Plumb Suite Ltd: Your Go-To Plumbing Company for Quality Services and Affordable Rates

• 82 James Carter Road, Mildenhall IP28 7DE UK

Facebook X-twitter Instagram Linkedin Cc-visa Cc-mastercard

Phone Number

0333 880 9986

Open Hours

Mon Sat 7:00-23:00

Email Us

info@plumbsuite.ltd

22. Law and Jurisdiction
    1. These Terms and Conditions, the Contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
    2. As a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 22.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
    3. Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

SCHEDULE 1

DESIGN SERVICES – ADDITIONAL TERMS AND CONDITIONS

The following additional Terms and Conditions apply where We provide You with any Design Services (see Clause 7)

Initial Consultation

We will talk to You about Your requirements at an initial consultation. (If You wish to factor any critical aspect into the design of the Bathroom, You should identify this to Us at that consultation. If you have a preference for the position and/or style of your washbasin/s, toilet, bath, shower, bidet, airing cupboard, or any other items, You should also identify this to Us at the same time.) If You describe Your Bathroom space and/or give Us any rough measurements at that consultation, We will give You a general assessment of that space at the consultation. 

Surveys and Measurements and Information

EITHER

[Our Site survey and measurements of Your Bathroom

We will then carry out a site survey and take measurements of Your Bathroom but We will not carry out any structural survey or offer or provide opinions or advice structural or other building related matters. We will then give You a report of the survey and measurements. We will be responsible for the accuracy and completeness of that report except as follows. Where building or other works by Your builders / contractors are yet to be started or completed but You nevertheless require Us to carry out Our survey, take measurements, and provide a survey report before completion of those works, You agree that the following shall apply:

1. You will be responsible to ensure that your builders / contractors adhere to the measurements and other material features covered by Our survey report.
2. If We have correctly and accurately both carried out the survey and taken measurements of the Bathroom, and Your builders/contractors then complete their works but they have not adhered to the measurements and other material features covered by Our survey report, there might as a result be material differences between the finished Bathroom space and the details set out in Our survey report, in particular because walls / surfaces / floors / ceilings / doors/windows may have been unknown / not completed when We carried out the survey or took the measurements.
3. If there are any such material differences, You agree that You will bear any additional costs and expenses arising from them.
4. Those additional costs and expenses might include Our additional charges for altering the design of/redesigning the Bathroom and for any additional necessary Visits, or, where we provide Fitting and/or Supply Services and We order or supply materials or products which, due to the material differences, are of the wrong size, type, or number, those additional costs and expenses might include any additional price for Our supply of products, Our additional charges for altering, re-making or replacing those materials or products or other error rectification work, and Our additional charges for any additional necessary Visits.
5. All such additional charges shall be at Our standard hourly rate [of £<<Insert Figure>>] OR [stated in the Agreement].
6. If You do not wish to accept the risk of such material differences occurring or the costs and expenses arising from them, You must allow Us to defer carrying out Our site survey and taking measurements until after Your building and any other works are complete.]

OR

[No site survey or measurements of Your Bathroom by Us.

The Design Services will not include carrying out a site survey or taking measurements of Your Bathroom or carrying out any structural survey or offering or providing opinions or advice about structural or other building related matters. You therefore agree that the following shall apply:

1. In addition to giving Us measurements of the Bathroom, You must give Us all relevant information about the Bathroom, including details of room layout, location of doors, windows, any low ceilings, variation in floor level, any nibs or boxed-in pipework or other obstacles or features that may affect the area which might be covered by bathroom fittings or other items to be fitted.
2. Unless We agree otherwise, We [expect][require] all of the information and measurements to be shown on a two-dimensional drawn plan provided by You to the extent that it is practicable to provide information and measurements in the form of such a plan.
3. We will work exclusively from the information about and measurements of the Bathroom that You or Your appointed agent give Us.

• You will be solely responsible for the correctness of all such information and measurements.
• In providing the Design Services and any other Services, We will not check, and will not be responsible for checking, that information or those measurements and We will accept no liability for material errors in such information or measurements.
• Where such information or measurements is/are materially incorrect and as a result Our design is inappropriate for the Bathroom space in any material respect, or, where we provide Fitting and/or Supply Services, We order or supply materials or products whose size, type, or number is wrong as a result of Us using that materially incorrect information or measurements, You agree that You will bear any resulting additional costs and expenses.
• Those additional costs and expenses might include Our additional charges for altering the design of/redesigning the Bathroom, or, where we provide Fitting and/or Supply Services and We order or supply materials or products of the wrong size, type, or number, those additional costs and expenses might include any additional price for Our supply of products, Our additional charges for altering, re-making or replacing those materials or products or other error rectification work, and Our additional charges for any additional necessary Visits.
• All such additional charges shall be at Our standard hourly rate [of £<<Insert Figure>>] OR [stated in the Agreement].
• If You are having relevant building or other works carried out to the Bathroom and those works are only to be completed after You give Us information about or measurements of the Bathroom, there will be a risk that that information or measurements will be materially incorrect (in particular because walls / surfaces / floors / ceilings / doors / windows may be unknown / unfinished at that time so that You cannot compile accurate measurements or complete and accurate information). You should therefore instead defer giving Us that information or measurements until after all relevant building or other work is complete, and if You do not defer doing so, You accept the risk that You may incur additional costs and expenses as outlined above.]

Provisional Design

After We have the measurements of Your Bathroom [and given You a survey report], We will produce a Provisional Design in writing for the Bathroom and send it to you. [The Provisional Design may include alternative suggestions between which you may choose]. The Provisional Design will include the following elements:

1. Description and details of the Design 
2. Floor plan for the re-design of the room
3. Elevations
4. Lighting plan
5. List of types of parts required for the Design (bath, shower, washbasin/s, toilet, bidet, cabinets, appliances, hot water tank, immersion heater, parts etc.)
6. Photo-realistic 3D visuals
7. <<Insert further or other details>>. 

[The Provisional Design will also include an approximate budget for its implementation by Us but it will only be indicative because an exact budget cannot be produced until You have approved a Final Design and We have given You figures for a Quoted Price for the necessary Fitting and/or Supply Services. If You instead intend to engage any third party/ies to implement the Final Design (or an version of a Provisional Design), You should not treat the approximate budget as even indicative of possible costs of implementation.] 

The Provisional Design will only be Our interpretation of Your requirements based on initial information. It will be Our initial suggestion[s] for design of the Bathroom, and it is intended to form the basis for further discussion with You and to be subject to subsequent changes to meet Your requirements. The initial and any subsequent versions of Provisional Design will not be final or suitable for use for the purpose of providing any Fitting and/or Supply Services or for You to carry out (or arrange to carry out) any similar works. 

Final Design

Once You have considered the Provisional Design We will then develop it through further discussions with You and receipt of any further information or requirements from You. We may, as part of that process, provide You with further suggestions, information and/or materials. 

Only when We have confirmed in writing to You that a particular version of the Provisional Design that we have issued to You is final and You have also signed it to indicate Your approval of it, will it become the Final Design which can be implemented.

All versions of Our Provisional Design and all designs, illustrations, descriptions or other items contained in either any sales literature or other material or on our website are only intended to be for general illustrative purposes and We do not represent, warrant or undertake that the Final Design will include or match anything in any such items. 

When You to sign off a Provisional Design as the Final Design, it will supersede and replace all versions of Our Provisional Design and all information, materials and requirements which You or We have previously communicated to each other.  

Once You have signed-off a final Provisional Design as the Final Design, We will not be responsible if the Final Design does not fully and correctly reflect Your requirements. Therefore, if You are unsure of any aspect of the design, measurements or any technical or other aspect of the design contained in the final Provisional Design, You should raise any query with Us to enable Us to have an opportunity to clarify any Matter and/or amend that final Provisional Design if it is necessary to do so. When You sign the final Provisional Design, that will be Your approval of it and Your confirmation that it meets Your requirements. The Final Design as approved by You will form the basis of any Fitting and/or Supply Services that We provide to You. When You sign the Final Design that will be completion by Us of the Design Services.

Ownership of Rights

Any intellectual property rights in any and all parts of any draft or final Provisional Design, Final Design or any other items or information which We give to You in hard copy or electronic form at any time shall at all times remain Our exclusive property. You or someone on Your behalf may use any such items or information for the sole purpose of implementing Our design for Your Bathroom but You may not copy, reproduce or communicate to any third party any such item or information or use it for any other purpose without Our prior written consent.

SCHEDULE 2

FITTING SERVICES – ADDITIONAL TERMS AND CONDITIONS

The following additional Terms and Conditions apply where We provide You with any Fitting Services (see Clause 7)

General

If You order Fitting Services and We produce a final Provisional Design which You then approve as the Final Design by signing a copy of it, We will then carry out the Fitting Services provided that you comply with your obligations under the Terms and Conditions. 

If You (or a third party on Your behalf) produces a design for Your Bathroom, We will only provide Fitting Services for You based on it if We specifically agree in writing to do so. If You ask Us to implement any such design, You will need to provide Us with a detailed plan of it with Your Order and We will then confirm in Our discretion whether We are prepared to implement it. (We may decide that We are not able to do so or that Your plan lacks the necessary detail or is unsuitable.) If and when We are prepared to implement it, We will issue a Quotation for Fitting Services based on Your detailed plan and will treat it for the purposes of the Agreement as a Final Design (i.e. a design approved by You). 

