Bespoke Services Terms and Conditions
General
These Terms and Conditions will be incorporated into all contracts between Pat Giddens Ltd trading as The Hackney Draper (‘the Company’) company registration no 4694852 whose registered office is at 15 Regent St, London NW10 5JU and any person firm or other organization (“the Client”) for the supply to the Client of Goods and/or Services. References to “Goods” in these Terms and Conditions means the products dealt in by the Company and the “Services” means services carried out by the Company and which are the goods and/or services which are the subject of the Contract. Reference to “the Contract” means the contract made between the parties for the supply of the Goods and/or Services which includes the Company estimate and invoice and any other document upon which the Contract is based.
If any provision of these Terms and Conditions shall be held to be invalid, illegal or unenforceable in whole or in part such provision shall to that extent be deemed not to form part of these Terms and Conditions but the enforceability of the remainder of these Terms and Conditions shall not be affected.
Contract
Any estimate or proposal submitted by the Company does not constitute an offer capable of binding the Company and no Contract shall come into effect until the Company has received the full payment from the Client.
Price
The price for any Goods and/or Services ordered by the Client will be the price shown on the quotation or proposal and will be subject to all taxes applicable from time to time unless otherwise stated. Delivery charges where applicable will be shown on the estimate or invoice.
The Company reserves the right to increase the price for Goods and/or Services where such increase is due to any factor caused by the Client and/or where any increase is caused by material information not being disclosed to the Company by the Client at the point of quotation whether or not the Client was aware of such material information at that time.
The Company reserves the right to increase the cost of Goods and/or Services in the event of increased costs arising from but not limited to legislative changes during the course of the Contract and other circumstances leading to amendments in the objectives and outcomes of the Client. Any amendments to the price charged for Goods and/or Services contained in the estimate will be agreed with and notified to the Client in writing.
The Client may instruct the Company in writing to make a change to the content of the Goods and/or Services being provided by the Company or to delay some part. If such change will result in an increase in the cost of Goods and/or Services the company will notify the Client in writing of the same before commencing with the agreed alterations. If the increase in price is significant a further sum by way of initial payment will become due immediately and payable on submission of the Company’s invoice.
Expenses
Where applicable, expenses will be agreed by the Company with the Client and detailed on the estimate or in a separate written document.
Payment
Payment terms will be specified on the Company’s estimate and invoice.
Legal title to the Goods shall not pass to the Client until payment has been received in full.
Site Visit and Fitting Charges
The Company requires a site visit to be conducted by a company representative before production of the Goods. The site visit charge is £125+ VAT. This charge is deducted from the total cost of the Goods and/or Services should the Client proceed with the project. Should the total cost of the Goods and/or Services be less than £750+VAT (excluding fitting) the site visit charge is not eligible for deduction.
Fitting fees are charged per item, the minimum call out fee is £120+ VAT. A failed fitting fee charge may be charged to the Client should the Client cancel within 3 working days of the fitting time.
Delivery
The Company will endeavour to deliver the Goods and/or Services in accordance with the timescales outlined to the Client. Where it is not possible to adhere to the timescales for any reason whatsoever the Company will notify the Client.
If overtime is requested by the Client in order to complete installation by the specific date, such overtime charges will be paid for by the Client.
The premises must be in good order and ready to receive the Ordered Goods. Any lost installation time due to adverse job site conditions, will be payable by the Client.
Cancellation & Termination
Owing to the production process, no cancellations in whole or in part will be accepted. Any order changes in terms of quality, size, colour or design may affect the delivery.
The Company reserves the right to cancel any contract with a Client who goes into insolvent liquidation or enters bankruptcy.
The Company shall be entitled to terminate any Contract forthwith in the event of the Client committing a serious or persistent breach of these Terms and Conditions and (if such breach shall be capable of remedy) shall have failed to remedy the same within 14 days of the date of a written notice to do so.
Force Majeure
The Company shall not be liable in any manner whatsoever for any breach of contract or delay in performance of its obligations insofar as such breach or delay arises by reason of circumstances beyond its reasonable control including without limitation governmental actions, events resulting in a Foreign and Commonwealth Office travel warning, war or national emergency, riot, civil commotion, fire, explosion, flood volcanic eruption, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Company’s workforce).
