1. The Contract will be between the seller: ShuttersUp Limited (herein after referred to as ShuttersUp), whose UK registration number is 07350964, and whose registered office is, Onega House, 112 Main Road, Sidcup, Kent DA14 6NE, and the Customer (herein after referred to as the ‘Customer’), whose name and address is detailed on the accepted quotation for services to be provided by ShuttersUp.
2. Acceptance by the Customer of a ShuttersUp quotation[s] includes acceptance of these Standard Terms and Conditions.
3. Any variation or addition to these Standard Terms and Conditions agreed between ShuttersUp and the Customer will be detailed on the confirmation of order. Such additions or variations will apply in conjunction with these Standard Terms and Conditions, except where specifically indicated and agreed otherwise.
4. All parties acting jointly as the Customer, i.e. spouse and/or domestic partners etc., shall be jointly liable for the terms of the accepted contract.
5. Quotations provided to the Customer will be based on the requirements and/or information given by the Customer. Quotations will be subject to alteration, variation or refusal, if the required work content and/or specification changes and/or the information provided is incorrect.
6. Due to the bespoke nature of ShuttersUp products, the company is exempt from the 14-Day cancellation period under the Consumer Contracts (information, cancellation and additional charges) Regulations 2013.
7. Materials subject to special order or delayed delivery lead times that could result in wholesale price changes will be detailed as such on the quotation, for acceptance by the customer. Any such price variations will be subject to verification provided by ShuttersUp and the customer shall be liable for payment of the difference in price, including additional taxes and duties.
8. Quotations shall remain open for acceptance by the Customer for a period of 30 days, unless otherwise indicated.
1. ShuttersUp agrees to provide the materials and/or carry out the work as detailed on the quotation and duly signed as accepted by the Customer, in a timely, professional and competent manner and to meet with all regulatory and safety standards at all times.
2. ShuttersUp assures that all operatives involved with the work shall be appropriately skilled and qualified as necessary for the work they undertake and further, that all apprentices and non-skilled operatives shall be properly instructed and supervised at all times.
3. ShuttersUp agrees to comply with all Health and Safety requirements and directives as issued by the Health and Safety Executive (HSE) in respect of all parties (customers, workers, the public and other persons), as related to and relevant to the work.
4. ShuttersUp warrants that all equipment, tools, machinery and sundry items used in fulfilling the Contract shall be of the appropriate type, and conform to current safety standards at all times.
5. ShuttersUp obligates that all materials supplied under the contract shall be of the type and standard specified within the quotation to the Customer, and in all cases shall comply with any relevant current British, European or International Standard as appropriate.
6. ShuttersUp will provide an anticipated delivery and/or installation date to the customer at the time of acceptance of the quotation. A delivery and/or installation date will be agreed with the customer, subject to the commitments of ShuttersUp and the Customer, once the final date of manufacture and/or supply is known.
7. Should assistance or additional manpower be required for unloading the goods, ShuttersUp shall note the requirement on the quotation and, at the discretion of the Customer, ShuttersUp shall either include for the required assistance within the quoted price or, the Customer will commit to provide the additional manpower. In the case of the latter the customer shall be liable for any costs resulting from the failure to provide the agreed assistance. Such costs shall include, but not be limited to, redelivery, the provision of required manpower, lost labour time and profit.
1. The Customer shall ensure that access to the work premises is available to ShuttersUp operatives at all working times, generally between 8am to 5pm Monday to Friday, unless otherwise agreed and specified.
2. The Customer warrants that the area of the works is cleared of furniture and any other impediments, and further that all personal and valuable items are removed from the vicinity of the work, prior to the work commencement.
3. The Customer is obligated to ensure that the premises/area of work is appropriately protected from unauthorised access during hours of non-work by ShuttersUp.
4. The Customer shall be responsible for the provision of services and facilities (water, electrics and toilets etc.), for use by ShuttersUp operatives, unless prior specific alternative arrangements are agreed.
5. Risk for loss and/or damage of all materials and equipment delivered to the Customer’s premises shall pass to the Customer upon acceptance of the delivery.
