TERMS OF BUSINESS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are the supply of goods only or the supply and installation of goods.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2.1 Who we are. We are Frederick J French (Contracts) Limited a company registered in England and Wales. Our company registration number is 08841544 and our registered office is at Haltgate House, 52a Hullbridge Road, South Woodham Ferrers, Chelmsford, Essex CM3 5NH. Our registered VAT number is 208478101.
2.2 How to contact us. You can contact us by telephoning our customer service team at 01245-266966 or by writing to us at firstname.lastname@example.org or Coval Works, 37 Beehive Lane, Chelmsford, Essex CM2 9TQ.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3.1 How we will accept your order. Unless previously withdrawn, our quotation is open for acceptance for the period quoted or, if no such period is so stated, then within 30 days. All quotations are subject to the materials specified being available. You accept our quotation and place your order by completing an order confirmation form and returning it to us within the acceptance period.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Variation of price. Where an order is placed and accepted for goods differing in size, quality, quantity or any other way from the goods specified in our quotation or where your instructions or failure to instruct causes us to suspend the fulfilment of an order, an additional charge may be made.
4.1 Products may vary slightly from their pictures. The images of the products in our brochure or on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a product’s display of the colours or the printed pictures in our brochure or website accurately reflects the colour of the products. Your product may vary slightly from those images. The packaging of the product may vary from that shown on images on our website or in our brochure. All computer aided design (CAD) images you have been supplied with are only a visual representation of your bathroom and its products. They are not intended, nor are they, an exact likeness.
4.2 Product ordering. Your quotation and spreadsheet summary list all products to be ordered on your behalf and by signing the order confirmation form you are agreeing to the quantities and items ordered. If changes or additions are required after the order is placed, this will be treated as a new order for which payment is required and may not arrive within the timescale of the original order. Due to tile or flooring cuts and patterns, styles and sizes, quantities of tiles are estimated only. In the event additional tiles or flooring are required these products will be charged as per your original quotation.
4.3 Special order products. Any ‘Special Order’ products will be pointed out to you during the ordering process. These products are made individual to your specification and as such we are unable to accept any changes, cancellations or returns if the manufacturing of the order has been processed. This does not affect your legal rights.
4.4 Ex-Display products. Products sold as ex-display have been installed in our stores and may have scuffs and cosmetic damage consistent with normal use and wherever possible we have tried to show affected areas prior to sale. Ex-display products are sold without our standard guarantee. This does not affect your legal rights.
4.5 Measurements. If the contract includes installation by us, the price includes responsibility for measurement and setting out from datum lines and set dimensions provided by you. For supply only contracts, you will provide full dimensional details. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.
If you wish to make a change to the products you have ordered please contact us as soon as possible. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
If an item is ordered and you later decide it is not required, an invoice will be raised to cover the manufacturers re-stocking fee (25%) and any collection or delivery charges.
6.1 Delivery address requirements. It is your responsibility to ensure the delivery address is ready and able to accept delivery of the product if direct delivery is to be made, in particular that there is space for any delivery vehicle to make the delivery. All deliveries to your home must be signed for. In the event any product is missing from a delivery or is damaged it MUST be reported to us within 24 hours for us to resolve the matter with the manufacturer and arrange a replacement. The costs of delivery will be as told to you during the order process and any deliveries will be arranged for an am or pm slot. Preferences will be considered but cannot be guaranteed.
6.2 Product inspection. All products should be inspected before installation. Any boxes must be kept in perfect condition.
6.3 Product Sizing. All sizes quoted in our brochure are nominal. Actual ceramic sizes may vary by + or – 2% against the figures quoted in our technical data. When planning installations where dimensions are critical it is essential that the space allowed for individual items is physically checked with the products to be installed.
6.4 Additional product information.
Wood finishes – all natural wood finishes mature with age and colours may vary slightly from batch to batch or from panel to panel. It is therefore not always possible to achieve a precise colour match when additional items are added at a later date.
Vitreous china and brassware – these are extremely hard, non-porous products, but they are also brittle and therefore must not be put under stress during installation. Basin waste fittings when over tightened can create stress within the ceramic material which may in time cause the failure of the product. Waste fittings should be carefully bedded in silicon and the back-nut hand tightened. One additional quarter turn using a suitable spanner is sufficient to create the required watertight seal. Care should also be taken when fitting brassware in order to prevent similar stress related failures.
