The meaning of some words used in these terms and conditions

'we', 'us' or 'our' is a reference to Simply Fences Ltd;

'you' or 'your' is a reference to the person to whom we are providing our Services or supplying Goods and who is required to pay for the Services we provide and the Goods we supply;

'Goods' means the goods we shall buy for you and which you will pay for;

'Materials' means any materials, goods, parts or items we need to buy necessarily in order to perform the Services but does not include the Goods we will be purchasing for you;

'Premises' means the place where we will provide the Services; and

'Services' means the installation service we will provide in connection with the construction project. The precise Services we will be providing to you will be stated in the quotation or order form and as we agree from time to time.

Entering into a legally binding contract

A contract between you and us will come into being in one of two ways:

when you sign the quotation or you/your agent confirm the booking in writing we and you will enter into a legally binding contract on the date you sign;

where you/your agent and we agree orally that we should provide the Services and/or the Goods then there will be a legally binding contract on the date of our oral agreement.

We suggest that before you sign the quotation or orally agree to us providing Services and Goods that you read through these terms and conditions. If you have any questions concerning them please ask us.

You should keep a copy of these terms and conditions for your records.

Providing the Services

Once we and you have entered into a legally binding contract we will normally start providing the Services to you at the specified Premises on a date agreed between us without further discussion with you. Occasionally the Services will be provided at some other date or time or be dependent on a number of factors.

Our aim is to always provide you with the Services:

using reasonable care and skill;

in compliance with commonly accepted practices and standards;

in compliance with relevant laws and regulations in force at the time we are carry out the Services.

Goods

You and we shall agree the Goods that you wish us to purchase (except where you have allowed us to decide what Goods to purchase).

Once it has been decided what Goods will be purchased for you or supplied to you it will not be possible for you to cancel or change what is purchased or supplied (except as you are permitted to do so under law).

Once the Goods are delivered to you at the specified Premises it will be your responsibility to look after the Goods (and no longer our responsibility to look after the Goods). If you delay delivery after we and you agree a date for delivery, then we will not be responsible for the Goods after the agreed date of delivery whether or not the Goods have been delivered (unless any damage which the Goods suffer is due to our negligence).

Where any Services need to be performed in relation to the Goods (such as installing the Goods, fitting the Goods or making them ready to be used) we assume that:

any supplies of such things as electricity, water, telephone and internet connection are available; and

existing systems, goods, wiring, pipes, electricity, gas, walls etc to which Goods are to be connected , added etc are in good working order and suitable for the installation, fitting or configuring of the Goods; and

if the Goods are to be connected to other goods or systems then such connection is suitable and permitted (either by the manufacturer or maker or by law).

Unless agreed otherwise, we will arrange for the Goods to be delivered to the Premises.

The Goods will be in accordance with statutory requirements, be of satisfactory quality, meet any description concerning them and be fit for the normal purposes. If there are particular purposes for which the Goods will be used then we need to be made aware of these before the Goods are ordered.

Days and times when we normally provide the Services and performance of Services away from the Premises

Unless we agree otherwise we will provide the Services on normal working days and start work no earlier than 8 am and finish work no later than 5 pm. A normal working day for us means Mondays to Fridays, excluding any bank or other national holidays.

The performance of some of the Services may take place away from the Premises. For example, we may be able only to carry out some of the activities in performing the Services other than at your Premises or when you are present.

Materials

At the time we perform the Services we may not have all the Materials we need to perform the Services. This may be for a number of reasons such as:

we have not provided an estimate and cannot reasonably establish what Materials are necessary until we start performing the Services; or

where we have provided an estimate, the need for particular Materials may not be reasonably possible to establish at the time we provide the estimate. The need for the particular Materials may only be revealed when we start performing the Services; or

whether or not we have provided an estimate, the condition of an item which is the subject of the Services may only become apparent when we start performing the Services and it was not reasonably possible to establish it until that point.

In such cases we may need to purchase Materials. If the Materials are available from a local supplier then we normally wish to travel to the supplier and purchase the Materials and return to continue performing the Services. If the Materials are not available from a local supplier we normally order the Materials and return to continue to perform the Services. We will not charge you for any time spent in obtaining Materials if we have brought or ordered the wrong Materials.

Timing

Our responsibility to perform the Services and deliver the Goods by particular dates

We aim to carry out the Services and the delivery of the Goods by the dates and times we either agree with you or notify to you. But we cannot guarantee or provide a firm commitment that:

we will start performing the Services by a specified date or time; or

we will complete the performance of all the Services by any specified date or time; or

the performance of any individual part of the Services will be completed by a specified date or time; or

the Goods will be delivered at the times or dates specified.