Health & Safety
The Company is required to comply with relevant Health & Safety Regulations in the manufacture supply and fitting of its Goods. The Client will be advised where the result of such regulations leads to the need for more delicate handling of Goods supplied. The Company will not be liable for damage and breakages as a result of the Client not respecting such requirements.
The Company advises that its employees must comply with Health & Safety regulations at all times and the Client cannot ask or instruct Company employees to do anything that is in breach of such regulations.
Non-Disclosure
The Company undertakes to keep confidential all information provided by the Client.
Warranty and Liability
The Company warrants that it will supply the Goods and perform the Services substantially in accordance with the Contract as previously defined, and with reasonable skill care and judgement and shall use its best endeavours to deliver the Services in a professional manner and in accordance with industry practices and norms. The Client warrants to treat the Company’s employees with dignity and respect at all times.
The Company accepts no liability for Goods or Services provided or installed by the Client or by third party suppliers nor shall the Company be liable for errors in measurements where such measurements were taken and supplied by the Client.
The Company’s hand produced goods are subject to some variations in manufacture. Any Ordered Goods are warranted to be as described except that they may contain some variations and may not conform exactly to any drawings, sketches or samples provided.
All Ordered Goods with the inclusion of fabrics are to be noted that some fabrics may exhibit some pile crushing, shading, watermarking or snagging and these appearances are not to be deemed as manufacturing defects and shall not be deemed nonconforming.
Any variation in fabric over time is part of the natural fluctuation of individual fabrics within individual settings and subject to temperature, humidity and sunlight. Should any alterations be required owing to changes in fabric length or appearance over time the Company is not liable for these and if requested by the Client these are treated as a new Order at the Client’s cost.
When quoting for poles and tracks we will make our best assessment of the wall or ceiling suitability in a non-intrusive manner. However, at the point of fitting into the interior structure, if the wall or ceiling is found unsuitable at the point of installation, (for example soft in places owing to structure), it may be necessary for the Client to arrange for strengthening by their own contractor, or another agreed solution to make the wall or ceiling suitable to accept the pole or track fixings. This is the responsibility of the Client, along with any repeat fittings required to re-hang the poles or tracks. Occasionally it may be necessary to move or change the fixings during fittings. Whilst we will carry out the fitting as carefully as possible, any paint touch-ups required for unused fixing points are the responsibility of the Client.
If the Client feels that the finishing level of the curtain/roman/roller is not as agreed this should be notified to the fitter before he leaves or to the Company not later than 1 working week after the fitting is completed. Any adjustments requested after this date will be the responsibility of the Client.
Other claims including claims for non-delivery or for failure of the ordered Goods to conform to the Order must be made to the Company no later than 1 working week from the fitting date.
The Client is responsible for the correct and careful use of any headrail and chain sidewinder fitted in relation to Roman or Roller blinds, and of the cords for all Romans, whether operated by a traditional corded batten or a headrail. Any visits requested to repair blinds after their initial fitting are chargeable to the Client, subject to the minimum call out fee described above.
Unless specified by the Client in writing at the time of payment of invoice, no remnants left over from the making of the curtains will be forwarded to the Client.
In no event shall the Company’s liability exceed the actual cost of the Ordered Goods.
The Company shall not be liable to the Client for any loss of profit, loss of use, loss of production, loss of contracts or for any financial or economic loss or for any indirect or consequential damage whatsoever that may be suffered by the Client during the term of the Contract.
The Company’s salesperson may have made oral statements about the Ordered Goods. Such statements do not constitute warranties, shall not be relied upon by the Client and are not part of this agreement.
Waiver of any terms of sale by the Company shall not constitute nor be construed as an agreement to waive any other provision, nor shall a waiver constitute a future waiver.
Dispute Resolution
The laws of England shall apply to this Contract. The parties to the contract agreed to submit to the exclusive jurisdiction of the English Courts to resolve any difference or dispute arising from the Contract.
Any action by the Client for breach of this Agreement must be commenced within one year after the cause of action has accrued.