Cistern flushing – all of our pans and cisterns flush at 6 litres in compliance with European EN Standards
Acrylic and Quaryl baths – acrylic bath sizes are nominal, the final size often depending on the degree of detail incorporated into the design. All baths should be carefully inspected before installation.
Cast iron baths – during manufacture a thick coat of powder enamel is fused onto the internal surface of the red-hot cast iron. This long-established process can however produce ripples, small dimples and specks on the surface which are indeed part of the product.
Gold and nickel plating – all items supplied in antique gold or nickel finish have been plated in the UK where stated and the plating complies with British and European standards relating to the products concerned where stated.
Wood and wood veneer – furniture is produced from a combination of solid wood and wood veneer panels, and all sizes quoted are nominal and must be checked against actual product. The timber used is supplied from renewable sources and whilst every care is taken in the manufacture of wooden products inevitably there will always be variation in both colour and grain pattern between individual pieces. Where frosted glass is a feature, only toughened safety glass is used.
Bar pressures – the recommended operating pressure for taps, mixers and shower valves is from 0.3 Bar to 5 Bar. If the pressure is higher, a pressure reducing valve should be incorporated within the system. Note that some shower heads require different pressure and it is the customers responsibility to ensure this is provided.
Tiles – your tiles have been manufactured to simulate the look (size, shape, colour, thickness, tone of glaze) of a handmade tile and, as such, are all different in appearance from each other. In order to take the best blend, we recommend taking tiles from a number of boxes on application. To obtain the best appearance, we recommend a 3mm grout line. Use only waterproof adhesives and grouts.
6.4 Product care. Product cleaning guidelines must be followed to ensure longevity of use. Aggressive cleaners will cause damage to the finishes long term and void any manufacturer warranties. Products must be returned to the showroom for manufacture tests to be carried out. Replacements can be installed during the processing of the tests and a refund will be issued should the tests confirm the product is faulty.
6.5 Looking after your bathroom.
The glazed finish of your sanitaryware should be cleaned after use by applying a little cream-type cleanser. Apply using a sponge or damp cloth and rinse thoroughly with clean water. Cleaners containing abrasive materials should be avoided.
Antique gold, chrome or nickel plated brassware and taps should be cleaned with warm soapy water and dried with a soft cloth. Under no circumstances should bleach or abrasive cleaning products, polishes or detergent be used on plated surfaces and in particular should these materials be used on nickel or gold plated items it is possible that the surface will be damaged.
Acrylic or Quaryl baths should be cleaned using similar nonabrasive cleaners. Bathroom vanity furniture, seats and bath panels can be wiped over with a damp cloth and dried with a soft duster. The use of polishes containing silicon or any abrasive materials can damage the wood finish. Natural wax polishes should be used sparingly and applied using a soft dry cloth.
Stone / marble, to assist you in use, each piece has already been pre-sealed but will require regular maintenance with appropriate care and sealant products. We have used a special impregnation which optimally protects absorbent, stain-sensitive natural stone surfaces. It largely prevents the penetration of oil, greases and water and makes further maintenance easier. Using the right ongoing care products will facilitate the cleaning process and will maintain a fresher appearance of your stone surfaces. We recommend that you re-treat your purchase on a quarterly or six monthly basis dependent on use.
Tiles should be cleaned by washing with warm water to which a neutral, clear, low sulphate detergent has been added. After cleaning rinse well with clean water and polish with a clean soft dry cloth.
7.1 Bathroom access and removal – we will dispose of anything left in the bathroom, so please ensure before we arrive that you remove any fixtures or fittings you wish to keep or reuse. We will take reasonable care but during the removal of your old bathroom there is a chance while removing old tiles and loosening old plaster that the vibrations may cause cracking to other walls close by. If this does happen, we will repair the area ready for you to arrange suitable redecoration. During this process and throughout the installation the utmost care will be taken to ensure that the risk of damage is minimal.
