MODERN LIVING SPACES
By Essex Conservatories
These conditions apply to all sales of goods by ESSEX CONSERVATORIES to its customers (referred to in these conditions as “The Company” and “The Purchaser”). No addition to or variation of these conditions shall be binding upon The Company unless agreed in writing, and signed by the owner of the Company.
An estimated delivery period is quoted overleaf.
The estimated delivery period will run from the date of the contract or from the date of any agreed variation to the contract.
If the work is not substantially completed within the estimated delivery period calculated in accordance with these conditions The Purchaser may serve written notice on The Company to complete the work within 6 weeks of service of that notice. If the work is not completed within this extended period of 6 weeks The Purchaser may cancel the uncompleted work covered by this contract without penalty to himself by service of a written notice to that effect on The Company. The Purchaser shall then remain liable for payment of the value of that part of the work completed by the date of expiry of this notice.
Notwithstanding these conditions The Company shall not be liable for any delay in completion of the work which arises from causes beyond its reasonable control, and in the event that time is made of the essence of the contract, time shall not run during any period of delay occasioned by causes beyond The Company’s reasonable control.
It is The Purchaser’s responsibility to ensure that the installation to be carried out or the goods to be supplied is correctly detailed on The Schedule overleaf. No addition to or variation of The Schedule shall be binding on The Company unless agreed in writing and signed by a duly authorised officer of The Company. The products itemised in The Schedule of installation overleaf will be manufactured in the manner considered most suitable by The Company and The Company reserves the right to make changes in specification of the goods without notice as and when technical developments require. Presentation samples and brochures are for demonstration and advertising purposes only and do not form part of this contract.
Upon receipt of notice that the goods are ready for installation or supply by The Company, The Purchaser will, by arrangement with The Company, afford access to The Company forthwith. Delay on affording access may lead to additional charges for The Purchaser’s account. The Purchaser will similarly allow prompt access to The Company for the purposes of carrying out any survey or measurement or for the purposes of inspecting or remedying any defect drawn to The Company’s attention.
Subject to the rights of cancellation expressly contained in this clause the agreement shall be a binding contract between the parties immediately. This contract may be cancelled by The Purchaser without penalty by giving written cancellation in accordance with these conditions by the end of the seventh day following the day on which the agreement is signed, The Purchaser having received a copy of this agreement upon signing. This agreement may be cancelled by The Company at any time if it receives an adverse survey report, in which case The Company will return The Purchasers deposit in full.
The sole purpose of inspection by The Company’s surveyor if required is to ascertain the feasibility of the proposed installation. The surveyor does not undertake a general survey of the premises. His inspection will be confined to those areas directly affected by the proposed installation and The Company will not be responsible for drawing attention to or remedying any defect that may exist in the premises before the date of installation or for damage arising from a defect. The Company reserves the right to modify The Schedule of work if The Company’s surveyor deems necessary.
The balance payable as shown overleaf is strictly net and shall become due and payable without deduction or set off immediately the installation has been substantially completed or product supplied only. Any sum outstanding following substantial completion will be subject to interest to run from the date of the invoice to the date of actual payment at the rate of 5% per calendar month, or part of a calendar month, that any sum remains outstanding. The Purchaser hereby charges the property shown overleaf to be the address for installation with repayment of all sums due to The Company together with interest. The existence of some minor defect in the work shall not entitle The Purchaser to withold any part of the contract sum provided that the work is substantially completed and The Purchaser shall rely on the assurance now given by The Company that such defects will be made good in accordance with the terms of the guarantee contained in these conditions.
Under no circumstances will The company be liable to replace, repair or redecorate any internal finishes including ceramic tiles, wallpaper or other special finishes. The company will however make good any damages caused to plaster, cement screed, rendering, brickwork and floorboarding immediately surrounding the products installed. However The Company will not be liable for failing to match existing rendering or brickwork. All materials removed during the course of the work will be cleared from the site unless express instruction are given to the contrary.