Terms and Conditions
General
IN THESE CONDITIONS: “The Contract” means the contract, comprising these conditions for supply of Goods and Services, “Consumer” means the person(s) who is purchasing outside the course of his or her business or trade, “Goods” means the veranda, and other items to be supplied, “Services” means the services relating to the installation of the veranda, “Order” means the order (on the attached form) by you for the Goods and Services, “You” “Your” means the Consumer submitting an order for Goods and Services “We/Us/Our” means Justin Stalls Ltd t/a Just-Verandas.
These conditions will apply to all your purchases of Goods and Services (as defined above) from us, may only be changed by a document signed by a director of Justin Stalls Ltd t/a Just-Verandas, and form the entire understanding between You and Us and supersede any prior promises, representations (unless fraudulent) or undertakings.
Any Errors or Omissions in any sales literature, web page or site, order form, quotation, price list, order acknowledgement, dispatch note, invoice or other document issued by us may be corrected by us without liability.
By accepting the Contract you are confirming that you are a Consumer and that you are purchasing outside the terms of your trade or business. The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from the contract so that no third party may claim any rights under this contract.
You are to be responsible for obtaining any planning permission or building regulations consent necessary to complete the Contract.
Your Order for Goods and Services
The Order shall be detailed on the Quote/Contract form on the reverse of or attached to these conditions. Once an order has been signed by you and received by us, the Order shall be deemed to have been accepted by us unless we notify you to the contrary within 7 days of you signing the Contract (in which case we shall promptly refund any sums paid by you in respect of the Order).
You warrant to us that you have the right to contract with us to Supply the Goods and Services at the premises where they are to be delivered for installation and will supply us with such information rights of access and mains electricity and water that we may reasonably require in order to deliver the Goods and perform the Services and/or check the Goods and their installation should you notify us about a problem with the same.
Price and Payment
The Price for the Goods and Services is stated on the Order. VAT is not payable as we are a small business.
Payment of the purchase price for the Goods, net of any deposit already paid, is due upon completion of the Services or, in the event of cancellation after the expiry of the 7 day statutory right to cancel set out below or a refusal to accept delivery of the Goods, upon such cancellation or refusal as the case may be.
Delivery of the Goods and the supply of the Services
We will deliver the Goods and Supply the Services to the place noted in the Order.
Unless expressly agreed in writing, any delivery or supply date or time specified by us in any Order or otherwise is a best estimate only and we will not be liable to you for any loss or damage sustained by you if we fail to meet that time scale because of circumstances beyond our reasonable control.
If you become unable to pay your debts (or have a reasonable prospect of so doing), make an arrangement with your creditors, suffer a bankruptcy order or breach your payment obligations we may, as well as any other rights which we have under this Contract, immediately terminate the contract and suspend or cancel further delivery or supply.
Warranties for the Goods and Services
We will supply the Services under this Contract with reasonable skill and care and in accordance with the specification set out in the Order which we have provided you for those Services.
If the Services supplied by us are not in accordance with the above condition you should notify us in writing within 28 days of their supply or within a reasonable time from their supply for defects which are not apparent to you on a reasonable inspection of the Services. We will arrange with you a time when we can visit your home to examine the supplied Services and if the Services have not been supplied with reasonable skill and care and in accordance with the specification set out in the Order which we have provided you for those Services we will either remedy the defect in question or resupply the defective Services.
Whilst every attempt will be made by us to ensure that the Goods supplied match in every respect any samples shown or description given to you, any minor or immaterial variation between sample or description and the goods delivered shall not entitle you to reject the Goods, nor to withhold or reduce payment of the purchase price, nor claim any compensation for such variation or change.
Limitation of Liability
We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for: any losses which are not foreseeable by both Parties when the Contract is formed arising in connection with the Supply of Goods and related Services or their use by you: any losses which are not caused by any breach by us: or business or trade losses.
Nothing in this Contract excludes or limits our liability for: death or personal injury resulting from our negligence or that of our employees or subcontractors: liability for damage to property or injury to persons under the Consumer Protection Act 1987: fraud: or any other matter that we cannot by law exclude or restrict. Subject to the foregoing our entire liability in connection with the contract will not exceed the purchase price of the Goods and Services in question.
Delay or Failure to Perform
We shall not be liable to you if we are prevented or delayed in the performing of any obligations to you if this is due to any cause beyond our reasonable control including, without limitation: an act of God, explosion, flood, fire or accident, war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure by you to give us a correct delivery address or notify us of any change of address.