All due care and consideration will be made to ensure the safe keeping of pets, but you are responsible for ensuring that measures are in place to safeguard them from injury or escape. We cannot be held responsible if an accident or escape occurs.
We will need to easily access your water tanks and get above the bathroom itself to install any extractor fan or lighting. It is your responsibility to ensure such access is clear and safe for us to enter. In the event you are unable to achieve this we will do so on your behalf. This clearance work is charged for at the hourly rate of £40.00 (excl. VAT). This will be an additional charge, not included in your original quotation.
Measurements are taken from your original space and we cannot be liable for any changes in size caused by removal or extensions which cause additional space e.g. lowering of floors, extending ceilings, bricking up a window. Should additional work be required due to these changes an amendment to the original quote will be required. You are required to inform us of these changes at least 14 days before installation commences.
We will take reasonable care, however when we lift floorboards there is a possibility that the plaster on the ceilings below may crack and, in some cases, leave fixings visible like nails and screws. If this does happen, we will repair the areas ready for you to arrange suitable redecoration. During this process and throughout the installation the utmost care will be taken to ensure that the risk of damage is minimal.
7.2 Consents/Design. Unless previously agreed in writing, you will obtain all required consents, licences and approvals before any work commences and will pay all costs and fees relating thereto. You are responsible for ensuring design compliance in accordance with all current regulations (in particular the CDM regulations and Approved Document M).
7.3 Installation process. During installation, carpets in high traffic areas for bathroom access are always protected with a sticky plastic covering, unfortunately there is no such protection for walls. We will always take the utmost care in your home, however, when handling large heavy items upstairs and through hallways minor damage, such as chips or scuffs may occur. If this does happen we will repair the area ready for you to arrange suitable redecoration.
As standard we conceal all pipework and shower-valves in the walls, where possible in line with the quotation, which creates a clean and professional finish to your bathroom. As this detail increases the risk of damage to nearby walls, should you wish to avoid this possibility altogether please let us know prior to work starting. We will then either leave pipe-work visible or fit pipe-boxing and likely use surface mounted shower-valves or a collar to hide any projections. When installing a shower booster pump, pump manufacturers require a minimum of 50 gallons stored water to prevent the pump running dry. In the event you have insufficient capacity in your water tanks to support the use of your required pump we will quote to provide this additional capacity, if required, during installation. In the event you do not wish to have this work carried out we will be unable to install the shower booster pump.
Whilst we are working within your home we will need to close water supplies to the bathroom. If your isolation valves, such as stopcocks, are poorly maintained and have ceased to open or close, they will need to be replaced for work to continue. These will be priced separately as an extra charge, not included on anything within your original quotation and may involve obtaining the assistance of a third party plumber.
If walls are having extensive (i.e. thick) plastering work carried out we will need to allow sufficient drying time before tiles are added. We will advise you accordingly in the event this becomes an issue or should an extension in estimated finish time be required. We require our drying times to be adhered to in order for our Workmanship Guarantee to remain valid. We will use white grout on the walls and grey grout on the floor, unless you have specifically specified otherwise prior to us starting work.
When installing your lighting it is likely that our electricians will have to remove loft insulation. This insulation will be left off after lighting is installed in order to prolong the life of the bulb and prevent overheating. All of our electricians are fully qualified and NIC registered, and in order for them to sign-off works carried out on your property they have to conform to writing regulations (17th edition). If you require any additional works these will be priced separately and if undertaken, you will pay your electrician directly e.g. insufficient earthing or no RCD protection on the board.
You are advised that extensive works and/or modernising of your bathroom could lead to problems with your heating system particularly if it is old and/or poorly maintained. You are required to provide us with information about your heating system e.g. age, maintenance dates and type of system, before work commences to try to avoid issues when re-filling the system following works carried out. Any modifications or upgrades to your heating system required to eradicate any problems, are not include in your original quotation. Should modifications, additions or changes to your heating system be needed, quotes can be obtained for the works required.
To minimise the unnecessary transportation of cardboard and plastic waste, we will bag all such waste for it to be taken with your other recycling on your usual council collection day. We will dispose of any items removed from your bathroom into a designated skip included in the price of your quote. If we require additional skips above that advised at the time of the sale you will be liable for the fees at our reasonable discretion.
