Installation Terms and Conditions
1. These terms and conditions
1.1 These terms will apply to all shelving, storage and other installation services (“the Services”) provided by BiGDUG Limited (“we” or “us”) to the client (“you” or “the Client”).
1.3 On agreement of the Services to be provided we will send you an email (the “Confirmation Email”) which will contain the following information:
(a) details of the Services to be provided by us;
(b) our fees for undertaking the Services;
(c) the property, place or location at which the Services will be performed (the “Site”)
(d) the proposed date of installation (the “Installation Date”);
(e) the proposed period for completing the Services (the “Completion Period”)
1.4 These terms and conditions along with the Confirmation Email will together form the agreement between you and us (the “Agreement”).
2. The Services
2.1 We will carry out the Services as set out in the Confirmation Email or as otherwise agreed in writing and subject to the terms of this Agreement.
2.2 We 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, and we shall notify you in any such event.
2.3 You may request a change in the Services at any time but we will only provide such different services if we believe we are qualified to do so. If such changes to the Services constitute a material change to those set out in the Confirmation Email we reserve the right to revise our fees as previously agreed with you. We will not perform any alternative Services until such time as you have agreed to pay any such additional fees.
2.4 You may request services in addition to the agreed Services. However we may require payment of additional fees for such additional services. We will not perform any additional Services until such time as you have agreed to pay any such additional fees.
2.5 We may provide some of the Services through third parties. Whether or not we sub-contract out any of the Services to third parties is at our absolute discretion and you shall not have the right to object to any third party providing the Services.
2.6 You agree to supply us with all necessary information which we will reasonably require for us to be able to perform the Services. If you do not provide us with such information we will not be liable to you for any failure to carry out the Services as a result including any failure to complete the Services within the Completion Period.
2.7 For the avoidance of doubt the services are limited to the description set out in the Confirmation Email and do not extend to any additional works required to your Property (including, for example, changes to electrical, gas, plumbing and HVAC system) unless expressly included.
3. Time commitment
3.1 We will endeavour to commence the Services on the Installation date and to complete the Services within the Completion Period. We cannot however guarantee to complete the Services within this period and time is not of the essence.
3.2 The Completion Period stated in the Confirmation Email is based on your cooperation with us and the cooperation of any other contractors or professionals we may need to work with including without limitation architects, project managers, builders and other interior designers.
3.3 We reserve the right to suspend provision of the Services if they cannot be carried out due to any of the following reasons:
3.3.1 You fail to provide us with access to the Site when required by us or anybody engaged by us to provide the Services;
3.3.2 You fail to provide us with any information about the Site that we may require in order for us to be able to carry out the Services properly;
3.3.3 You or any third party whose cooperation we require fail to cooperate with us;
3.3.4 We are unable to carry out the Services to the required standard for any other reason beyond our reasonable control including but not limited to a delay on the part of a manufacturer or the unavailability of materials.
For the purposes of this clause, ‘us’ shall include any third parties sub-contracted by BiGDUG Limited.
3.4 If we incur additional costs as a result of us being unable to carry out the Services due to any of the reasons described in clause 3.3 (including, without limitation, any storage costs for products and materials that we have been unable to install) then we reserve the right to pass any such costs on to you and these shall be payable in addition to our other fees.
4.1 We guarantee the work carried out as part of the Services for a period of one year from the Installation Date. In the event that we have not carried out the Services with reasonable care and skill then we shall carry out such further work as is necessary to remedy such unsatisfactory services.
4.2 We reserve the right to assess any work complained of before carrying out any additional work under the guarantee in clause 4.1 above. If in our reasonable opinion the Services have been performed satisfactorily then we may not carry out any such additional work or may charge you additional fees if we do so.
4.3 We do not warrant the goods and materials used in the performance of the Services (subject to terms implied by the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 and express warranties given under the Terms and Conditions of Purchase in the event that we have supplied the goods and materials).
4.4 You agree to notify us with 10 days of the discovery of any defect in the works.
5. The Installation
5.1 Our fees estimate and any recommendation as to the services we believe you require has been provided on the basis of the information provided by you and is subject to inspection of the Property and approval on the Installation Date. We shall not be liable if we cannot carry out the Services in the manner originally envisaged due to any facts or circumstances which were not disclosed to us.
