Terms And Conditions

ColeRoberts Ltd Terms and Conditions of Sale

Please familiarise yourself with the points below. This is a full version of our full terms and conditions of sale and by acknowledging these you and by agreeing to the terms & conditions from ColeRoberts Ltd

This contract and the enclosed terms of business represent the whole agreement between the parties and can only be varied by written agreement signed by each of us expressly referring to this contract.

1. CHARGES

a) All rates and fees will list the NET value and VAT separately.

b) We reserve the right to review and modify fees periodically as service provision changes.

2. STANDARD TERMS OF PAYMENT

a) ColeRoberts Ltd invoices must be paid immediately upon receipt or order unless subject to credit terms as specified in your offer and you will indemnify ColeRoberts Ltd in full in respect of any third-party expenses suffered or incurred by ColeRoberts Ltd pursuant to your instructions.

b) A 100% deposit is required on receipt of any order, prior to the delivery or collection of goods and/or installation unless specified.

c) ColeRoberts Ltd requests BACS transfers for all payments over £1000. For any payments under £1000, we can accept Credit or Debit Cards, Cash or Bankers Draught. We do not accept any personal cheques.

d) A professional fee is mandatory on each project. Details of all professional fees are available instore or on our website.

e) Invoices will be paid by you (without any deduction) by way of set-off or counter claim or otherwise as follows:

f) Service initiation (setup) – immediately payable upon receipt of invoice.

g) For any services where a contractor or supplier requires payment before work commences, our invoice covering the same shall be paid in full 14 workings days before work commences.

h) Exceptional out of pocket expenses will be charged at cost. These include air and rail fares, hotels and living expenses. Car travel will be charged at AA rates (but agreed with you beforehand). Normal office disbursements such as post, telephone and fax will not be charged.

i) You will remain wholly responsible for paying all building and development costs directly with suppliers, unless included in your pre-agreed contract with ColeRoberts Ltd.

j) For none credit purchase a non-refundable 25% deposit is required upon order to secure the purchase of whole rooms. For credit purchases a non-refundable deposit of 50% is required upon order to secure the purchase of whole rooms. ColeRoberts Ltd can hold this deposit for up to one year to reserve goods, fitting and ColeRoberts Ltd services. ColeRoberts Ltd reserve the right to request a deposit on all orders before purchasing products for you (the customer).

k) Design Only Services are charged after each piece of work (or amendments) are completed. You will be provided an estimate of the number of hours and cost in advance, which you must agree in writing (by email) before the work can commence. Once you have paid for the design (in full) the files will be electronically transferred to you.

l) On receipt of order this means you are agreeing to all terms and conditions laid out from ColeRoberts Ltd.

m) Any delay that occurs not caused by ColeRoberts Ltd will not affect that the balance will still be due 2 weeks prior to the original agreed date of delivery.

3. CHANGES AND/OR CANCELLATION OF AGREED PROJECTS AND BESPOKE ITEMS

a) In the event of change or cancellation, we reserve the right to charge you for all costs of complying with your request, which may include our expenses, production costs, cancellation fees, and our fees in respect of such plans, schedules and any work-in-progress. In cases where the cancelation was not due to any fault on the part of ColeRoberts Ltd (for example where you changed your mind); we also reserve the right to charge you for our time in preparation of surveys, presentations and consultations, invoices and meetings that were incurred prior to the cancellation date. ColeRoberts Ltd reserve the right to charge a 40% restocking fee on all orders, items and services. ColeRoberts Ltd cannot guarantee delivery to site further than the kerbside. Any delivery which exceeds this is an act of good will and ColeRoberts Ltd are not liable for any damage to goods beyond this delivery point.

b) At no point can a bespoke item be returned, cancelled or refunded; only additional items can be purchased. If items are ordered and subsequently the specifications of the room or project changes, ColeRoberts Ltd will not refund the value or carry the cost of sourcing and supplying replacement products.