General
No waiver by us of any breach of the Contract by you is considered as a waiver of any subsequent breach of the same or any other provision.
Each provision of this Contract shall be construed separately and notwithstanding that the whole of any part of any such provision may prove to be illegal or unenforceable the other provisions of this Contract and the remainder of the provision in question shall continue in force and effect.
As a Consumer there are certain terms implied into your contract with us which we cannot exclude or limit ( for example, under the Sale of Goods Act 1979 we have to supply Goods to you which are fit for their purpose). It is important for you to know that nothing in these terms affects your statutory rights.
The Contract is governed by the laws of England and the English courts shall have the non-exclusive jurisdiction to resolve any disputes arising out of or under it.
Any communication to Just-Verandas should be addressed to Just Verandas, Maltings, Malting Lane, Kirby-le-Soken, Frinton-on-Sea, Essex, CO13 0EH
Notice of Right to Cancel
This contract is with Justin Stalls Ltd trading as Just-Verandas Maltings, Malting Lane, Kirby-le-Soken, Frinton-on-Sea, Essex, CO13 0EH registered office 61 Station Road, Sudbury, Suffolk, CO10 2SP.
You may exercise your right to cancel the Contract by sending your cancellation notice in writing to Just Verandas Maltings, Malting Lane, Kirby-le-Soken, Frinton-on-Sea, Essex, CO13 0EH at any time within the period of 7 days starting with the date of this notice as shown on the signed contract.
The notice is deemed to have been served as soon as it is posted or sent to us at Maltings, Malting Lane, Kirby-le-Soken, Frinton-on-Sea, Essex, CO13 0EH
A cancellation form is shown below if you wish to use it.
The Cancellation Form
If you wish to cancel the Contract you MUST DO SO IN WRITING and deliver it personally or send to the address below. You may use this form if you want to but you do not have to.
To Just-Verandas, Maltings, Malting Lane, Kirby-le-Soken, Frinton-on-Sea, Essex, CO13 0EH
I/We* hereby give notice that I/We* wish to cancel my/our* contract (*delete as appropriate)
Customer Name:
Customer Address:
Signed:
Date:
Justin Stalls Ltd t/a Just-Verandas Maltings, Malting Lane, Kirby-le-Soken, Frinton-on-Sea, Essex, CO13 0EH
IN THESE CONDITIONS: “The Contract” means the contract, comprising these conditions for supply of Goods and Services, “Consumer” means the person(s) who is purchasing outside the course of his or her business or trade, “Goods” means the veranda, and other items to be supplied, “Services” means the services relating to the installation of the veranda, “Order” means the order (on the attached form) by you for the Goods and Services, “You” “Your” means the Consumer submitting an order for Goods and Services “We/Us/Our” means Justin Stalls Ltd t/a Just-Verandas.
These conditions will apply to all your purchases of Goods and Services (as defined above) from us, may only be changed by a document signed by a director of Justin Stalls Ltd t/a Just-Verandas, and form the entire understanding between You and Us and supersede any prior promises, representations (unless fraudulent) or undertakings.
Any Errors or Omissions in any sales literature, web page or site, order form, quotation, price list, order acknowledgement, dispatch note, invoice or other document issued by us may be corrected by us without liability.
By accepting the Contract you are confirming that you are a Consumer and that you are purchasing outside the terms of your trade or business. The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from the contract so that no third party may claim any rights under this contract.
You are to be responsible for obtaining any planning permission or building regulations consent necessary to complete the Contract.
Your Order for Goods and Services
The Order shall be detailed on the Quote/Contract form on the reverse of or attached to these conditions. Once an order has been signed by you and received by us, the Order shall be deemed to have been accepted by us unless we notify you to the contrary within 7 days of you signing the Contract (in which case we shall promptly refund any sums paid by you in respect of the Order).
You warrant to us that you have the right to contract with us to Supply the Goods and Services at the premises where they are to be delivered for installation and will supply us with such information rights of access and mains electricity and water that we may reasonably require in order to deliver the Goods and perform the Services and/or check the Goods and their installation should you notify us about a problem with the same.
Price and Payment
The Price for the Goods and Services is stated on the Order. VAT is not payable as we are a small business.
Payment of the purchase price for the Goods, net of any deposit already paid, is due upon completion of the Services or, in the event of cancellation after the expiry of the 7 day statutory right to cancel set out below or a refusal to accept delivery of the Goods, upon such cancellation or refusal as the case may be.
Delivery of the Goods and the supply of the Services
We will deliver the Goods and Supply the Services to the place noted in the Order.
