Definitions
In these conditions:-
“British Standards” means British Standard
HVCA TR/19 DW/172
“Conditions” means the standard
terms and conditions set out below and includes
any
special terms and conditions agreed in writing between us:
“Contract” means the contract
for the supply and installation of the system and
(if
applicable) the provision of the Support Service:
“Contract Terms” means, if we have agreed
to provide a Support Service, the period of Three Years
from the
installation Date and therefore from year to year until terminated in
accordance with condition below.
Emergency Call Outmeans any attendance at
the Premises at the request of the police, fire
authority
of yourself which is not a routine maintenance visit.
Existing System Means any systems or
part of a system already installed at the premises,
Including (but not limited to) speed controls, ducting, fans, canopies,
filters,
Gas
inter-lock, power supplies, wiring which at your request is to be incorporated
within the
system.
Goodsmeans goods to
be supplied by us to your under the Contract:
Initial Charge:means the agreed
price for the supply of nay initial works
Installation Date means the date upon
which we on commission or clean of the system on
the attached
Normal Working Hours means 8.00am to 5.00pm Monday
to Friday except for public and national
Holidays.
Our Charges means the amounts
you have agreed from time to time to pay for the Support
Service.
Premises means the address(es)
at which the System is to be installed and/or the Support
Service
is to be provided.
Schedule means the
Schedule overleaf itemising the System and (if applicable)
the Support
Service.
Specification means the
specification attached (as from time to time amended)
Support Service means the support
service, if any, itemised in the Schedule
Systemmeans the
canopy and functioning devices that are required to keep
operational.
“we”our”us” means Canopyuk.com
or its successors in title
“you”yours” means the person,
firm or company that has agreed to enter into the
Contract
with us.
1.2 The headings in the Conditions are for convenience only
and shall not affect their interpretation.
2 Agreement
2.1 We will supply any initial Works and (if applicable)
provide the Support Service subject to the Conditions
which shall govern the Contract to the exclusion of
any other terms and conditions.
2.2 No variation to the Conditions shall be binding unless
agreed in writing between a authorised
Representatives by Canopyuk.com
2.3 Our employees or agents are not authorised to make any
representation concerning the System and / or
the Support Service unless confirmed by us in
writing. In entering into the Contract, you
acknowledge that you do not rely on, and waive any
claim for breach of any such representations
which are not so confirmed
2.4 Any advice or recommendation given by us or our
employees or agents to you relating to the System
and / or the Support Service which is not
confirmed in writing by us is followed or acted upon entirely
at your risk and we shall not be liable for any
such advice or recommendation no so confirmed.
3. Orders and Specification
3.1 No order submitted by you shall be deemed accepted by
us unless and until the Schedule has been
Signed by us.
3.2 You shall be responsible for ensuring the accuracy
of the terms of any order (including any applicable
specification) submitted by you, and for giving
us any necessary information relating to the System
and / or the Support Service within sufficient
time to enable us to perform the Contract in accordance
with its terms. You shall indemnify us against
loss (including any loss of profit, costs, damages,
charges and expenses incurred by us) as a result
of any failure by you to comply with the terms of
this sub-clause 3.2
3.3 No order which has been accepted by us may be
cancelled by you except with our agreement in writing
and on terms that you shall indemnify us in full
against all loss including loss of profit, costs (including
the cost of all labour and materials used)
damages, charges and expenses incurred by us both up to the
time and as a result of cancellation.
3.4 When orders are placed Canopy Uk Services Ltd endeavours
to meet sizes ordered, but sizes are nominal
and fabrication processes can change this.
3.5 Canopy Uk Services Ltd always aim to produce products
to the highest of quality in their handmade
productions but fabrication of the underside of
the steel can sometimes hold imperfections through the
fabrication processes.
4 Our Charges
4.1 The initial Charge is payable on the installation
date except where the initial Charge exceeds £200.00
In which case half of the initial Charge will be
payable upon the creation of the Contract in accordance
with condition 3.1 above and the balance will be
payable on the Installation date. VAT prevailing at
the date of delivery of our invoice(s) to you
will be paid by you.
