- It is the intention of Snug Home Kits Limited (the “Company”) that all terms of a contract between the Purchaser and the Company are contained in this document and in the brochures and specifications (if any) provided to the Purchaser. If the Purchaser arranges finance via the Company’s nominated finance company, the terms of the Purchasers finance agreement which the Purchaser will have to complete are also part of the contract. If the Purchaser wishes to rely on any variation in these terms he/she is asked to ensure that such variations are either written into this agreement or notified to the Company in writing as soon as possible after the contract is signed.
- The Company, having discussed with the Purchaser the requirements for the product as listed overleaf (the “Order”), needs to undertake a survey of the Purchaser’s Premises to take detailed measurements and specifications (the “Survey”) and any contract is subject to the carrying out of that Survey.
- The Company shall undertake the Survey within 14 days of receipt of the Order or such longer period as agreed between both parties. The Company reserves the right to cancel the Order within 14 days of the Survey by notifying the Purchaser in writing of the reasons for cancellation and by refunding in full all monies paid.
NOTICE OF RIGHT TO CANCEL
- The Purchaser has the right to cancel this contract by sending written notice to the Company no later than 7 days after the date of Order and upon such cancellation any monies paid by the Purchaser will be refunded in full, less any costs incurred. A cancellation form is attached for your convenience at the foot of this form and maybe used if you so wish. It is within the Purchaser’s interests to send any such notice by recorded post. If you request cancellation later, then unless we are in breach of contract, we have the right to refuse it. The cancellation may be allowed at the Company’s discretion, upon payment of a stated sum covering any losses or costs we suffer because of the cancellation.
SURVEY AND PERMISSIONS
- At the time of the Survey for an extension or garden room the Purchaser will be given a form to complete detailing information about the Premises this will form part of the contract. This will also request information as to whether the Premises is a listed building or within a conservation area. If the Purchaser does not inform the Company that the Premises is a listed building or within a conservation area the Company shall be entitled to presume either that it is not, does not, or that the Purchaser has obtained all necessary approvals. If the Purchaser confirms any of the above relating to listed building status or conservation area status the Company may, on agreeing such suitable other costs in addition to the Works, liaise with the necessary authorities using reasonable endeavours to obtain the necessary approvals to carry out the work specified in the Order (the “Works”). The Purchaser is requested to acknowledge, confirmed by the Purchaser by the signing of the Order overleaf, that the granting of approvals is outside of the Company’s control and it cannot be held responsible for any claims, loss, damages or enforcement action because of any failure of the Purchaser to have such approvals except where the failure is due to the Company’s negligence.
- In the case of a replacement roof to a conservatory, the Company will supply and install on the basis that the alteration and installation of the roof will not require additional planning permission. If it is found that planning permission is required the Company may, on agreeing such suitable other costs in addition to the Works, liaise with the necessary authorities using reasonable endeavours to obtain the necessary approvals to carry out the work specified in the Order (the “Works”). The Purchaser is requested to acknowledge, confirmed by the Purchaser by the signing of the Order overleaf, that the granting of approvals is outside of the Company’s control and it cannot be held responsible for any claims, loss, damages or enforcement action as a result of any failure of the Purchaser to have such approvals except where the failure is due to the Company’s negligence.
- In the case of a garden room or extension where planning permission is required the Company will advise on the provision or arrange if requested by the Purchaser for a design consultant to provide drawings and specification for submission to the local authority for planning and building control permissions. Any work undertaken by the design consultant will be at extra cost to the price quoted for the Works, although the Company may have indicated a budget PC sum for the costs involved within the Company’s quotation/price. Payment to a design consultant is to be direct to the design consultant by the Purchaser and the Company is not responsible for the work provided by the design consultant. The Purchaser is requested to acknowledge, confirmed by the Purchaser by the signing of the Order overleaf, that the granting of approvals is not the responsibility of the Company and it cannot be held responsible for any claims, loss, damages or enforcement action because of any failure of the Purchaser to have such approvals.
