Means the person signing overleaf (and if more than one, both or all of you: your obligations being as individuals and together);
“us” and “we”
Means Awningsouth Limited;
Means the items specified overleaf;
Means the place where the goods are to be fitted (as specified overleaf);
Means the person we contract to fit the goods.
PLEASE READ THIS CONTRACT CAREFULLY AS WE WILL RELY ON THE TERMS SET OUT HERE AND OVERLEAF AND NEITHER WE NOR YOU CAN ALTER THEM WITHOUT THE AGREEMENT OF THE OTHER.
1. We agree to supply and fit the goods at the site, unless it is stated otherwise on the invoice.
2. We will try to fulfil our obligations under this contract within a reasonable time frame. However, any fitting date we give is a guide only and is based upon information given by you and other information known to us at the time. We cannot be held liable for delay or failure to complete the works caused by events beyond our reasonable control. In those cases, we will complete the work as soon as reasonably possible.
3. If we have agreed with you to arrange for the goods to be fitted, the following applies:
a. To make sure that the fitter has access to the site at reasonable times (between 8.00am and 6.00pm on weekdays) or otherwise as agreed by you and us;
b. That you will not make any material alterations to areas the awning or canopy has been agreed to be fitted, and that in particular you have not installed, relocated or removed any fixed items that you have not told us about before we entered into the contract;
c. To provide reasonable access to the room to be fitted (ladder access is not acceptable), to clear the room to provide sufficient working space for the fitter and co-operate in reducing health and safety risks to an acceptable level.
d. If you wish to cancel or postpone your fitting date within 7 working days of the installation date, we will incur costs therefore cancellation or postponement may be subject to a £150 charge.
4. Unless we have specifically mentioned otherwise costs are inclusive of home visit, survey, installation. VAT has been included in all our fees and charges at the applicable rate. VAT will be amended immediately if the rate of Value Added Tax changes. Registered VAT Number:279672053.
5. All our awning products are of a satisfactory quality; paint matches are to common known RAL colours.
6. Under the Consumer Contracts Regulation you are not automatically entitled to cancel made to measure items, of which all awnings are custom designed. We do however offer a goodwill policy, if you do wish to cancel, please notify us as soon as possible in writing and we will consider agreeing, but we estimate we will incur the following charges;
i. if we have started manufacturing the goods, 50% of the contract price;
ii. if we have completed manufacture of the goods, 75% of the contract price;
iii. any sum remaining unpaid after the date it became due will attract interest at a rate of 3% above the base rate of National Westminster Bank plc.
If you wish to cancel the contract you must do so in writing and deliver personally, by post (proof of postage required) or electronic mail to the contact details: firstname.lastname@example.org or 11 Portland Street, Southampton SO14 7EB.
7. Our Right to Cancel Your Order
Awningsouth have the right to cancel your order. Awningsouth would notify you of this by email, no discounts or compensation can be offered under these unforeseen circumstances.
8. The legal ownership of the goods will not pass to you until you have paid all of the money you owe us whether under this agreement or otherwise. You are responsible for the goods as soon as they are delivered to the site and we advise you to check your household insurance to ensure that you are covered.
9. This contract will end if you become bankrupt or otherwise insolvent or make any arrangement with people you owe money to, in which case we will only carry out work we have started and which has been paid for.
10. We guarantee goods that we have supplied against defects in manufacturing or installation for 3 years after the completion of the work. This guarantee will only apply if:
i. you do not owe us any money under the contract;
ii. you have properly cared for and used the goods and followed any instructions provided by us;
iii. you write to us as soon as is reasonably practicable after discovering a problem that you wish to claim under the guarantee;
iv. you do not move the goods without our prior written consent.
We shall, at our discretion and taking into account fair wear and tear, repair, replace or re-install the goods. Should your claim be the result of fair wear and tear or damage, or if the installation is outside the 3-year Warranty period, there will be a £50.00 (payable at the time of the visit) call-out charge in addition to our then current price for repair and/or cost of any materials used.
AS A CONSUMER YOU HAVE STATUTORY PROTECTION REGARDING FAULTY OR MISDESCRIBED GOODS OR INADEQUATE SERVICES SUCH AS INSTALLATION. THESE TERMS DO NOT AFFECT THOSE RIGHTS.
11. Payment Terms
a. All prices quoted are subject to a final survey being completed on site.
b. Quotations are valid for a period of 90 days from issue.
c. Installation will take place approximately 4-6 weeks after final survey.
d. Payment of 50% of the full cost must be made in order to secure the order, whereby a final survey will be completed, and awnings ordered.
e. Full payment is due no later than 5 working days before installation date. Failure to pay on time could delay your installation. Invoices for this are sent out two weeks prior to installation.
f. Payment made by credit or debit card will incur a 2.75% charge. This will be waived from the deposit only, if paid at the same time the final survey is completed. Our preferred payment method is by BAC’s transfer – BAC’s payments are to be sent to Sort Code: 404218 Account Number: 92893819
12. This agreement is made under English law.
- None of the material on this website may be published, broadcast, re-written or re-distributed in any form without the expressed written permission of awningsouth Ltd or the copyright holder of the material. However, any person is hereby authorised to view, copy, and print any document(s) or image(s) published by awningsouth Ltd on its www server or any other published source provided that: Reference to awningsouth is made when the document(s) or image(s) is used, as follows: ©2012 awningsouth.
- The document is used for informational purposes only.
- The document is used for personal and non-commercial purposes only.
- The document will not be copied or posted on any network computer or broadcast in any media.
- No modifications of any documents are made.
- Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Note that any product, process or technology described in a document on this server may be subject of other Intellectual Property Rights reserved by awningsouth and not licensed hereunder.
Any information we collect from you is only for the use of awningsouth Ltd, we may use this information to contact you with any future products, offers or related websites within our company. However, this will not be given to any third parties. If you wish to be removed from any of our mailing lists, please email our marketing team at email@example.com and put UNSUBSCRIBE in the email header.
Registered number: 09439624. Registered office: 11, Portland Street, Southampton, SO14 7EB.