DEFINITIONS
"Buyer" means the person, firm or company placing the Order.
"Commencement" means the Seller starting the works as
described in the Order.
"Goods" means the equipment, parts and services (or any of
them) as described in the Order.
"Order" means the order placed by the Buyer for the supply of
the goods or any subsequent Variation.
"Seller" means Caddy Maintenance Services Ltd or the following
t/a names Caddy Windows, Caddy Garage Door, Caddy
Carpentry
"Variation" means any variation, addition or amendment to an
existing Order as evidenced in writing and agreed by both the
Seller and the Buyer.
"Working Day" means any day except Saturday, Sunday or
public holiday between the hours of 8am to 5pm
GENERAL
Any Order whether following a quotation, tender or otherwise
shall incorporate these Terms and Conditions of Sale. The Seller
shall not be bound by any variation, modification of, substitution
for or addition to these Terms and Conditions of Sale (even if
included in or referred to in the purchase order or other Buyer's
document) except as expressly agreed in writing by the Seller.
QUOTATIONS
Quotations shall be valid for acceptance for a period of 90 days
unless otherwise specified by the Seller.
COMMENCEMENT
Any date named by the Seller for commencement is given and
intended as an estimate only and the Seller shall not be liable
for any loss or damage howsoever arising out of delay in
commencement. The Buyer agrees that the Seller is permitted
to display advertising signs for the duration of works. During
the length of the contact, the seller accepts no liability for any
unforeseen circumstance which has not been stated in the
specification e.g. removal of window to discover asbestos.
ACCESS
If working access is denied on any working day for any reason,
the Seller is permitted to raise and deliver an invoice to the
Buyer for all material costs and any work carried out to date and
this invoice must be paid immediately.
SCOPE OF MAKING GOOD
Replacement window and door quotations includes making good
to the immediate proximity to internal plaster reveals using
plastic trims and external render within 10cm unless otherwise
agreed. Painting and redecorating is excluded unless specified.
The seller accepts no liability for any making good outside of
this scope. The seller will discuss the variation with the buyer
prior to commencement of additional works.
TERMS OF PAYMENT - ACCOUNT BUYERS
The time for payment shall be within 30 days of the invoice date
or as detailed in Seller's quotation or tender document. The
Seller understands and will exercise its statutory right to interest
under the Late Payment of Commercial Debts (Interest) Act
1998 if payment is not received according to the agreed terms.
Interest will be calculated on a daily basis from the first Working
Day after payment is due.
The Seller reserves the right to pursue debtors for the recovery
of all other costs and expenses including any legal fees and
expenses incurred in collecting overdue amounts or otherwise
enforcing it's rights under these Terms and Conditions.
TERMS OF PAYMENT - NON-ACCOUNT BUYERS
A non refundable deposit of 25% of the quotation, or payment
as detailed in Seller's quotation or tender document, must be
received before commencement of works/delivery of Goods.
The Seller will raise and deliver an invoice to the Buyer for the
balance of the quotation sum when services are complete (or
when the Goods are delivered), or as soon as possible thereafter
and this invoice must be paid immediately.
OUTSTANDING INVOICES
In the event that the Buyer does not agree that the Seller has
carried out the works as per the Order and refuses to pay the
sum as per the order agreement, an independent surveyor
Carpentry
Door Closers & Controls
Electrical
Flooring
Garage Doors
Glazing
Guttering
Home Insulation
Kitchens
Locks
Painting & Decorating
Plastering
Plumbing
Security Shutters & Grilles
Window Film
Window Winding Gear
Window & Door Hardware
Window & Door Replacements
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should be appointed to decide. If the independent
surveyor confirms that the works have in fact been
carried out as per the works description stated in the
Order, the Seller reserves the right to recover all
expenses incurred in agreeing and instructing the
surveyor from the Buyer and the remaining sum of the
contract, plus interest as applicable, must be paid
immediately.
The Seller reserves the right to charge interest on
unpaid invoices from the second Working Day after
delivery of the invoice until payment is received at a
rate of 4% above the base rate from time to time of
Lloyds TSB Bank plc. Interest will be calculated on a
daily basis.
SERVICE CALLS
Any service calls, after inspection, deemed not the fault
of the Seller will be charged to the Buyer at the rate of
£36.00 + VAT per hours including travelling time from
the Sellers head office. This must be paid immediately.
TITLE
Title to Goods will remain, as far as is possible in law,
with the Seller until full payment is received by the
Seller.
DEFAULT AND INSOLVENCY
If the Buyer shall default in or commit any breach of its
obligations to the Seller or if the Buyer becomes
insolvent or bankrupt or (being a company) makes an
arrangement with its creditors or has an administrative
receiver or administrator appointed or commences to be
wound up (other than for purposes of amalgamation or
reconstruction), the Seller may, without prejudice to
any other of his rights, terminate the contract forthwith
by notice in writing to the Buyer or to any person in
whom the contract may have become vested . Upon
termination as aforesaid it shall be lawful for the Seller
to enter upon and take possession of any goods,
wherever situated, for which the full purchase price has
not been paid and to dispose of same without further
notice to the Buyer. After disposal, and if any monies
are recovered through such disposal, these monies less
the Seller's reasonable costs of disposal, will be applied
against unpaid invoices and the Seller will notify the
Buyer of any monies outstanding.
APPLICABLE LAW
The construction, validity and performance of the
contract shall be governed by the laws of England and
Wales and the parties hereto shall submit to the
exclusive jurisdiction of the English Courts.
Caddy Maintenance Services Ltd Terms and Conditions of Sale