- In the event of the survey revealing information about the Premises, whether structural or otherwise which would require a change in the specification of the Works or the price as set out in the Order –
(a). the Company shall produce a revision detailing any changes in specification, price or otherwise which the Purchaser shall be free to accept or reject. If the revision is not accepted by the Purchaser within 7 days of notification the Company shall be free to cancel the contract by written notice to the Purchaser; or
(b). if any necessary approvals relating to the status of the Premises are not forthcoming within a reasonable period either party shall be free to cancel the contract by written notice.
(c). in the event of cancellation under this clause, any deposit paid shall be refunded less survey/admin fees incurred, without interest and the agreement will be at an end.
SAMPLES AND SPECIFICATION
- Representatives showroom samples and photographs may be used to demonstrate a typical product and its composition. Minor deviations from this standard may be unavoidable from time to time and in such circumstances every effort will be made to advise the Purchaser of such unavoidable changes. The Company also has a policy of continuing improvement and development of its products and methods of installation. The Company reserves the right to make minor alterations to the specifications generally and to change the specification of the products supplied if necessary to meet building standards, safety requirements or other changes in legislation so long as the changes do not materially affect the appearance or performance of the products.
- Whilst all glass used is from reputable glass suppliers there may at times be minor imperfections in the glass. The Company will not be liable to the Purchaser for any deviations from specification.
- The Company will endeavour to ensure that the works match existing finishes but will not be liable for non-matching due to weathering of existing materials or if existing materials are no longer available. The Company cannot guarantee the matching of specialist external finishes such as pebble-dashing or similar material. When variations occur in existing plaster lines the Company cannot guarantee that equal sub-frame will be visible all round but will do its best to ensure a high standard is achieved.
- The Company will take all reasonable care to carry out the Works without causing damage to the Purchasers Premises and will make good any reasonable damage caused to plaster and cement work, rendering and brickwork during installation. The Purchaser is advised that installation may cause damage to internal and external decoration (e.g. wallpaper, pebble-dashing etc.) and that it is anticipated that the area surrounding the installation will require redecoration following installation. For conservatory, garden room or extension installations damage is likely to occur to the garden area immediately surrounding the completed conservatory, garden room or extension. Any redecoration or making good of the garden will be the Purchasers responsibility and is not included in the price quoted for the Works unless specifically agreed between the parties in writing the Company may agree to carry out such works for an additional fee. For the avoidance of doubt this provision does not exclude the Company’s responsibility for damage beyond that which is reasonably exposed with the installation of the product in the usual way (for example, damage to other parts of the premises where the installation is not taking place). The Company will only be responsible for the losses that are foreseeable.
It may be that the only access to the Works is through the existing property, it is the responsibility of the Purchaser to protect all areas, which will include, not exclusively, floors, walls, ceilings, doors, radiators, skirting’s, architraves and all and any type of fittings against damage unless specifically agreed in writing with the Company detailing exactly what will be provided as protection.
All foundations will be based on visible and apparent conditions of the site when surveyed. Subsequent unseen site environmental conditions may be subject to alternate methodology’s and consequential costs. If strip foundations are specified, we have allowed a dig to a maximum depth of 1 metre, if additional depth is required by the Building Inspector, there may be additional charges. If piles are being specified, they are priced up to a depth of 5 metres, if ground conditions dictate the pile length may increase which may incur additional charges. There has been no allowance made for street permits for a skip to remove rubbish and spoil, it has been assumed that space for a 6m3 skip would be available on the property during the construction period.
- Any claim by the Purchaser for compensation for damage caused by the Company must be notified to the Company as soon as practicable after the damage is discovered.
- The Purchaser is advised that the Company does not agree to undertake the re-siting of any gas, electrical, (including wiring and any home security measures), plumbing or telephone installations necessary to allow the installation included in the price except where this is specifically noted on the Order. In all other cases the Company may agree to carry out such works in return for an additional fee.
The Purchaser is recommended to make suitable arrangement for such works to be carried out prior to the installation works to avoid any delay in installation.
The Company will not connect to any existing electrical supply that does not comply with current IEE regulations. Extra costs may be incurred to meet regulations.
- It is the sole responsibility of the Purchaser to ensure that any pets and children are kept safely away from the area of the Works and areas of access used by any of the Company’s workforce. If the Company deems that pets or children may be at risk due to them being around the Works, the Company reserves the right to stop all work until the situation is resolved and the Works can continue safely, any delay to the Works will be charged at a rate of £30 per hour, per man for any time lost.