Unless expressly agreed in writing, any delivery or supply date or time specified by us in any Order or otherwise is a best estimate only and we will not be liable to you for any loss or damage sustained by you if we fail to meet that time scale because of circumstances beyond our reasonable control.
If you become unable to pay your debts (or have a reasonable prospect of so doing), make an arrangement with your creditors, suffer a bankruptcy order or breach your payment obligations we may, as well as any other rights which we have under this Contract, immediately terminate the contract and suspend or cancel further delivery or supply.
Warranties for the Goods and Services
We will supply the Services under this Contract with reasonable skill and care and in accordance with the specification set out in the Order which we have provided you for those Services.
If the Services supplied by us are not in accordance with the above condition you should notify us in writing within 28 days of their supply or within a reasonable time from their supply for defects which are not apparent to you on a reasonable inspection of the Services. We will arrange with you a time when we can visit your home to examine the supplied Services and if the Services have not been supplied with reasonable skill and care and in accordance with the specification set out in the Order which we have provided you for those Services we will either remedy the defect in question or resupply the defective Services.
Whilst every attempt will be made by us to ensure that the Goods supplied match in every respect any samples shown or description given to you, any minor or immaterial variation between sample or description and the goods delivered shall not entitle you to reject the Goods, nor to withhold or reduce payment of the purchase price, nor claim any compensation for such variation or change.
Limitation of Liability
We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for: any losses which are not foreseeable by both Parties when the Contract is formed arising in connection with the Supply of Goods and related Services or their use by you: any losses which are not caused by any breach by us: or business or trade losses.
Nothing in this Contract excludes or limits our liability for: death or personal injury resulting from our negligence or that of our employees or subcontractors: liability for damage to property or injury to persons under the Consumer Protection Act 1987: fraud: or any other matter that we cannot by law exclude or restrict. Subject to the foregoing our entire liability in connection with the contract will not exceed the purchase price of the Goods and Services in question.
Delay or Failure to Perform
We shall not be liable to you if we are prevented or delayed in the performing of any obligations to you if this is due to any cause beyond our reasonable control including, without limitation: an act of God, explosion, flood, fire or accident, war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure by you to give us a correct delivery address or notify us of any change of address.
General
No waiver by us of any breach of the Contract by you is considered as a waiver of any subsequent breach of the same or any other provision.
Each provision of this Contract shall be construed separately and notwithstanding that the whole of any part of any such provision may prove to be illegal or unenforceable the other provisions of this Contract and the remainder of the provision in question shall continue in force and effect.
As a Consumer there are certain terms implied into your contract with us which we cannot exclude or limit ( for example, under the Sale of Goods Act 1979 we have to supply Goods to you which are fit for their purpose). It is important for you to know that nothing in these terms affects your statutory rights.
The Contract is governed by the laws of England and the English courts shall have the non-exclusive jurisdiction to resolve any disputes arising out of or under it.
Any communication to Just-Verandas should be addressed to Just Verandas, Maltings, Malting Lane, Kirby-le-Soken, Frinton-on-Sea, Essex, CO13 0EH
Notice of Right to Cancel
This contract is with Justin Stalls Ltd trading as Just-Verandas Maltings, Malting Lane, Kirby-le-Soken, Frinton-on-Sea, Essex, CO13 0EH registered office 61 Station Road, Sudbury, Suffolk, CO10 2SP.
You may exercise your right to cancel the Contract by sending your cancellation notice in writing to Just Verandas Maltings, Malting Lane, Kirby-le-Soken, Frinton-on-Sea, Essex, CO13 0EH at any time within the period of 7 days starting with the date of this notice as shown on the signed contract.
The notice is deemed to have been served as soon as it is posted or sent to us at Maltings, Malting Lane, Kirby-le-Soken, Frinton-on-Sea, Essex, CO13 0EH
A cancellation form is shown below if you wish to use it.
The Cancellation Form
If you wish to cancel the Contract you MUST DO SO IN WRITING and deliver it personally or send to the address below. You may use this form if you want to but you do not have to.
To Just-Verandas, Maltings, Malting Lane, Kirby-le-Soken, Frinton-on-Sea, Essex, CO13 0EH
I/We* hereby give notice that I/We* wish to cancel my/our* contract (*delete as appropriate)
Customer Name:
Customer Address:
Signed:
Date:
Justin Stalls Ltd t/a Just-Verandas Maltings, Malting Lane, Kirby-le-Soken, Frinton-on-Sea, Essex, CO13 0EH