What can happen if we cannot start performing the Services or complete performing the Services

If we do not start or complete performing the Services within a reasonable period from the date(s) we have agreed or notified then you may either choose either to continue to wait until we can start performing the Services or complete performing them or you can cancel the contract.

Where we have started performing the Services and you decide you wish to cancel the contract you will only have to pay for any Services we have performed up to the date of cancellation and for any Goods and/or Materials which we have legal obligation to pay for. If you have made payment(s) to us in excess of the amount of Services we have performed or Goods and/or Materials we have purchased, we will return the difference to you within 28 days of cancellation.

What is a reasonable period of time depends on the type of Services we will be performing and the length of time they will take to perform. For example, if you and we believe that the Services will take only a few hours to perform, then if we fail to start performing the Services (eg several days) then you may have the right to cancel. But if the Services are due to take several days to perform, then if we fail to start to perform the Services after a couple of weeks when are due to or we do not perform the Services during a couple of weeks when we were due to, then in such circumstances you may be entitled to cancel the contract.

Situations or events outside our reasonable control

In addition, there are certain situations or events which occur which are not within our reasonable control (some examples are given in Paragraph 7.3.2 below) e.g. weather related delays. Where one of these occurs we will normally attempt to recommence performing the Services as soon the situation which has stopped us performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.

The following are examples or events or situations which are not within in our reasonable control:

where weather conditions make it impossible or unsafe for us to perform any of the Services;

if the Materials or Goods are not delivered on the date or at the time agreed with the supplier of the Materials and/or Goods (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time, or the price charged by the alternative supplier is excessively higher than by the original supplier if ordered at short notice);

where you make a change in the Services you wish us to perform (and this results in, for example, us having to do further work or wait for new or different Materials and/or Goods);

where we have to wait for other providers of services (who have been engaged by you) to complete their work before we are able to perform the Services (or the relevant part of the Services dependant on the other provider);

where we are unable to gain access to the Premises to carry out the Services at the times and dates we have agreed with you;

where the areas in the Premises have not be readied by you as we and you have agreed in order for us to perform the Services;

for other some unforeseen or unavoidable event or situation which is beyond our control.

If the delay in us recommencing performing the Services will be excessive then we will offer you the option of either:

continuing to wait until we are able to recommence performing the Services: if you are required to make any payments during this period (for example if we and you have agreed that you will pay us in staged amounts) then we will not require you to make any of the payments required until we are able to recommence performing the Services; or

allowing you cancel the contract: if you choose this option then you will only have to pay for any Services we have performed up to the date of cancellation and for any Materials and/or Goods which we have a legal obligation to pay for. If you have made payment(s) to us in excess of the amount of Services we have performed or Materials and/or Goods we have purchased, we will return the difference to you within 28 days of cancellation.

Quotations, estimates and payment

Our charges based on quotation

We normally charge for our Services on a quotation basis. Our rates for performing the Services are set out in our Quotation document provided to you after a site visit or remote consultation. In certain exceptional circumstances we may need to charge you a higher amount than stated in the quotation for instance when we start performing the Services, it becomes apparent that the quantity of Services we will need to perform or the type of work that is involved is different to what we agreed before we started performing the Services and we could not reasonably foresee this before we started performing the Services. In this case we will contact you to discuss the cost of additional work and/or materials.

Our charges based on an estimate

Estimates are normally valid for a period of 30 days from the date they are given.

If we provide an estimate we may need to charge you a higher amount than stated in the estimate. This can occur for a number of reasons, in particular where:

what you require us to do changes, or the amount of work or Services you require us to provide increases or is different to what we and you agreed before we started performing the Services [and as stated in the estimate]; or

when we start performing the Services, it becomes apparent that the quantity of Services we will need to perform or the type of work that is involved is different to what we agreed before we started performing the Services and we could not reasonably foresee this before we started performing the Services.

Where the amount of work involved is greater than that stated in an estimate (as set out in Paragraph 8.2.2 then following will happen:

if the amount of extra time we need to spend to complete performing the Services will mean that the extra amount payable by you will not exceed 10% of the amount stated in the estimate, then will carry on providing and completing the Services without contacting you and obtaining your agreement; or

otherwise we will not continue performing the Services and we will seek your approval to the extra amount that you will need to pay, unless:

it is not possible to contact you within a reasonable time; or

it is not safe not to carry out and finish performing the Services (for example, your goods or premises may be left in a dangerous condition or unprotected from theft if the Services are not completed).

Payment for the purchase of the Goods

You will need to pay for any Goods before or at the time we purchase or order them (plus the costs of delivery). For your information, most Goods we purchase will need to be paid for in advance of purchase or at the time of ordering.

