Terms and Conditions for the Supply of Products
This document sets out the terms and conditions on which we supply products and services to you. You should read them carefully before engaging us to provide you with products and services as they set out the extent of our obligations and your rights in the event that you are not happy with our performance. If you have any questions on any of these terms, please contact us.
1.1 In this document, certain words and phrases are intended to have a particular meaning. These words and phrases are shown by having capitalised first letters. Set out below are the specific meanings assigned to these words and phrases:
“Contract” means the contract between You and Us for the supply of Products and Services, formed in accordance with clause 2;
“Conditions” means these terms and conditions, as amended from time to time;
“Order” means Your order for Products and/or Services.
“Products” means Our products, materials and/or equipment to be supplied by Us pursuant to Your Order, or provided by Us in the course of providing any Services;
“Quotation” means Our Written quotation detailing the extent of the Services that We will supply, and any accompanying Products, and the price for such Services and Products;
“Services” means any services supplied by Us to You;
“We/Us/Our” means as ‘Master Finish by (APS) Limited, a company registered in England and Wales (company registration number 08965315) with its registered office at Unit 19 Europa Court, Dee View Boulevard, Chester, CH1 4NP.Our VAT number is 185736567;
“Writing/Written” means any communication made in writing, including fax or email; and
“You/Your” means you, the reader and the individual making the Order.
1.2 Words importing the singular will include the plural and vice versa; words importing the masculine will include the feminine and neuter and vice versa; words importing persons will include bodies corporate, unincorporated associations and partnerships; and the word ‘including’ will be deemed to be followed by the words ‘without limitation’.
- THE CONTRACT
2.1 You can submit Orders for Products to Us via Our website or by contacting Us. You can also contact Us to make an Order for Services.
2.2 The Order is Your offer to purchase the Products and/or Services from Us on these Conditions, which We may accept or reject.
2.3 In the case of Orders for Services, We will provide a Quotation to You which will set out Our understanding of the extent of the Services that You have Ordered, together with the likely costs of, and length of time to complete, the Services. If We need more information in order to give a more accurate price, We will contact You. You must give Us complete and accurate information regarding the Services requested.
2.4 Any Quotation is subject to these Conditions and is valid only for a period of 30 days. It is Your responsibility to check that Our understanding of the Services required is accurate. Additional services, or extensions to the Services, beyond that set out in the Quotation, will be charged extra.
2.5 If You accept the Quotation, please contact Us. Your acceptance of the Quotation will be deemed to be an Order to buy the Services, and any accompanying Products, subject to these Conditions.
2.6 We will confirm with You in Writing if Your Order is accepted. The Contract is formed only upon the sending of this acknowledgement, and We are not bound to supply any Product or Service before this acknowledgement is sent.
2.7 If We are unable to accept Your Order (for example because a chosen Product is not in stock), We will contact You to discuss Your options.
2.8 The Written acknowledgement will set out the detail of the Products and/or Services that You have ordered. It is Your responsibility to check this acknowledgement is accurate and correct. This includes ensuring that any measurements for made-to-measure Products and Services are accurate. If there are any errors in this acknowledgement, please inform Us immediately.
2.9 The Contract will consist of these Conditions, the Order and Quotation (if applicable), and Our Written acknowledgement (if applicable). These Conditions apply to the Contract to the exclusion of any other terms that You may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.10 If You have made an Order for Products and/or Services, and want to change the extent of the Services or the quantity of Products ordered, please contact Us and We will let You know if such change is possible and how much it will cost and how long it will take. If Your requested change is not possible, or if it is too expensive, or would take too long, to complete, You may end the whole Contract or re-confirm the original Order.
2.11 Sometimes, it may be necessary for Us to alter the Contract in order to reflect changes in relevant laws and regulatory requirements. If this is the case, We will notify You of the change and the effect on You (if any) but will not require Your consent to make the change. Other than as set out in this clause 2.11, no variation of the Contract will be valid or binding unless it is made in Writing and signed by Us.
- SUPPLY OF PRODUCTS
This clause applies to purchases of Products only.
3.1 Delivery will be carried out by Our chosen courier as soon as possible, and in any event within 30 days of the Written acknowledgement issued pursuant to clause 2.6.
3.2 If there is a problem with Your Order that may lead to it being delivered later than 30 days from the Written acknowledgement, We will contact You to discuss Your preferred next steps.
