TERMS AND CONDITIONS OF BUSINESS
It is agreed that the following terms and conditions together with the Quotation (“the Agreement”) set out the entire and only agreement made between you (“the Customer”) and Outback 365 Limited (Company Number NI643658) (“the Company”) and no variation or modification of this Agreement shall be effective unless it is agreed by both parties in writing.
Any work of any description undertaken by the Company in the supply of the Products (as defined below) shall be subject to the following terms and conditions.
Definitions:
Confidential Information: means any information and/or data disclosed by the disclosing party to the receiving party that is designated as “confidential” or which by its nature is clearly confidential or any information of a confidential or proprietary nature (irrespective of the form of presentation or communication including, but not limited to, computer software and data, physical objects and samples) relating to the business, operations, customers, processes, budgets, pricing policies, product information, know-how or strategy of the disclosing party;
Products: means the products detailed in the Quotation; and
Quotation: means a document to be provided by the Company to the Customer detailing the Products to be provided and the costs of same.
1. QUOTATION
1.1 The Company shall provide the Customer with a Quotation including a detailed description of the Products to be supplied and the price in respect of same.
1.2 It is the responsibility of the Customer to review the Quotation to ensure that it meets their requirements.
1.3 Any amendments to the Quotation may only be made through agreement in writing by both parties.
2. CHARGES AND PAYMENT
2.1 The Company shall provide detailed pricing information within the Quotation.
2.2 The Customer shall be required to pay a non-refundable deposit, the amount of same to be detailed on the Quotation, at the time of placing their order, unless otherwise agreed with the Company in writing.
2.3 Final payment in cleared funds is required once the Company has advised the Customer that the Products are in stock.
2.4 Where payment is not received by the Customer within 30 days, the Customer agrees to pay the Company interest, on the basis set out in Clause 2.5 in addition to the outstanding payment.
2.5 Interest will be charged on any outstanding fees at an annual percentage rate of 8% over the Bank of Ireland’s Base Rate calculated on a daily basis for each day that the fees remain outstanding. A statement from the Company as to the amount of interest due shall in the absence of manifest error be conclusive.
2.6 The Company shall have the right to adjust its prices as detailed in a Quotation to take account of increase in the price of materials, parts, labour, transport, changes in work or delivery schedules or quantities or any other costs of any kind arising for any reason after the date of the Quotation. The Company shall notify the Customer as soon as possible of any adjustments to pricing and if the price increase is greater than 10% of the original price for the Products as detailed in the Quotation, the Customer shall be entitled to cancel their order and the Company will provide a full refund.
3. DELIVERY
3.1 The Company will provide the Customer with time estimates pertaining to the delivery of the Products.
3.2 The Company will use all reasonable endeavours to comply with the time estimates provided but any time estimate shall not be binding upon the Company and the Company shall not be liable for any losses resulting from delay in delivery or performance.
3.3 Any fluctuation in the time required to provide the Products will not affect the applicable fees detailed in the Quotation.
3.4 Delivery is deemed to take place when the Products are delivered to the Customer’s address, whereupon the risk of loss, breakage, damage and all other risks shall pass to the Customer.
3.5 Legal and beneficial title in the Products shall not however pass to the Customer until payment is received in full by the Company of all sums owed to it on any account by the Customer, whether arising out of this or any other contract, and until then the Customer shall hold the Products in trust for the Company.
3.6 Until such payment the Company may recover those Products at any time from the Customer if the Company judges that the amount outstanding from the Customer on the general statement of account between the parties is in excess of the credit limit the Company is willing to accord to the Customer and for that purpose the Company, its servants and agents may enter upon any land or building upon which the Products are situated and the Customer shall if so requested by the Company store the Products in such a way as to make them clearly identifiable as the property of the Company.
4. CUSTOMER’S OBLIGATIONS
4.1 The Customer shall;
a) Ensure that the Company has been briefed on all material aspects to enable them to commence work;
b) Provide the Company, its employees, agents, consultants and sub-contractors with access to the Customer’s premises and other facilities as reasonably required by the Company; and
c) Provide the Company with such information and materials as the Company may reasonably require in order to supply the Products.
5. WARRANTY
5.1 In relation to certain Products supplied to the Customer by the Company, the Customer will enjoy the benefit of the relevant manufacturer’s warranty and must follow the warranty procedure set out by the relevant manufacturer. If a warranty is applicable, this will be clearly stated within the Quotation.
5.2 In addition to the manufacturer’s warranty detailed at Clause 5.1 above, the Company shall provide an additional warranty for a period of 2 years commencing on the date of expiry of the manufacturer’s warranty (“the Company Warranty”) The Company Warranty shall provide cover in respect of manufacturer’s defects or defects arising out of normal domestic use and shall apply to gazebo products only.
