1.1 In these conditions: ’Condition’ means the standard terms and conditions of sale set out below, including any special terms and conditions agreed by us in writing.
‘Contract’ means any contract for goods and services made between you and the company; ‘Goods’ means the packaged products or services we shall supply in accordance with these ‘conditons’;
‘We’ means Tilbrook Interiors which is Scott Bower trading as sole trader for Tilbrook Interiors and Scottubs and pools UK. Vat Number. 996374751
‘You’ means the customer seeking to purchase the goods and services from us and ‘your ‘ shall be construed accordingly.
The price of goods and services shall be the price given on the date you place your order and will be confirmed on your invoice. The price of goods will include VAT at the prevailing rate. Delivery charges may be applicable to your order and these will be conveyed to you in accordance with the manufacturers own terms and conditions.
- Deposit Orders
We guarantee to hold the price of goods as appears on your invoice for a period of 90 days from the date of your order, if the order has not been paid in full by this time Tilbrook Interiors reserve the right to update your order with any price changes that have come onto effect since the order was placed. This may result in the cost of your order increasing.
- Date for Payment
You shall pay for goods in full at the time of order or if a deposit has been paid, at least 7 days prior to delivery being made, with cleared funds, otherwise the delivery date may be cancelled and re-scheduled.
- Order Changes
Should you wish to change the order, delivery date or delivery address, you should contact Tilbrook Interiors no later than 7 days prior to your original agreed delivery date and enable us to perform the contract.
- Collection and Delivery
6.1 Our delivery service and options will be explained at the point of order.
6.2 Home deliveries are generally made between 7.30am and 8pm. Convenient times for delivery will be agreed with you at point of order.
6.3 You shall be responsible for making all necessary arrangements to take collection of the goods.
6.4 Any specific, or exceptional, delivery requirements should be agreed with Tilbrook Interiors at the point of purchase.
6.5 If you fail to take delivery of goods or fail to give us adequate delivery instructions on the date agreed for delivery, then we reserve the right to charge you subsequent delivery charges.
6.6 You agree to accept delivery within 30 days of the date you make payment in full for your order unless otherwise agreed. We reserve the right to charge storage charges at a rate of 2% of the total order per month if orders are delivered outside 30 days.
6.7 Risk of damage to, or loss of the goods shall pass to you at the time we deliver to your agreed delivery address.
6.8 Delivery charges for supply only goods are subject to the individual manufacturers own terms and conditions.
- Reservation of Stock
We will reserve your stock at the point of full order payment for complete peace of mind.
- Check your Delivery
At the point of delivery please check each item fully that it is as ordered and appears in good condition. Please notify Tilbrook Interiors as soon as possible to report any anomalies.
- Cancellation Rights
9.1 You will be entitled to cancel the contract with us in the following circumstances:
9.1 1A Internet and telephone orders where goods have not been installed and you are unhappy with the goods, for whatever reason, and notify us before the expiry of 14 days from the day after the day on which the goods were received; or
9.1 1B In office orders where goods have not been installed and you are unhappy with the goods, for whatever reason, and notify us before the expiry of 7 days from the day after the day on which the goods were received; or
9.1 2 Where goods supplied are faulty or not in accordance with the specifications of your order.
9.2 A refund will be reimbursed to you within 28 days from the day after the day on which the cancellation was made. This is subject to us being given reasonable opportunity to collect the goods. Where the goods were correctly supplied and returned to us, Tilbrook Interiors will retain up to 25% of the purchase price to cover collection and transport costs.
9.3 This right of cancellation does not apply to orders of goods made to your specification or personalised at your request.
9.4 You are required to take care of any products that you intend to return to us. We ask you to ensure that returned items are complete, unused and, wherever possible, in the original packaging. Please ensure that they are packed appropriately for courier collection.
9.5 We cannot refund goods that have been damaged while in your possession.
- Warranty and Guarantee
10.1 All goods come with a guarantee included at no extra cost. The length depends on the product. Please see below for more details.
