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1. DEFINITIONS AND INTERPRETATIONS

a. The Supplier is referred to as DIY MODULAR HOUSE EXTENSIONS LTD with Company Number 14836434 and VAT Number 450 2155 33.

b. The Customer shall mean any person, partnership, unincorporated business or incorporated company to whom the supplier agrees to sell goods or services.

c. Goods; shall mean the Goods which the supplier is to supply in accordance with these conditions.

d. Any reference in these conditions to any provision of a statue shall be constructed as a reference to that

provision amended, re-enacted or extended at the relevant time.

e. The headings in these Conditions are for convenience only and shall not affect their interpretation.

2. FORMATION OF CONTRACT 

a. All orders and contracts shall be in writing. A quotation does not constitute A Contract until a Full Order Confirmation and invoice is sent and accepted to form a binding contract. An order confirmation is a binding contract but with these current terms and  conditions agreed to herein.  The Supplier is not willing to contract otherwise than on these conditions which shall be deemed to be incorporated into any order accepted by the supplier whether or not it is based upon, or results from, any advertisement, quotation or catalogue to the exclusion of any terms of the Customer in so far as the same are inconsistent herewith. No modifications of these conditions shall be effective unless the same is in writing and signed by an authorised signatory of the Supplier.

b. Any quotation shall be regarded as an invitation to treat and no contracted order arising out of the quotation shall be accepted save by the acknowledgement in writing signed by an authorised signatory on behalf of the Supplier.

c. Unless made by the Supplier in writing the Suppliers employees or agents are not authorised to make any representations. In placing an order the Customer acknowledges that it does not rely on, and waives any claim for breach of any representation other than those made in writing by the Supplier.

d. Any advice or recommendation given by the Supplier, or its employees or agents, to the Customer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by the supplier, is followed or acted upon entirely at the Customers own risk and accordingly the Supplier shall not be liable for any such advice or recommendation which is not so confirmed.

3. PRICE

a. Unless otherwise stated in the final order confirmation and not a quotation or acceptance by the Supplier, all pricesquoted are in Pounds Sterling on an ex-works basis and are exclusive of any applicable Value Added Tax and building control fees for which the Customer shall be additionally liable and where the supplier agrees to deliver the goods the Customer shall be liable to pay the Suppliers charges for transport packing and insurance. 

b. The rates and prices given in the quotation are not subject to any discount, whether trade or cash, except suchas may be expressly specified in the quotation.

4. DELIVERY

Where it has been agreed that the goods will be delivered to the customer:

I. Nothing herein shall preclude the Supplier from arranging for the delivery of the Goods to the Customer in advance of the indicated delivery date.

II. Delivery shall be to the destination specified by the Customer in the order. The Supplier shall not he bound to deliver to any other destination, but in the event of any agreement to deliver to any alternative destination, the

Customer will he charged for any increased costs thereby incurred in addition to the contract price and must be instructed and signed in writing by both parties to receive and acknowledge the same.

III. Delivery dates (where given) are quoted in good faith by the Supplier and are based upon the date of receipt of the order. Delivery shall have been deemed to have taken place when the Goods are in the specified location ready for delivery to the Customer and it shall be the responsibility of the Customer to ensure access and adequate safety for the Suppliers vehicles. 

 

IV. Goods shall be examined immediately upon arrival and any apparent damage or shortages shall be reported in writing or by facsimile to the Supplier and to the carriers so that such notification is received not later than 48 hours after delivery. The Customer shall indemnify the Supplier against any loss suffered because of its inability to claim against the carriers as a result of a breach of this provision by the Customer. Damaged goods must be left in the state in which they were delivered until a representative of the haulier of supplier has inspected the damage. Excessive handling of the goods prior to inspection may invalidate any claim. 

V. Delivery shall be deemed to have taken place when the Customer takes possession of the Goods.

VI. Whilst the Supplier will make every possible effort to meet delivery dates it will not in any circumstances be liable for any failure to do so, nor for any consequential loss of any kind arising from late delivery. The Supplier waives any right should a delay in delivery occur and will endeavour where possible to give at least 24 hours notice the same, cancellations and refunds are absolutely not permitted once manufacturing has commenced.  The Company holds no liability for installation dates that need to be moved due to varying reasons beyond the control of the company.

5.FORCE MAJEURE

In the event that the Supplier shall he delayed in, or prevented from, carrying out any of its obligations under a Contract for the sale of goods or reparation post installation as a result of any cause beyond its control including (but not by way of limitation of)war, invasion, hostilities and civil war strife or commotion, strikes, lockouts, lockdowns, or situations beyond our control, breakdown of plant, failure of third party to deliver Goods or materials. Storm, floods, fire or any other cause, the Supplier shall be at liberty at its election to suspend the Contract in which case it shall be relieved of all obligations and liabilities incurred under such Contract insofar as and for so long as the fulfilment of such obligations and liabilities is thereby presented, frustrated or impeded, or to cancel the Contract without incurring any further liability whatsoever.     If a Project Installation is delayed we will once again endeavour to give 24 hours notice but will not be held liable for delays beyond control of the Company unless duly expressed so in writing to the customer.

