In these terms and conditions:
“Client Material” means any documents, materials or information provided by you upon which the Services will be based;
“Company” means Sian Baxter Lighting Design Limited;
“Conditions” means these terms and conditions;
“Contract” means the contract for the provision to you of the Services;
“Delivered Material” means any documents or other materials, and any data or other information provided by the Company to you relating to the Services;
“Fee Proposal” means the quotation for the Services agreed by you;
“Services” means the lighting design services to be provided by the Company to you, as more particularly described in the Fee Proposal;
“Standard Hourly Rate” means the hourly charge shown in the Fee Proposal or otherwise quoted to you in writing;
“Third Party Suppliers” means suppliers of goods and services other than the Company; “Goods” mean the goods you agree to buy through the Company;
“Order” means your order which has been accepted by the Company;
“Price” means the price payable in respect of the Goods.
2. The supplier of the Service:
Sian Baxter Lighting Design Limited, of 7 Charlwood Terrace, London, SW15 1NZ,
The agreement between you and the Company will only come into existence once the Company has accepted your instructions and you have confirmed in writing that you wish to proceed. Once you have done so there is a binding legal agreement between you and the Company.
4. Provision of Services
Quotations for the Services are valid for 30 days from the Fee Proposal date.
The Services shall (subject to these Conditions) be provided in accordance with the description of the Services set out in the Fee Proposal.
The Company to provide the Services with reasonable skill and care.
The Company shall use reasonable endeavours to provide the Services within the time agreed, and if no timeframe is specified, within a reasonable time. The Company shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Services, if the delay or failure was due to any cause beyond the Company’s reasonable control.
It is the sole responsibility of the electrical contractors to ensure that the physical implementation meets all necessary regulations (fire or otherwise). For the avoidance of doubt no liability will be accepted by the Company for works carried out by third party electrical contractors in relation to the installation of the Goods.
For the provision of the Services, you shall pay the Company the fee set out in the Fee Proposal. 50% of the quoted fee must be paid to the Company one week prior to the Services commencing and can not be refunded once the Services have commenced. The balance to be paid to the Company within one week of receiving version 1 of the Delivered Material.
If changes are made to the Client Materials upon which the Services are based which result in additional work for the Company (over and above that which is specified in the Fee Proposal), the revision work will be charged by the hour at the Standard Hourly Rate.
Any additional work provided by the Company that is not included in the Fee Proposal (extra site meetings, ordering products etc) will be charged by the hour at the Standard Hourly Rate.
Any additional work will be invoiced at the end of each month for the additional work carried out during that month and must be settled within one week.
The Company may vary the Standard Hourly Rate from time to time by giving you not less than one month’s written notice.
VAT is payable at the prevailing rate.
Travel time to and from meetings will be charged by the hour at the Standard Hourly Rate. In addition any costs incurred by the Company in relation to the travel will be charged (flights, parking etc).
The Company reserve the right to claim statutory interest at 8% above the Bank of England base rate at the date the debt becomes overdue in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
Invoices remaining unpaid after 30 days may be referred to our debt recovery agents and/or small claims court and all costs incurred will be the responsibility of the debtor.
6. Rights and materials
If you supply any documents, materials or information which are required for the performance of the Services, it shall be at your expense. You must supply the Company with such Client Material within sufficient time to enable the Company to provide the Services in accordance with the Contract. It is your responsibility to ensure the accuracy of all Client Material. It is also your responsibility to retain duplicate copies of all Client Material at your own expense and, consequently, the Company shall have no liability for any loss or damage to such Client Material, however caused.
The property and any copyright or other intellectual property rights in:
(a) any Client Material shall belong to you;
(b) any Delivered Material shall belong to the Company, but you shall be entitled to use the Delivered Material for the purposes for which the Services were provided by use of a non- exclusive license, so long as you pay in full all sums payable under the Contract.
The Company shall have no liability for any loss, damage, costs, expenses or other claims for compensation arising from any Client Material or instructions supplied by you which are incomplete, incorrect, inaccurate, or misleading or from any other fault on your part.
7. Other Suppliers of Services
The Company may from time to time provide you with the names of Third Party Suppliers. In providing such names, the Company is not making any recommendation or representation regarding the fitness of the Third Party Suppliers to supply the relevant goods or services. It is your responsibility to satisfy yourself of the fitness of such Third Party Suppliers before you enter into a contract with them by, for example, asking for and following up references or asking for details of and checking on qualifications. You should not rely on the fact that the Company has supplied such names.
8. Supply of Goods
You may wish to order lighting products through the Company. The Company will in this case obtain quotation(s) from Third Party Supplier(s) for the Goods. On acceptance of the quotation you will need to pay for the Goods in full prior to the Company submitting the Order to the relevant Third Party Suppliers.
Once the Order has been submitted to the Third Party Supplier the terms and conditions of that particular supplier will then apply to you. A copy of the Third Party Supplier’s terms and conditions can be supplied on request.
The Third Party Supplier will deliver the Goods directly to your address within the United Kingdom (or overseas on request) notified to the Company at the time of ordering the Goods. Delivery will be charged.
Either party may terminate the Contract at any time by giving written notice to the other.
In the event of termination of the Contract, the Company shall be entitled immediately to invoice you for all Services performed up to the date of termination.
10. Force Majeure
The performance of all contracts is subject to cancellation by the Company owing to any act of God, war, strikes, any acts of government, national emergencies, lock-outs, fire, flood, drought, tempest of any other cause beyond the reasonable control of the Company and, if the Contract is not cancelled, the obligations of the Company shall be held in abeyance for the duration of any such circumstances and any date or deadline under this Contract shall be extended by a period equal to the duration of the existence of such circumstances.
11. Terms of Agreement
These Conditions only apply to the sale of any goods by the Company to a person who is a consumer (within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999).
These Conditions shall apply to all Contracts and shall take precedence over and supersede any terms and conditions previously issued by the Company.
Nothing in these Conditions reduces or limits your rights under any statutes or regulations.
12. Law and Jurisdiction
English law shall apply to the Contract, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.