3.3 It is Your responsibility to ensure that You are available to accept delivery of the Products when it is attempted.
3.4 If You are not available to accept delivery, Our couriers may leave the package in a safe place, leave the package with a neighbour, or return the package to the depot to attempt delivery at a later date.
3.5 If the Products are left in a location that is reasonably safe, or if the Products are left with a neighbour, and provided that We have notified You of where Your package has been left, We have fulfilled Our obligation to deliver the Products to You and are not responsible for any loss or damage to the Products that may occur after delivery.
3.6 If We attempt again to deliver the Products and You are again not available, We will contact You to discuss the next steps.
3.7 If, having made reasonable efforts to deliver the Products to You, We are unable to do so, We may end this Contract and refund You the Price, less a reasonable amount on account of the multiple failed deliveries and additional storage costs.
3.8 We are not responsible for any delays to delivery that are due to events outside of Our reasonable control, provided that We let You know of the delay as soon as possible and take steps to minimise the effect of the delay.
3.9 We are only responsible for late delivery if We unreasonably refuse to deliver the Products or if You have made clear to Us that delivery within 30 days was essential.
3.10 You are responsible for any damage to the Products from the moment they are delivered to You, but You will only legally own the Products if,
at the time they are delivered, You have paid for them in full.
- SUPPLY OF SERVICES
This clause applies to the supply of Services only, and includes the supply of Products in the course of carrying out those Services (if applicable).
4.1 We will begin the Services on the date agreed with You. We will use all reasonable endeavours to complete the Services as quickly as possible. We will try to meet any dates given to You for the completion of the Services, but any such dates will be estimates only.
4.2 We will supply the Services to You in accordance with the Order in all material respects.
4.3 In respect of Products that are provided over the course of the Services:
(a) such items will be selected and installed by Us based on Our assessment of the requirements of the Order;
(b) We warrant that such Products will be of satisfactory quality and fit for the specific purpose for which they are installed/used;
(c) You may request that We use specific items of Your choosing in place of Our recommended Products, but We will use such items only at Our discretion; and
(d) If We agree to use Your selection of items in place of Our recommended Products, We make no warranty or representation as to the quality or fitness for purpose of such items, and clause 4.3(b) will not apply to such items.
4.4 In order to provide the Services, We may require certain information from You and access to Your property. It is Your responsibility to ensure that We receive complete and accurate information and have adequate access to the property in order to provide the Services.
4.5 If We attend Your property, but are unable to perform or complete the Services, or require additional Products, due to Your failure to provide complete and accurate information or adequate access to Your property, We will not refund any payments already made, nor be responsible to You for any wasted costs of Yours (e.g. compensation for loss of earnings). Re-visits can be arranged, but may be charged in addition. Continued failure to provide accurate information, or get adequate access to the property, may lead Us to end this Contract.
4.6 Responsibility for damage to, and legal ownership of, any Products provided in the course of the Services passes on completion of the Services.
4.7 We take the health and safety of Our people seriously, and all Our employees and agents undergo regular health and safety training – if, in
the opinion of Our employee or agent who is providing the Service, there are unacceptable health and safety risks that affect the performance of the Services, that employee or agent may refuse to carry out the Services until those risks have been corrected. In such circumstances, You will not be refunded any advance payments made and any re-visit to Your property may be charged in addition. If You fail to correct any such health and safety risk within a reasonable time, We may end this Contract
- YOUR OBLIGATIONS
5.1 In addition to Your other obligations set out elsewhere in these Conditions, You will:
(a) co-operate with Us in all matters relating to the provision of the Products and/or Services;
(b) provide Us and Our employees or agents with access to Your property as reasonably required by Us to provide the Services;
(c) provide Us with such information and materials that We may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
(d) obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start; and
(e) comply with any additional obligations as may be set out in the Order or otherwise notified to You in Writing.
5.2 We are not responsible for any delay or extra cost suffered in the completion of the Services that is directly due to Your failure to comply with Your obligations.
- QUALITY OF PRODUCTS AND SERVICES
6.1 While We take care to ensure that Our website is accurate, please note that:
(a) images of Products on Our website are for illustrative purposes only and may not accurately reflect the actual colour of the Products;
(b) packaging may vary from that shown on Our website (if any);
(c) prices on the website may not be correct; and
(d) indications of stock levels may not be accurate.
The Written acknowledgement issued pursuant to clause 2.6 will confirm the availability of any Products ordered and the price payable for them.