10.2 We shall have no liability whatsoever for any failure to perform, or for a delay in the performance of any of our obligations under the contract arising wholly or in part by reason for any factor beyond our direct control.
10.3 In placing an order with us, you warrant that you are a resident of the United Kingdom and that you have the necessary permission and authority to enter into this contract.
10.4 Where any competent authority deems any condition to be invalid or unenforceable in whole or in part, then the offending part shall be removed and the validity of the remainder of the condition shall not be affected.
10.5 These conditions do not purport to confer a benefit on any third party by virtue of the contracts (Rights of third parties) Act 1999 by any person that is not party to it.
10.6 The contract and these conditions shall be governed by the laws of England, and you agree to submit to the non-exclusive jurisdiction of the English courts.
10.7 Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to the other party and delivered to the address provided which one party may notify to the other from time to time.
10.8 These terms and conditions do not affect your statutory rights.
- Price Guarantee
At Tilbrook Interiors we are confident that our prices for goods and services are competitive. If you find any equivalent product cheaper at another store, we will match the price.
All that we ask is that you apply before you purchase or within 14 day of purchase from us. Where applicable a Tilbrook Interiors proof of purchase (receipt) is required.
Your claim must be supported by a written quotation for the relevant product from the competing retailer.
Tilbrook Interiors will only match quotes from competing high street retailers. All quotes from online retailers are excluded.
Price quotes will only be matched for each eligible item purchased from us.
The product must be equivalent in all material aspects including style, quality, materials and structure. We reserve the right to refuse to match the price of items not deemed to be equivalent at our sole discretion.
The comparison will be made against Tilbrook Interiors prices including any discounts or offers applicable at the time the application is made.
The price guarantee excludes installation and delivery charges.
Tilbrook Interiors reserve the right to withdraw or amend the Tilbrook Interiors price guarantee at any time without notice.
- Product Guarantee
The individual manufacturer’s warrantees cover materials and Tilbrook Interiors fit all materials to the manufacturer’s recommendations. Please see individual manufacturers own terms and conditions for details.
- Our Guarantee
We will replace at our discretion, in part or whole a product which is defective in operation, materials or workmanship. If the exact model is no longer available, we will endeavour to provide the nearest equivalent from our then current range. To be covered by a guarantee all products should be installed with the instructions provided and be for domestic use only. Products must be purchased and installed in the UK and Ireland only. This product guarantee applies to the original purchaser or end user and the original installation address only, is non-transferrable and takes effect from the date of purchase. The 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 & shower hoses are items that do need to be replaced periodically), damage due to poor installation or servicing or consequential loss.
13.1 Tilbrook Interiors will guarantee their work for a period of 12 months from the date of the final payment.
13.2 Tilbrook Interiors reserve the right to alter the details wholly or withdraw elements of these guarantees entirely at their discretion. Existing commitments will be honoured up to the date the change is made and in accordance with the terms of this document.
Our guarantee is in addition to your statutory rights and does not affect your statutory rights.
EX DISPLAY PRODUCTS
Products sold as ex display may well 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 guarantee and are non returnable. It is your responsibility to examine the product prior to purchase to ensure you are entirely happy with the product.
- Boilers/Gas Appliances and Pressurised Cylinders
- Our Agreement
These conditions apply to the contract between you and us. Please read them carefully before signing the quotation.
Significant words throughout these conditions have the following meaning.
1.1 ‘Order’ means the contract between you and us for the installation.
1.2 ‘Installation’ means the supply of the equipment and work required to install the equipment into the property to be carried out by an appropriate sub contractor as discussed at point of order.
1.3 ‘Property’ means the domestic residential property specified in the order.
1.4 ‘Price’ means the price for installation as set out in the order.