TIMING OF THE WORKS
- The Purchaser will give the Company access to the Premises (including the Company’s employees and sub-contractors) at all reasonable times to allow the Company to carry out the installation of the Works in accordance with this contract.
- The Company will agree with the Purchaser a date for the installation and will do all that it reasonably can to meet the date. In the case of unforeseen circumstances beyond the Company’s reasonable control the Company may not be able to do so. In such circumstances the Company will contact the Purchaser to agree an alternative date. The Purchaser will also do all that he or she can reasonably do to enable the installation to take place on the agreed date. The Purchaser will also do all that he or she can reasonably do to enable the installation to take place on the agreed date. In the case of unforeseen circumstances, the Purchaser will contact the Company to agree an alternative date.
If you are paying for the installation using finance, please read provision 19.
- Subject to below exceptions listed in (a) to (g). The Company guarantees all materials and workmanship used in relation to the installation of the works for the period from the date of installation as set out below: –
all moving parts including handles, hinges, locks;
any timber content of frames, roofs and other structures relating to the Works;
any electrical works undertaken (including fans and sockets);
any external and decorative works including but not limited to patios, paving, paths, retaining or decorative walls, steps and balustrades.
window and conservatory frames and roofs, glass sealed units.
The guarantee will be effective upon receipt of the balance of the price payable by the Purchaser on completion of the Works. The Company will repair or replace any defective or faulty work arising which are covered by this guarantee.
The Company will not be liable under this guarantee for any of the following:
(a) any damage caused by extreme weather conditions.
(b) any damage or deterioration due to the Purchasers failure to look after the installation in accordance with the Company’s maintenance instructions.
(c) any failure of the installation to reduce or eliminate condensation.
(d) any damage caused by subsidence to the Premises.
(e) any damage caused by failure in the Premises foundations, except if these have been constructed by the Company.
(f) any discolouration or frost damage to brickwork.
(g) furthermore the Company accepts no responsibility for reaction to materials caused by biological or atmospherics conditions.
This guarantee is in addition to your statutory rights as a customer.
- The price of the Works (“Price”) shall be as set out on the Order overleaf. The balance of payment due on completion shall be paid to the Company upon completion of the installation. Payment can be made by credit or debit card or cash or cheque payable to “Snug Home Kits Limited”. Charges incurred for payment by credit or debit card will be added to the final invoice.
The Purchaser shall not withhold or reduce the amount due because any complaint unless such complaint has been received in writing by the Company. In any event, the Purchaser shall not be entitled to withhold more than a reasonable proportion of the amount due to the Company having regard to the alleged defect. If any payment is overdue for more than 14 days, the Company shall have the right to charge interest at the rate of 4% per annum over the base rate of Santander Bank plc from the date payment was due until the date payment was received in full. Any costs related to overdue payment will be charged to the Purchaser. If no VAT is listed and is due, or if the rate of VAT changes before the contract is signed, the Purchaser is notified of any change in the VAT rate or the rules on the imposition of VAT may result in change in the amount of VAT to be charged to the Purchaser. The Company will inform the Purchaser of any such change as soon as possible after the Company becomes aware of them.
- If the Purchaser intends to pay for the Works using a bank loan or other financing arrangement the Company may decline to enter into the contract until written evidence of the loan or agreements are produced by the Purchaser. If such evidence is not available after a reasonable period or the loan is declined the Purchaser may cancel the Order and have any monies paid returned in full.
- English law will apply in the interpretation of this contract.
- As an existing customer you would allow the Company to re canvas to offer any further products in the future. Furthermore, the details you have provided may be used to keep you informed about other products provided by the Company and other selected third parties. If you do not wish to receive such information please write to Snug Home Kits Limited, Stanlaw Abbey Business Centre, Dover Drive, Ellesmere Port, CH65 9BF.
CANCELLATION FORM (complete and return this form to the address below ONLY IF YOU WISH TO CANCEL THE AGREEMENT)
To: Snug Home Kits Limited
Stanlaw Abbey Business Centre,
Dover Drive, Ellesmere Port,
Of address …………………………………………………………………………………………………..
Hereby give notice that I/We wish to cancel our agreement dated ……………………..
(all parties to the agreement to sign)