We always use the very best tile adhesive and although flexible sometimes cracks can appear in grout lines (only applicable on wooden floors), due to natural movement. We allow for this by ‘plying’ the floor with Class 2 ply or equivalent and using flexible adhesive as standard. In such circumstances we cannot guarantee that cracks will not occur.
If carpets are lifted the re-laid, they can sometimes have a baggy look about them, although this should settle down after a week or so. In the event they do not resettle, we advise you to employ the services of a professional carpet fitter who will stretch them in to place correctly.
In the unlikely event you experience any workmanship related problem after installation you MUST contact us first. Failure to do so will invalidate your Workmanship Guarantee. For the avoidance of doubt, we will not be liable for any third party costs unless we have agreed to them in writing.
Following your final payment a complimentary professional clean of your bathroom will be arranged. This is not a compulsory stage of your bathroom installation and the offer can be withdrawn at any stage.
7.4 Our Workmanship Guarantee. We deal with every step of the installation process including plastering, electrics, plumbing and tiling. To ensure we both understand exactly what is expected of each other, what are obligations are, what are rights are and how the transaction is to proceed, we provide the following as part of our contract with our customers.
We comply with all obligatory health and safety requirements and are fully insured as a business.
Our workmen are trained to strict specifications and will only be assigned to a task if they have adequate skills and qualifications to complete the project to our exacting standards. We promise to work in a clean and tidy manner and will finish each day with a thorough check of the working area to ensure it is clean and safe.
We will spend time with you to ensure you understand what inconveniences you will experience and when so that you can make alternative arrangements if you need to. We will try at all times to ensure that these are kept to a minimum. If the project means that you are without water or basic amenities for any length of time we promise to work quickly to get them back for you with the least possible inconvenience. Should this be an extended period due to the project’s complexity we may provide portable toilet amenities if required.
Our project managers will meet with you regularly throughout the project so that you understand what is happening and when and whether any unforeseen issues or delays will be experienced.
All work carried out by us is protected by our own guarantee of up to 12 months and any products are protected under the manufacturer’s guarantee
8. Providing the products
8.1 Delivery costs. The costs of delivery will be as told to you during the order process / set out in our current price list or the quotation.
8.2 When we will provide the products. Times quoted for delivery are from the date of receipt by us of your completed and signed order confirmation form and all necessary information, drawings, approval, and payments. During the order process we will let you know when we will provide the products to you. Sometimes products come direct from outside the UK and we cannot be held responsible for any delays.
8.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
8.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery. We may charge you for storage costs and any further delivery costs until a redelivery date is agreed.
8.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 10.2 will apply.
8.6 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.
8.7 Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
8.8 When you become responsible for the goods. We can accept no liability for defects or goods damaged in transit not signed for as such on delivery, nor for defects, damage or undelivered items not reported to us in writing within 24 hours of delivery. The goods will be your responsibility from the time we deliver the product to the address you gave us.
8.9 When you own goods. The goods will remain the sole absolute property of us as legal and equitable owner until the whole of the purchase price has been paid.
8.10 Insurance. You are responsible for obtaining insurance cover for all goods supplied and you will ensure satisfactory protection for all materials, equipment and other items belonging to us.
8.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products in our brochure or on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 10.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.12 We may suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).
9.1 You can always end the contract for the supply of a product before it has been completed. You may contact us to end your contract for a product at any time before we have delivered it or completed supplying it and you have paid for it, but in some circumstances we may charge you for doing so, as described below. Of course, you always have rights where a product is faulty or mis-described (see clause 11, “If there is a problem with the products”).
9.2 What happens if you have a good reason for ending the contract. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) you have a legal right to end the contract because of something we have done wrong [(but see clause 8.7 in relation to your rights to on end the contract if we deliver late].
9.3 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 9.2, then the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9.4 Returning products after ending the contract. If you end the contract after products have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you are exercising your legal rights to end the contract because of something we have done wrong then we will pay the costs of return. In all other circumstances you must pay the costs of return.
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(c) you do not, within a reasonable time, allow us to deliver the products to you; or
(d) you do not, within a reasonable time, allow us access to your premises to supply the services.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know as soon a practicable in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01245-266966 or write to us at email@example.com or Coval Works, 37 Beehive Lane, Chelmsford, Essex CM2 9TQ. Alternatively, please speak to one of our staff in-store.
