Terms and Conditions


1. Business Customers and Consumers
1.1. some of these terms apply to consumers only; some apply to business customers only. Those terms are marked as such
1.2. all other terms apply to all customers
1.3. you are classed as a business customer if you indicate to us that the goods supplied by us will be used in the course of
your business or if you use the goods in the course of your business
1.4. if you are not a business customer, you are a consumer. You have certain statutory rights as a consumer, which are not
affected by these terms. Contact your local trading standards office for more information. Words in italic type are legal
words which clarify, rather than alter, the meaning of the relevant clause.

 

2. Price
2.1. The price quotes excludes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of order.
2.2. Our quotations lapse after 30 days (unless otherwise stated or non-refundable deposit is paid)
2.3. The price quoted excludes delivery and fitting (unless otherwise stated)
2.4. Business Customers: unless otherwise stated, the price quoted to business customers is an illustrative estimate only and
the price charged will be our price current at the time of delivery.
2.5. Business Customers: Rates of tax and duties on the goods will be those applying at the time of delivery.

 

3. Delivery
3.1. All delivery times quotes are estimates only. You must not confirm installers until goods are in your possession and
they have been inspected for correctness and damage.
3.2. If we fail to deliver within a reasonable time, you may (by informing us in writing) cancel the contract, however:
3.2.1. You may not cancel if we receive your notice after the goods have been dispatched.
3.2.2. If you cancel the contract, you can have no further claim against us under that contract.
3.3. If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim
against us for the delay (including indirect or consequential loss, or increase in the price of goods).
3.4. We mat deliver the goods in instalments. Each instalment is treated as a separate contract.
3.5. We may decline to deliver if:
3.5.1. We believe that it would be unsafe, unlawful, or unreasonably difficult to do so: or
3.5.2. The premises (or the access to them) are unsuitable for our vehicle.

 

4. Risk
4.1. The goods are at your risk from the time of delivery and are insured by us up to this point.
4.2. Delivery takes place either
4.2.1. At our premises (if you are collecting them or arranging carriage); or
4.2.2. At your premises or address specified by you (if we are arranging carriage).
4.2.3. At your premises or address if we are completing the fitting.
4.3. You must inspect the goods on delivery. If any goods are damaged or not delivered, you must write to us within
fourteen days of delivery or the expected delivery time. You must give us (and the carrier) a fair chance to inspect the
damaged goods.

 

5. Payment Terms
5.1. You are to pay us in cleared funds, either in cash or debit/credit card, cheques will take an extra 7 days to clear this will
be added to the time of the delivery.
5.2. Business Customers: If you have an approved credit account, payment is dues no later than 30 days after the date of our
invoice unless otherwise agreed in writing.
5.3. If you fail to pay us in full on the due date we may:
5.3.1. Suspend or cancel future deliveries;
5.3.2. Cancel any discount offered to you;
5.3.3. Charge you interest at the rate set under s.6 of the late payment commercial debts (interest) act 1998;
5.3.3.1. Calculated (on a daily basis) from the date of our invoice until payment;
5.3.3.2. Compounded on the first day of each month; and before and after any judgment (unless a court orders
otherwise). Claim fixed sum compensation from you under s.5a of that act to cover out credit control
overhead costs; and
5.3.4. Recover (under clause 5.8) the cost of taking legal action to make you pay.
5.4. If you have any approved credit account, we may withdraw it or reduce your credit limit or bring forward your due date
for payment. We may take any of these actions at any time without notice.
5.5. Business Customers: you do not have the right to set off any money you may claim from us against anything you may
owe us.
5.6. Consumers: You may only set off money you claim from us against money you owe us with our written agreement and
on such terms as we may state.
5.7. While you owe money to us, we have the right to keep any property we may hold of yours until you have paid us in full
(a lien).
5.8. You are to indemnify us in full and hold us harmless from all expense and liabilities we may incur (directly or
indirectly and including finance costs and legal costs on a full indemnity basis) following any breach by you of any of
your obligations under these terms.

5.9. Consumers: clause 5.8 means that you are liable to us for losses we incur because you do not comply with these terms.
We may claim those losses from you at any time and if we have to take legal action, we will ask the court to make you
pay our legal costs.

 

6. Title
6.1. Consumers: Your statutory rights are unaffected.
6.2. Business Customers: until you pay all debts you may owe us:
6.2.1. All goods supplied by us remain our property;
6.2.2. You must store them, so they are clearly identifiable as our property;
6.2.3. You must insure them (against the risk for which a prudent owner would insure them) and hold the policy on
trust for us;
6.2.4. You may use those goods and sell them in the ordinary course of your business, but not if:
6.2.4.1. We revoke that right (by informing you in writing); or
6.2.4.2. You become insolvent.

6.3. Business Customers: You must inform us (in writing) immediately if you become insolvent.
6.4. Business Customers: If your right to use and sell goods ends you must allow us to remove the goods.
6.5. Business Customers: We have your permission to enter any premises where the goods may be stored:
6.5.1. At any time, to inspect them; and
6.5.2. After your right to use and sell them has ended, to remover them, using reasonable force if necessary.
6.6. Despite our retention of title to good, we have the right to take legal proceedings to recover the price of goods supplied
should you not pay us by the due date.

