Terms and conditions

Terms and conditions – Badger Bathrooms Ltd

PRICE

1. Any price quoted by the Company is based upon current prices ruling as at the date on the quotation.  We reserve the right to adjust the price before accepting any order due to changes in vat or any goods or materials price increases.

CANCELLATION BY THE BUYER

1. Once an order is placed we cannot accept cancellation of any order for ‘special’ items or custom made goods, unless a cancellation can be negotiated with our supplier.

2. Once an order is placed we cannot accept cancellation of any ‘non special’ order, once goods are in stock at our warehouse or have been despatched to our warehouse.  If we are able to return goods to or cancel an order with our supplier in the event of customer cancellation prior to delivery to the customer, the customer will be liable to not less than 20% re-stocking fees.  If we are able to return goods to our supplier in the event of customer cancellation after delivery to the customer, the customer will be liable to not less than 25% re-stocking charge and collection fee.  We are unable to accept return of any goods after delivery to our customer if packaging has been opened, marked or damaged, except in the case of faulty goods.  Installed or partially installed items cannot be returned for credit.

3. In respect of 2 and 3 above, any returns for refund are at the discretion of the company except in the case of faulty merchandise.

4. Customers ordering on a supply only basis must pay any balances for goods immediately on delivery /on receipt of invoice or within one month of goods arriving in our warehouse whichever is the sooner.

5. Customers must accept delivery of goods within 3 months of goods arriving in our warehouse, even if goods are paid for (see item 5), unless agreed otherwise by the company in writing.  In the event the customer does not accept delivery of goods within 3 months we reserve the right to charge an additional fee for storage and insurance at a total of 2% of total order value per month, each month.

COVID 19 and ‘LOCKDOWN’

1. The Government has allowed bathroom installations to continue during all lockdowns since summer 2020, as they are considered essential building works.  Customers who choose to postpone their installations during any future lockdown scenario or other Covid related reason, or request to cancel their order, should please refer to item numbers 2, 3, 4, 5 and 6 above, and 24, 25 and 26 below as those terms will apply.

PAYMENT

1. Our terms of payment, including deposit, payment for goods and payment for works, are outlined in the quotation to the customer, and must be followed to enable installation works and/or delivery of goods to proceed without pause. 

2. Credit account customers (trade customers with a trade account agreement with the company) should settle invoices on account within 30 days of receipt of invoice.  All goods remain the property of Badger Bathrooms Ltd until payment is received.  We reserve the right to withdraw credit facilities at any time at our discretion.

3. Time for payment of the goods shall be the essence of the Contract.  Accordingly, if the buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Company shall be entitled to cancel the contract or suspend any further deliveries to the Buyer.

4. The company reserves the right to charge interest on all overdue accounts at the rate of 8% per annum above Bank lending rate.

DELIVERY

1. Any time or date stated on a written quote, letter or order, or given verbally, is given as an estimate only.  Time for delivery of goods shall NOT be of the essence unless previously agreed in writing by the company.  Buyers are advised to commit to an installation schedule with an installer other than Badger Bathrooms Ltd only when goods have been received and checked.  The company is not liable for any installation fees incurred as a result of late delivery, faulty product or incorrect product and liability is limited to the value of the goods only.   Any failure to take delivery by the Buyer shall be deemed to be a breach of the Contract.

2. When goods are supplied on a ‘supply only’ basis, the buyer must within 48 hours of delivery inspect the goods and immediately advise the Company of any damage or shortage for investigation. 

3. The company shall be entitled to make partial deliveries or deliveries by instalments.

4. Notwithstanding delivery and the passing of risk, property in and title to the goods shall remain with the seller until the seller has received payment of the full price of the goods and/or services the subject of the contract and all other goods and/or services supplied by the seller to the buyer under any contract whatsoever.  Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and buyer.

  

INSTALLATION

1. Any time or date or length of works stated on a written quote, letter or order, or given verbally, is given as an estimate only.  Start date or length of time to complete installation works shall NOT be of the essence unless previously agreed in writing by the company.

2. Overall quoted costs for installation will not be negotiated after an order is placed, even if the customer believes the work has been completed more quickly or more slowly than anticipated.