5.2 We reserve the right to amend the Services or charge you for any additional Services that are required in the event that facts or circumstances become apparent (which were not disclosed to us) which are likely to impact on our provision of the Services by requiring additional work by us.
5.3 You must provide all information that we may reasonably require for the purposes of carrying out the Services.
5.4 It is your responsibility to move or remove any personal property or effects at the Property before we start carrying out the Services in order to ensure that they are not damaged in any way as a result of us carrying out the Services.
6. Additional client obligations
6.1 You agree that you shall:
6.1.1 Co-operate fully with us (and any third parties sub-contracted by BiGDUG Limited) in all matters relating to the Services;
6.1.2 Obtain all necessary licences, permissions and consents which may be required for the Services before the Installation Date.
6.2 In relation to the Site you shall ensure that:
6.2.1 it is clear, level and dry in readiness on the Installation Date
6.2.2 a suitable electricity supply is available for light and power tools;
6.2.3 sufficient working space has been allocated;
6.2.4 sufficient storage space is provided free of charge for plant and materials that is reasonably accessible.
7. Fees and payment
7.1 The fees payable by you to us in respect of the Services will be those set out in the Confirmation Email (the “Fees”).
7.2 You will be sent an invoice for the Fees prior to our commencing the Services. We reserve the right to not start providing the Services until we have received payment of the Fees. In the absence of any contrary terms in the Confirmation Email, all invoices must be settled within 14 days.
7.3 If any sums are outstanding and due for payment to us we reserve the right to immediately suspend the provision of the Services without further recourse to you.
7.4 You will be liable to pay additional fees to us in such circumstances where we are required to provide alternative or additional Services or required to repeat the performance of Services already provided as a result of your actions or the actions of a third party who has also contracted to provide services in connection with the Project.
7.5 We shall be entitled to charge interest on any overdue sum at the rate of 3% over the base rate of the Bank of England from time to time (such interest to accrue and to compound with the principle sum on a weekly basis).
7.6 Payment shall be made without any set-off, deduction or counter-claim.
8. Cancellation (Consumer)
8.1 This clause 8 shall only apply where you are purchasing the Services as a “consumer” within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
8.2 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this Agreement for a period of fourteen days after the day on which the Confirmation Email is sent without giving any reason.
8.3 To exercise the right to cancel you must inform us, BiGDUG Limited of Green Lane, Tewkesbury, GL20 8HD, email: email@example.com or telephone 0845 966 6000, of your decision to cancel this contract with a clear statement (e.g. a letter sent by post, fax or email). You are encouraged to use the Cancellation Form (see below) but it is not compulsory. To meet the cancellation deadline it is sufficient for you to send your communication confirming your right to cancel before the cancellation period has expired.
8.4 Please note that if we have started providing the Services during the cancellation period at your request and you then cancel the contract you will be liable to pay a proportionate amount in respect of those Services. If the Services have been completed you will be liable for the full cost of those Services.
9. Cancellation (General)
9.1 You may cancel this Agreement up to ten calendars days prior to the Installation Date with no liability to pay the Fees.
9.2 Subject to clause 8, you may cancel this Agreement between ten calendar days and 48 hours prior to the Installation Date however you will be liable to pay 50% of the Fees.
9.3 Subject to clause 8, if you cancel this Agreement within 48 hours of the Installation Date, you will be liable to pay 100% of the Fees.
10.1 We will be entitled to terminate the Agreement (and any Services then being provided to you) on notice to you in the event that:
10.1.1 you fail to pay any invoice when due; or
10.1.2 you fail to co-operate with us in the performance of the Services; or
10.1.3 you are in material breach of any other provision of the Agreement and, if the breach is capable of remedy, have failed to remedy that breach within 30 days.
10.2 All terms of this Agreement which are capable of surviving termination will continue in full force and effect following termination of this Agreement.
11.1 You agree that our liability in respect of any loss under the Agreement with you shall be limited in accordance with these terms and conditions.