4.2 We reserve the right by giving notice to you at any
time before completion of the installation of the
system, to increase the initial Charge to
reflect any increase in our costs which is due to any factor
beyond our control including, without limitation,
any foreign exchange, fluctuation, currency regulation,
alteration of duties, significant increase in
the costs of labour, materials or other costs, any change in
delivery dates or quantities or specifications
for goods or services which is requested by you, or any
delay caused by any instructions from you failure
by you to give us adequate information or
instructions or failure by you to comply with
your obligations set out at conditions 6 below.
4.3 You will pay, if applicable, our charges for
providing the Support Service annually in advance on the
Installation Date and thereafter on the
anniversary and subsequent anniversaries of the installation
Date.
4.4 We shall be entitled, annually, to increase the
charges for the Support Service to reflect any increase
In the retail price index during the intervening
twelve months or 4%, whichever is the greater.
5 Terms of payment
5.1 The time for payment of the Initial Charge, and, if
appropriate our charges for providing the Support
Service, shall be of the essence of the
Contract.
5.2 If you fail to make any payment(s) on the due
date(s) then, without prejudice to any other right or
remedy available to u, we shall be entitled to:-
5.2.1 Cancel the contract or suspend the provision of the
Support Service, and
5.2.2 Charge you interest (both before and after any
Judgement) on the amount unpaid, at the rate of 5%
Per annum above the base rate of the Bank of
England calculated on a daily basis.
6 Your Obligations
6.1 Obtain at your own expense such licences, permits
and approvals as are necessary for the System to
ensure compliance with all statutory and
regulatory requirements.
6.2 Arrange for us to have such access to the Premises
as we may reasonably require.
6.3 Take all such steps as may be necessary to ensure
the safety of the persons instructed by us to carry
out the installation of the System and / or the
provision of the Support Service.
6.4 Provide and pay for adequate electricity and water
supplies to enable us to fulfil our contract with you.
6.5 Tell us before commencement fo the installation of
the System the whereabouts of any hidden pipes,
wires and cables for water, electricity,
telephone, gas and other services which might be affected by
the installation of the System.
6.6 Ensure that your existing electrical installations
are compatible with the System.
6.7 Pay for any redecoration or reinstatement required
to the Premises as a result of the installation of
the System including the cost of relaying carpets
or other floor coverings.
6.8 Ensure seals fitted to any part of the System are
intact before switching the System on. If any such
Seals are not intact you much notify us before
switching the System on and follow our advice.
6.9 Operated the System with reasonable care and be
responsible for the cost of any damage caused to
the System as a result of fire, floods, storm, dampness,
electromagnetic forces, ionising radiation,
accident, misuse, criminal damage, negligence or
any cause beyond our control.
6.10 Pay for any attendance to the System by our engineers
during the Contract Term other than for
attendances in fulfilment of our obligations
under clauses 12.1 and 14.1 below.
6.11 Not allow any person other than one of our
authorised representatives to carry out any repairs,
Alterations or additions to the System during
the Contract Term.
6.12 Indemnify us against any loss (including los of
profit), costs, damages, charges and expenses
Incurred by us as a result of any failure by you
to comply with your obligations under this clauses 6
or arising out of any negligence or breach of
statutory duty on the part of you, your servants or agents.
6.13 Pay to us, as liquidated damages, as compensation for
the time and expense we invest training our
staff to a high standard, a sum equivalent to
four times the weekly rate of Our Charges if at any time
during the currency of or within three months
from the termination (for any reason) of the Contract,
you employ any member of our staff or enter into
a contract for services with any such member of
staff or with any firm or company of which such
member of staff is a director, shareholder, partner
or employee.
7. Our Obligations
7.1 We will supply and install the Service at the time
agreed with you or if no time has been agreed
within a reasonable time, We shall not be
liable for any penalty loss, injury, damage or expense
arising from any delay in the installation of
the System nor shall any such delay entitle you to cancel
the Contract.
7.2 We shall provide the Support Service (if any) as itemised
in the Schedule.
8 Risk
Risk in the Goods will pass to you when they are
delivered to the place where the System is to be
installed.
9. Property
9.1 The property in the Goods will not pass to
you until payment of the price for the System has been
made in full and until such time.
9.1.1 You will hold the Goods as the our bailee and
fiduciary agent: and
9.1.2 You will keep the Goods separately from the other
goods so that they can be identified as our property
and will keep the same protected and insured.