We undertake that We will fit the Products which We supply to You, if any, together with items (whether appliances or other items) supplied by You, if any, which We have agreed are to be covered by the Fitting Services. 

We undertake that Our Fitting Services will fully and correctly implement the approved Final Design. 

All Products that We use in the Fitting Services will match the Final Design, but We do not represent, warrant or undertake that any such Products will match anything in any designs, illustrations, descriptions or other items contained in either any of Our sales literature or in other material or on our website. All of those designs illustrations, descriptions and other items are only intended to be for general illustrative purposes.

Scope of Our Fitting Services

We will do the following:

• assemble, fit, install and plumb in the bathroom Products that We supply (including bath, shower, shower tray and cubicle, washbasin, toilet, bidet, taps, cupboards, vanity units, shelves, kickboards, cover panels, hot tank, immersion heater, washing machine, tumble dryer).
• where You provide appliances (e.g. water heater, hot tank, immersion heater, washing machine, tumble dryer) which We have agreed to fit, We will complete basic appliance installation if electricity is already in place, but We are not responsible for the selection, supply, suitability, condition or performance of any [such appliances] [appliances that We do not supply as part of the Products].
• where You supply any other items which We have agreed to fit, We will fit them but We are not responsible for the selection, suitability, condition or performance of any such items.
• fit basins into vanity units etc., (including cutting-out of the unit).
• seal all joins and cut-outs. Unless We have specifically agreed otherwise in writing, We shall select the sealant colour on the basis of what we deem most suitable.
• <<Insert any further details>>

Delay

We may reasonably refuse to start work or We may suspend work where You do not comply with your obligations under the Terms and Conditions. You will be responsible for any delays (and the cost of any such delays) which arise as a result.

If it appears that any wall is incapable of holding any Product/s or other items that We are to fit, or any utility supply or connection is unsafe, faulty, flawed or inadequate or of poor quality, We may suspend work until You have had the necessary remedial works carried out.

Care of Property and Damage etc.

Contents at the Property other than in the Bathroom

We will take all reasonable steps to protect Your furniture, furnishings and wall and floor coverings in the Property (and that will include Our placing covers over them if and as reasonably practicable) but We cannot take responsibility for any damage which is caused to those items if We have taken such steps. We will not take responsibility for any damage occurring to any items that You leave in place after We begin work where We have previously advised You that they are at risk and/or an obstacle to our work and We have reasonably asked You to move them. 

Contents in the Bathroom 

We will not take responsibility for any damage occurring to any property that You leave in the Bathroom after We begin work in it. 

Damage to Bathroom

We will not be responsible for any damage that We cause to plastering, tiling, decoration, floor, ceiling, door or window in the Bathroom resulting from Our removal of existing fitted cupboards, shelves, vanity units, baths, showers, shower trays or cubicles, washbasins, toilets, bidets, hot tanks, immersion heaters, washing machines, tumble dryers, lighting, fixtures, fittings or decorations in the Bathroom except where it is due to Our negligence. Unless We have included under “Scope” above any work comprising plastering, painting, papering, tiling, decoration, or ceiling, flooring, window or door removal or installation or other work, We will not be responsible to carry out any such installation or work in the Bathroom.  

Other damage

We will make good at Our own expense any damage that We cause in the course of carrying out the Fitting Services to the plaster, floor, ceiling, walls, rendering or brickwork immediately surrounding any area of the Bathroom, but We do not undertake to replace specialised finishes, such as artex, or surrounding wallpaper or paintwork.

Cleaning and Redecorating 

You will be responsible for any cleaning and redecorating (but not removal of waste) which is necessary to the Bathroom after We have completed the Fitting Services.

Making good: general

Except as set out above:

1. We will ensure that the carrying out of the Fitting Services does not cause any damage to items at the Property, to the Property itself or to any items You provide for Us to fit; and
2. If it does cause any such damage We will make it good at Our own expense as soon as is reasonably possible.

Structural or other defects 

We do not accept any responsibility for any damage to the Bathroom or any other part of the Property resulting from structural or other defects in the Property. You must inform us of any structural defects or anomalies at the Property which might affect or be affected by the Fitting Services.

Security

We will, where necessary, provide temporary glazing and/or boarding to protect the interior of the Bathroom from the elements.  We will also advise You of any security risks associated with these temporary materials.

Waste

We will properly manage and arrange the safe and lawful disposal of all waste generated or removed from the Property that results from Our provision of Fitting Services. 

Your Additional Obligations and Responsibilities

You agree that, in addition to Your other obligations and responsibility under the Terms and Conditions, You:

• are responsible for ensuring before We begin any Fitting Services that, and You warrant that:
  • the Final Design complies with current building and council regulations, and that You have obtained consents in relation to these regulations, and agree that any costs incurred in obtaining these consents will be payable by You.
  • You have applied for and obtained any consents, licences or other permissions if any are needed from any third parties such as landlords, planning authorities, local authorities or similar. 
  • any appliance, accessory, component or other item supplied by You for Us to fit is suitable for use with the Products and other items that We provide. 
  • existing wiring, gas, water and waste pipe work within the Property is generally of a legal and good workman-like standard, 
  • You have located and advised Us of any hidden wiring or pipe work.
• must provide Us with all necessary technical details in writing of appliances and other items which You provide to Us to fit (including without limitation appliance dimensions) necessary for their proper and safe installation.
• must clear the Bathroom site of all property (other than items We are to fit) prior to Us commencing work. This includes any old freestanding bathroom cupboards or units except where We have specifically agreed to remove and clear these.
• allow us to store or keep in the Bathroom [or elsewhere in or at the Property] at times when we are not carrying out the Fitting Services:

• Our Products and materials that form part of the Supply Services; and
• the tools and other equipment needed for the Fitting Services

1. accept and agree that:

• once We have left any Products or materials at Your Property, they will be regarded as delivered to You and You will be responsible for them and will account to Us for any loss or damage to them except if We cause the loss or damage; and
• You will be responsible to take care reasonable care of the tools and other equipment and will account to Us for any loss or damage occurring to them due to Your negligence or that of any other occupant of or visitor to the Property.
• are responsible for ensuring that:

• We have access through the Property and to the Bathroom at the Agreed Times and that such access is and remains appropriate and adequate.
• We have a parking permit (for a visitor to the Property) which We can use throughout the time We are providing the Fitting Services if required or imposed by a local or other authority.
• We can access and use electrical power from electrical outlets (from normal 220/240 volt 3-pin sockets).
• We can access and use water from a supply of hot and cold running water.
• We can use your toilet and washing facilities.
• We have and can use such facilities at the Property as may be reasonably necessary for Us to carry out and complete the Fitting Services.
• You follow Our reasonable instructions relating to safety and the state of either Our work (whether it is work completed or in progress) or the Bathroom and adjacent areas of the Property in general, including directions and restrictions on appropriate usage, care and maintenance.
• You co-operate with Us generally as may be necessary to facilitate Our carrying out and completion of the Fitting Services

SCHEDULE 3

SUPPLY SERVICES – ADDITIONAL TERMS AND CONDITIONS

The following additional Terms and Conditions apply where We provide You with any Supply Services (see Clause 7)

Risk in the Products

The responsibility (sometimes referred to as the “risk”) for damage to or loss of any Product remains with Us until it has been physically delivered to Your Property at which point the risk will pass to You (even if Product is fitted later). 

Ownership and Retention of Ownership (“Title”) of Products

Until We have received payment in full in cash or cleared funds for any Product that We contract to supply to You, the legal and beneficial Title in that Product shall remain in Us (even if risk in that Product has passed to You). Upon payment for that Product, You will own it.

Our Right to Repossess Products Not Paid for by You

If We do not receive payment in cash or cleared funds of any properly issued invoice for any Product within the time which the Agreement permits You to pay it, We shall be entitled to repossess that Product without notice. If necessary, You must allow us to detach or remove that Product from any other Product/s or item/s in or forming part of the Bathroom. You hereby irrevocably authorise Us to enter Your Property for the purpose of exercising Our rights under this clause. This does not affect any other rights You may have.

SCHEDULE 4

SERVICES AGREEMENT

THIS AGREEMENT is made the       day of      

BETWEEN:

1. <<Name of Supplier>> [a company registered in <<Country of Registration>> under number <<Company Registration Number>> whose registered office is at] OR [of] <<Insert Address>> (“the Supplier” or “We” or “Us”) and

1. <<Name of Customer>> of <<Insert Address>> (“the Customer” or “You”))

BACKGROUND: 

1. The Supplier provides bathroom design and/or fitting and/or supply services to consumer clients and has reasonable skill, knowledge and expertise in that field.

1. The Customer wishes to engage the Supplier to provide the [design] OR [supply][and][fitting] services specified below (“the Services”).

2. The Supplier agrees to provide the Services to the Customer, subject to the attached Terms and Conditions and the terms of this Agreement.

