Contracts are subject to the following Terms and Conditions:-
1) In these Conditions of Contract, Diatostyle Limited will be referred to as “the Company” and the person or persons signing this Contract referred to “the Customer”. Reference to “Product” includes a reference to all ancillary equipment including, all fixing brackets (the motor if motorised) and any electrical wiring.
2) Nothing in these Terms and Conditions will reduce tbe Customer’s statutory rights relating to faulty and/or mis-described goods or service provided.
3.1) Payment terms: 50% shall be paid on signing of the Contract; the balance shall be paid immediately on completion of the installation. An administration fee will be added to overdue balances.
3.2) In the event of a discount being given the discount is dependent on the full balance being paid on completion, unless prior agreement by the Company has been authorised in writing.
3.2) In some instances it is necessary to undertake installations over several stages to ensure correct measurements. In this event, partial payment may be required on completion of the main product, with the balance paid on completion. This may increase lead times for final completion. This will be confirmed in writing by the Company.
4) This Contract is subject to a 7 day cooling off period from the contract date. Charges may be applied to cover costs if cancellation occurs outside the cooling off period.
5) The Company intends to rely upon the written terms set out in these Conditions of Contract. If the Customer requires any changes they should put these in writing and deliver them to the Company prior to signing the Contract. In that way the Company can avoid any problems surrounding what the Company and the Customer is expected to do.
6.1) The Company may survey the Customer’s property to ensure that the Product can be fitted in its chosen position and reserves the right to modify its position if necessary for structural reasons. However, the Company will not make any significant changes in the position of the Product without first consulting the Customer. Subject to any modifications requested by the Company’s surveyor or installers, it is agreed that the Customer will be responsible for choosing the position of the Product following the consultation.
6.2) In the event the Company is unable to install the Product for reasons beyond the Company’s control, the Customer and the Company will each be entitled to rescind the Contract and the Company will return the entirety of the deposit to the Customer.
6.3) It is wholly the Customer’s responsibility to ensure that their chosen Product is of sufficient width and projection to provide the level of coverage desired.
7.1) Where necessary, the Customer shall be solely responsible for obtaining the appropriate planning consent, building regulation and landlord’s consent, local bye law permission and ensuring compliance with any other statutory provision relating to affixing the Product to the Customer’s property.
7.2) It is the responsibility of the Customer to ensure that any boiler flues are redirected or relocated to comply with regulations prior to the Product being installed.
8) Where the Company is supplying guttering, unless otherwise specified, water will run out of the outlet at the base of the column/downpipe. It is the responsibility of the Customer to divert the flow of water to maintain suitable drainage should it be required.
9.1) The Company will guarantee the Product(s) for the period shown overleaf, from the date of installation.
9.2) Any claim arising under the Guarantee must be made to the Company within 14 days of any defect becoming apparent.
9.3) Any attempt to alter or remedy any defect with the Product(s) will immediately terminate the Guarantee and render it null and void.
9.4) The Guarantee shall be subject to reasonable wear and tear and subject to maintenance and recommended usage as contained in these Terms and Conditions and Customer Care Pack. Any damages caused by misusing the product will be excluded.
9.5) The Guarantee excludes heater elements, fuses, bulbs and batteries.
9.6) All efforts will be made to eliminate water leaks within the seal to the wall(s), however the Company can only guarantee against such leaks where the optional lead into mortar is selected. Any cut-outs (to avoid drainpipes etc) cannot be guaranteed against leaks. Wherever possible the company recommends cut-outs are avoided and pipes diverted.
9.7) The Guarantee excludes damages caused by severe or extreme weather conditions and other such acts of god
10.1) In the event that brackets, framework or support posts are required, they will be manufactured from mild steel (unless otherwise specified) which is subject to periodic aesthetic maintenance.
102) Hardwood packing, when used, is provided unpainted and is treated with timber preservative and should be left lor a minimum of 14 days before any painting is undertaken.
11) The Customer shall be solely responsible for providing adequate power supplies for electric Product(s) (such as heaters and lighting) in the form of a standard 13amp 3-pin plug socket or dedicated fused spur.
12) The Company does not accept any liability for minor imperfections in polycarbonate sheeting arising from the handling or manufacturing process which are beyond the Company’s reasonable control. Condensation forming within the Polycarbonate is a natural characteristic of the Product and is more common on roofs with a shallow pitch. Condensation is unavoidable and not considered a fault.
13) The installations dates and times are given in good faith but are only approximate. Quoted lead times are subject to change. The Company shall not be liable for any loss or damage suffered by the Customer through any reasonable or unavoidable delay by the Company in effecting delivery and installation at the time and place arranged.
14) All Product(s) are made specifically to the Customer’s order for installation al the address shown in the Contract and no variation or alterations can be accepted in respect of the location for the installation of the Product.
15) The Company shall retain ownership of all Product(s) fitted until the Customer has finished paying for them.
16) In the event that the Customer wishes to settle any final balance on a credit card this may be subject to a surcharge as specified in the order acknowledgement letter. There are no surcharges for any other payment method.
17) In the event of the Customer requesting a delay in fitting after manufacture, the Company reserves the right to request payment of the outstanding balance, less 10%. The balance being payable on installation. The goods will be despatched to the Customer or, at the Customer’s request, the Company will arrange suitable storage. The cost of which will be borne by the Customer.
18) The Company shall not be liable for losses that were actually unforeseeable to tbe parties when the Contract was formed, for losses not caused by the Company’s breach of the Contract or for any business losses.
19) The Company will try to resolve any disagreements quickly and efficiently. However these Terms and Conditions are governed by English Law and both the Customer and the Company agree to submit to the non-exclusive jurisdiction of the English Courts.
NOTICE OF THE RIGHT TO CANCEL
Should you wish to cancel the contract you MUST DO SO IN WRITING and deliver personally or send (which may be electronic mail – preferred) at any time within 7 calendar days from the date of this contract, to the address listed below. You may use this form if you want to but you do not have to. Return to: Customer Service Manager, Diatostyle Ltd. 130 Old Street, London EC1V 9BD or By Emall: sales@diato.co.uk. This notice Is deemed to have been served as soon as It has been posted or sent.