When payment is required for the Services

Payment for our Services and the Materials are normally made in two ways, either:

at the time we complete performing the Services; or

in a number of staged payments, often involving:

the payment of a deposit of 50-60% before we commence performing the Services; and

the payment of the remaining amount we will be charging you either on completion of the Services or in a number of fixed payments paid a regular periods.

Which option we will use will be indicated on the quotation, order form or Payment Schedule document.

VAT

All amounts stated (whether orally or in writing) are exclusive of VAT, which will be added at the rate currently in force.

If you do not pay when required to

If you fail to make payment by the date or time we and you agree we may:

charge you interest at The Bank of England’s base interest rate plus 12% p.a. on any outstanding amounts if those outstanding amounts remain unpaid for more than 14 days from the date of our invoice or when we asked you first to pay them; and/or

if the amounts not paid represent more than 10% of the total value of the Services we are to perform for you and there remain some Services which we have not yet performed, then we may suspend performing the remaining Services until you make payment.

Ownership of goods

We shall own the goods until we have received payment in full from you, even though the goods may have been already delivered to you. Where you have paid by cheque or credit or debit card, 'payment in full' means that the funds have reached our bank account.

Where you seek to not pay amounts due to us

You will not refuse to pay any amount owing to us where there is only a minor or inconsequential defect or error in the performance of the Services. You will be entitled only to refuse to pay no more than a proportionate amount of any amount due.

Things you will need to do

If we are performing the Services at the Premises then you should:

make the areas where the Services are to be performed ready;

remove any items etc which will stop or hinder in the performance of the Services;

protect your items or possessions from the effects of us performing the Services; and

allow us to gain access to the Premises at the dates and times we and you have agreed we will perform the Services.

You will obtain all necessary consents, permissions and approvals before we start performing the Services.

You will make available domestic facilities at the Premises as we reasonably require.

Some restrictions and assumptions

We will assume that all information, measurements and facts ('Measurements') that you provide are accurate and true. We will not accept liability for any loss or damage caused where we reasonably perform our Services in reliance of these. We will be responsible for any Measurements we make or provide.

Exclusion and limitation of liability

We do not exclude or limit liability for our negligence or negligent omission which causes you personal injury or death.

We shall only be liable for any loss of damaged suffered by you which is reasonably foreseeable consequence of a breach of this Agreement. In the event that any loss or damage suffered by you relates to your business activities (or use of the Premises for commercial purposes) then we exclude all liability and in particular we exclude all liability for loss of profits or other economic loss arising of a breach of this contract.

Communicating with us

You can always telephone (our contact number is 0208 123 6971).

However, for important matters we suggest that you use writing and send any communications by email to info@itsgorgeous.com.

Cancellation by you

Once we and you enter into a binding contract you will normally not be able to cancel the contract, except where we agree or as otherwise provided for in this contract.

If we agree to cancel then you will be responsible for the cost of:

any of our time in performing the Services up to the date we stop providing the Services;

any Materials we are contractually committed to buying up to the date of termination (whether or not we need to pay for them before or after the date the contract between us and you is cancelled). Any Materials we have purchased (but not used in performing the Services) will be delivered to you.

In the circumstances stated in Clause 13.2 we will first deduct the amounts for which you are responsible from any deposit you have paid. Any remaining deposit will be returned to you. If the amount owing is greater than the deposit we will return invoice you for the amount in excess of the deposit.

If you:

purport to cancel the contract; or

give notice purporting to cancel; or

otherwise do not fulfil your obligations (such as by not paying any sums due to be paid to us) in a way which amounts to you cancelling the contract,

we do not have to accept your cancellation except as provided in Clause 13.2 or as otherwise provided for in this contract. However, we may choose to accept cancellation, and if we choose to do so you will be required to pay to us a reasonable amount for the losses and costs (including loss of profit) we have suffered. If you have paid a deposit, this will be retained and if our reasonable losses and costs (including loss of profit) are greater than the deposit we have retained we will require you to pay for our losses and costs in excess of the deposit retained.

Amendments to the contract terms and conditions

We will have the right to amend the terms and conditions of this contract where:

we need to do so in order to comply with changes in the law or for regulatory reasons; or

we are changing the rates we charge for the provision of Services as provided for in Clause 8;

we need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long such correction is minor and does not materially affect the contract.

Where we are making any amendment we will give you 7 days' prior notice (unless the contract is terminated before that period).

Contacting each other

If you wish to send us any notice or letter then it needs to be sent to 44a Dornton Road, SW129NE and should be marked for the attention of Simply Fences Ltd. Customer Relations. If we wish to send you a letter or notice we will use the address you have given and that is contained in the Quotation document or Payment Summary document.

Contracts (Rights of Third Parties) Act 1999

For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

Law and jurisdiction

This contract shall be governed and construed by the law of England and you and we agree to submit to the jurisdiction of the courts of England and Wales.