IT IS AGREED as follows: 

1. The Agreement
   1. A legally binding contract between You and Us will be created when (and only when) the following have occurred:
      1. We have issued a signed Quotation to You in duplicate; and
      2. You have countersigned and return to Us one copy of it; and
      3. We have received any required Deposit; and 
      4. You and We have signed this Agreement.
   2. After that contract is created, We will attach a copy of the counter-signed copy of the Quotation to a copy of this Agreement signed by You and Us and We will provide You with that signed copy of the Agreement with the Quotation attached.
   3. This Agreement is subject to, and incorporates, the attached Terms and Conditions. 
   4. In this Agreement, words with initial capital letters have the same meaning as they have in the Terms and Conditions.
   5. We confirm and You acknowledge that on or before the date of this Agreement, We gave or made available to You the following information (save where such information is already apparent from the context of the transaction):
      1. The main characteristics of the Services; 
      2. Our identity and contact details; 
      3. The total amount payable for the Services including taxes or, if the total amount cannot be calculated in advance, the manner in which it will be calculated; 
      4. The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services;
      5. Our complaints handling policy;
      6. The duration of this Agreement, where applicable, or if this Agreement is of indeterminate duration or is to be extended automatically, the conditions for terminating it.
2. The Services
   1. We will:
      1. begin to provide the Services on the Start Date of <<Insert Date>>;
      2. aim to complete the Services by <<Insert Date>>;
      3. provide the Services during the Agreed Times of <<Insert Times>> or such other times as You and We may agree in writing;
      4. [provide the [Supply][and][Fitting] Services at the Property located at <<Insert Address>>] OR [provide the Design Services in relation to the Property located at <<Insert Address>>]  ;
      5. perform the Services in accordance with Clause 2.2.
   2. [We will provide the Design Services as stated in Schedule 1 of the attached Terms and Conditions. If, after We have held an initial consultation with You, You and We agree on the details of those services and on the sum payable for providing those services, and You then wish to proceed, those details and the sum payable will have been set out by Us in a Quotation in writing. If it has then been signed by You and We have attached it to this Agreement and We and You have signed this Agreement, then, subject to Clause 4 below, We will be bound to provide those services for that sum and You will be legally bound to pay for them.]

OR

3. [We will provide the Fitting Services as stated in Schedule 2 of the attached Terms and Conditions and those services will comprise the fitting of [those Products referred to below] [together with [appliances] [and other] items supplied by You].  If You and We agree on the sum payable for fitting the Products [and on the items to be supplied by You to be fitted by Us], and if You then wish to proceed, the sum payable will have been set out by Us in a Quotation in writing. If it has then been signed by You and We have attached it to this Agreement and We and You have signed this Agreement, then, subject to Clause 4 below, We will be bound to provide the Fitting Services for that sum and You will be legally bound to pay for them.]

AND/OR

4. [We will provide the Supply Services as stated in Schedule 3 of the attached Terms and Conditions and those services will comprise the supply of the Products necessary to implement the Final Design and the supply of any associated or incidental items or materials reasonably required as part of or in connection with the fitting of the Products. If We and You agree on the Products and associated or incidental items or materials to be supplied by Us and the sum payable for that supply, and if You then wish to proceed, the Products and other items and the sum payable for supplying them will have been set out by Us in a Quotation in writing. If it has then been signed by You and We have attached it to this Agreement and We and You have signed this Agreement, then, subject to Clause 4 below, We will be bound to provide the Supply Services for that sum and You will be legally bound to pay for them.]
5. You and We may agree in writing to vary the details in the attachments referred to in this Clause 2 from time to time by signing a written note of the variation concerned.
6. Price and Payment

You will pay the sum of £<<Insert Sum>> for the [Design Services] OR [[Fitting][and][Supply] Services]. This sum may be broken down as follows:

1. [£<<Insert Sum>> for provision of the Design Services];

OR

2. [£<<Insert Sum>> for provision of the Fitting Services];

AND/OR 

[£<<Insert Sum>> for provision of the Supply Services (including the Price for the Products)].

3. [Our standard hourly rate for any additional work (where We carry out such work which the Terms and Conditions state is to be charged at an hourly rate) is £<<Insert Sum>>].
4. <<Insert full details of other sums due (if any) as detailed in the Quotation>>
5. Waiver of Cooling Off Period
   1. By signing this Agreement You request Us to commence provision of the Services immediately and not to wait for the 14-day cooling off period referred to in Clause 13 of the Terms and Conditions to expire. 
   2. You acknowledge that if You exercise the right to cancel You will be liable to pay Us for the Services provided up until the point at which You inform Us of Your wish to cancel, as set out in Clause 13 of the Terms and Conditions.
   3. You acknowledge that You will lose the right to cancel if the Services are fully performed within the 14 day cooling off period.

SIGNED for and on behalf of the Supplier by:

<<Name and Title of person signing for the Supplier>>

__________________________________________________
Authorised Signature

Date: ____________

SIGNED by the Customer:

<<Full Name of Customer>>

__________________________________________________
Signature

Date: ____________

SCHEDULE 5

MODEL CANCELLATION FORM

To: <<Supplier to insert Supplier’s Geographical Address and, where available, Email Address>>

I/We (delete as appropriate) hereby give notice that I/we (delete as appropriate) cancel my/our (delete as appropriate) contract for 

[Design Services] 

OR 

[Supply] AND/OR 

[Fitting] Services 

dated <<   >>.

Name of consumer(s): <<   >>

Address of consumer(s): <<   >>

Signature of consumer(s): <<   >>

Date: 

[SCHEDULE 6

Attach copy Privacy Notice

22. Law and Jurisdiction
    1. These Terms and Conditions, the Contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
    2. As a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 22.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
    3. Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

SCHEDULE 1

DESIGN SERVICES – ADDITIONAL TERMS AND CONDITIONS

The following additional Terms and Conditions apply where We provide You with any Design Services (see Clause 7)

Initial Consultation

We will talk to You about Your requirements at an initial consultation. (If You wish to factor any critical aspect into the design of the Bathroom, You should identify this to Us at that consultation. If you have a preference for the position and/or style of your washbasin/s, toilet, bath, shower, bidet, airing cupboard, or any other items, You should also identify this to Us at the same time.) If You describe Your Bathroom space and/or give Us any rough measurements at that consultation, We will give You a general assessment of that space at the consultation. 

Surveys and Measurements and Information

EITHER

[Our Site survey and measurements of Your Bathroom

We will then carry out a site survey and take measurements of Your Bathroom but We will not carry out any structural survey or offer or provide opinions or advice structural or other building related matters. We will then give You a report of the survey and measurements. We will be responsible for the accuracy and completeness of that report except as follows. Where building or other works by Your builders / contractors are yet to be started or completed but You nevertheless require Us to carry out Our survey, take measurements, and provide a survey report before completion of those works, You agree that the following shall apply:

1. You will be responsible to ensure that your builders / contractors adhere to the measurements and other material features covered by Our survey report.
2. If We have correctly and accurately both carried out the survey and taken measurements of the Bathroom, and Your builders/contractors then complete their works but they have not adhered to the measurements and other material features covered by Our survey report, there might as a result be material differences between the finished Bathroom space and the details set out in Our survey report, in particular because walls / surfaces / floors / ceilings / doors/windows may have been unknown / not completed when We carried out the survey or took the measurements.
3. If there are any such material differences, You agree that You will bear any additional costs and expenses arising from them.
4. Those additional costs and expenses might include Our additional charges for altering the design of/redesigning the Bathroom and for any additional necessary Visits, or, where we provide Fitting and/or Supply Services and We order or supply materials or products which, due to the material differences, are of the wrong size, type, or number, those additional costs and expenses might include any additional price for Our supply of products, Our additional charges for altering, re-making or replacing those materials or products or other error rectification work, and Our additional charges for any additional necessary Visits.
5. All such additional charges shall be at Our standard hourly rate [of £<<Insert Figure>>] OR [stated in the Agreement].
6. If You do not wish to accept the risk of such material differences occurring or the costs and expenses arising from them, You must allow Us to defer carrying out Our site survey and taking measurements until after Your building and any other works are complete.]

OR

[No site survey or measurements of Your Bathroom by Us.

The Design Services will not include carrying out a site survey or taking measurements of Your Bathroom or carrying out any structural survey or offering or providing opinions or advice about structural or other building related matters. You therefore agree that the following shall apply:

1. In addition to giving Us measurements of the Bathroom, You must give Us all relevant information about the Bathroom, including details of room layout, location of doors, windows, any low ceilings, variation in floor level, any nibs or boxed-in pipework or other obstacles or features that may affect the area which might be covered by bathroom fittings or other items to be fitted.
2. Unless We agree otherwise, We [expect][require] all of the information and measurements to be shown on a two-dimensional drawn plan provided by You to the extent that it is practicable to provide information and measurements in the form of such a plan.
3. We will work exclusively from the information about and measurements of the Bathroom that You or Your appointed agent give Us.