 

7. Warranties
7.1. We warrant that the goods: for 12 months from date of purchase parts only. (with a maximum of £50 towards labour
costs if we did not fit the products)
7.1.1. Comply with their description on our acknowledgement of order form; and:
7.1.2. Goods are fitted by a professional person i.e. plumber/electrician where specified by local law.
7.1.3. Is free from material defect at the time of delivery (as long as you comply with clause 7.4).
7.1.4. Under some circumstances’ we may have to replace the complete item we will also pay a maximum of £50.00
towards fitting costs in a single instalment if we did not fit the products.

7.2. Business Customers: We give no other warranty (and exclude any warranty, term or condition that would otherwise be
implied) as to the quality of the goods or their fitness for any purpose.
7.3. Consumers; the warranty under Clause 7 are in addition to your statutory rights.
7.4. If you believe that we have delivered goods which are defective in material, you must;
7.4.1. Inform us (in writing), with full details as soon as possible or within fourteen calendar days.
7.4.2. Allow us to investigate (we may need access to your property to do so)
7.5. If the good are found to be defective (following our investigation), and you have complied with the conditions in full,
we will (at our option) replace the goods or refund the price.
7.6. We are not liable for any other loss or damage arising from the contract or the supply of goods or their use, even if we
are negligent, including (as examples only);
7.6.1. Direct financial loss, loss of profits or loss of use; and
7.6.2. Indirect or consequential losses.
7.7. Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to two
million pounds.
7.8. For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the
goods.
7.9. Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.

 

8. Specification
8.1. If we prepare the goods in accordance with your specifications or instructions, you must ensure that;
8.1.1. The specifications or instructions are accurate;
8.1.2. Goods prepared in accordance with those specifications or instructions will be fit for the purpose for which you
intend to use them; and
8.1.3. Your specification or instructions will not result in the infringement of any intellectual property rights of a third
party, or breach of applicable law or regulation.

8.2. Business Customers; we reserve the right,
8.2.1. To make any changes in the specification of our goods that are necessary to ensure they conform to any
applicable safety or stator requirements; and
8.2.2. To make without notice any minor modifications in our specifications we think necessary or desirable.

 

9. Return of Goods
9.1. We will accept the return of goods from you only;
9.1.1. By prior written arrangement
9.1.2. On payment of any agreed handling charge (25% RRP unless otherwise agreed); and
9.1.3. Where goods are as fit for sale on their return as they were on delivery.

 

10. Cancellation
10.1. You may not cancel the order unless we agree in writing.

10.2. If the order is cancelled (for any reason) you will be liable to pay us for all stock (finished or unfinished) that we may
then hold (or to which we are committed) for the order;
10.3. We may suspend or cancel the order, by written notice if;
10.3.1. You fail to pay us any money when due.
10.3.2. You become insolvent.
10.3.3. You fail to honour your obligations under the terms of this agreement.

 

11. Waiver and Variations
11.1. Any waiver or variation of these terms is binding in honour unless;
11.1.1. Made (or recorded) in writing,
11.1.2. Signed on behalf of each party, and
11.1.3. Expressly stating an intention to vary these terms.
11.2. All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order
with us you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our
terms.

 

12. Force Majeure – Business Customers Only
12.1. If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of
circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability.
12.2. These include but are not limited to;
12.2.1. Act of God
12.2.2. Accident
12.2.3. Explosion
12.2.4. War
12.2.5. Terrorism
12.2.6. Fire
12.2.7. Flood
12.2.8. Transport Delays
12.2.9. Strikes and any other industrial disputes and difficulty obtaining supplies.
12.3. It will not affect the enforceability of any other terms and
12.4. If it would be enforceable if amended, it will be treated as so amended.

 

13. General
13.1. English law is applicable to any contact made under these terms. The English and welsh courts have non-exclusive
jurisdiction.
13.2. If you are more than one person, each of you has joint and several obligations under these terms.
13.3. If any of these terms are unenforceable as drafted:
13.3.1. It will not affect the enforceability of any other of these terms; and
13.3.2. If it would be enforceable if amended, it will be treated as so amended.
13.4. We may treat you as insolvent if
13.4.1. You are unable to pay your debts as they fall due, or
13.4.2. You or any item of your property becomes the subject of
13.4.2.1. Any formal insolvency procedure
13.4.2.2. Any application or proposal for any formal insolvency procedure or
13.4.2.3. Any application, procedure, or proposal overseas with similar effect or purpose.

13.5. Business Customers; all brochures, catalogues and other promotional materials are to be treated as illustrative only.
Their contents form no part of any contract between us, and you should not rely on them in entering into any contract
with us.
13.6. Business Customers; any notice by either of us which is to be served under these terms may be served by leaving it at or
by delivering it to (by first class post or by fax) the others registered office or principal place of business. All such
notices must be signed.
13.7. No contract will create any right enforceable
13.8. The only statements upon which you may rely in making the contract with us, are those made in writing by someone
who is our authorised representative and either.
13.8.1. Contained in our estimate (or any covering letter) and not withdrawn before the contract is made, or
13.8.2. Which expressly state that you may rely on them when entering into the contract.
13.9. Nothing in these terms affects or limits our liability for fraudulent misrepresentation.

Peterborough Bathrooms Ltd (Trading as Simply Bathrooms)