Terms & Conditions
Please read all these terms and conditions.
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 03301242616.
- These terms and conditions will apply to the purchase of the services advertised on our website, catalogues, brochures or other forms of advertisement
- We are Industrial Painting Contractors Ltd a company registered in England and Wales under the number 10465644 whose registered office is at Fairgate House, 205 Kings Rd, West Midlands, B11 2AA with email address firstname.lastname@example.org; telephone number 03301242616
- 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
- Consumer means an individual acting for the purpose which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the supply of the service;
- Delivery Location means the suppliers premises or other location where the services are to be supplied, as set out in the order.
- Goods means any goods that we supply to you with the service, of the number and description as set out in the order;
- Order means the customer’s order for the service from the supplier as set out in the order;
- Service means the services, including any goods, of the number and description set out in the order.
- The description of the service and any goods is as set out in in our website, catalogues, brochures or other form of advertisement.
- in the case of service and any goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All services are subjected to availability.
13.We can make changes to the service which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- 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).
- Failure to comply with the above is a customer default which entitles us to suspend performance of the service 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.
Basis of Sale
- The description of the service and any goods in our website, catalogues, brochures or other form of advertisement. Does not constitute a contractual offer to sell the service or goods.
- When an order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
- A contract will be formed for the service 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 service to the customer.
- Any quotation or estimate of fees (as defined below) is valid for a maximum of 60 days from its date, unless we expressly withdraw it at an earlier time.
20.No variations of the contract, whether about the description of the service, 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.
- We intend that these terms and conditions apply only to a contract entered into by you as a customer where we, the supplier and you the customer, enter the contract at any of the suppliers business premises, and where the contract is not a contract (i) for which an offer was made by the customer in the suppliers and the customers simultaneous physical presence away from those premises or (ii) made immediately after the customer was personally and individually addressed in the suppliers and the customers 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 customer 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.
Fees and payments
22.The fees for each type of (if applicable) the service, the price of any goods (if not included in the fee) and any additional charges is that set out in our price list current at the date of the order or such other prices as we agree in writing.
- Fees and charges do not include VAT
- You must pay by bank transfer cash and cheques are not accepted. Payment terms are subject to a credit check we may ask for a deposit, details of terms will be set out in the contract.
Withdrawal and cancellation
- 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.
26.You can cancel the contract except for any Goods which are made to your special requirements by telling us no later than 7 calendar days from the day the contract was entered into.
Conformity and Guarantee.
- We will supply the service with reasonable skill and care.
- In relation to the service, anything we say or written 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 service after entering the 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).
Duration, termination and suspension
- The contract continues as long as it takes us to perform the service.
- Either you or we may terminate the contract or suspend the service at any time by writing notice of termination or suspension to the other if that other:
- 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 30 days of the written notice; or
- is subject to any step towards its bankruptcy or liquidation.
- On termination of the contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and Sub-contractors
- 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-contractor who it chooses to help preform its duties.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond it reasonable control:
- the party will advise the other properly as soon as reasonably practicable; and
- the party’s obligations will be extended 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 Customers above rights.
33.We do not exclude liability for: (i) any fraudulent act or omission; (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 (e.g. loss of profit) to your business, trade, craft or profession which would not be suffered by the customer- because we believe you are not buying the service and goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
- The contract (including any non-contractual matters) is governed by the law of England and Wales.
- 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 respectively Scotland or Northern Ireland.
36. We try to avoid any dispute, so we deal with complaints as follows: The customer should contact us to find a solution. We aim to respond within 5 working days