• You will be solely responsible for the correctness of all such information and measurements.
• In providing the Design Services and any other Services, We will not check, and will not be responsible for checking, that information or those measurements and We will accept no liability for material errors in such information or measurements.
• Where such information or measurements is/are materially incorrect and as a result Our design is inappropriate for the Bathroom space in any material respect, or, where we provide Fitting and/or Supply Services, We order or supply materials or products whose size, type, or number is wrong as a result of Us using that materially incorrect information or measurements, You agree that You will bear any resulting additional costs and expenses.
• Those additional costs and expenses might include Our additional charges for altering the design of/redesigning the Bathroom, or, where we provide Fitting and/or Supply Services and We order or supply materials or products of the wrong size, type, or number, those additional costs and expenses might include any additional price for Our supply of products, Our additional charges for altering, re-making or replacing those materials or products or other error rectification work, and Our additional charges for any additional necessary Visits.
• All such additional charges shall be at Our standard hourly rate [of £<<Insert Figure>>] OR [stated in the Agreement].
• If You are having relevant building or other works carried out to the Bathroom and those works are only to be completed after You give Us information about or measurements of the Bathroom, there will be a risk that that information or measurements will be materially incorrect (in particular because walls / surfaces / floors / ceilings / doors / windows may be unknown / unfinished at that time so that You cannot compile accurate measurements or complete and accurate information). You should therefore instead defer giving Us that information or measurements until after all relevant building or other work is complete, and if You do not defer doing so, You accept the risk that You may incur additional costs and expenses as outlined above.]

Provisional Design

After We have the measurements of Your Bathroom [and given You a survey report], We will produce a Provisional Design in writing for the Bathroom and send it to you. [The Provisional Design may include alternative suggestions between which you may choose]. The Provisional Design will include the following elements:

1. Description and details of the Design 
2. Floor plan for the re-design of the room
3. Elevations
4. Lighting plan
5. List of types of parts required for the Design (bath, shower, washbasin/s, toilet, bidet, cabinets, appliances, hot water tank, immersion heater, parts etc.)
6. Photo-realistic 3D visuals
7. <<Insert further or other details>>. 

[The Provisional Design will also include an approximate budget for its implementation by Us but it will only be indicative because an exact budget cannot be produced until You have approved a Final Design and We have given You figures for a Quoted Price for the necessary Fitting and/or Supply Services. If You instead intend to engage any third party/ies to implement the Final Design (or an version of a Provisional Design), You should not treat the approximate budget as even indicative of possible costs of implementation.] 

The Provisional Design will only be Our interpretation of Your requirements based on initial information. It will be Our initial suggestion[s] for design of the Bathroom, and it is intended to form the basis for further discussion with You and to be subject to subsequent changes to meet Your requirements. The initial and any subsequent versions of Provisional Design will not be final or suitable for use for the purpose of providing any Fitting and/or Supply Services or for You to carry out (or arrange to carry out) any similar works. 

Final Design

Once You have considered the Provisional Design We will then develop it through further discussions with You and receipt of any further information or requirements from You. We may, as part of that process, provide You with further suggestions, information and/or materials. 

Only when We have confirmed in writing to You that a particular version of the Provisional Design that we have issued to You is final and You have also signed it to indicate Your approval of it, will it become the Final Design which can be implemented.

All versions of Our Provisional Design and all designs, illustrations, descriptions or other items contained in either any sales literature or other material or on our website are only intended to be for general illustrative purposes and We do not represent, warrant or undertake that the Final Design will include or match anything in any such items. 

When You to sign off a Provisional Design as the Final Design, it will supersede and replace all versions of Our Provisional Design and all information, materials and requirements which You or We have previously communicated to each other.  

Once You have signed-off a final Provisional Design as the Final Design, We will not be responsible if the Final Design does not fully and correctly reflect Your requirements. Therefore, if You are unsure of any aspect of the design, measurements or any technical or other aspect of the design contained in the final Provisional Design, You should raise any query with Us to enable Us to have an opportunity to clarify any Matter and/or amend that final Provisional Design if it is necessary to do so. When You sign the final Provisional Design, that will be Your approval of it and Your confirmation that it meets Your requirements. The Final Design as approved by You will form the basis of any Fitting and/or Supply Services that We provide to You. When You sign the Final Design that will be completion by Us of the Design Services.

Ownership of Rights

Any intellectual property rights in any and all parts of any draft or final Provisional Design, Final Design or any other items or information which We give to You in hard copy or electronic form at any time shall at all times remain Our exclusive property. You or someone on Your behalf may use any such items or information for the sole purpose of implementing Our design for Your Bathroom but You may not copy, reproduce or communicate to any third party any such item or information or use it for any other purpose without Our prior written consent.

SCHEDULE 2

FITTING SERVICES – ADDITIONAL TERMS AND CONDITIONS

The following additional Terms and Conditions apply where We provide You with any Fitting Services (see Clause 7)

General

If You order Fitting Services and We produce a final Provisional Design which You then approve as the Final Design by signing a copy of it, We will then carry out the Fitting Services provided that you comply with your obligations under the Terms and Conditions. 

If You (or a third party on Your behalf) produces a design for Your Bathroom, We will only provide Fitting Services for You based on it if We specifically agree in writing to do so. If You ask Us to implement any such design, You will need to provide Us with a detailed plan of it with Your Order and We will then confirm in Our discretion whether We are prepared to implement it. (We may decide that We are not able to do so or that Your plan lacks the necessary detail or is unsuitable.) If and when We are prepared to implement it, We will issue a Quotation for Fitting Services based on Your detailed plan and will treat it for the purposes of the Agreement as a Final Design (i.e. a design approved by You). 

We undertake that We will fit the Products which We supply to You, if any, together with items (whether appliances or other items) supplied by You, if any, which We have agreed are to be covered by the Fitting Services. 

We undertake that Our Fitting Services will fully and correctly implement the approved Final Design. 

All Products that We use in the Fitting Services will match the Final Design, but We do not represent, warrant or undertake that any such Products will match anything in any designs, illustrations, descriptions or other items contained in either any of Our sales literature or in other material or on our website. All of those designs illustrations, descriptions and other items are only intended to be for general illustrative purposes.

Scope of Our Fitting Services

We will do the following:

• assemble, fit, install and plumb in the bathroom Products that We supply (including bath, shower, shower tray and cubicle, washbasin, toilet, bidet, taps, cupboards, vanity units, shelves, kickboards, cover panels, hot tank, immersion heater, washing machine, tumble dryer).
• where You provide appliances (e.g. water heater, hot tank, immersion heater, washing machine, tumble dryer) which We have agreed to fit, We will complete basic appliance installation if electricity is already in place, but We are not responsible for the selection, supply, suitability, condition or performance of any [such appliances] [appliances that We do not supply as part of the Products].
• where You supply any other items which We have agreed to fit, We will fit them but We are not responsible for the selection, suitability, condition or performance of any such items.
• fit basins into vanity units etc., (including cutting-out of the unit).
• seal all joins and cut-outs. Unless We have specifically agreed otherwise in writing, We shall select the sealant colour on the basis of what we deem most suitable.
• <<Insert any further details>>

Delay

We may reasonably refuse to start work or We may suspend work where You do not comply with your obligations under the Terms and Conditions. You will be responsible for any delays (and the cost of any such delays) which arise as a result.

If it appears that any wall is incapable of holding any Product/s or other items that We are to fit, or any utility supply or connection is unsafe, faulty, flawed or inadequate or of poor quality, We may suspend work until You have had the necessary remedial works carried out.

Care of Property and Damage etc.

Contents at the Property other than in the Bathroom

We will take all reasonable steps to protect Your furniture, furnishings and wall and floor coverings in the Property (and that will include Our placing covers over them if and as reasonably practicable) but We cannot take responsibility for any damage which is caused to those items if We have taken such steps. We will not take responsibility for any damage occurring to any items that You leave in place after We begin work where We have previously advised You that they are at risk and/or an obstacle to our work and We have reasonably asked You to move them. 

Contents in the Bathroom 

We will not take responsibility for any damage occurring to any property that You leave in the Bathroom after We begin work in it. 

Damage to Bathroom

We will not be responsible for any damage that We cause to plastering, tiling, decoration, floor, ceiling, door or window in the Bathroom resulting from Our removal of existing fitted cupboards, shelves, vanity units, baths, showers, shower trays or cubicles, washbasins, toilets, bidets, hot tanks, immersion heaters, washing machines, tumble dryers, lighting, fixtures, fittings or decorations in the Bathroom except where it is due to Our negligence. Unless We have included under “Scope” above any work comprising plastering, painting, papering, tiling, decoration, or ceiling, flooring, window or door removal or installation or other work, We will not be responsible to carry out any such installation or work in the Bathroom.  

Other damage

We will make good at Our own expense any damage that We cause in the course of carrying out the Fitting Services to the plaster, floor, ceiling, walls, rendering or brickwork immediately surrounding any area of the Bathroom, but We do not undertake to replace specialised finishes, such as artex, or surrounding wallpaper or paintwork.

Cleaning and Redecorating 

You will be responsible for any cleaning and redecorating (but not removal of waste) which is necessary to the Bathroom after We have completed the Fitting Services.

Making good: general

Except as set out above:

1. We will ensure that the carrying out of the Fitting Services does not cause any damage to items at the Property, to the Property itself or to any items You provide for Us to fit; and
2. If it does cause any such damage We will make it good at Our own expense as soon as is reasonably possible.

Structural or other defects 

We do not accept any responsibility for any damage to the Bathroom or any other part of the Property resulting from structural or other defects in the Property. You must inform us of any structural defects or anomalies at the Property which might affect or be affected by the Fitting Services.