5.3 The following exclusions shall apply to the Company Warranty:
- Normal wear and tear;
- Damage caused by improper assembly, disassembly or use;
- Adverse weather and other forces of nature;
- Any rips, tears or piercing;
- Any abuse, neglect or misuse by the Customer or any failure to use the Products in accordance with any instructions provided by the Company or the manufacturer.; and
- Deterioration by aggressive substances
5.4 If a Customer considers that they have a claim under the Company Warranty, they shall be required to:
a) Notify the Company immediately by email with a full description of the damage and photographic evidence of same.
b) Repack the defective parts in the original packaging and notify the Company when the goods are ready to collect. For the avoidance of doubt, the Company will not repair or replace the goods where they have been damaged by the Customer packaging same.
c) After the Company has examined the defective part(s), it will arrange for re delivery of a replacement part subject to stock availability, provided that the goods have not been used or mistreated in any way by the Customer. If, in the Company’s opinion there is evidence that the goods have been used and that the damage has been incurred as a result of such use, the Company reserves the right as to either a) accept the goods for full replacement, b) offer a replacement part on payment of a 50% repair charge or c) decline to accept the goods and return them to the Customer in their damaged state. Under these circumstances, the Customer will be liable for the carriage cost of collection and return.
5.5 The Company’s liability under the Company Warranty shall be limited to the repair or replacement of the non-confirming goods or parts within a Product.
6 . CONFIDENTIALITY
6.1 Neither party will disclose to any third party, nor use for any purpose except as expressly permitted by these Terms and Conditions, any Confidential Information belonging to the other party.
6.2 Neither party will be in breach of any obligation to keep any Confidential Information of the other party confidential or not to disclose it to any third-party to the extent that it:
(a) was rightfully in the receiving party’s possession prior to disclosure to it by the other party;
(b) is already public knowledge or which becomes so at a future date (otherwise than as a result of breach of this Clause 6);
(c) is received from a third party who, to the knowledge of the receiving party, is not under an obligation of confidentiality in relation to the information;
(d) is developed independently without access to, or use or knowledge of, the confidential information, or
(e) is required to be disclosed by operation of law, or court order.
7. CANCELLATION
7.1 The Customer shall be entitled to cancel their order with the Company by giving the Company notice of cancellation within 14 days of the date of placing their order (“the Cooling Off Period”) and will be entitled to a full refund. Such notice may be given by phone or email.
7.2 If the Customer wishes to cancel their order with the Company after the expiry of the Cooling Off Period but before the expiry of 12 weeks from the date of placing their order, the Company shall be entitled to retain 20% of the total price paid by the Customer.
7.3 The Company does not offer any form of refund after the expiry of 12 weeks from the date of order. This Agreement does not affect the Customer’s statutory rights.
8. INSURANCE
8.1 The Company shall have in place valid professional indemnity and public liability insurance.
9. FORCE MAJEURE
9.1 The due performance of this agreement is subject to alteration or cancellation by either party owing to any cause beyond their reasonable control e.g. sudden illness or injury.
9.2 the Company shall not be liable for any loss or damage caused by acts outside its control.
10. SEVERANCE
10.1 Any modification or deletion of a provision or part provision under these terms and conditions shall not affect the validity and enforceability of the reset of these terms and conditions.
11. LIMITATION OF LIABILITY
11.1 Nothing in this Agreement 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.
11.2 The Company will not be liable to the Customer whether in contract, tort, breach of statutory duty or otherwise, arising under or in connection with these terms and conditions for:
a) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b) any special, indirect or consequential loss or damage.
c) damage caused to the Products by electrical faults, adverse weather or other forces of nature, accidents, improper assembly or dis-assembly or any abuse misuse or neglect by the Customer.
11.3 The Customer shall be responsible for the safe operation and use of the Products and the Company will not be liable to the Customer in any way for losses resulting from the Customer’s use of the Products or any other acts outside of the Company’s control.
12. THIRD PARTIES
12.1 The Company shall not be liable for any loss or damage whether direct or indirect arising from third party products or service providers.
13. COMPLAINTS
13.1 The Company is committed to providing a quality service and product to the Customer. However, if the Customer is dissatisfied, any complaints should be raised in writing within 28 days of receiving any products purchased.
14. DATA PROTECTION
14.1 The Company respects your privacy and is committed to protecting your personal data and keeping it safe. It is our aim to be clear about how we collect, process and look after your personal data. We only collect the information that we need or that you agree we can collect, and will never sell your data or share it with a third party without your express authorisation, or if it is required by law.
15. THIRD PARTY RIGHTS
15.1 A person who is not a party to this agreement will not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
16. GOVERNING LAW
16.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Northern Ireland.
17 . JURISDICTION
17.1 Each party irrevocably agrees that the courts of Northern Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions.
