Terms and Conditions
- “Accepted Order” means the Company has received a written or verbal acceptance of the Order and the Customer has paid to the Company a deposit in accordance with condition 3(a);
- “Company” means DeVal Bathrooms Limited, a company registered in Scotland under company number SC353656;
- “Customer”, “You” or “Your” means any person, firm or company who purchases Products or Services from the Company;
- “Customer Retention” means the amount reasonably calculated by the Company to be withheld by the Customer under any Retention Schedule;
- “Order” means your order for the supply of Products and/or Services as set out in the Quote;
- “Products” means the sanitary ware, brassware, tiles and any other products and materials detailed in the Quote or as amended in accordance with condition 6(b);
- “Property” means the premises under the control of the Customer where the Services will be performed;
- “Quote” means the written detail of Products and Services to be provided by the Company to the Customer under these terms and conditions, including any work specifications;
- “Quote Price” means the amount to be paid by the Customer to the Company in respect of an Accepted Order;
- “Retention Schedule” means a record written by the Customer and agreed by the Company of any remedial works or supply of Products identified by the Customer within 7 days of the Company’s statement of completion of all relevant works which the Customer reasonably identifies as being required in order to complete the works set out in the Accepted Order;
- “Services” means installation and fitting of the Products in accordance with the Quote and any other services provided by the Company to the Customer;
- “Start Date” means the expected date for commencement of the Services.
2. Basis of Agreement
3. Terms and Method of Payment
- 30% of the Quote Price shall be paid by the Customer as a deposit at the point of Order.
- 60% of the Quote Price shall be paid by the Customer on or before the end of the first week that work commences.
- 10% of the Quote Price shall be paid by the Customer within 7 days of completion of all the works set out in the Accepted Order, less any Customer Retention Order.
- Any Customer Retention deducted by a Customer from the final payment set out in condition 3(c) will be paid by the Customer to the Company within 7 days of the completion of any works, or supply by the Company of any item, required to be completed under a Retention Schedule.
The Company accepts payment by direct bank transfer, cheque or cash but cannot accept payments by debit or credit cards for installation projects. Any variance to these payment terms are to be agreed in writing by the Company and Customer at the point of an Accepted Order.
- The Quote shall be valid for up to 30 days from its date of issue.
- It is the Customer’s responsibility to ensure that the Quote correctly details their requirements; only the Products and Services included in the Quote are included in the quoted price.
- Variations to an Accepted Order (“Variations”) requested by the Customer will result in additional costs, and may result in delays to installation dates.
- Any changes made by the Customer to the Products set out in the Accepted Order will incur up to a 25% restocking charge. Variations will be agreed between the parties in writing (including by email). Special order items cannot be changed.
5. Cancellation Policy
- The Customer may cancel an Accepted Order in writing at any time prior to the Start Date.
- In the event of a cancellation by the Customer all deposits already paid are non-refundable.
- In addition to any amount retained by the Company under condition 5(b), in the event of a cancellation by the Customer received by the Company with less than 5 working days’ notice of the Start Date an additional cancellation charge amounting to 5% of the Quote Price shall be payable by the Customer within 7 days of invoice.
- The Company may cancel the Accepted Order at any time if any amounts due from the Customer have not been received by their due dates. In such circumstances, any deposits already paid are non-refundable.
- In the event that the Company is required to cancel an Accepted Order due to any event outside of its control, any deposit held shall be repaid to the Customer in full by the method the deposit was paid by the Customer.
6. Supply of Products and Services
- Subject to condition 6(b) the Company shall provide the Products and complete the Services materially in accordance with the Accepted Quote and the Variations.
- From time to time circumstances may arise under which the Company may need to amend the Products and/or Services set out in the Accepted Order and on such occasions appropriate alternative Products or Services will be substituted by the Company after discussion with the Customer (“Amendments”). Any change to the Quoted Price arising from Amendments will be set out in writing or by email by the Company to the Customer, and will fall due for payment within 7 days of completion of all the works set out in the Accepted Order, Variations and Amendments.
- Although Products are normally delivered on the day work starts, the Customer shall permit Products to be delivered to the Property up to 10 working days before the Start Date. This will be agreed between the Company and the Customer.
- The Company shall use its best endeavours to meet agreed dates for delivery of products and/or the Start Date. Should it be necessary for any of these dates to be changed the Company will contact the Customer at the earliest opportunity and confirm an alternative date.
7. Designs and Technical Drawings
- All designs, images, technical drawings and specifications are intended to be taken as a guide only and are provided to give an approximate graphical representation of how the finished room will typically look in composition and general appearance.