Security

We will, where necessary, provide temporary glazing and/or boarding to protect the interior of the Bathroom from the elements.  We will also advise You of any security risks associated with these temporary materials.

Waste

We will properly manage and arrange the safe and lawful disposal of all waste generated or removed from the Property that results from Our provision of Fitting Services. 

Your Additional Obligations and Responsibilities

You agree that, in addition to Your other obligations and responsibility under the Terms and Conditions, You:

• are responsible for ensuring before We begin any Fitting Services that, and You warrant that:
  • the Final Design complies with current building and council regulations, and that You have obtained consents in relation to these regulations, and agree that any costs incurred in obtaining these consents will be payable by You.
  • You have applied for and obtained any consents, licences or other permissions if any are needed from any third parties such as landlords, planning authorities, local authorities or similar. 
  • any appliance, accessory, component or other item supplied by You for Us to fit is suitable for use with the Products and other items that We provide. 
  • existing wiring, gas, water and waste pipe work within the Property is generally of a legal and good workman-like standard, 
  • You have located and advised Us of any hidden wiring or pipe work.
• must provide Us with all necessary technical details in writing of appliances and other items which You provide to Us to fit (including without limitation appliance dimensions) necessary for their proper and safe installation.
• must clear the Bathroom site of all property (other than items We are to fit) prior to Us commencing work. This includes any old freestanding bathroom cupboards or units except where We have specifically agreed to remove and clear these.
• allow us to store or keep in the Bathroom [or elsewhere in or at the Property] at times when we are not carrying out the Fitting Services:

• Our Products and materials that form part of the Supply Services; and
• the tools and other equipment needed for the Fitting Services

1. accept and agree that:

• once We have left any Products or materials at Your Property, they will be regarded as delivered to You and You will be responsible for them and will account to Us for any loss or damage to them except if We cause the loss or damage; and
• You will be responsible to take care reasonable care of the tools and other equipment and will account to Us for any loss or damage occurring to them due to Your negligence or that of any other occupant of or visitor to the Property.
• are responsible for ensuring that:

• We have access through the Property and to the Bathroom at the Agreed Times and that such access is and remains appropriate and adequate.
• We have a parking permit (for a visitor to the Property) which We can use throughout the time We are providing the Fitting Services if required or imposed by a local or other authority.
• We can access and use electrical power from electrical outlets (from normal 220/240 volt 3-pin sockets).
• We can access and use water from a supply of hot and cold running water.
• We can use your toilet and washing facilities.
• We have and can use such facilities at the Property as may be reasonably necessary for Us to carry out and complete the Fitting Services.
• You follow Our reasonable instructions relating to safety and the state of either Our work (whether it is work completed or in progress) or the Bathroom and adjacent areas of the Property in general, including directions and restrictions on appropriate usage, care and maintenance.
• You co-operate with Us generally as may be necessary to facilitate Our carrying out and completion of the Fitting Services

SCHEDULE 3

SUPPLY SERVICES – ADDITIONAL TERMS AND CONDITIONS

The following additional Terms and Conditions apply where We provide You with any Supply Services (see Clause 7)

Risk in the Products

The responsibility (sometimes referred to as the “risk”) for damage to or loss of any Product remains with Us until it has been physically delivered to Your Property at which point the risk will pass to You (even if Product is fitted later). 

Ownership and Retention of Ownership (“Title”) of Products

Until We have received payment in full in cash or cleared funds for any Product that We contract to supply to You, the legal and beneficial Title in that Product shall remain in Us (even if risk in that Product has passed to You). Upon payment for that Product, You will own it.

Our Right to Repossess Products Not Paid for by You

If We do not receive payment in cash or cleared funds of any properly issued invoice for any Product within the time which the Agreement permits You to pay it, We shall be entitled to repossess that Product without notice. If necessary, You must allow us to detach or remove that Product from any other Product/s or item/s in or forming part of the Bathroom. You hereby irrevocably authorise Us to enter Your Property for the purpose of exercising Our rights under this clause. This does not affect any other rights You may have.

SCHEDULE 4

SERVICES AGREEMENT

THIS AGREEMENT is made the       day of      

BETWEEN:

1. <<Name of Supplier>> [a company registered in <<Country of Registration>> under number <<Company Registration Number>> whose registered office is at] OR [of] <<Insert Address>> (“the Supplier” or “We” or “Us”) and

1. <<Name of Customer>> of <<Insert Address>> (“the Customer” or “You”))

BACKGROUND: 

1. The Supplier provides bathroom design and/or fitting and/or supply services to consumer clients and has reasonable skill, knowledge and expertise in that field.

1. The Customer wishes to engage the Supplier to provide the [design] OR [supply][and][fitting] services specified below (“the Services”).

2. The Supplier agrees to provide the Services to the Customer, subject to the attached Terms and Conditions and the terms of this Agreement.

IT IS AGREED as follows: 

1. The Agreement
   1. A legally binding contract between You and Us will be created when (and only when) the following have occurred:
      1. We have issued a signed Quotation to You in duplicate; and
      2. You have countersigned and return to Us one copy of it; and
      3. We have received any required Deposit; and 
      4. You and We have signed this Agreement.
   2. After that contract is created, We will attach a copy of the counter-signed copy of the Quotation to a copy of this Agreement signed by You and Us and We will provide You with that signed copy of the Agreement with the Quotation attached.
   3. This Agreement is subject to, and incorporates, the attached Terms and Conditions. 
   4. In this Agreement, words with initial capital letters have the same meaning as they have in the Terms and Conditions.
   5. We confirm and You acknowledge that on or before the date of this Agreement, We gave or made available to You the following information (save where such information is already apparent from the context of the transaction):
      1. The main characteristics of the Services; 
      2. Our identity and contact details; 
      3. The total amount payable for the Services including taxes or, if the total amount cannot be calculated in advance, the manner in which it will be calculated; 
      4. The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services;
      5. Our complaints handling policy;
      6. The duration of this Agreement, where applicable, or if this Agreement is of indeterminate duration or is to be extended automatically, the conditions for terminating it.
2. The Services
   1. We will:
      1. begin to provide the Services on the Start Date of <<Insert Date>>;
      2. aim to complete the Services by <<Insert Date>>;
      3. provide the Services during the Agreed Times of <<Insert Times>> or such other times as You and We may agree in writing;
      4. [provide the [Supply][and][Fitting] Services at the Property located at <<Insert Address>>] OR [provide the Design Services in relation to the Property located at <<Insert Address>>]  ;
      5. perform the Services in accordance with Clause 2.2.
   2. [We will provide the Design Services as stated in Schedule 1 of the attached Terms and Conditions. If, after We have held an initial consultation with You, You and We agree on the details of those services and on the sum payable for providing those services, and You then wish to proceed, those details and the sum payable will have been set out by Us in a Quotation in writing. If it has then been signed by You and We have attached it to this Agreement and We and You have signed this Agreement, then, subject to Clause 4 below, We will be bound to provide those services for that sum and You will be legally bound to pay for them.]

OR

3. [We will provide the Fitting Services as stated in Schedule 2 of the attached Terms and Conditions and those services will comprise the fitting of [those Products referred to below] [together with [appliances] [and other] items supplied by You].  If You and We agree on the sum payable for fitting the Products [and on the items to be supplied by You to be fitted by Us], and if You then wish to proceed, the sum payable will have been set out by Us in a Quotation in writing. If it has then been signed by You and We have attached it to this Agreement and We and You have signed this Agreement, then, subject to Clause 4 below, We will be bound to provide the Fitting Services for that sum and You will be legally bound to pay for them.]

AND/OR

4. [We will provide the Supply Services as stated in Schedule 3 of the attached Terms and Conditions and those services will comprise the supply of the Products necessary to implement the Final Design and the supply of any associated or incidental items or materials reasonably required as part of or in connection with the fitting of the Products. If We and You agree on the Products and associated or incidental items or materials to be supplied by Us and the sum payable for that supply, and if You then wish to proceed, the Products and other items and the sum payable for supplying them will have been set out by Us in a Quotation in writing. If it has then been signed by You and We have attached it to this Agreement and We and You have signed this Agreement, then, subject to Clause 4 below, We will be bound to provide the Supply Services for that sum and You will be legally bound to pay for them.]
5. You and We may agree in writing to vary the details in the attachments referred to in this Clause 2 from time to time by signing a written note of the variation concerned.
6. Price and Payment

You will pay the sum of £<<Insert Sum>> for the [Design Services] OR [[Fitting][and][Supply] Services]. This sum may be broken down as follows:

1. [£<<Insert Sum>> for provision of the Design Services];

OR

2. [£<<Insert Sum>> for provision of the Fitting Services];

AND/OR 

[£<<Insert Sum>> for provision of the Supply Services (including the Price for the Products)].

3. [Our standard hourly rate for any additional work (where We carry out such work which the Terms and Conditions state is to be charged at an hourly rate) is £<<Insert Sum>>].
4. <<Insert full details of other sums due (if any) as detailed in the Quotation>>
5. Waiver of Cooling Off Period
   1. By signing this Agreement You request Us to commence provision of the Services immediately and not to wait for the 14-day cooling off period referred to in Clause 13 of the Terms and Conditions to expire. 
   2. You acknowledge that if You exercise the right to cancel You will be liable to pay Us for the Services provided up until the point at which You inform Us of Your wish to cancel, as set out in Clause 13 of the Terms and Conditions.
   3. You acknowledge that You will lose the right to cancel if the Services are fully performed within the 14 day cooling off period.