9.2 Until such time as property in the Goods passes to
you we shall be entitled at any time to require you
to deliver the Goods to us and, if not fail to
do so forthwith, to enter upon any premises of yours
or any third party where the Goods are believed
to be stored and re-posses the Goods
10. Maintenance
If we have agreed to provide this Support
Service;-
10.1 During the Contract term we will carry out routine
maintenance visits in accordance with the
specifications and following each visit.
10.2 Routine maintenance visits will be made in normal
working hours in accordance with the HVCA
Code of Practice and any relevant British and
/ or European Standards.
Claims notification
11.1 Any alleged defect in the System shall be notified
by you to us with twenty eight days of the
service date or in the case of a defect which is
not reasonably apparent on inspection within seven
days of the defect coming to your attention.
11.2 Any claim under this Condition must be in writing
and must contain full details of the claim.
11.3 We shall be afforded reasonable opportunity and
facilities to investigate any claims made under this
Condition.
11.4 We shall have no liability with regard to any claim
in respect of which you have not complied with
the claims procedure in this clause 11.
12 Faults – remedies
12.1 Subject to sub-clause 13.1 if you prove that the
System is not working correctly we will remedy the
Defect during Normal Working Hours provided
that we will not be liable to remedy any defect in the
System which does not become apparent within
twelve months of the Installation Date.
12.2 Under no circumstances will we be liable for any
clean arising from:-
12.2.1 The suitability of the System for any particular
purpose or use under specific conditions whether or
not the purpose or conditions were known by
or communicated to us:-
12.2.2 Defects or damages resulting from fair wear and
tear or improper use by you or failure by you to
comply with instructions or advice from us or
the manufacturer of the System or neglect of any
other description.
12.2.3 Any part of the System has been adjusted, altered,
adapted or repaired by any party other than us.
12.2.4 Variations in the specification of the System if
the variations do not materially affect the
characteristics of the System incorporating
such variations complies with HVCA
TR/19 DW/172
12.2.5 Any defect arising from any design or
specification provided or made by you.
12.3 In no circumstances whatsoever shall our
liability to you (on whatever ground) arising under out of
or in connection with the Contract or the
System and / or the Support Service exceed on the invoice
price of the System or the Support Service,
as the case may be, in regard to which complaint is
made, whichever is the greater.
12.4 Save as expressly provided in the Conditions, all
warranties conditions or other terms implied by
statute or common law as excluded to the
fullest extent permitted by law.
12.5 Except in respect of death or personal injury
caused by our negligence and / or breach of statutory
duty or in respect of fraudulent
misrepresentation, we shall not be liable to you by reason of any
representation, or any implied warranty,
condition or other term, or any duty at common law, or
under the express terms of the Contract, for
any direct and / or consequential loss or damage
(weather for loss of profit or otherwise), costs,
expenses or other claims for consequential
compensation whatsoever (and whether caused
by our negligence, or the negligence of our
employee’s or agents or otherwise) which
arise out of or in connection with the supply and
installation of the System or the provision
of the Support Service except as expressly provided in
these conditions.
13 Your insolvency
13.1 This clause applies if:-
13.1.1 You make any voluntary arrangement with your
creditors or become subject to an administration
order or (being an individual or firm) become
bankrupt or (being a company) go in liquidation
(otherwise than for the purposes of
amalgamation or reconstruction or:-
13.1.2 An encumbrancer takes possession, or a receiver
or administrator is appointed, of any of your
property or assets: or
13.1.3 You cease, or threaten to cease, to carry on
business.
13.2 If this clause applies then, without prejudice to
any other right or remedy available to us, we shall be
entitled to cancel the Contract or suspend
the Support Service without any liability to you.
14Force Majeure
We shall not be considered in default of any
of our obligations to the extent that performance of the
Contract is delayed or rendered impossible
by strikes, lockouts, fire, accidents, defective materials,
failure of power supplies, or any other
service provider delay in receipt of raw materials or bought-in
goods or components or in the issue of any
licence, permit, approval or other sanction applied for in
accordance with clause 6.1 above or any
other cause beyond our reasonable control.
15 Sub-Contractors
We shall be entitled at our discretion to
sub-contract any portion of the Contract, but no such
Sub-contact shall affect our liabilities under
the Contract.
