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 overleaf.
2. We will try to fulfil our obligations under this contract within a reasonable time. 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 8.30am and 6.30pm 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 carry out installation, to clear the area and 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 seven working days of the due date, we will incur costs therefore cancellation or postponement may be subject to a £50 charge.
4. Unless we have specifically mentioned otherwise cost are inclusive of home visit, survey and installation.
5. All our awning products are of a satisfactory quality, paint matches are to common known RAL colours.
6. You have the right to cancel this contract within seven days. Under the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008, you have a right to cancel this contract within seven days from the date of signing the contract.
If you wish to cancel this contract you MUST DO SO IN WRITING and deliver personally or send (which may be by electronic mail) this to the contact details below:
email@example.com, or 5, West Central, 20 Portland Street, Southampton SO14 7BH.
Your notice of cancellation is deemed served as soon as it is posted; if sent electronically then it is deemed as served on the day it was sent. Please note that although you have a right to cancel within seven days. you will be required to pay for any goods and services that we supply with your written agreement prior to that date.
7. If you ask to cancel the contract, after the seven day period set out in paragraph 6 above, we will consider agreeing, but we estimate that we will incur the following costs, and cancellation shall be subject to you paying the following charges within seven days of us notifying you of the accepted cancellation;
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.
8. Our Right To Cancel Your Order
awningsouth have the right to cancel your order, if awningsouth would notify you of this by email and no discounts or compensation can be offered under this unforeseen circumstances.
9. 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.
10. 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.
11. 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.
12. This agreement is made under English law.
13. Payment Terms
50% of total price deposit with order, with the balance to be paid to the fitter on completion.
Special Offers Terms & Conditions
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