1.5 We/Us/Our means Tilbrook Interiors of Main Street, Sutton on Trent, Notts. NG23 6PF
- Quotations and Contract
2.1 A quotation for the price of the installation shall be provided following a survey of the property.
2.2 The quotation provides a reasonable estimate of the price but may not be the final price for the installation. Please see conditions 2.4 and 2.5
2.3 The quotation shall be valid for a period of 30 days from the date of quotation.
2.4 The quotation assumes that the property is suitable for the installation requested and that all necessary facilities, services and supplies (including the property’s earthling and the sully of gas, water and electricity) are already supplied or installed at the property and are in good working order and that your existing heating system (where applicable) is suitable for the installation. If we later discover otherwise we will tell you.
2.4.1 What changes or improvements need to be made before we can perform the installation (or complete it if it has already commenced) or to ensure proper functionality and/or performance of the installation and what additional equipment and/or work may be required; and
2.4.2 Of any increase to the Price.
2.5 If you wish to vary the contract please contact us immediately. It may not be possible to accept all variations if we have already incurred costs in relation to the contract. We shall notify you of any change in the Price as a result of the variation.
2.6 We will only carry out Installations in domestic homes and not properties used for commercial purposes.
2.7 We will only accept a quotation/contract if signed by you in our presence at your home. No one else may sign for you.
- Our Responsibility
3.1 We shall carry out the Installation in accordance with the contract and any specifications which have been agreed in writing between you and us and shall exercise reasonable care and skill in carrying out the Installation and make every effort to ensure Installation and the equipment used in the Installation will be of satisfactory quality.
3.2 We will:-
3.2.1 Leave any plasterwork and /or brickwork disturbed during the course of the Installation in a safe weather tight and secure condition. We will only temporarily weather seal flat roofs (see condition 7.3)
3.2.2 Take reasonable care to avoid dirtying or causing unnecessary disturbance to the property and shall leave the area in which the engineer has been working in a clean, tidy and safe condition; and
3.2.3 Remove and dispose of any equipment or materials belonging to you which are to be replaced by equipment supplied in connection with the Installation (except any equipment or material containing asbestos) If Tilbrook Interiors dispose of any of your equipment or materials we will not be liable to pay you for them.
3.3 When the Installation has been completed we shall:-
3.3.1 Check to ensure that it is operating correctly and set any relevant controls to their optimum settings;
3.3.2 Provide you with the manufacturer’s instructions for the equipment and instructions on how to operate controls;
3.3.3 Complete the Benchmark certificate and log book confirming that Installation has been carried out in accordance with all the relevant laws and regulations. It is your responsibility (in addition to those in condition 7) to keep the Benchmark certificate and your log book in a safe place as it may be requested for inspection by the manufacturer in the event that the warranty referred to in condition 6 is relied upon; and
3.3.4 Provide any certificates relating to the Installation including electrical certificates, which must be provided to you by law.
- Engineers and Subcontractors
4.1 Tilbrook Interiors shall only use engineers to carry out the Installation on our behalf who have been approved by us and who are suitably and properly qualified to carry out the Installation.
5.1 We shall contact you to agree a date to carry out the Installation. If we are unable to carry out the Installation on this date we will contact you to agree an alternative date. We will not be liable for any cost or loss of income that you may incur as a result of any changes of the date.
5.2 Tilbrook Interiors engineers will require access to the Property to carry out the Installation. If we cannot gain access your property on the agreed date, an additional charge may be levied, and we will contact you to arrange another appointment. In the event of continued failed attempts to gain access to your property, we may cancel your order.
6.1 The Installation is subject to the individual manufacturer’s terms and conditions.
6.2 Should a fault occur that is covered by the warranty then you should contact the manufacturer directly.
6.3 Should you require an engineer’s visit as part of any workmanship warranty claim you may be required to pay a £100 call out deposit. This will need to be paid prior to the engineers visit.