- We endeavour to follow designs and plans as closely as site conditions and manufacturers allow us, however such is the nature of construction operation that decisions regarding such things as tile set-out, niche size and positioning, shower valve position and so on are completed at our professional discretion.
- All Products will be installed at standard heights unless specific positioning is requested prior to the commencement of works.
8. Title to and Responsibility for Products
The risk of, for example, breakage, loss and damage in the Goods will pass from us to you on completion of delivery.
The ownership of the Goods will not pass to you until we have received payment of the Total Price in full in cleared funds.
9. Workmanship Guarantee
The Company’s Workmanship Guarantee is personal to the Customer, is non-transferrable and is valid for 3 years from completion of all the works set out in the Accepted Order. All pipework and drainage is guaranteed for a period of 12 months. You must contact the Company immediately should you come across a problem with any aspect of the installation. Please do not contact a manufacturer or other bathroom professional, or try to address an issue yourself, as this will invalidate your claim; it is central to this Workmanship Guarantee that the Company is the first point of contact.
If there are any defects we want to deal with them as quickly as possible and to avoid the problem magnifying. The Company’s Workmanship Guarantee is therefore valid only for defects in our workmanship whilst performing the Services which have been notified to us promptly.
The Company’s Workmanship Guarantee does not cover the following:
- General wear and tear;
- Natural discolouration that will occur in sealants, grouts and paintwork;
- Shrinkage (shrinkage can lead to sealant or caulk separation; this is not a result of poor workmanship – Customers should routinely maintain/reseal wet areas as required);
- Installations in properties which become tenanted;
- Damage to Products caused by using incorrect cleaning methods or products (the Company recommend the use of an E-Cloth for cleaning. For more information about the E-Cloth please visit their website: www.e-cloth.com);
- Product faults. Any defect in the Products is the responsibility of the manufacturer and covered by the manufacturer’s warranties. Examples of Product faults include:
- Replacement bulbs/LEDs
- Faulty waste mechanism
- Loose WC Seat
- Broken extractor fan
The Company can visit the Property to address a product warranty issue, for example by replacing a faulty item. During the first 12 months from completion of the works materials only may be chargeable, however after this period both materials and the labour needed to complete the required work will be chargeable at the Company’s standard rates. Please note that it is vital any necessary product registrations are completed to activate a warranty.
The Customer confirms that the Property is of adequate construction to accommodate the Products and Services and that there are no known building defects such as dry rot, wet rot, rising damp, condensation etc. The Company accepts no responsibility for any problems arising out of pre-existing building defects, unless the defect has been disclosed in writing or by email by the customer prior to payment of the deposit.
The Customer shall ensure that there is an available supply of water, electricity and gas or oil as appropriate on the Property for the purpose of carrying out the installation, and agrees that these services shall be supplied at no cost to the Company.
Should an undisclosed building defect be uncovered after commencement of work that would risk or hinder installation of the goods as set out in the original quote and work specification, the Company shall cease work until an agreed solution is agreed with the customer. Any extra costs will be agreed in writing between the Company and the Customer and added to the final 10% payment set out in condition 3(c).
The Company is not licenced to deal with Asbestos and should any be encountered work will cease immediately. The Customer is responsible for arranging for its removal and disposal by a licenced contractor and incurring the costs involved before work can resume.
Should the Customer not agree to the solution proposed by the Company they can terminate the contract. If the Customer elects to terminate the contract under these conditions, then the deposit shall not be refunded and any works carried out before and up to the date of termination shall be chargeable to the Customer. Any Products at the Property on the date of termination, both those installed and those not will be chargeable to the Customer. The Company shall not be liable for any loss that a Customer may suffer as a result of a delay caused by undisclosed building defect.
11. Limitation of Liability
Nothing in these Conditions shall limit or exclude the Company’s liability for:
* death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
* fraud or fraudulent misrepresentation.
Subject to the above:
- The Company’s maximum aggregate liability to the Customer in respect of all losses arising under this contract is limited to the Quote Price.
- The Company is not under any circumstances liable for any indirect or consequential loss arising under or in connection with this contract, including any loss of profits of the Customer.
The Customer accepts that the Services may cause some superficial damage to existing decorations (e.g. scuffs to paintwork on carrying goods and materials through-out a property or movement of nails in plasterboard to adjacent rooms to where work is being carried out). Reinstatement of decoration works are not the responsibility of the Company.
12. Photos and Marketing
- The Company may use photographs and videos of the Customer’s bathroom in both its original and finished form for marketing purposes unless the Customer has stated in writing before the Start Date that such photographs and videos should not be used.
Updated October 2020