SIGNED for and on behalf of the Supplier by:

<<Name and Title of person signing for the Supplier>>

__________________________________________________
Authorised Signature

Date: ____________

SIGNED by the Customer:

<<Full Name of Customer>>

__________________________________________________
Signature

Date: ____________

SCHEDULE 5

MODEL CANCELLATION FORM

To: <<Supplier to insert Supplier’s Geographical Address and, where available, Email Address>>

I/We (delete as appropriate) hereby give notice that I/we (delete as appropriate) cancel my/our (delete as appropriate) contract for 

[Design Services] 

OR 

[Supply] AND/OR 

[Fitting] Services 

dated <<   >>.

Name of consumer(s): <<   >>

Address of consumer(s): <<   >>

Signature of consumer(s): <<   >>

Date: 

[SCHEDULE 6

Attach copy Privacy Notice

1. We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business).  If this occurs We will inform You in writing.  Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them. 
2. You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld). 
3. The Agreement is between You and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement. 
4. If any provision of the Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provision in question will not be affected.
5. No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.
6. Regulations and Information
   1. We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before You have accepted the Quotation and We and You have signed the Agreement) except where that information is already apparent from the context of the transaction. We have included the information itself either in the Agreement or Quotation for You to see now, or We will make it available to You before We and You sign the Agreement. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
   2. As required by the Regulations:
      6850558. all of the information described in sub-Clause 21.1; and
      6850559. any other information which We give to You about any Services or Us or Our business which You take into account when deciding to sign the Agreement and accept a Quotation or when making any other decision about Services, will be part of the terms of our contract with You as a Consumer. 

22. Law and Jurisdiction
    1. These Terms and Conditions, the Contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
    2. As a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 22.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
    3. Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

SCHEDULE 1

DESIGN SERVICES – ADDITIONAL TERMS AND CONDITIONS

The following additional Terms and Conditions apply where We provide You with any Design Services (see Clause 7)

Initial Consultation

We will talk to You about Your requirements at an initial consultation. (If You wish to factor any critical aspect into the design of the Bathroom, You should identify this to Us at that consultation. If you have a preference for the position and/or style of your washbasin/s, toilet, bath, shower, bidet, airing cupboard, or any other items, You should also identify this to Us at the same time.) If You describe Your Bathroom space and/or give Us any rough measurements at that consultation, We will give You a general assessment of that space at the consultation. 

Surveys and Measurements and Information

EITHER

[Our Site survey and measurements of Your Bathroom

We will then carry out a site survey and take measurements of Your Bathroom but We will not carry out any structural survey or offer or provide opinions or advice structural or other building related matters. We will then give You a report of the survey and measurements. We will be responsible for the accuracy and completeness of that report except as follows. Where building or other works by Your builders / contractors are yet to be started or completed but You nevertheless require Us to carry out Our survey, take measurements, and provide a survey report before completion of those works, You agree that the following shall apply:

1. You will be responsible to ensure that your builders / contractors adhere to the measurements and other material features covered by Our survey report.
2. If We have correctly and accurately both carried out the survey and taken measurements of the Bathroom, and Your builders/contractors then complete their works but they have not adhered to the measurements and other material features covered by Our survey report, there might as a result be material differences between the finished Bathroom space and the details set out in Our survey report, in particular because walls / surfaces / floors / ceilings / doors/windows may have been unknown / not completed when We carried out the survey or took the measurements.
3. If there are any such material differences, You agree that You will bear any additional costs and expenses arising from them.
4. Those additional costs and expenses might include Our additional charges for altering the design of/redesigning the Bathroom and for any additional necessary Visits, or, where we provide Fitting and/or Supply Services and We order or supply materials or products which, due to the material differences, are of the wrong size, type, or number, those additional costs and expenses might include any additional price for Our supply of products, Our additional charges for altering, re-making or replacing those materials or products or other error rectification work, and Our additional charges for any additional necessary Visits.
5. All such additional charges shall be at Our standard hourly rate [of £<<Insert Figure>>] OR [stated in the Agreement].
6. If You do not wish to accept the risk of such material differences occurring or the costs and expenses arising from them, You must allow Us to defer carrying out Our site survey and taking measurements until after Your building and any other works are complete.]

OR

[No site survey or measurements of Your Bathroom by Us.

The Design Services will not include carrying out a site survey or taking measurements of Your Bathroom or carrying out any structural survey or offering or providing opinions or advice about structural or other building related matters. You therefore agree that the following shall apply:

1. In addition to giving Us measurements of the Bathroom, You must give Us all relevant information about the Bathroom, including details of room layout, location of doors, windows, any low ceilings, variation in floor level, any nibs or boxed-in pipework or other obstacles or features that may affect the area which might be covered by bathroom fittings or other items to be fitted.
2. Unless We agree otherwise, We [expect][require] all of the information and measurements to be shown on a two-dimensional drawn plan provided by You to the extent that it is practicable to provide information and measurements in the form of such a plan.
3. We will work exclusively from the information about and measurements of the Bathroom that You or Your appointed agent give Us.

• You will be solely responsible for the correctness of all such information and measurements.
• In providing the Design Services and any other Services, We will not check, and will not be responsible for checking, that information or those measurements and We will accept no liability for material errors in such information or measurements.
• Where such information or measurements is/are materially incorrect and as a result Our design is inappropriate for the Bathroom space in any material respect, or, where we provide Fitting and/or Supply Services, We order or supply materials or products whose size, type, or number is wrong as a result of Us using that materially incorrect information or measurements, You agree that You will bear any resulting additional costs and expenses.
• Those additional costs and expenses might include Our additional charges for altering the design of/redesigning the Bathroom, or, where we provide Fitting and/or Supply Services and We order or supply materials or products of the wrong size, type, or number, those additional costs and expenses might include any additional price for Our supply of products, Our additional charges for altering, re-making or replacing those materials or products or other error rectification work, and Our additional charges for any additional necessary Visits.
• All such additional charges shall be at Our standard hourly rate [of £<<Insert Figure>>] OR [stated in the Agreement].
• If You are having relevant building or other works carried out to the Bathroom and those works are only to be completed after You give Us information about or measurements of the Bathroom, there will be a risk that that information or measurements will be materially incorrect (in particular because walls / surfaces / floors / ceilings / doors / windows may be unknown / unfinished at that time so that You cannot compile accurate measurements or complete and accurate information). You should therefore instead defer giving Us that information or measurements until after all relevant building or other work is complete, and if You do not defer doing so, You accept the risk that You may incur additional costs and expenses as outlined above.]

Provisional Design

After We have the measurements of Your Bathroom [and given You a survey report], We will produce a Provisional Design in writing for the Bathroom and send it to you. [The Provisional Design may include alternative suggestions between which you may choose]. The Provisional Design will include the following elements:

1. Description and details of the Design 
2. Floor plan for the re-design of the room
3. Elevations
4. Lighting plan
5. List of types of parts required for the Design (bath, shower, washbasin/s, toilet, bidet, cabinets, appliances, hot water tank, immersion heater, parts etc.)
6. Photo-realistic 3D visuals
7. <<Insert further or other details>>. 

[The Provisional Design will also include an approximate budget for its implementation by Us but it will only be indicative because an exact budget cannot be produced until You have approved a Final Design and We have given You figures for a Quoted Price for the necessary Fitting and/or Supply Services. If You instead intend to engage any third party/ies to implement the Final Design (or an version of a Provisional Design), You should not treat the approximate budget as even indicative of possible costs of implementation.] 

The Provisional Design will only be Our interpretation of Your requirements based on initial information. It will be Our initial suggestion[s] for design of the Bathroom, and it is intended to form the basis for further discussion with You and to be subject to subsequent changes to meet Your requirements. The initial and any subsequent versions of Provisional Design will not be final or suitable for use for the purpose of providing any Fitting and/or Supply Services or for You to carry out (or arrange to carry out) any similar works. 

Final Design

Once You have considered the Provisional Design We will then develop it through further discussions with You and receipt of any further information or requirements from You. We may, as part of that process, provide You with further suggestions, information and/or materials. 

Only when We have confirmed in writing to You that a particular version of the Provisional Design that we have issued to You is final and You have also signed it to indicate Your approval of it, will it become the Final Design which can be implemented.

All versions of Our Provisional Design and all designs, illustrations, descriptions or other items contained in either any sales literature or other material or on our website are only intended to be for general illustrative purposes and We do not represent, warrant or undertake that the Final Design will include or match anything in any such items. 

When You to sign off a Provisional Design as the Final Design, it will supersede and replace all versions of Our Provisional Design and all information, materials and requirements which You or We have previously communicated to each other.  