3. Installation costs will be charged as quoted for all actual works specified and are not estimates unless stated in the quotation.  Any additional works found to be required that are not specifically noted in the quotation will be advised to the customer and will be charged as extra to the quotation.  The latter will arise if we are asked to carry out works that haven’t been quoted for or if remedial or adjustment works are required to existing plumbing, plaster, drainage etc that were not envisaged and quoted for specifically in our quotation, eg. if it was not possible to physically inspect such items at survey.

4. Customers are responsible for removing any personal or decorative items from the area our installer will be working in, or travelling through when working.  The company is not liable for any damage caused to such items during the installation if they have not been removed from the installers working area or route to and from.

5. Children should not be left unsupervised in the home while our installers are working there.

6. Pets should be kept in a room away from our installer, especially if the customer is not at home.

7. Our installer will keep his work area clean to the best of his ability.  The company is not liable for dust that arises in adjacent rooms, during or following installation works.

8. When Badger Bathrooms Ltd are carrying out the installation and have included removal of rubbish in the quotation, the customer will allow up to 5 working days after completion for removal of rubbish from the location.  Removal of rubbish will be carried out by registered waste carriers and will include rubbish arising from the quoted works only.

9. Should a customer need to postpone the start of booked installation works, or cancel installation works prior to commencement of works, then full payment of goods is required, and item 6 applies.

10. Should a customer need to postpone installation works once works have commenced then full payment of goods is required, and a portion of the installation costs must be paid by the customer as determined appropriate by the company, on presentation of invoice.

11. In circumstances arising from points 19 and 20 the customer will need to wait for the next available installation slot before works are resumed, at the discretion of the company.

 

WARRANTY AND LIABILITY   

1. The company shall make good by reimbursement of the whole or part of the price or at its option by repair or by replacement any defect developing under normal use of the Goods supplied, provided that he defect in question shall have appeared within 12 months after the Buyer shall have taken possession of the Goods or performance of Services completed, and shall have thereupon promptly notified the Company in writing, and any Goods alleged to be defective shall, if so required by the Company, be made available for collection by the Company.  In the event of the Goods not being defective the Buyer will be liable to reimburse the Company any reasonable expenses incurred by the Company and/or its agents for the collection and inspection of the Goods.

2. The company agrees to guarantee its installation works against product failure and faulty workmanship for a period of one year from the day works are completed.  This guarantee is limited only to the works we do that are specified in the quotation and customers should be aware subsequent faults arising to areas such as heating systems, boilers, existing radiators, pre-existing plumbing and pre-existing wastes, for example, are not included in the guarantee unless works and adjustments to such items were specifically mentioned in the schedule of works in our quotation.  To summarise, our guarantee applies to the actual work we do, not to items already present when we do the work.

3. The liability of the company is also subject to compliance by the Buyer with all the terms contained in this contract.

4. The Company shall, in relation to the Goods and Services, have no obligation to the Buyer, other than the express obligations contained in these conditions or in any other document expressly incorporated in writing into the Contract.  Accordingly, it shall be for the buyer to insure against any liability arising from the performance of the Services and from its use of the Goods.

5. Although the Company offers independent advice on products supplied, and the manner of installation, the Company shall not be held liable for suitability of goods, unless we have surveyed the site concerned specifically to ascertain suitability.  All fittings purchased for installation should be confirmed to be suitable by the Buyer and/or the Buyer’s installer (not applicable if we are the installer).

6. Any liability is limited to the purchased value of goods in question.

 

FREE HOME CONSULTATION AND OUR DESIGN SERVICE

1. The Company has no obligation to provide a survey, quote or design.  This free service is provided at the discretion of the Company.

2. The Company has no liability for performance or suitability of designs, or products specified within,  if a full order is not placed with the company.

3. The Company has no liability for performance or suitability of designs if a home survey has not been completed, or if the information provided to The Company is inaccurate or incomplete.

4. The Company has no obligation to provide any survey, quote or design within any timescale.  Advertised timescales for designs and quotations should be viewed as guidelines only as timescales are subject to forces outside the control of the company, such as busy times of the year, current workload.

 

 

FORCE MAJEURE

1. The Company shall have no liability whatsoever for any failure to perform, or any delay in the performance of any of its obligations under the contract arising wholly or in part by reason of any factor beyond its direct control, such as availability of goods from third parties.