6. Building permits or authorisations, including any fees or charges, required or levied by any statutory authority, company or organisation, shall be the sole responsibility of the Customer.
7. ShuttersUp reserves the right to refuse to undertake any work that is deemed likely to be ineffective or unsafe.
8. The customer shall immediately inspect all goods upon delivery and notify ShuttersUp of any defects within one working day.
9. All goods must be inspected at the point of installation. The Customer must ensure that the shutters and/or blinds are in accordance with the purchase order both for colour and design prior to installation.
10. Unless otherwise agreed, it shall be the responsibility of the Customer to remove or to have removed, all impediments to the installations of ShuttersUp blinds and shutters. Such impediments shall include but not be limited to; curtain, rails and tracks, protruding handles and opening mechanisms, security locks and alarm sensors.
11. If requested by the customer, where design/installation drawings are produced by ShuttersUp, one copy of each final agreed document shall be provided to the Customer without charge, in either paper or electronic format as required. Where additional copies are requested by the Customer these may be subject to charge at the discretion of ShuttersUp.
12. Following completion of any supplied and installed items by ShuttersUp, the customer is obligated to report any faults or defects to ShuttersUp immediately upon discovery. In such an instance the Customer accepts their obligation to allow ShuttersUp access to inspect the work in order to identify the cause and/or effect rectification of the fault or defect, as appropriate.
13. Where a Customer provides their own measurements for ShuttersUp to supply items for installation by the Customer, ShuttersUp shall be limited in its liability to any defects relating to the items supplied only. ShuttersUp shall not be liable for any defects that occur as a result of the Customer installation or defects in the installation itself.
14. Unless otherwise agreed and specified the Customer shall be responsible for any incidental redecoration or other works resulting from ShuttersUp carrying out the requested work.
Timescale for works.
1. Where a specific commencement date, timescale and completion date for the works is agreed by both parties, this will be noted on the quotation. ShuttersUp shall not be responsible for any loss or damage arising out of delay in the completion of the contract due to any cause beyond its control.
2. If an agreed project commencement date is postponed, or a project is delayed at the request of, or as a result of Customer actions, or Customer employed other trades or companies involved in the same or a related project, it shall be the Customer’s responsibly to defray any resulting costs incurred by ShuttersUp. Such costs shall be itemised by ShuttersUp and shall include, but not be limited to, labour, materials, transport overheads and profit.
Variations and changes to quoted work.
1. Requested variations or additions to accepted Quotations and defined works shall be confirmed in writing, indicating the agreed additional cost, and will be subject to written confirmation of agreement by the Customer. Or if appropriate, subject to a separate quotation for signed acceptance of the work content and price by the Customer.
1. The Customer agrees to pay the accepted quoted price including such taxes as levied by the Government at the rate applicable at the time, in accordance with the following terms:
a) Unless otherwise specified and with the exception as specified in clause 1. d) below, a deposit of 50% (Fifty percent) of the total price (including VAT) will be required upon acceptance by the customer of the ShuttersUp quotation to cover the allocation of labour, and cost of materials ordered as required to complete the specified works. A receipt for such payments shall be issued to the customer.
b) An invoice for the final amount of the quotation (including VAT) will be issued prior to the final delivery and/or installation date for payment by the customer a minimum of two working days prior to despatch (if via courier), delivery and/or installation by ShuttersUp.
c) Any variations to the standard payment terms as detailed under 1. a) and 1. b) above will only be applied, if agreed by ShuttersUp and detailed on the quotation provided to the Customer.
d) For orders in excess of £1,000 (One Thousand pounds) and where a Customer chooses to finance their purchase from ShuttersUp using a ShuttersUp approved finance institution, and providing the Customer is accepted by the finance institution in question, the required deposit amount, as detailed in clause 1. a), will be reduced to be a minimum of 25% of the agreed purchase price, inclusive of VAT.
e) Where a Customer elects to use a ShuttersUp approved finance institution to finance their purchase, the Conditions relating to the provision of finance shall be exclusively the Terms and Conditions supplied by the finance institution as agreed between the finance institution and the Customer. ShuttersUp shall not be in any way party to the contract for the provision of finance. ShuttersUp conditions shall remain applicable to the sale of goods and provision of services by ShuttersUp.