16 Termination
16.1 The Support Service will automatically terminate if
the Premises are damaged or destroyed to the
Extent that you are unable to use the Premises
or we cannot reasonably provide the Support
Service.
16.2 The contract for the Support Service can be
terminated by:-
16.2.1 Either party giving to the other not less than
three months notice of termination in writing expiring on
the third or any subsequent anniversary of
the installation date:
16.2.2 Us giving twenty eight days notice to terminate to
you if you are in breach of clause 4.3 above:
16.2.3 Either party giving twenty eight days notice of
termination in writing to the other if the other party is
In material breach of its obligations under
the Contract and such other party has failed to remedy
such breach with twenty eight days of being
notified of such breach
16.3 If we have to terminate the Contract in accordance
with clause 16.2.2 or clause 1.2.3 above or if
you purport to terminate the contract for the
Support Service except in accordance with clause
16.2.1 or clause 16.2.3 above, you will pay by
way of liquidated damages 75% of the charges for
the Support Service which you would otherwise
have been obliged to pay to us had you terminated
this Contract on the earliest date you would
have been entitled to terminate this Contract under
clause 16.2.1 above.
17 General
17.1 Any notice required or permitted to be given by
either party to the other under these Conditions shall
be in writing (which shall include facsimile
transmission) addressed to that other party at its
registered office or principal place of
business in England and Wales, or such other address as may
at the relevant time have been notified
pursuant to the provision to the party giving the notice
17.2 None of these conditions may be enforced by any
person, firm or company who is not a party to the
Contract.
17.3 No waiver by us of any breach of the Contract by
you shall be considered as a waiver of any
subsequent breach of the same or any other
provision.
17.4 If any provision of the Conditions is held by any
competent authority to be invalid or unenforceable
In whole or in part the validity of the other
provisions of the Conditions and the remainder of the
provision in question shall not be affected
thereby.
17.5 Any dispute arising out of the Conditions or the
carrying out of the Works shall be referred to
arbitration by a single arbitrator appointed by
agreement or (in default of agreement) nominated at
the request of either party by the President
for the time being of the Royal Institute of
Chartered Surveyors.
17.6 The Contract shall be governed by the laws of
England and Wales
NB We make no claim that the installation of the
System will prevent damage, loss or injury to you or
the Premises. You must therefore ensure that
the Premises and its contents are adequately insured
and that you have adequate public liability
and (if appropriate) employer liability insurance cover.
ADDITIONAL
“the Purchaser” shall mean any real or legal person who places an order with the Company for the sale of goods from, or supply of services by, the Company.
2. Formation of Contract
No contract shall be formed until such time as the Company has accepted in writing a request for the sale of goods or supply of services.
3. Prices & Delivery
3.1 Delivery of canopies and condense hoods. Generally delivery will be within 3-7 working days, although at busy times it could take longer. The office will contact you to confirm your date of delivery.
3.2 For all other items ordered online you can expect delivery in 1-3 workings days. If you require your order urgently please contact the office.
3.3 All carriage and packaging costs shall be paid by the Purchaser.
3.4 Unless stated in writing, If the buyer is collecting their item(s) they must do so promptly, otherwise they are liable to a storage charge.
3.5 All prices quoted exclude VAT unless otherwise stated in writing.
3.6 Any extra cost incurred by the Company as a result of any act or omission of the Purchaser shall be added to the price.
3.7 By reason of fluctuation in pound value, and other costs, prices are subject to alteration without prior notice and reserve the right to invoice at the price ruling at the date of ordering.
3.8 Any time or date specified for delivery of goods or the supply of services is an estimate only and time shall not be of the essence unless expressly agreed in writing.
3.9 Standard delivery is made by one driver to the kerbside only. Assistance with unloading may be required and the Purchaser must ensure that suitable assistance is available at the time of delivery. Delivery to site does not include unpacking or installation unless agreed in writing.
3.9.1 On pallet deliveries in certain areas where lorries cannot stop or no “loading” bays are available, at the address given by the customers, and if the driver decides to try and deliver in this situation any road enforcement ticket (PCN or Private Charge Notice) is issued the cost will be passed on to the customer.
4. Payment
4.1 Unless other wise agreed in writing by the Company, payment shall be made in full without set-off prior to release of goods or supply of services.
