Terms & Conditions
Within the terms and conditions, the following expressions shall have the following meanings:
1.1 “Agreement” means the contract between My Bathrooms and the Client for the supply of the Products & Services incorporating these Terms and Conditions
1.2 “Certificate of Completion” means a certificate signed by the Client, or their agent, confirming to My Bathrooms that the work has been completed to a satisfactory standard
1.3 “Client” means any party who purchases Products or Services from My Bathrooms under an Agreement
1.4 “My Bathrooms” means My-Bathrooms Yorkshire.co.uk Limited (07907661), registered
office Newsham House, Main Street, Holtby, York, England, YO19 5UD
1.5 “Order” means the signed, formal acceptance of the Quotation
1.6 “Parties” means My Bathrooms and the Client
1.7 “Premises” means the property where the Services are to be undertaken and Products installed
1.8 “Products” means the bathroom Products supplied & installed by My Bathrooms
1.9 “Quotation” means the document submitted by My Bathrooms to the Client, detailing the
Products to be supplied & Services to be undertaken by My Bathrooms, at a stated price, under
1.10 “Services” means the installation Services to be undertaken by My Bathrooms, listed in the quotation and performed under an Agreement
1.11 “Terms and Conditions” means these terms and conditions for the supply of the Products & Services
2.1 The Terms and Conditions shall apply to the Agreement between My Bathrooms and the Client for the supply of Products and Services and supersede all other documentation and/or communication between My Bathrooms and the Client.
2.2 No variations to these Terms and Conditions will be accepted without the written
agreement of My Bathrooms
2.3 Nothing in these Terms and Conditions prohibits a Clients’ statutory rights
3.1 The Quotation is attached to these Terms and Conditions and is shown as ‘Your Quotation’
3.2 The Client is fully responsible for providing complete and accurate measurements, specification and other details My Bathrooms may require to identify the full scope of works to be undertaken. In the event that My Bathrooms has not previously inspected the premises, it is the responsibility of the Client to ensure the Premises are suitable for the installation of Products in accordance with the quotation
3.3 The Quotation will lapse after 30 days, however My Bathrooms may withdraw any Quotation prior to it being accepted by the Client. The Client must accept the Quotation in its entirety.
3.4 Once the Client has placed an order with My Bathrooms and agreed to the breakdown of
works in the Quotation, the Client shall be deemed to have accepted the Quotation.
3.5 The Agreement between My Bathrooms and the Client shall only come in to force once
the Client has made payment of 90% of the quotation price in accordance with the due amount
as detailed in the Quotation for Products and Services to be supplied (see 5.2).
3.6 Any amendments to the agreed Quotation must be accepted in writing by both parties. It
is acceptable for both parties to agree amendments by email.
4. EXECUTION OF SERVICES
4.1 The Services are shown in the Quotation
4.2 Any specifications, drawings or descriptions contained in advertising material and brochures are for the sole purpose of giving an indication of the Products and Services included with them and does not form part of any Agreement, unless otherwise agreed in writing by My Bathrooms and the Client
4.3 My Bathrooms reserves the right to make changes to the scope of works with regards to Services undertaken should changes be required in order to conform with any applicable safety or other statutory requirements or which do not materially affect their quality or performance
4.4 The Products and Services will be delivered at a time agreed between My Bathrooms and the Client. My Bathrooms may vary these times by communicating verbally or in writing any changes to the Client. Delivery dates are estimates only and not guaranteed, time for delivery shall not be of the essence of the Agreement and My Bathrooms shall not be held liable for any loss, costs, charges, expenses or damages caused directly or indirectly by any delay in delivery.