2. Unless otherwise agreed, payment of ShuttersUp tax invoices can be made by Credit or Debit Card, Bank Transfer or Cheque.
3. At the discretion of ShuttersUp, payments by Cheque may be subject to clearance verification services at the cost of the customer, or only considered paid, once the cheque amount has been received in the ShuttersUp account.
4. Payments by direct bank transfer must be made to the following account:
• Account Name: ShuttersUp Limited
• Account Number: 34965960
• Account Sort Code: 30-84-51
5. Overdue invoices will, at the discretion of ShuttersUp be charged at the prevailing UK Government recommended rate of interest for overdue accounts.
6. ShuttersUp shall retain full title to any goods, materials and equipment supplied until payment of the full invoiced amount is received.
7. In the event of default by the Customer in respect of any sums due, ShuttersUp reserves to right to pursue the outstanding debt via the County Court or, at the discretion of ShuttersUp, pass the debt to an approved debt collection service. The customer will be solely liable and responsible for defraying all costs associated with either of the foregoing methods of recovery.
Guarantees and indemnities.
1. ShuttersUp guarantees that it will maintain Employee and Public Liability Insurance at all times and provide evidence of such insurance upon request.
2. ShuttersUp guarantees all installation work and hardware materials for a period of 1 (one) year from the date of installation. Wood and composite materials are guaranteed for a period of 5 (Five) years from the date of installation, or the date of delivery in the case of supply only.
3. Every effort will be made by ShuttersUp to match colours (e.g. paints and stains) against samples. However due to the natural and sustainable nature of the materials used, where natural variations of grain and colour can occur, ShuttersUp cannot guarantee precise colour matching in all instances.
4. ShuttersUp reserves the right to withdraw any products and colours from its range without prior notice and cannot guarantee continued availability following the execution of any accepted orders.
5. Due to the exposure of shutters and blinds to sunlight and other light sources, ShuttersUp guarantees shutters against fading as a result of such exposure for a period of 5 (Five) years and blinds for a period of 1 (One) year.
6. ShuttersUp shall not be liable for any guarantee if any reported defect is found to be as a result of misuse, mistreatment, poor storage/use conditions such as damp, humid or variable conditions or any situation outside of the control of ShuttersUp, that occurs at a Customer location where the materials are stored or installed.
7. The Customer accepts that ShuttersUp blinds and shutters are not marketed or sold as room darkening blinds or shutters and as such total light occlusion is not guaranteed.
8. ShuttersUp warrants that all information provided by the Customer and held by the Company shall be treated in accordance with the 2018 UK General Data Protection Regulations (GDPR).
1. No Party to this Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party (“Force Majeure”). Such causes include, but are not limited to: power failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
1. Following acceptance of the ShuttersUp quotation for the bespoke materials to be provided and work to be carried out, if for any reason the Customer should wish to cancel the contract, the Customer will be liable for all actual related costs and losses incurred by ShuttersUp up to the date of termination and as appropriate, throughout the proposed period of the contract.
2. Such costs will be itemised for the Customer and deducted from any deposit amount paid, subject to it being a less or equal amount. Additional costs incurred exceeding any deposit amount, will be invoiced for immediate payment. Such costs will include, but not be limited to; labour (including design and administration), overheads, materials and special items purchased (including those ordered but not received, if non returnable), freight and restocking charges which may be applied by suppliers and labour booked that cannot be re-assigned. All such termination costs shall include ShuttersUp usual profit element up to the date of termination and if applicable, to the proposed period of the contract.
1. All notifications and communication between ShuttersUp and the Customer shall be made to or from either the registered address or the operating address of the company or the usual electronic address of either party.
2. Notifications and communications can be provided by post (including registered mail), courier or by e-mail. Where receipt of a notification is required it should be requested by the sender and will only be deemed as received once confirmation of receipt is received by the sender.
3. All notifications and communications sent or received by either party shall be retained.
1. Any contract between ShuttersUp and the Customer shall be covered under the Law of England and Wales and any dispute shall only be adjudicated under the Law of England and Wales.
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