERVICE CALLS
Any service calls, after inspection, deemed not the fault of the Seller will be charged to the Buyer at the rate of £36.00 + VAT per hours including travelling time from the Sellers head office. This must be paid immediately.
TITLE
Title to Goods will remain, as far as is possible in law, with the Seller until full payment is received by the Seller.
DEFAULT AND INSOLVENCY
If the Buyer shall default in or commit any breach of its obligations to the Seller or if the Buyer becomes insolvent or bankrupt or (being a company) makes an arrangement with its creditors or has an administrative receiver or administrator appointed or commences to be wound up (other than for purposes of amalgamation or reconstruction), the Seller may, without prejudice to any other of his rights, terminate the contract forthwith by notice in writing to the Buyer or to any person in whom the contract may have become vested . Upon termination as aforesaid it shall be lawful for the Seller to enter upon and take possession of any goods, wherever situated, for which the full purchase price has not been paid and to dispose of same without further notice to the Buyer. After disposal, and if any monies are recovered through such disposal, these monies less the Seller's reasonable costs of disposal, will be applied against unpaid invoices and the Seller will notify the Buyer of any monies outstanding.
APPLICABLE LAW
The construction, validity and performance of the contract shall be governed by the laws of England and Wales and the parties hereto shall submit to the exclusive jurisdiction of the English Courts.