Once You have signed-off a final Provisional Design as the Final Design, We will not be responsible if the Final Design does not fully and correctly reflect Your requirements. Therefore, if You are unsure of any aspect of the design, measurements or any technical or other aspect of the design contained in the final Provisional Design, You should raise any query with Us to enable Us to have an opportunity to clarify any Matter and/or amend that final Provisional Design if it is necessary to do so. When You sign the final Provisional Design, that will be Your approval of it and Your confirmation that it meets Your requirements. The Final Design as approved by You will form the basis of any Fitting and/or Supply Services that We provide to You. When You sign the Final Design that will be completion by Us of the Design Services.

Ownership of Rights

Any intellectual property rights in any and all parts of any draft or final Provisional Design, Final Design or any other items or information which We give to You in hard copy or electronic form at any time shall at all times remain Our exclusive property. You or someone on Your behalf may use any such items or information for the sole purpose of implementing Our design for Your Bathroom but You may not copy, reproduce or communicate to any third party any such item or information or use it for any other purpose without Our prior written consent.

SCHEDULE 2

FITTING SERVICES – ADDITIONAL TERMS AND CONDITIONS

The following additional Terms and Conditions apply where We provide You with any Fitting Services (see Clause 7)

General

If You order Fitting Services and We produce a final Provisional Design which You then approve as the Final Design by signing a copy of it, We will then carry out the Fitting Services provided that you comply with your obligations under the Terms and Conditions. 

If You (or a third party on Your behalf) produces a design for Your Bathroom, We will only provide Fitting Services for You based on it if We specifically agree in writing to do so. If You ask Us to implement any such design, You will need to provide Us with a detailed plan of it with Your Order and We will then confirm in Our discretion whether We are prepared to implement it. (We may decide that We are not able to do so or that Your plan lacks the necessary detail or is unsuitable.) If and when We are prepared to implement it, We will issue a Quotation for Fitting Services based on Your detailed plan and will treat it for the purposes of the Agreement as a Final Design (i.e. a design approved by You). 

We undertake that We will fit the Products which We supply to You, if any, together with items (whether appliances or other items) supplied by You, if any, which We have agreed are to be covered by the Fitting Services. 

We undertake that Our Fitting Services will fully and correctly implement the approved Final Design. 

All Products that We use in the Fitting Services will match the Final Design, but We do not represent, warrant or undertake that any such Products will match anything in any designs, illustrations, descriptions or other items contained in either any of Our sales literature or in other material or on our website. All of those designs illustrations, descriptions and other items are only intended to be for general illustrative purposes.

Scope of Our Fitting Services

We will do the following:

• assemble, fit, install and plumb in the bathroom Products that We supply (including bath, shower, shower tray and cubicle, washbasin, toilet, bidet, taps, cupboards, vanity units, shelves, kickboards, cover panels, hot tank, immersion heater, washing machine, tumble dryer).
• where You provide appliances (e.g. water heater, hot tank, immersion heater, washing machine, tumble dryer) which We have agreed to fit, We will complete basic appliance installation if electricity is already in place, but We are not responsible for the selection, supply, suitability, condition or performance of any [such appliances] [appliances that We do not supply as part of the Products].
• where You supply any other items which We have agreed to fit, We will fit them but We are not responsible for the selection, suitability, condition or performance of any such items.
• fit basins into vanity units etc., (including cutting-out of the unit).
• seal all joins and cut-outs. Unless We have specifically agreed otherwise in writing, We shall select the sealant colour on the basis of what we deem most suitable.
• <<Insert any further details>>

Delay

We may reasonably refuse to start work or We may suspend work where You do not comply with your obligations under the Terms and Conditions. You will be responsible for any delays (and the cost of any such delays) which arise as a result.

If it appears that any wall is incapable of holding any Product/s or other items that We are to fit, or any utility supply or connection is unsafe, faulty, flawed or inadequate or of poor quality, We may suspend work until You have had the necessary remedial works carried out.

Care of Property and Damage etc.

Contents at the Property other than in the Bathroom

We will take all reasonable steps to protect Your furniture, furnishings and wall and floor coverings in the Property (and that will include Our placing covers over them if and as reasonably practicable) but We cannot take responsibility for any damage which is caused to those items if We have taken such steps. We will not take responsibility for any damage occurring to any items that You leave in place after We begin work where We have previously advised You that they are at risk and/or an obstacle to our work and We have reasonably asked You to move them. 

Contents in the Bathroom 

We will not take responsibility for any damage occurring to any property that You leave in the Bathroom after We begin work in it. 

Damage to Bathroom

We will not be responsible for any damage that We cause to plastering, tiling, decoration, floor, ceiling, door or window in the Bathroom resulting from Our removal of existing fitted cupboards, shelves, vanity units, baths, showers, shower trays or cubicles, washbasins, toilets, bidets, hot tanks, immersion heaters, washing machines, tumble dryers, lighting, fixtures, fittings or decorations in the Bathroom except where it is due to Our negligence. Unless We have included under “Scope” above any work comprising plastering, painting, papering, tiling, decoration, or ceiling, flooring, window or door removal or installation or other work, We will not be responsible to carry out any such installation or work in the Bathroom.  

Other damage

We will make good at Our own expense any damage that We cause in the course of carrying out the Fitting Services to the plaster, floor, ceiling, walls, rendering or brickwork immediately surrounding any area of the Bathroom, but We do not undertake to replace specialised finishes, such as artex, or surrounding wallpaper or paintwork.

Cleaning and Redecorating 

You will be responsible for any cleaning and redecorating (but not removal of waste) which is necessary to the Bathroom after We have completed the Fitting Services.

Making good: general

Except as set out above:

1. We will ensure that the carrying out of the Fitting Services does not cause any damage to items at the Property, to the Property itself or to any items You provide for Us to fit; and
2. If it does cause any such damage We will make it good at Our own expense as soon as is reasonably possible.

Structural or other defects 

We do not accept any responsibility for any damage to the Bathroom or any other part of the Property resulting from structural or other defects in the Property. You must inform us of any structural defects or anomalies at the Property which might affect or be affected by the Fitting Services.

Security

We will, where necessary, provide temporary glazing and/or boarding to protect the interior of the Bathroom from the elements.  We will also advise You of any security risks associated with these temporary materials.

Waste

We will properly manage and arrange the safe and lawful disposal of all waste generated or removed from the Property that results from Our provision of Fitting Services. 

Your Additional Obligations and Responsibilities

You agree that, in addition to Your other obligations and responsibility under the Terms and Conditions, You:

• are responsible for ensuring before We begin any Fitting Services that, and You warrant that:
  • the Final Design complies with current building and council regulations, and that You have obtained consents in relation to these regulations, and agree that any costs incurred in obtaining these consents will be payable by You.
  • You have applied for and obtained any consents, licences or other permissions if any are needed from any third parties such as landlords, planning authorities, local authorities or similar. 
  • any appliance, accessory, component or other item supplied by You for Us to fit is suitable for use with the Products and other items that We provide. 
  • existing wiring, gas, water and waste pipe work within the Property is generally of a legal and good workman-like standard, 
  • You have located and advised Us of any hidden wiring or pipe work.
• must provide Us with all necessary technical details in writing of appliances and other items which You provide to Us to fit (including without limitation appliance dimensions) necessary for their proper and safe installation.
• must clear the Bathroom site of all property (other than items We are to fit) prior to Us commencing work. This includes any old freestanding bathroom cupboards or units except where We have specifically agreed to remove and clear these.
• allow us to store or keep in the Bathroom [or elsewhere in or at the Property] at times when we are not carrying out the Fitting Services:

• Our Products and materials that form part of the Supply Services; and
• the tools and other equipment needed for the Fitting Services

1. accept and agree that:

• once We have left any Products or materials at Your Property, they will be regarded as delivered to You and You will be responsible for them and will account to Us for any loss or damage to them except if We cause the loss or damage; and
• You will be responsible to take care reasonable care of the tools and other equipment and will account to Us for any loss or damage occurring to them due to Your negligence or that of any other occupant of or visitor to the Property.
• are responsible for ensuring that:

• We have access through the Property and to the Bathroom at the Agreed Times and that such access is and remains appropriate and adequate.
• We have a parking permit (for a visitor to the Property) which We can use throughout the time We are providing the Fitting Services if required or imposed by a local or other authority.
• We can access and use electrical power from electrical outlets (from normal 220/240 volt 3-pin sockets).
• We can access and use water from a supply of hot and cold running water.
• We can use your toilet and washing facilities.
• We have and can use such facilities at the Property as may be reasonably necessary for Us to carry out and complete the Fitting Services.
• You follow Our reasonable instructions relating to safety and the state of either Our work (whether it is work completed or in progress) or the Bathroom and adjacent areas of the Property in general, including directions and restrictions on appropriate usage, care and maintenance.
• You co-operate with Us generally as may be necessary to facilitate Our carrying out and completion of the Fitting Services

SCHEDULE 3

SUPPLY SERVICES – ADDITIONAL TERMS AND CONDITIONS

The following additional Terms and Conditions apply where We provide You with any Supply Services (see Clause 7)

Risk in the Products

The responsibility (sometimes referred to as the “risk”) for damage to or loss of any Product remains with Us until it has been physically delivered to Your Property at which point the risk will pass to You (even if Product is fitted later). 

Ownership and Retention of Ownership (“Title”) of Products

Until We have received payment in full in cash or cleared funds for any Product that We contract to supply to You, the legal and beneficial Title in that Product shall remain in Us (even if risk in that Product has passed to You). Upon payment for that Product, You will own it.