4.5 My Bathrooms will be under no liability or in any way responsible for any structural defects existing in the Clients Premises of which is was unaware at the time of the Quotation, which may later become evident once Services are performed
4.6 The Client acknowledges that My Bathrooms shall have no liability for any making good required as a result of Services undertake, including any repair, replacement, redecorating or cleaning required
4.7 The signing of the Certificate of Completion by the Client or their agent, constitutes acceptance that the work has been completed to a satisfactory standard by My Bathrooms
5. PRICE AND PAYMENT
5.1 The price for Products and Services is as documented in the Quotation and includes VAT at the standard rate when the Quotation is accepted by the client
5.2 15% of the quoted price shall be paid by the Client upon acceptance of the Quotation with a further 35% becoming due 1 month before installation. A further 40% will become due 48 hours after delivery of the Products, at which point payment of 90% must have been made to ensure commencement of Installation services. The balance of 10% is to be paid by the Client upon signing the Certificate of Completion. The guarantee will then be issued.
TERMS AND CONDITIONS
5.3 My Bathrooms is entitled to vary the Quotation price upon giving notice to the Client to take account of:
5.3.1 Any additional Products or Services requested by the Client, which were not included in the Quotation
5.3.2 Any additional work required to complete the installation, which was not reasonably anticipated at the time the Quotation was provided
6. CLIENT OBLIGATIONS
6.1 The Client will cooperate fully with My Bathrooms with regards to the installation Services and shall provide My Bathrooms with access to the Premises in order to ensure that the Services can be completed in a timely manner
6.2 The Client will provide all utilities to ensure installation works can be completed after which testing can be carried out
6.3 It is the responsibility of the Client to obtain and pay for the necessary approvals and permissions required to complete the installation, prior to the commencement of services
6.4 The Client will take all reasonable steps to ensure that there is no damage to or loss of My Bathrooms equipment stored on site at the Premises
6.5 The Client shall be liable for any expenses incurred by My Bathrooms as a result of the Client’s failure to comply with their obligations under the Agreement and these Terms and Conditions
7. MY BATHROOMS OBLIGATIONS
7.1 My Bathrooms shall supply the installation Services and products as specified in the quotation
7.2 My Bathrooms obligation for breach of any warranty given by it in respect of the products or installation Services, shall be at its option to remedy any defects or to make such refund of the price that it shall, in its discretion, consider reasonable
7.3 My Bathrooms shall not be responsible for any defects, injury, loss or damage resulting from the Clients negligence, act or omission or arising from lack of proper, maintenance or improper use, accidents, unauthorised alterations or faulty workmanship on the part of others (excepting My Bathrooms franchisees, employees & authorised agents), save that nothing in these Terms and Conditions is intended to nor shall it limit any liability on My Bathrooms part in respect of death or personal injury caused by its negligence.
7.4 My Bathrooms may perform any of its obligations or experience any of its rights hereunder by itself or through any other party (including its employees, franchisees, agents or sub-contractors) approved by My Bathrooms provided that any act or omission by such party shall be deemed to be My Bathrooms act or omission.
8. FORCE MAJEURE
8.1 Neither of the parties to this agreement shall be responsible to the other for any delay in the performance or non-performance due to any causes beyond the reasonable control of the parties hereto and the affected party shall promptly upon the occurrence of any such cause inform the other party in writing stating that such cause has delayed or prevented its performance under this Agreement and thereafter each of the parties shall take such action as is within its powers to comply with the terms of the Agreement as fully and promptly as possible.
9.1 The Agreement shall continue until the Services have been provided in accordance with the Quotation, or any subsequently agreed date. For the avoidance of doubt, the Agreement shall terminate upon the signing of the Certificate of Completion by the Client.
9.2 My Bathrooms may terminate the Agreement if the Client has failed to pay any sums due on the date specified herein.
9.3 Either party may terminate the Agreement in writing if:
9.3.1 the other party commits a material breach of these conditions and, in the cause of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so: or
9.3.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances
9.4 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination
The Client shall fully and effectively indemnify My Bathrooms against all claims, costs and expenses which My Bathrooms may incur and which arise directly or indirectly from the Clients breach of any of its obligations under these Terms and Conditions
11. GOVERNING LAW
The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and constructed in accordance with the laws of England and Wales where the Premises are in that jurisdiction and under the laws of Scotland where the Premises are located there.
Each part irrevocably agrees that where the Premises are in England and Wales, the law of that jurisdiction shall apply and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) and where the Premises are in Scotland the laws of Scotland shall apply and the Scottish courts shall have exclusive jurisdiction