Terms and Conditions
Please read all these terms and conditions.
Application
1. This is an agreement between AWB & Son and the customer that apply to the purchase of goods and services specified in the purchase order.
2. These are the terms on which we sell all Goods and Services to you. By ordering any of the Goods and Services, you agree to be bound by these Terms and Conditions.
3. We are AWB & Son Ltd a company registered in England and Wales under number 13352735; [email protected]; telephone number (01909 768799) (the Supplier or us or we).
Interpretation
1. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
2. Contract means the legally-binding agreement between you and us for the supply of the Services;
3. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
4. Goods means the Customer’s order for the Services from the Supplier as set out in the Customer’s order or in the Customer’s written acceptance of the Supplier’s quotation;
5. Order means the Customer’s order for the Services from the Supplier as set out in the Customer’s order or in the Customer’s written acceptance of the Supplier’s quotation
6. Services means the services, including any Goods, of the number and description set out in the Order
Services
1. Work cannot commence without a purchase order
2. The description of the Services and any Goods is set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of any Goods supplied
3. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate
4. All services are subject to availability
5. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes
6. AWB & Son shall have the right to make any changes to the services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the services. AWB & Son will notify the customer in any such event
7. Photo evidence and a report will be provided on completion of all works specified in the purchase order
Customer Responsibilities
1. 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 licenses and consents (unless otherwise agreed)
2. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services 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
3. A copy of the site asbestos register is required before works can commence, some works may not be possible until asbestos is removed
Basis of Sale
1. The description of the Services and any Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services or Goods
2. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay
3. A Contract will be formed for the Services ordered, only upon the Supplier’s written acceptance of the Order or on receipt of the purchase order
4. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time
5. No variation of the Contract, whether about description of the Services, 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
6. AWB & Son will provide a period of time in which works are estimated to be completed and will use all reasonable measures to ensure these dates are kept too; unless doing so causes an increased chance of damage to human life or property
7. Access allowance is up to 3 meters. Any additional access equipment required is subject to extra costs
8. Ductwork in risers is to be surveyed to ensure proposed works can be carried out safely
9. The price includes a detailed site survey of the works
10. All works quoted are for daytime, weekday working hours unless otherwise stated. If ‘out of hours’ work is to be completed this must be specified by the customer prior to the purchase order
11. Any ‘Attempts’ to rectify any issues that are unsuccessful may be subject to additional works and costs
12. Any works associated with safety harnesses have been excluded at this stage
13. If it is not reasonable for AWB & Son employees to travel to the specified location every day an accommodation and living allowance will be factored into the quote provided by AWB & Son, which will be paid by the customer before works commence
Fees and Payments
1. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis
2. Fees and charges include VAT at the rate applicable at the time of the Order
3. Payment terms; 30 days from date of invoice
4. We must be informed of any cancellations of work more than 48 hours prior to work commencing. Failure to do so will incur a cancellation fee of 20% labour and 100% materials which must be paid by the customer
5. For works costing £10,000 or more, an initial upfront payment of 30% total cost of the works must be paid by the customer before any work can commence. The remaining 70% will be paid 30 days from the invoice
6. Price is subject to a full site survey which is carried out on receipt of PO for the works
7. If the customer fails to make any payment due to AWB & Son under the contract by the due date for payment, then the customer shall pay interest on the overdue amount at the rate of 4% per annum above the Bank of England’s base rate at that time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount., whether before or after judgement. the customer shall pay the interest together with the overdue amount. AWB & Son reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998
8. If the contract is terminated by the customer after the works have started the customer shall immediately pay AWB & Son the entire payment quoted for. AWB & Son shall submit an invoice which shall be payable by the customer immediately on receipt
Privacy
1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulations with regard to your personal information
2. Any images taken by AWB & Son on site are for the sole purpose of completing the contracted works and will not be issued or published to any external body
3. Any building plans and layouts provided by the customer to AWB & Son will be private and confidential and only used to assist in carrying out the contracted works
4. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy which can be found on the website or requested via [email protected]
Governing law, jurisdiction and complaints
1.The Contract (including any non-contractual matters) is governed by the law of England and Wales
2. 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 Scotland or Northern Ireland respectively
3. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 working days