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This is a contract between Trade Exchange
UK LTD trading as The Real Wood Company herein known as the Company
and the Customer.
1. All terms of the contract between the Customer
and The Company are contained in this document. No representation
or warranty is made or given by the Company save as appears herein.
No variation of or addition to the work specified in the schedule
shall have affect unless agreed in writing under the signature of
a duly authorised officer of the Company.
The Company has been engaged by the Customer to supply only the
goods as set out in Schedule 1 of this contract.
2. The Customer
shall grant the Company's employee access to the premises at reasonable
times for the purpose of taking measurements and of carrying out
the work specified if necessary.
3. All materials
set out in schedule1 hereto shall be paid for as set out in OUR
ORDER FORM hereto. The net Balance referred to in the said schedule
shall be paid upon the Company certifying that the said work is
complete and shall be, by way of a cheque, money order, payable
to the Company and crossed 'A/C Payee only'. The Customer
shall not be entitled to withhold payment on account of any alleged
defect. The Company agrees to investigate any alleged defect after
the Payment in full of Net Balance but not otherwise. Where payment
is being made by means of a loan from a building society or other
source, the Customer is responsible for ensuring that the amount
outstanding is available at the time of completion of the contracted
period as necessary. The Company will be entitled to charge interest
at the current commercial rate on any amount outstanding beyond
the due date.
4. All work that
immediately surrounds any unit to be agreed on survey. The Company
reserves the right to proceed with this work according to their
own methods unless otherwise stipulated on survey where applicable.
5. Without prejudice
to the generality of paragraph 1 hereof no guarantee or warranty
is given that the installation will reduce, eliminate or be free
of condensation.
6. The Company
is not responsible for any delay in installation caused by accidents,
fire, strikes, lockouts, shortage of materials or other causes beyond
the Company's control.
The Company shall only give indicative
delivery dates and makes every effort to supply goods in a timely
manor however, the Company cannot be held responsible for any cost
incurred buy the client due to delivery made later than the indicative
date,unless otherwise expressly communicated in writing.
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7. Any claim
by the Customer for compensation for damages by the Company (whether
under this paragraph or otherwise) must be made in writing to reach
the Company within seven days of such damage occurring in default
of which the Company will accept no liability therefore.
8. The Company
reserves the right to cancel any order at any time by refunding
all monies paid.
9. The Customer
cannot cancel this contract unless given in writing within 7 days
of signing of THE ORDER. All materials purchased specifically as
well as all works carried out to date will be
payable by the Customer. Any deposits paid will be not be refunded,
unless it is deemed by the company that the Company has not incurred
any loss. All other circumstances will cause the Contract to be
enforced and become payable forthwith.
10. GUARANTEE
All work shall be guaranteed by the Company for 5 years, however,
the Company shall not be held liable for any defects caused by third
parties. The Customer's Statutory
11. In furtherance
of the Companys policy of continued improvement, we reserve
the right to carry out all installations in a manner which we consider
to be the most suitable having regard to the constructional details
and topographical situation if necessary under the terms of this
contract.
12. It is the
Customer's responsibility to obtain any local authority approvals
or permission to build, which may be required. The company cannot
be held liable for any permission to build not being granted nor
does the rejection of permissions give the Customer grounds to cancel
this contract.
If the customer
refuses delivery of the goods due to any reasons including any issues
due to planning restrictions then the Company shall be entitled
to charge a storge fee of 1% per week of the value of the building.
After 8 weeks the Company shall be entitled to sell the Goods without
limitation from the Customer.
The Company shall
refund to the Customer any proceeds from such after deduction of
a 30% commission.
13. Property
in the goods only passes when the Company has received full payment.
14. The Real
wood company accepts no liability or cost incurred for any tradespeople
prebooked ahead of the arrival of our product by our clients.
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