The call out deposit will be returned if the fault is related to our Installation, however in the event that the fault was part of any work undertaken by others on our Installation, or found to be on your existing system, then the call out deposit will be retained and we are not obliged to fix or repair under these circumstances. We also reserve the right to retain the call out deposit if you fail to keep your appointment.
- Your Responsibility
7.1 It is your responsibility unless otherwise agreed in writing to:-
7.1.1 Obtain all permissions and consents (for example planning permission, Building Consent, consent from landlords, local authorities, neighbours, mortgagees access, parking access/permits) which are required before we can carry out the Installation;
7.1.2 ensure that all necessary facilities, services and supplies to enable the proper functionality and performance of the Installation (including the property’s earthing and supply of gas, water and electricity) are supplied or installed at the Property and are in good working order and that your existing heating system (where applicable) is suitable for the Installation (including all costs associated thereto);
7.1.3 clear all furniture and fittings from any rooms or roof space which we will need to use to carry out the Installation and lift any flooring other than normal softwood floorboards (for example tongue and groove, parquet, chipboard, hardwood, rubber or tiles) prior to commencement of the Installation and replace such flooring following Installation;
7.1.4 paint the radiators or pipe work and/or box in any pipe work or chase pipe work into the solid floors or walls and replace any flooring following completion of the Installation; and
7.1.5 Remove any dangerous materials from the property such as asbestos; if any asbestos is removed from the property you shall produce a clearance certificate to our engineer. Our engineer will not be able to carry out further works until the certificate is produced and failure to provide this certificate may cause delays and prevent our engineer from completing the Installation.
7.2 You acknowledge that it may be necessary to disturb, alter or cause damage to the property and/or its fixtures and fittings when carrying out the installation and that here may be a degree of redecoration required following completion of the Installation and that you will be responsible for (including the cost of) and redecoration including replacing or repairing damage caused to fixtures, fittings, carpets, decorations in the property (other than damage caused by negligence).
7.3 You acknowledge that we will temporarily weather seal flat roofs and it is your responsibility to permanently ensure that the sealing is sound, unless we have expressly priced as part of your quote for a roofing company to carry out works on your behalf.
8.1 The price of the Installation includes:-
8.1.1 the cost of equipment, parts, labour, delivery and any other additional costs specified on the quotation included value added tax at the current rate at the date of the Installation; and
8.1.2 The cost of removing and disposing of any redundant equipment removed from the property during the Installation.
8.2 The price does not include the cost of making good any disturbances, alterations (except as stated at condition 3.2.1 above.)
8.3 If additional work is necessary during the Installation which could not have been reasonably identified at the time the survey was carried out we will provide you with a quotation for this additional work. If you request us to proceed with the additional quotation, we will use reasonable endeavours to conclude the original quotation but we will not be liable for any diminished performance or functionality of the Installation.
8.4 Any equipment installed or to be installed in the Installation will remain our property until we have received the Price.
9.1 The balance of the Price (Where applicable) shall be paid prior to the Installation of the gas appliance (not including any subsequent electrical works which will follow)
9.2 We will reserve the right to request payment of the Price in full at any time prior to completion of the Installation.
10.1 You may cancel your contract (unless the Installation has already commenced) within 14 days from commencement of the Order by writing to us
10.2 If you cancel the Contract once the date of the Installation has been agreed (except where we are in serious breach of our obligations) we will be entitled to retain a fair and reasonable proportion of the monies already paid by you as a contribution towards any losses or costs that we suffer as a result of your cancellation.
10.3 In addition to the right at condition 5.2 we may cancel your Contract if we are unable to carry out or are prevented from carrying out the Installation (or a substantial part of it) due to something which could not have been reasonably identified at the time the survey was carried out or which is beyond our reasonable control (including any health and safety issues).