6.2 We are under a legal duty to supply Products, and perform Services, that conform with the law and the terms of this Contract. This means that We promise that:
(a) all Services will be provided using reasonable care and skill; and
(b) all Products provided, including those provided in connection with the performance of the Services, will be of satisfactory quality and fit for the purpose for which they are made and used. If We have given any description of the Products, the Products will also be as described.
In the case of Products:
6.3 If any of the Products do not comply with the promise made in clause 6.2(b), You can:
(a) reject them for a full refund (including the cost of delivery) if the defect is found within the first 30 days;
(b) request a repair or replacement and, if that is not possible, get a refund if the defect is found within the first six months; or
(c) get a partial refund if the Products do not last a reasonable length of time (typically up to around six years).
Please note that Products are not defective if they are damaged due to fair wear and tear, negligence, misuse or failure to maintain as recommended by Us.
In the case of Services:
6.4 If the completed Services do not comply with the promise made in clause 6.2(a), You may request a repeat performance of the Service at Our cost in order to put right any defective work or, if it is not possible to correct the defect, get a full or partial refund.
For both Products and Services:
6.5 If You feel that We have provided defective Products and/or Services and wish to exercise any of Your rights as set out above, please contact Us.
6.6 It may be necessary for You to return faulty Products to Us or allow for Us to inspect defective Products and/or Services – We will discuss this with You when You contact Us.
6.7 If We do agree that a refund is due to You under either of clauses 6.3 or 6.4, such refund will include delivery costs and will be processed as quickly as reasonably possible via the same payment method that You used to pay in the first place.
- PRICES AND PAYMENT
7.1 The price will be set out in the Written acknowledgement. While the Order may state a price for Products and/or Services ordered, it is only confirmed in the Written acknowledgement.
7.2 If We have made an error in respect of the price, You will be notified of the correct price before Services are provided and will have the option to cancel the Contract.
7.3 Unless otherwise agreed in Writing, the Price includes delivery and packaging costs, as well as VAT and any other applicable taxes and charges.
7.4 We accept payment via credit/debit card and PayPal. When You must pay depends on whether You are purchasing Products or Services, as follows:
(a) for Products, the Price is payable before We dispatch them to You;
(b) for Services, You must make an advance payment of 10% of the Price before We will start carrying out the Services, with the remaining balance invoiced and payable just before completion of the Services.
7.5 If We do deliver Products to You, or carry out the Services without first receiving payment, We are not waiving Our right to such payment and the full price of the Products and/or Services remains payable in full.
7.6 If You are late in paying any amount due to Us, We may charge interest on the outstanding sum at the rate of 2% above the Bank of England base rate for each day that such amount is overdue.
7.7 If You think that an invoice is incorrect or inaccurate, please contact Us without delay so that We can investigate it and (if necessary) cancel and re-issue the invoice.
8.1 We may suspend the delivery of Products, or the completion of the Services, if:
(a) We need to deal with technical problems or legislative or regulatory updates;
(b) You have not paid Us for an amount owed (whether under this Contract or another agreement with Us) despite Us reminding You to do so; or
(c) We reasonably consider that there is a health and safety risk that affects Our ability to deliver Products to You or perform Services for You.
8.2 Where possible, We will contact You in advance to notify You of a suspension and to discuss next steps. If a suspension lasts for longer than one month, You or We may end this Contract. We will refund any advance payments made only if the suspension was due to the circumstances set out in clause 8.1(a).
- ENDING THE CONTRACT
9.1 You have a right to change Your mind and cancel this Contract for a refund of any payments made on the following conditions:
(a) You notify Us in Writing of Your wish to cancel this Contract (there is a form at the end of these Conditions that You may use, but You do not have to);
(b) You exercise this right within the first 14 days following:
(i) in the case of Products, delivery of the Products; or
(ii) in the case of Services, the date that the Written acknowledgement is issued in accordance with clause 2.6;
(c) in the case of Products, the Products are returned to Us, together with the receipt, at Your cost, unused, unopened and in their original packaging;
(d) in the case of Services, where You have requested that We begin the Services before the expiry of the initial 14-day period, Our reasonable costs in carrying out such work will be deducted from the refund due to You;
(e) the maximum refund for delivery costs will be the costs of the least expensive delivery method We offer; and
(f) refunds will be made as follows:
(i) in the case of Products, within 14 days of the day on which We receive the Products back from You in the condition required by clause 9.1(c); or
(ii) in the case of Services, within 14 days of receipt of You notifying Us that You want to cancel the Contract.
