As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 07368 592 862.
1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).
2. Day and Dunn Limited (Company No: 12443998) of Avery House, 8 Avery Hill Road, New Eltham, London, SE9 2BD with email address email@example.com; (the Supplier or us or we).
3. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
4. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
5. Contract means the legally-binding agreement between you and us for the supply of the Services;
6. Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order;
7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
8. Order means the Customer's order for the Services from the Supplier as set out in the Customer's order or in the Customer's written acceptance of the Supplier's quotation;
9. Services means the services, including any Goods, of the number and description set out in the Order.
10. The description of the Services and any Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of any Goods supplied.
11. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
12. All Services are subject to availability.
13. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
14. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed)
15. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
16. The description of the Services and any Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services or Goods.
17. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
18. A Contract will be formed for the Services ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or, if earlier, the Supplier's delivery of the Services to the Customer.
19. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
20. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
21. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier's business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier's and the Customer's simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier's and the Customer's simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.
22. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
23. Fees and charges include VAT at the rate applicable at the time of the Order
24. Payment for Services must be made at least 1 day in advance of delivery. You must pay in cash or by BACS transfer, with 50% of the total amount agreed before delivery of the Services and 50% upon first issue of design drawings. All amendments outside the initial scope will be charged at £50 per amendment – any additional charges will be submitted to You in writing for acceptance prior to delivery, should you decide not to accept these additional charges, the Services will not be carried out.
25. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or,
failing any agreement:
a. in the case of Services, within a reasonable time; and
b. in the case of Goods, without undue delay and, in any event, not more than 90 calendar days from the day on which the Contract is entered into.
26. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
27. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any
other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
29. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or allow us to collect them from you and we will pay the costs of this.
30. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
31. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
32. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
33. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
34. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
35. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
36. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
37. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
38. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
39. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
40. It is not a failure to conform if the failure has its origin in your materials.
41. We will supply the Services with reasonable skill and care.
42. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
43. The Contract continues as long as it takes us to perform the Services.
44. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or
suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 90 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.
45. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
46. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
47. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery.
48. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
49. We do not accept any consequential losses that are as a result of any part of our Services.
50. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
51. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.
52. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 14 days. Contact can be made via email: firstname.lastname@example.org
53. We will note enumerate each and every minor item or defect within the property but comment upon the overall condition of the property and its significance pursuant to your instruction / brief to us. We will include comment in our reporting upon the principal elements of the property together with general remarks online in relation to finishes, services, lightweight or temporary structures unless specified to the contrary by us.
We will not inspect any parts of the property which are covered, unexposed, or inaccessible. We will not unscrew, denial or unlock any fixed elements. We will advise you as to the extent of our inspection once undertaken and any areas that could not be inspected.
We will not take any samples or materials or components for analysis. Accordingly, we will be unable to report that such parts are entirely free from defects.
We will inspect form ground level only or from upper storey windows, unless we consider suitable and safely accessible vantage points can be obtained to view high level areas such as roofs, chimneys etc. We will not provide access equipment such as ladders, mechanical lifts such as scissors lifts or Mobile Elevated Working Platforms as part of our inspection but can arrange these if requested at additional cost.
We may make comments on potential easements, rights of way support or boundary related matters where these are immediately physically apparent or suspected from our site inspection to assist in tour legal due diligence however your solicitors are expected to determine through their enquiries all relevant subsisting leases rights granted excepted and reserved including covenants easements, way leaves and the likes. We will not comment on rights to light which requires specialist independent assessment.
54. Services include the drainage (Public Health) installations will be inspected visually where accessible but our inspection comments are limited to visual observations only and no tests will be applied.
Budget Estimates Generally including Cost Analysis packages
55. Reference should be made to the specific comments within our advice in regard to budget estimates however the
following general comments apply to all budget estimates or cost analysis packages provided;
a. Estimates are indicative and for budget guidance only and are based upon current priced and no adjustment will be made for future inflation. Estimates are not based upon contractors quotations of fully defined scope of works and exclude specialist remedial works or investigations unless other than where stated. b. Where commenting upon dilapidation liabilities, we will not include for any loss of rent, service charge, interest or other heads of claims, unless otherwise stated.
c. Estimates do not include VAT or Professional fees unless otherwise stated.
d. We are not able to give advice in respect of property values.
56. We will not under any circumstances take detailed measurements but may in certain circumstances take approximate measurements to assist with our design, reporting and assessment. Any measurements taken cannot be relied upon for accuracy and are no substitute for a detailed measurement by a professional experienced in and familiar with the current edition of the Royal Institution of Chartered Surveyors Code of Measuring Practice.
57. Any report or advice prepared by us is for the sole benefit of you, and accordingly cannot be used or relied on by any other person or entity for any other purpose and no responsibility duty of care or liability whatsoever is or will be accepted by us or any of our members employees or consultants to any third party.
58. Unless detailed to the contrary in our proposal letter we are able to provide Professional Indemnity Insurance to a maximum liability for each instruction of £250,000 of any One Claim. An increase in cover may be negotiable, subject to our insurers consent, but may be subject to a premium charge. A copy of our PI Certificate is available upon request.