4.2 No commissioning/cleaning certificates will be issued until invoices have been paid in full.
4.3 Payment Terms for Installation. A 50% deposit is required to confirm your order and schedule installations dates on full installs. The balance is then due on the day of installation unless otherwise agreed in writing by CanopyUK Services Ltd and Canopy Uk Services Ltd reserve the right to change these terms on individual installs were needed.
4.4 It is the responsibility of the customer to ensure that all information on items ordered, on a supply only orders, are correct at time of placing the order, this is to include all measurement and requirements on all fabrication, makes and models for all items sold.
5. Cancellation
As this is a business to business contract, the Purchaser has no right of cancellation once an order for goods or services has been accepted by the Company.
6. Warranty Conditions
Any warranty provided by the Company is invalidated if the Purchaser fails to comply in whole or in part with the operation and maintenance instruction or if installation or repair has been carried out by an engineer who is not approved by the Company. The warranty shall also be invalidated if non-genuine parts have been used or modifications have been made. All second-hand equipment is sold as seen without any warranty express or implied.
Any warranty that is provided is limited to the faulty/defective part only. The warranty does not extend to labour or carriage costs to replace this part. The warranty does not extend to perishable or consumable parts or malfunctions resulting from wear and tear or defects caused by mistreatment or mishandling.
7. Quality & Description
Every effort is made to ensure that the description of the goods on the website/catalogue are correct and not misleading at the time of going to print. Where the descriptions are inaccurate the company will use all reasonable endeavours to notify customers wishing to order the relevant goods at the time the order is taken.
8. Ownership and Risk
Legal and beneficial ownership of all goods supplied by the Company shall remain vested in the Company until payment for those goods has been made in full. Failure to pay all sums due in full will give the company the right to take possession of any goods supplied by the Company.
The risk in goods shall pass to the Purchaser upon delivery to the Purchaser or his agent and the Company shall, notwithstanding that ownership of the goods maybe retimed by it, have no responsibility in respect of those goods thereafter, the Purchaser being responsible for effecting adequate insurance in respect of those goods.
9. Damage & Rejection of Goods
The customer must examine the goods for damage and correctness upon delivery. If it is impractical to examine the goods on delivery, the delivery document must be clearly marked and signed for as unexamined and the reason why it was impractical. In the case of any damage, loss or missing parts CanopyUk must be notified in writing within 24 hours of delivery of the goods. If this procedure is not followed any claim for loss, damage or missing parts will not be considered.
10. Specification
All specification and features quoted in the catalogue are nominal and subject to manufacturing tolerances, exact conformity cannot be guaranteed.
11. Suitability For Their Purpose
Goods which have been incorrectly ordered will not normally be accepted for return by the Company. If the Company does accept the return of any goods, the Company reserves the right to charge a 25% restocking and handling fee. Returned goods must be returned, carriage paid, correctly packed in their original packaging, with original manual, have not been used and have all security seals intact. It is entirely the Purchaser’s responsibility to ensure that any goods ordered meet the Purchaser’s requirements. The Purchaser agrees that he has not entered in to this contract on the basis of any representation made by or on behalf of the Company unless such representation is recorded in writing and signed by a director of the Company.
12. Compliance With Instructions & Safety
The customer must ensure that all the equipment are installed, maintained and used strictly in accordance with the appropriate instructions and recommendations both for the safety of users and to prevent damage the equipment.
13. FAULTY GOODS/DAMAGED GOODS If your item is faulty/damaged the buyer is responsible for paying the return costs to Canopy UK. Once the item has been received and tested and is found to be faulty you will be given the choice of a replacement item or a full refund. Please note any shortages or damages must be notified to us with 48 hours of receipt or we will not be held responsible.
We will process the refund as soon as we receive the item back into stock but please allow up to 7 days especially for damaged items as we need to notify the appropriate department for inspection. We are NOT responsible for the postage cost that you incur to send the items back to us.
14. ILLUSTRATIONS
NOTE: Canopy Uk Services Ltd reserve the right to change prices, amend or redesign any product on this website without prior notice. Should you need a product with accurate bespoke sizes please make the sales team aware of your requirements. All pictures shown are for illustration purpose only. Actual product may vary due to product enhancements or changes.
RETURNS ADDRESS:
20-22 Metro Centre
Welbeck Way
Peterborough
PE2 7UH