For the purpose of these terms & conditions the following words shall have the following meanings:
(a) “The Company” shall mean Alto Trade Limited.
(b) “The Customer” shall mean the person or organisation for whom the Company agrees to carry out works &/or supply materials.
The Operative or Engineer shall mean the representative appointed by the Company.
All goods and services supplied by The Company are sold only upon the following conditions.
The placing of an order for any such goods or services, or the acceptance of our quotation or tender or of delivery of goods or services includes acceptance of the following conditions. Unless expressly agreed by us in writing any other terms or conditions (including any which may be included in your order) are excluded. Unless expressly incorporated in our quotation or tender all descriptions, illustrations, drawings, dimensions, weights, measures, specifications, standards of performance or other descriptive matter are approximate only and shall not for part of the contract. Our record of any order placed by you verbally shall be conclusive as to the type and quantity of goods or service and the point and date of delivery.
All quotations shall be given as a firm cost and are open for acceptance within the period stated therein or, where no period is stated, within 30 days after its date. The Company shall not be under any obligation to provide a quote to The Customer & shall only be bound (subject as hereinafter) by quotes given in writing to The Customer & signed by a duly authorised representative of The Company.. The Company reserves the right at any time to refuse any order.
Where “making good of plaster to chases and holes cut as part of the works” has been included in a quote this will be limited to filling of the chase or hole using suitable one coat plaster and excludes rubbing down of plaster in preparation for redecoration or the repair/replacement of paint, wallpaper or other covering.
Conditions will be such as to permit our work to be carried out with continuity, extra charges will be made if our works are held up for any reason beyond our control or if working overtime as a result of a directive from The Customer. Time for delivery or completion shall not be of the essence of the contract unless previously agreed by us in writing. For the avoidance of doubt, delivery/completion dates or times given to you shall not create a contractual obligation to deliver/complete on such date or time, and accordingly no liability shall be accepted by us for any claim by you or any third party for direct or consequential loss or damage arising from delay in delivery/completion.
The Customers cancellation rights are as set out in The Consumer Contracts Regulations 2013.
Your rights- It is our responsibility to supply you with goods and services that meet your consumer rights. If you have any concerns that we have not met our legal obligations please contact us, our contact details are given above.
Cancellation rights regarding urgent/call-out works-
You have no right to cancel this contract if you contacted us and asked us to call to carry out urgent repairs or maintenance. Therefore the information set out below does not apply to the contract.
Your right to cancel- You have a right to cancel this contract without giving any reason. The cancellation period starts when we enter into a contract with and will end 14 days after you have taken possession of the goods we are supplying you.
In order to exercise your right to cancel you must inform us of your decision in writing by letter, email etc.
To meet the cancellation deadline you should let us know that you wish to cancel before the cancellation period has expired.
If you cancel this contract we will reimburse you all that you have paid us, subject to certain possible deductions set out below. However if you ask us to start work straight away you will still have a right to cancel but :
We will make the reimbursement without undue delay, and later than
(a) 14 days after the day that we received the goods that we supplied back for you
(b) If earlier, 14 days after the day you provide evidence that you have returned the goods
(c) If there were no goods supplied or if there were goods and we and we offered to collect them, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
All goods are subject to the standard rate of Value Added Tax on the net invoice value. Where accounts have been approved for credit, payment becomes due in full, no later than the date stated on the invoice. Where there has not been prior approval for credit, payment is due immediately on completion of the work/delivery to The Customer.
Where payment is not received by the due date or where part of an invoice remains unpaid the invoice will be passed to a third party to recover the outstanding monies. This will incur a charge of £20 plus VAT for each invoice passed for collection plus interest at the rate of 4% over base per month on all overdue accounts without prejudice to its right of recovery of goods. All goods supplied by us will remain our absolute property until payment has been received in full.
The Customer shall accept sole liability to discharge the Company’s account unless he/she discloses to the Company when initially instructing the Company to carry out work &/or supply materials that he/she is acting on behalf of a third party (including, but not limited to, a Limited Company or partnership) & receiving a written quote) the name of the third party appears on the written quote.
Title to any goods, supplied by the Company to The Customer shall not pass to The Customer but shall be retained by The Company until payment in full for such goods has been made by The Customer to The Company. Until such time as title in the such goods has passed to The Customer:
(i) The Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all any or part of such goods in which title remains vested in The Company,
(ii) for the purpose specified in (i) above, The Company or any of its agents or authorised representatives shall be entitled at any time & without notice to enter any premises in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.
(iii) The Company shall be entitled to seek a court injunction to prevent The Customer from selling, transferred or otherwise disposing of such goods.
Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to The Customer, & until such time as title in such goods has passed to The Customer, The Customer shall insure such goods to their replacement value & The Customer shall forthwith, upon request, provide The Company with a certificate or other evidence of such Insurance.
If, after The Company shall have carried out the works, The Customer is not wholly satisfied with the works then The Customer shall give notice in writing within five years to The Company & shall afford The Company, and its insurers, the opportunity of both inspecting such works, & carrying out any necessary remedial works if appropriate.
The Customer accepts that if he fails to notify The Company as aforesaid then The Company shall not be liable in respect of any defects in the works carried out.
The Guarantee shall be for labour only in respect of faulty workmanship for five years from the date of completion with the manufacturers warranty in force. The Guarantee will become null & void if the work/materials completed/supplied by The Company is
(a) Subject to misuse or negligence.
(b) Repaired, modified or tampered with by anyone other than a Company operative.
The Company will accept no liability for, or guarantee suitability, materials supplied by The Customer & will accept no liability for any consequential damage or fault.
The Company will not guarantee any work undertaken on instruction from The Customer & against the written or verbal advice of the operative/engineer. Work is guaranteed only in respect of work directly undertaken by the company & payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the company will not be guaranteed.
The Company shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out. Work will not carry a guarantee where the customer has been notified by the operative either verbally or indicated in ticked boxes or in Comments/ Recommendations of any other related work which requires attention.
We always endeavour to provide the best service and products for our customers. However, on rare occasions, we recognise that there may be times where our customers may not be completely satisfied.
To ensure we are able to put things right as soon as we can, please read our complaints procedure below and we will respond promptly to ensure complete satisfaction.
As soon as possible after the completion of the works, please inspect the work to ensure everything has been carried out to our usual high standards.
In the unlikely event there is anything you are not completely satisfied with, please contact us by telephone on 01778 772595, write to us at the registered address or email us using [email protected] and we will respond within forty eight hours of receiving your complaint and where possible, will provide you with a date to remedy any issues raised.
Where we are unable to resolve your complaint using our own complaints procedure, we use an independent Dispute Resolution Ombudsman for dispute resolution. In the unlikely event that we cannot remedy your complaint to your satisfaction you may wish to refer your complaint to them. If you wish to do so please contact the Federation of Master Builders on 0113 201 4263.
In the event of any of these conditions or any part thereof shall be determined invalid, unlawful or unenforceable to any extent, such condition or part shall be severed from the remainder of these conditions which shall continue to be valid to the fullest extent permitted by law. Any failure by us to enforce any or all of these conditions shall not be construed as a waiver of any of our rights hereunder.
This contract will be governed by the laws of England and be subject to jurisdiction of the English courts.