- The Company means JKS Construction.
- The Customer means any person who purchases services and/or goods from the company.
- Services mean the installation of goods and/or design services provided by the company to a customer.
- Goods mean goods/materials supplied by the company.
- These conditions gove contracts between the Company and the Customer under which the Company undertakes any services for the Customer.
- All orders for goods and/or services submitted by customers shall be deemed to be offers to purchase those goods/services pursuant to these conditions and shall be deemed to be the Customer’s acceptance of these conditions.
- No variation to these conditions shall be binding on the Company unless confirmed in writing on the Company’s headed notepaper and signed by an authorised Manager of the Company.
- Nothing in these conditions is intended to derogate the Customer’s statutory rights as a consumer.
- Where the Company installs goods for the Customer the following provisions apply:
- Any quotation given by the Company as to when the work will be performed or how long it will take is given in good faith but is not guaranteed. The Customer is not entitled to cancel the contract or to withhold payment in part or in full unless the work was not started within a reasonable length of time. The Company shall not be held liable for any loss of expenses or damage caused directly or indirectly by any reasonable delay.
- Where goods are delivered to the Customer’s home ahead of work being commenced risk for the safekeeping of those goods passes to the Customer upon delivery and shall only pass to the Company whilst works are in progress.
- The Company may at its sole discretion sub-contract the whole or any part of any services, but such sub-contracting shall not affect the Company’s liability to the Customer under the contract, such sub-contractors may not necessarily be members of the Buy with Confidence Scheme but will be supervised by our own CRB checked staff.
- The Company reserves the right to decline any order placed by a Customer.
4. Price and Payment
- Any quotation given by the Company is given in good faith based upon the information available at the time. The Company reserves the right to increase the price where:
- Additional work is required in order to complete the ordered services that were not anticipated at the time of the quotation.
- Any additional work requested by the Customer not provided for in the original quotation.
- The services take longer than expected due to failure of the Customer to provide access to the work area during normal working hours (8.00am – 17.00pm).
- Quotations are valid for a certain length of time. Within the quotation will be details of how long the quotation is valid for. If a quotation elapses due to the acceptance date expiring then a new quotation will be submitted on request. There may be a difference in the price of the quotation due to increased or decreased costs.
- A Customer other than a Credit Account Customer must pay an initial deposit of up to 50% of the total contract price. The Company is not obliged to undertake any services until cleared funds are received. In any case the deposit would not exceed the cost of materials due for purchase before works can commence.
- The balance of the contract price is due immediately upon completion of the contracted services.
- Title to goods supplied by the Company for a Customer remains with the breach of the terms (as to payment or otherwise) on which goods were supplied, the Company shall be entitled to repossess those goods, and for such goods are situated provided permission has been granted by a court order for them to do so.
- The Company reserves the right to charge interest at the interest rate as published from time to time in connection with Late Payment Legislation for commercial debts (Bank of England Base Rate plus 3%).
- The Company will charge for any costs incurred to re-claim outstanding debts and this will be added to the overall debt plus an administration fee of 50% of total cost.
5. Cancellation and Refunds
- The Customer may cancel an order for goods/services by notifying the Company in writing at least seven working days prior to the anticipated start date.
- Where deposits have been paid against special order goods no refund will be made should the order be cancelled and the Customer will remain liable for any other amounts still outstanding in respect of special order goods.
- Refunds of all other deposits will be at the absolute discretion of the Company and may be subject to an administration or re-stocking charge.
- The Customer may terminate this agreement if the Company fails to comply with any aspect of these terms and conditions and fails to remedy the situation within a reasonable time from written notification of the breach.
- The Company may terminate the contract if the Customer fails to make any payment due within seven days of payment being requested.
- If a customer cancels the order for goods/services very quickly then where the deposit exceeds our losses we may issue a partial refund.
6. Gove ing Law
- These conditions are gove ed by English Law and the parties agree to submit to the exclusive jurisdiction of the English court for the purposes of resolving any disputes arising under them.
- This document complies with the Unfair Terms in Consumer Contracts Regulations 1999 and the Supply of Goods and Services Act 1982.
7. Divisibility Clause
- This contract is divisible. The work performed /goods supplied in each period during the currency of the contract shall be invoiced separately. Each invoice for work performed/goods supplied in any period shall be payable by the customer in full in accordance with the terms of payment provided for herein/in the contract terms, without reference to and notwithstanding any defect or default in the work performed/goods supplied or to be performed/supplied in any other period.