11.2 Returns and Refunds –all of the products supplied by us carry a one year guarantee against failure caused by manufacturing defect.
Taps, mixers, accessories and shower valves are guaranteed against manufacturing defects for one year, this excludes plated surfaces and replaceable parts which are subject to normal use such as washers.
Our vanity furniture is guaranteed against manufacturing defects for a period of one year from installation.
All components incorporated in Hydro Jet Whirpool Systems are guaranteed for one year.
All stone and marble products carry a one year guarantee against manufacturing defect but does not guarantee against staining or discoloration.
Tiles carry a one year guarantee against manufacturing defect but does not guarantee against staining or decolourisation
We will make a suitable replacement of the item, in part or in whole, despatched at the earliest possible opportunity as notified by us.
Specific manufacturer warranties are as follows
Villeroy and Boch offer a 5 year warranty, except cisterns which have a 2 year warranty and whirlpool baths a 2 year warranty.
Hansgrohe offer a 5 year warranty.
Roman Showers offer a life warranty as per their terms of business.
Zehnder offer a 2 year warranty on electric radiators and 5 years on wet radiators.
11.3 Making a claim under a guarantee. To make a claim under our guarantee the following conditions must be met:
Proof of purchase must be supplied at the time of the claim
Products should have been fitted in accordance with our fixing instructions, EN standards and general plumbing practice
We need to ensure that the product has been maintained and cared for in accordance with our care instructions. We cannot accept responsibility for the failure of a product if it has been modified, misused, neglected or wilfully or accidentally damaged. It should have been used for its sole design purpose.
The product guarantee does not cover damage during fitting, accidental or malicious damage, improper use or negligence, discolouration due to prolonged exposure to sunlight or UV light, general wear and tear (for example light bulbs, hinges, cartridges and shower hoses are items that do need to be replaced periodically), damage due t poor installation or servicing or consequential loss.
We must be given reasonable opportunity to inspect the product in the installed situation and to send it away for tests if we consider it appropriate. If removed the product should be retained for inspection.
11.4 Guarantee. This guarantee applies only to the single product in question and not to the whole bathroom suite. We will not bear costs for repairs or replacements where the product fault is due to: accidental or malicious damage, improper use, negligence, general wear and tear, damage due to poor installation (where nit installed in whole by us) or servicing or consequential loss, where modifications have been made to the product or where the product has not been used for its sole use.
11.5 Guarantee and Legal rights. To the extent permitted by applicable law, other than the express guarantee set out in these terms and conditions we (or any other third party supplier) make no additional guarantees or warranties, expressed or implied.
11.6 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
· up to 30 days: if your goods are faulty, then you can get an immediate refund.
· up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
· up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
11.7 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must allow us to collect them from you. Please contact us for collection.
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
12.4 When you must pay and how you must pay – Payment is due net cash with the order unless credit facilities have been agreed.
If your order is for the supply of goods only you must pay the full amount when you place the order by completing the order confirmation form.
If your order is for the supply and installation of goods we require a 50% deposit upon placing the order with the final 50% balance paid at least 14 days before the installation services are due to start.
All products and materials remain our property until the balance is paid in full. Should you instigate a delay in installation during the process, the payment structure issued to you at the order stage withstands.
12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of Barclays from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987
13.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property (to the extent and in the circumstances as set out in these terms and conditions) caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
13.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
14.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.
15.1 Copyright. Copyright in all drawings, designs and other artistic works and copyright in all brochures, catalogues and other literary works shall vest in us.
15.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.3 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.4 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
15.8 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider we use. Please contact us for their details. They will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
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Frederick J French founded the company in 1895. After his death in 1947 the company was sold to the surviving directors and since that time has been owned and managed by “hands-on” directors working full-time in the business and incorporating the values of a family firm.
37 Beehive Lane, Chelmsford,
Essex, CM2 9TQ
Mon to Wed - 9:00 to 5:30
Thu - 9:00 to 20:00
Friday & Sat - 9:00 to 5:30
Sunday - Closed