11.2 Nothing in this Agreement shall limit or exclude our liability for:
11.2.1 death or personal injury, fraud or fraudulent misrepresentation arising as a result of our negligence or the negligence of our employees, agents or sub-contractors;
11.2.2 fraud or fraudulent misrepresentation;
11.2.3 breach of the terms implied by section 2 (title and quiet possession) of the Supply of Goods and Services Act 1982;
11.2.4 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
11.2.5 defective products under the Consumer Protection Act 1987.
11.3 Subject to clause 10.2, we will not be liable to you for any loss of profit, indirect or consequential loss or damage such as loss of anticipated savings, data loss, lost opportunity, lost bargain, lost reputation or otherwise whether such loss or damage arises from breach of contract, our negligence, the negligence of our employees, agents, sub-contractors or otherwise, any tort other than negligence, breach of statutory duty or otherwise.
11.4 Our aggregate liability, including the liability of our employees, agents, sub-contractors in relation to the Services will (except in relation to liability as set out in clause 10.2) be limited to the lower of (i) the amount paid to us by you under this Agreement and (ii) £10,000.
11.5 No claim may be brought against us in relation to any Services more than one year following the Installation Date.
11.6 You accept that the limitations of our liability set out above are reasonable in all the circumstances.
12. Intellectual Property and Confidential Information
12.1 We shall own all intellectual property rights (including copyright) in drawings, photographs and plans and all other work produced in the performance of the Services and generally assert our moral rights and all other rights to be identified as the author of such work.
12.2 You shall have a licence to copy and use and allow others providing services in connection with the installation to copy and use drawings, documents and all other such work produced by us in performing the Services (the “Material”) but strictly for purposes relating to the Project only. Such licence shall terminate with immediate effect if any fees or other amounts payable by you under this Agreement are overdue and remain outstanding.
12.3 We shall not be liable if the Material is modified other than with our consent or used for any purpose other than for the purposes for which it was prepared.
12.4 Each party agrees with the other not to divulge or allow to be divulged any confidential information relating to the other’s business or affairs other than to its employees, associates or contractors who are subject to appropriate non-disclosure undertakings (if required), or where the other party has consented to such disclosure or where required by law to make such disclosure. Either party may upon termination of this Agreement require, by notice in writing to the other party, the destruction or return of any confidential material in that party’s possession.
12.5 We shall be entitled to refer to the provision of Services to you for any purpose in connection with our business including for the purposes of marketing materials and use on our website.
13.1 No term of the Agreement will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it.
13.2 Each of the parties warrants its power to enter into the Agreement and has obtained all necessary approvals to do so.
13.3 Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of the Agreement impossible, whereupon all money accrued due under the Agreement shall be paid.
13.4 Each party acknowledges that these terms and conditions (including the Instructions for Cancellation and Cancellation Form) and the Contract Summary contain the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it.
13.5 Any notice to be served on either of the parties by the other shall be sent by pre-paid recorded delivery, registered post, fax or email to the address of the relevant party shown in the Contract Summary at the start of this Agreement or such other physical or electronic address as may be notified by one party to the other.
13.6 This Agreement may be executed in any number of counterparts and by the parties to it on separate counterparts, each of which will be an original and all of which together shall constitute one instrument. This Agreement shall not be effective until each of the parties has executed at least one counterpart.
13.7 If any provision of this Agreement is, or is found to be, illegal, invalid or unenforceable, the remaining provisions shall continue in full force and effect and shall not be affected by such illegality, invalidity or unenforceability.
13.8 Failure by us to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver by us of them or the right at any time subsequently to enforce all terms and conditions of this Agreement.
13.9 This Agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England.
13.10 Any proceedings arising out of or in connection with this Agreement may be brought in any court of competent jurisdiction in England or Wales.
You can use this form to exercise your right to cancel:
To: BiGDUG Limited of Green Lane, Tewkesbury, GL20 8HD, email: firstname.lastname@example.org, telephone: 0845 966 6000
I/We hereby give notice that I/We cancel my/our contract of sale for the supply of the following service,
Ordered on (i.e. Confirmation e-mail date) [ ]/ received on [ ]:
Name of customer(s):
Address of customer(s):
Signed (you are only required to sign if returning by post):