4. CREDIT INSURANCE

a) We reserve the right to take out insurance against perceived credit risks and all our clients must be acceptable to our insurers. In the event of our insurers revising or withdrawing the normal insurance cover in respect of you, we may revise our terms of payment and may require payment in advance. We also reserve the right to credit check all customers being offered credit, in particular customers securing work with a deposit. ColeRoberts Ltd also reserve the right to demand payment upfront at any point during the project.

c) Any queries in respect of an invoice must be raised within 7 days of the date of the invoice. After this date it will be deemed that the invoice has been accepted by you.

5. INTELLECTUAL PROPERTY (INCLUDING COPYRIGHT) AND USE OF LOGOS/CLIENT DETAILS IN MARKETING MATERIALS OR CASE STUDIES

a) The intellectual property rights (including, where appropriate, copyright and design rights) in all works created or commissioned by us and used under this agreement shall be vested in us until full payment is made. The ownership will then pass to you in full except where identified in the following sub-clauses.

b) We reserve the rights to use your design images and project photos in our marketing material, PR, website or portfolio; unless we have agreed a mutual NDA. We will include your results in our case studies unless agreed otherwise beforehand. We will provide a copy of the any text or results for you to approve prior to publishing.

c) ColeRoberts Ltd reserve the right to photograph projects during and after the installation for their records including but not limited to portfolio purposes.

7. SERVICE GUARANTEES

a) We cannot accept responsibility for any variation in the performance of your renovation due to seasonality, competitor activity, design and usability and other conditions outside our control. Delays may also hold up later phases of the project. In such cases when you or your fitter have held up the progress of a project; ColeRoberts Ltd will not accept responsibility or offer compensation.

b) Any information provided regarding lead times is purely estimated and is not established until we receive a confirmation of the order from the supplier

c) ColeRoberts Ltd are not held responsible for a fit or project being delayed due to unforeseen circumstances or reasons out of their control.

d) Any subsequent storage charges not incurred by ColeRoberts Ltd are rechargeable.

e) ColeRoberts Ltd reserve the right to place kerbside adverts for their own services outside the site.

f) Suitable access must be made for all deliveries and all installation work.

g) All subcontracted work is covered by full public liability insurance. All ColeRoberts Ltd installations are covered by a 12-month fitting guarantee to cover faulty workmanship.

h) A full manufacturer’s warranty will apply to products provided. ColeRoberts Ltd cannot be held responsible for any faulty or damaged products, in or out of their guarantee.

i) Any unforeseen works or costs discovered during installation will be charged to the customer immediately.

j) Where a third party is used, they will be solely liable for any cosmetic damage during delivery or installation, all cosmetic damage to appliances must be reported within 24 hours. All subcontracted work is covered by full public liability insurance.

8. PERFORMANCE GUARANTEES

a) If Delivery is made into a room deemed by ColeRoberts Ltd as unsuitable but on the customers insistence, the client will acknowledge that all product guarantees will become null and void.

b) We cannot accept responsibility for any variation in the performance of your renovation due to seasonality, competitor activity, design and usability and other conditions outside our control. Delays may also hold up later phases of the project. In such cases when you or your fitter have held up the progress of a project; ColeRoberts Ltd will not accept responsibility or offer compensation.

c) ColeRoberts Ltd are not held responsible for a fit or project being delayed due to unforeseen circumstances or reasons out of their control.

d) ColeRoberts Ltd reserve the right to place kerbside adverts for their own services outside the site.

e) All subcontracted work is covered by full public liability insurance. All ColeRoberts Ltd installations are covered by a 12-month fitting guarantee to cover faulty workmanship

f) ColeRoberts Ltd will not be held responsible for any faulty or damaged products, in or out of their guarantee. Any grievances are to be resolved directly with the manufacturer. Product guarantee does not extend to include any fitting costs to replace any product.

g) If ColeRoberts Ltd have not taken measurements for any sundry items, bulk items, or whole room projects, all liability for any items which do not fit or solve is held with the party responsible for taking the measurements.

h) Any extra works undertaken by fitters during the installation process must be preapproved by ColeRoberts Ltd and signed off directly. Any works or products supplied outside of this will not be liable to ColeRoberts Ltd. All subcontracted work is covered by full public liability insurance.

i) The customer must make provision on site for suitable access for delivery or collection of any items, for both logistics teams and installation teams.