6. TERMS OF PAYMENT.

a. Unless otherwise stated or agreed in writing by management ONLY  payment for all goods supplied shall be paid as

follows:

-50% to be paid on Order Placement,

40% to be paid 4 Weeks prior to delivery and instalment of service,

10% to be paid on final day of completion of works and upon the customers final check.

In addition to the above please note that building control fees are additional.

b. If the Customer is in default of these conditions the Customer shall in addition pay interest upon the balance outstanding calculated on a daily basis at 5% above the HSBC Bank Lending Rate from time to time in force from the date of default until the date that payment is received. A minimum charge for late payment will be 25.00 per calendar month

c. All extra charges for late payment shall be paid when invoiced by the Supplier.

d. In the event of the Customer failing to comply with the provisions for payment contained in the preceding sub- clauses, or in the event of any dispute or delay in payment or retention made by the Customer, this shall he regarded as a breach of condition and the Supplier shall be entitled to treat such failure as a repudiation of the Contract and of all Contracts between the Supplier and the Customer, and without prejudice to all other rights of the Supplier to claim damages or any other relief, the Supplier may without notice suspend all further deliveries to the Customer in relation to the Contract concerned or any other Contract without liability to the Customer for any

loss or damage whatsoever arising.

e. If the Customer is in default of any of these conditions, we (the Company) reserve the right to revoke building control application until the balance is repaid in full.   If the matter is pursued throughout a Court of Law we will claim for all costs and losses relating to this matter.

7. BUILDING CONTROL / BUILDING CONTROL FEES

Most house extensions require Building Control approval and we will advise you regarding the appropriate fee charges levied by the Local Authority. You will be responsible for paying for the Building Control Fees which will be included in your Order Confirmation unless otherwise stated by us. DIY Modular House Extensions will not be held liable for further costs arising from deeper footings required to be dug on inspection from building control and a labour rate will apply for any footings requiring to be dug over 700mm and you will of course be informed of this on survey of your property and details will be placed on your order confirmation in the potential extras

section.  Building Control Applications are made at the discretion of the Company and if late payment or arrears fall into place we reserve the right to revoke this service and you will be solely responsible for lodging a retrospective application yourselves.

8. WARRANTIES

a. The Supplier offers full insurance and an insurance backed guarantee on the product sold to the customer.

b. Except in respect of death or personal injury caused by the Suppliers negligence the Supplier shall not be liable to the Customer by reason of any representation or any implied warranty condition or other term or any duty of Common Law or under the expressed term of the Contract for any consequence or loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for consequential compensation whatsoever, (whether caused by the negligence of the Supplier its employees or agents or otherwise) which arise out of or in connection with the provision of the Goods or Services, or in the use or resale of the Goods by the Customer except as expressly provided in these Conditions.

9. NATURAL BOUNDARIES

We prepare the plans based upon dimensions taken on site at survey. Where there are no obvious boundaries or they are hidden from view by debris, snow or existing buildings, we will agree the dimensions with you. Where fences and walls exist between properties we accept these `natural boundaries` as being correct. If you have any doubt regarding the ownership of any land we would advise you to speak to your neighbour and obtain a letter giving their consent to the proposals or contact your solicitor or building society for clarification.

10. FEES NOT INCLUSIVE

Our fees are exclusive of all Local Authority charges (i.e. planning and building control charges), ordnance survey charges and the cost of consultant Engineers charges for preparation of structural calculations, which may be required by Building Control.  Any Structural Calculations and RSJ work will be additionally priced and listed on the final order confirmation/invoice.

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12.  PLANNING PERMISSION

DIY MODULAR HOUSE EXTENSIONS do not undertake Planning Applications whether new or old or passed,granted or declined.  It is the clients sole responsibility to ensure any planning permissions are granted, DIY MODULAR HOUSE EXTENSIONS take no responsibility for out of time or expired applications and will not be liable for any delays or cost implications relating hereto.  Orders will not be cancelled for this reason as once the extension products are ordered and/or fabricated the deposit will be held for this reason.  The client is solely

responsible for ensuring that their planning applications are in date and the company DIY MODULAR HOUSE EXTENSIONS accept no liability for this in any event.

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13. SITE SURVEYS

Site Surveys are chargeable at £199.99. These fees and any other associated costings are none refundable. 

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14.  EXCEPTIONS TO THE RIGHT TO CANCEL

A) The contract is for goods which are bespoke and designed for individuality or personalised or which may deteriorate;

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B) Orders cannot be cancelled after the deposit is made and manufacturing has commenced.

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15.   ACCEPTANCE TERMS AND CONDITIONS

After order confirmation and your payment of initial deposit you hereto accept these terms and conditions and enter into a legally binding agreement with DIY MODULAR HOUSE EXTENSIONS.  By ticking the box on the enquiry section of our website you legally agree to have read and accepted our terms and conditions.