9.2 In addition to Your right set out in clause 9.1, You may end this Contract if:
(a) We cannot change the Services for You as You have requested (see clause 2.10);
(b) We are significantly delayed from performing the Services due to an event outside of Our control;
(c) We have suspended the supply of Products and/or Services for longer than one month (see clause 8.2);
(d) We have done something wrong; or
(e) You have changed Your mind and the Products have not yet been delivered, or the Services not yet completed, and the 14-day period set out in clause 9.1 has expired.
9.3 To end this Contract You should contact Us to discuss the next steps.
9.4 We may end this Contract if:
(a) You do not pay Us when such payment is due and still do not pay Us after We have reminded You that payment is due;
(b) We have been unable to deliver the Products despite Our reasonable efforts (see clause 3.7);
(c) You do not provide Us with adequate access to Your property in order to provide the Services (see clause 4.5);
(d) You do not give Us accurate information as We may require in order to provide the Services (see clause 4.5); or
(e) We have suspended the supply of Products and/or Services for longer than one month (see clause 8.2).
9.5 Unless ended in the circumstances set out in clause 9.1, if this Contract ends for any reason that is not due to Our breach of the Contract before the Products have been delivered, or the Services completed, We may seek to recover Our reasonable costs incurred in good faith performance of this Contract up to the date the Contract ends.
10.1 We will not be liable for any loss or damage of Yours that:
(a) is not a reasonably foreseeable direct consequence of Our breach, action or omission. Loss or damage is reasonably foreseeable if either it is obvious that it would happen or if, at the time the Contract was formed, both You and We knew that it might happen;
(b) are suffered or incurred by a business of Yours;
(c) arise as a result of Your breach of this Contract; or
(d) arise as a result of Your failure to comply with Our instructions and/or recommendations as to the use, maintenance and repair of the Products.
10.2 If We cause any damage to Your property in carrying out the Services, We will make good any such damage but are not responsible for the cost of repairing any pre-existing faults or damage to Your property that We may discover while providing the Services.
10.3 Nothing in this clause 10 will exclude or limit Our liability for:
(a) death or personal injury caused by Our negligence;
(b) fraudulent misrepresentation; or
(c) any other loss that cannot by law be excluded or limited.
- FORCE MAJEURE
11.1 Neither party will be liable for any cost or loss due to the delay in, or failure of, performance of an obligation in the Contract where that delay or failure is due to an unforeseen event outside the reasonable control of the party affected.
11.2 Where a party is affected by such an event, it must inform the other party in Writing as soon as reasonably practicable and, where possible, provide an estimate for the duration of the disruption. The affected party must takes steps to lessen the severity or duration of the event.
- DATA PROTECTION
13.1 If You want to complain about any aspect of Our performance of this Contract, please contact Us in the first instance to discuss Your concerns.
13.2 If You are not happy with how We have handled any complaint, You may seek to submit Your complaint for online dispute resolution via the Online Dispute Resolution platform of the European Commission (available at this website: https://ec.europa.eu/consumers/odr/main/?event=main.home.show).
14.1 If You need to notify Us about something under this Contract, such notice should be in Writing and sent to Our registered office. If We need to contact You about something, We will write to You at the address that You gave Us.
14.2 We may transfer this Contract to another person. We will tell You if We are going to do this and will ensure that Your rights under this Contract are not affected by such transfer.
14.3 You may not transfer Your this Contract to another person unless We agree to such transfer in Writing beforehand.
14.4 This contract is between You and Us only and no third party may enforce any of its terms (apart from if You transfer the guarantee as permitted).
14.5 If a court finds any part of this Contract illegal, that part will be deemed separated from the Contract, with the remainder of the Contract continuing in full force and effect.
14.6 A delay by Us in enforcing any of Our rights in this Contract does not mean that You should not perform Your obligations fully and does not prevent Us from enforcing Our rights at a later date.
14.7 The Contract and any dispute or claim arising out of or in connection with it or its subject matter will be governed by, and construed in accordance with, the laws of England. You can bring legal proceedings in any court in England and Wales. If You are resident in Scotland, You can alternatively bring legal proceedings in a Scottish court. If You are resident in Northern Ireland, You can alternatively bring legal proceedings in a Northern Irish court.