- Exclusions and Liability
11.1 We shall not be liable for any:-
11.1.1 Failure of or to the Installation (or any part of it) which is caused by a factor beyond out reasonable control including (without limitation0 any variation to your gas or electricity supply or inadequate water supply; or
11.1.2 Failure developing to or from your existing heating system following the Installation (which has not been caused by our negligence); or
11.1.3 Warrantees or negligent or innocent misrepresentations made by our agents or sub contractors.
11.2 We will not accept liability for any losses you incur that:
(i) were not reasonably foreseeable to you and us when the Contract was formed;
(ii) Were not caused by any default, negligence, act or omission on our part or that of our subcontractors or by circumstances beyond our reasonable control; or
(iv) Indirect, consequential or business losses.
11.3 Nothing in the conditions affects any statutory rights that you may have or excludes or limits any liability for death or personal injury resulting from our negligence or for fraud or any other liability which cannot be excluded or limited by law.
11.4 If, notwithstanding the provisions of conditions 11.1 and 11.2, we are found liable to pay you compensation or damages due to our breach of contract and or negligence or other tort then you agree that our liability to you will not exceed the Price paid under this Contract.
If you need to give us written notice in accordance with the conditions you should send this notice to. Tilbrook Interiors, Tilbrook House, Main Street, Sutton on Trent, Notts. NG23 6PF
- Our Rights to Assign and Subcontract
We reserve the right to assign or sub contract any of our obligations contained in the Contract, including carrying out of the Installation to another provider of similar services provided that we shall not assign our obligations under this Contract if this would prejudice your rights under it.
If you are a landlord of a property, you must present at the property on the agreed appointment and Installation dates and sign the completion certificate there as soon as the Installation is completed. No one else may sign for you. We cannot undertake any part of the Installation under the instruction of your tenant or accept any authorisation or approval (whether by signature or verbally) from your tenant on your behalf, unless we have otherwise agreed in writing.
- Data Protection
15.1 We will process your information to enable us to carry out your order and for administration of the Contract (including debt collection ), risk assessment, marketing and the offering of any of our group company’s products or services (unless you have opted out), market research, after sales service, system testing, analysing you account history and to detect and prevent fraud. Our information may be disclosed to our employees, agents, service providers, group companies and assignees for these purposes.
15.2 We may share your information with the persons’ mentioned in condition 15.1 and relevant trade bodies (including Gas Safe Register) and all other associated bodies who may need to pass this information on to the relevant bodied to comply with building regulations or other regulatory requirements and /or in order to carry out the Installation and any after sales service.
15.3 We may search the files of credit reference agencies to carry out credit checks on you and the agencies may record a copy of the search and may share it with other organisations to assist with credit related decision making and to prevent fraudulent activity.
- Miscellaneous Provisions
16.1 If on any occasion either you or us agree to take no action against the other even after the other has failed to comply with these Conditions, that party should not assume that the other will do the same on another occasion.
16.2 We may vary these conditions at any time and shall notify you of such change as soon as is reasonably possible. Where the variation is of significant disadvantage to you, you may cancel the Order by notifying us in writing within 14 working days after we have sent you the notification of the variation. The variation shall not apply to an Order which has been cancelled. All deposits and pre payments paid to us shall be refunded as a result of such cancellation, unless the date for Installation has been agreed by you. If you cancel the Order after the Installation has been agreed by you, the provisions of condition 10.2 shall apply.
16.3 Other than you, we do not intend that any other person else can benefit from the Order.
16.4 The conditions and the Order between you and us are subject to the laws of England and Wales and the exclusive jurisdiction of the courts of England and Wales.
16.5 If any of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other terms and conditions shall not be affected.
16.6 We shall not be liable for any delay or failure to deliver products or otherwise perform any obligations as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.
16.7 We can alter or extend promotions at any time.
16.8 This Agreement and the documents referred to in it, constitute the entire agreement and understanding of parties relating to the subject matter of this Agreement and any prior promises, representations and misrepresentations (whether oral or written) relating to the subject matter of this Agreement but without prejudice to the rights.