8. LEGAL LIABILITY

a) You shall be responsible for checking any material submitted by us to you for approval in connection with any product or service delivered and you shall approve such material or notify us if any such material is unwanted, false or misleading or is in any way contrary to law or any applicable UK or EU regulation or law.

b) We shall not be liable for any delay in omission of fault in the absence of any serious default or neglect on our part.

c) You shall indemnify us in respect of all costs, damages, or other charges falling upon us as a result of any legal action or threatened legal action brought against us arising from the project prepared for you by us and approved or deemed approved by you before the project commencement.

d) We shall not be liable for any costs, loss or damage arising from our failure to fulfil our obligations where failure results from circumstances wholly or in part beyond our control including, for example, inclement weather, industrial action, power failure, etc. We advise you to take out appropriate insurance cover when necessary.

e) We shall not be liable for any (i) loss of profit (whether direct or indirect); (ii) loss of business; (iii) depletion of goodwill and/or similar losses; (iv) loss of contract; (v) loss or corruption of data or information; or (vi) special, indirect consequential or pure economic loss, costs, damages, charges or expenses.

f) Our entire liability in contract, (including negligence and breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with this contract shall not exceed the associated fees and/or charges received by us under this contract.

9. DELAYS

Regardless of any delays (that are not caused by ColeRoberts Ltd), the balance will still be required 2 weeks prior to the original delivery date.
1. For newly constructed sites, ColeRoberts Ltd will require a survey of the site 2 weeks prior to delivery, along with the Home Owner and the Contractor. If the site does not appear to be suitable i.e plastering not drying, room not weather tight, wet brick work, tiles not completed; delivery will be delayed and will be rearranged at ColeRoberts’ earliest convenience once the site is suitable for delivery. However, the previously agreed installation date can’t be guaranteed.
1. If a delay for installation or delivery occurs. The customer will be liable for any additional delivery or storage cost. If a delivery is missed the customer is liable for the cost of additional delivery and storage.

10. DATA PROTECTION

a) You shall ensure that any mailing list, database or other personal data supplied to us by you shall comply with all legislation in force from time to time including without limitation the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003. You shall ensure that such mailing list, database or other personal data shall include only data which may be used (in accordance with all relevant legislation) for the purpose for which such mailing list, database or other personal data has been supplied.

b) You shall indemnify us in full against any claim that the passing to us or our use of any mailing list, database or other personal data supplied by you in accordance with the clause above is in breach of any legislation in force from time to time.

11. CONFIDENTIALITY

a) Both parties shall keep in strict confidence all ideas, concepts which are proposed in connection with our engagement or project together with all technical or commercial know-how, specifications, processes or initiatives which are of a confidential nature and which either party has disclosed to each other, and any other confidential information concerning either party’s business or services.

b) Nothing in this agreement shall affect either party’s right to use as they see fit any general marketing or advertising intelligence which is gained in the course of the engagement or project.

12. NON-SOLICITATION, LAW & JURISDICTION

a) You agree that you will not, either on your own account or in association with any other person, firm, company or organisation or otherwise and whether directly or indirectly solicit or entice away or attempt to solicit or entice away any employee of ours who has worked on any project or service delivery for you in the previous 12 months.

b) The construction and performance of this agreement shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales to resolve any disputes between them.

14. GENERAL

a) Force majeure: If a party is obstructed in performing any of its obligations by an event outside its reasonable control, then performance to the extent obstructed is suspended for so long as the obstruction continues. Whilst performance has been suspended for more than 7 days, either party may terminate the Contract by immediate written notice without prejudice.

b) Waiver: Failure to enforce any of these terms is not a waiver of a party’s rights and shall not prejudice its rights to take action in respect of the same or any later breach.

c) Severability: Any part of a Term which is wholly or partially void, invalid, or unenforceable shall be severed from the remainder (which remains enforceable).

d) Notices: Any notice to be given by either party to the other shall be in writing, may be sent by recorded delivery, and shall be deemed served 2 days after posting.