Our Right to Repossess Products Not Paid for by You

If We do not receive payment in cash or cleared funds of any properly issued invoice for any Product within the time which the Agreement permits You to pay it, We shall be entitled to repossess that Product without notice. If necessary, You must allow us to detach or remove that Product from any other Product/s or item/s in or forming part of the Bathroom. You hereby irrevocably authorise Us to enter Your Property for the purpose of exercising Our rights under this clause. This does not affect any other rights You may have.

SCHEDULE 4

SERVICES AGREEMENT

THIS AGREEMENT is made the       day of      

BETWEEN:

1. <<Name of Supplier>> [a company registered in <<Country of Registration>> under number <<Company Registration Number>> whose registered office is at] OR [of] <<Insert Address>> (“the Supplier” or “We” or “Us”) and

1. <<Name of Customer>> of <<Insert Address>> (“the Customer” or “You”))

BACKGROUND: 

1. The Supplier provides bathroom design and/or fitting and/or supply services to consumer clients and has reasonable skill, knowledge and expertise in that field.

1. The Customer wishes to engage the Supplier to provide the [design] OR [supply][and][fitting] services specified below (“the Services”).

2. The Supplier agrees to provide the Services to the Customer, subject to the attached Terms and Conditions and the terms of this Agreement.

IT IS AGREED as follows: 

1. The Agreement
   1. A legally binding contract between You and Us will be created when (and only when) the following have occurred:
      1. We have issued a signed Quotation to You in duplicate; and
      2. You have countersigned and return to Us one copy of it; and
      3. We have received any required Deposit; and 
      4. You and We have signed this Agreement.
   2. After that contract is created, We will attach a copy of the counter-signed copy of the Quotation to a copy of this Agreement signed by You and Us and We will provide You with that signed copy of the Agreement with the Quotation attached.
   3. This Agreement is subject to, and incorporates, the attached Terms and Conditions. 
   4. In this Agreement, words with initial capital letters have the same meaning as they have in the Terms and Conditions.
   5. We confirm and You acknowledge that on or before the date of this Agreement, We gave or made available to You the following information (save where such information is already apparent from the context of the transaction):
      1. The main characteristics of the Services; 
      2. Our identity and contact details; 
      3. The total amount payable for the Services including taxes or, if the total amount cannot be calculated in advance, the manner in which it will be calculated; 
      4. The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services;
      5. Our complaints handling policy;
      6. The duration of this Agreement, where applicable, or if this Agreement is of indeterminate duration or is to be extended automatically, the conditions for terminating it.
2. The Services
   1. We will:
      1. begin to provide the Services on the Start Date of <<Insert Date>>;
      2. aim to complete the Services by <<Insert Date>>;
      3. provide the Services during the Agreed Times of <<Insert Times>> or such other times as You and We may agree in writing;
      4. [provide the [Supply][and][Fitting] Services at the Property located at <<Insert Address>>] OR [provide the Design Services in relation to the Property located at <<Insert Address>>]  ;
      5. perform the Services in accordance with Clause 2.2.
   2. [We will provide the Design Services as stated in Schedule 1 of the attached Terms and Conditions. If, after We have held an initial consultation with You, You and We agree on the details of those services and on the sum payable for providing those services, and You then wish to proceed, those details and the sum payable will have been set out by Us in a Quotation in writing. If it has then been signed by You and We have attached it to this Agreement and We and You have signed this Agreement, then, subject to Clause 4 below, We will be bound to provide those services for that sum and You will be legally bound to pay for them.]

OR

3. [We will provide the Fitting Services as stated in Schedule 2 of the attached Terms and Conditions and those services will comprise the fitting of [those Products referred to below] [together with [appliances] [and other] items supplied by You].  If You and We agree on the sum payable for fitting the Products [and on the items to be supplied by You to be fitted by Us], and if You then wish to proceed, the sum payable will have been set out by Us in a Quotation in writing. If it has then been signed by You and We have attached it to this Agreement and We and You have signed this Agreement, then, subject to Clause 4 below, We will be bound to provide the Fitting Services for that sum and You will be legally bound to pay for them.]

AND/OR

4. [We will provide the Supply Services as stated in Schedule 3 of the attached Terms and Conditions and those services will comprise the supply of the Products necessary to implement the Final Design and the supply of any associated or incidental items or materials reasonably required as part of or in connection with the fitting of the Products. If We and You agree on the Products and associated or incidental items or materials to be supplied by Us and the sum payable for that supply, and if You then wish to proceed, the Products and other items and the sum payable for supplying them will have been set out by Us in a Quotation in writing. If it has then been signed by You and We have attached it to this Agreement and We and You have signed this Agreement, then, subject to Clause 4 below, We will be bound to provide the Supply Services for that sum and You will be legally bound to pay for them.]
5. You and We may agree in writing to vary the details in the attachments referred to in this Clause 2 from time to time by signing a written note of the variation concerned.
6. Price and Payment

You will pay the sum of £<<Insert Sum>> for the [Design Services] OR [[Fitting][and][Supply] Services]. This sum may be broken down as follows:

1. [£<<Insert Sum>> for provision of the Design Services];

OR

2. [£<<Insert Sum>> for provision of the Fitting Services];

AND/OR 

[£<<Insert Sum>> for provision of the Supply Services (including the Price for the Products)].

3. [Our standard hourly rate for any additional work (where We carry out such work which the Terms and Conditions state is to be charged at an hourly rate) is £<<Insert Sum>>].
4. <<Insert full details of other sums due (if any) as detailed in the Quotation>>
5. Waiver of Cooling Off Period
   1. By signing this Agreement You request Us to commence provision of the Services immediately and not to wait for the 14-day cooling off period referred to in Clause 13 of the Terms and Conditions to expire. 
   2. You acknowledge that if You exercise the right to cancel You will be liable to pay Us for the Services provided up until the point at which You inform Us of Your wish to cancel, as set out in Clause 13 of the Terms and Conditions.
   3. You acknowledge that You will lose the right to cancel if the Services are fully performed within the 14 day cooling off period.

SIGNED for and on behalf of the Supplier by:

<<Name and Title of person signing for the Supplier>>

__________________________________________________
Authorised Signature

Date: ____________

SIGNED by the Customer:

<<Full Name of Customer>>

__________________________________________________
Signature

Date: ____________

SCHEDULE 5

MODEL CANCELLATION FORM

To: <<Supplier to insert Supplier’s Geographical Address and, where available, Email Address>>

I/We (delete as appropriate) hereby give notice that I/we (delete as appropriate) cancel my/our (delete as appropriate) contract for 

[Design Services] 

OR 

[Supply] AND/OR 

[Fitting] Services 

dated <<   >>.

Name of consumer(s): <<   >>

Address of consumer(s): <<   >>

Signature of consumer(s): <<   >>

Date: 

[SCHEDULE 6

Attach copy Privacy Notice

For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.

19. How We Use Your Personal Information (Data Protection)

We will only use Your personal data as set out in Our Privacy Notice available from https://www.plumbsuite.co.uk/privacy-notice/ and attached in Schedule 6.

20. Other Important Terms

1. We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business).  If this occurs We will inform You in writing.  Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them. 
2. You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld). 
3. The Agreement is between You and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement. 
4. If any provision of the Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provision in question will not be affected.
5. No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.
6. Regulations and Information
   1. We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before You have accepted the Quotation and We and You have signed the Agreement) except where that information is already apparent from the context of the transaction. We have included the information itself either in the Agreement or Quotation for You to see now, or We will make it available to You before We and You sign the Agreement. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
   2. As required by the Regulations:
      6850558. all of the information described in sub-Clause 21.1; and
      6850559. any other information which We give to You about any Services or Us or Our business which You take into account when deciding to sign the Agreement and accept a Quotation or when making any other decision about Services, will be part of the terms of our contract with You as a Consumer. 

22. Law and Jurisdiction
    1. These Terms and Conditions, the Contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
    2. As a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 22.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
    3. Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

SCHEDULE 1

DESIGN SERVICES – ADDITIONAL TERMS AND CONDITIONS

The following additional Terms and Conditions apply where We provide You with any Design Services (see Clause 7)

Initial Consultation

We will talk to You about Your requirements at an initial consultation. (If You wish to factor any critical aspect into the design of the Bathroom, You should identify this to Us at that consultation. If you have a preference for the position and/or style of your washbasin/s, toilet, bath, shower, bidet, airing cupboard, or any other items, You should also identify this to Us at the same time.) If You describe Your Bathroom space and/or give Us any rough measurements at that consultation, We will give You a general assessment of that space at the consultation. 

Surveys and Measurements and Information

EITHER

[Our Site survey and measurements of Your Bathroom

We will then carry out a site survey and take measurements of Your Bathroom but We will not carry out any structural survey or offer or provide opinions or advice structural or other building related matters. We will then give You a report of the survey and measurements. We will be responsible for the accuracy and completeness of that report except as follows. Where building or other works by Your builders / contractors are yet to be started or completed but You nevertheless require Us to carry out Our survey, take measurements, and provide a survey report before completion of those works, You agree that the following shall apply:

1. You will be responsible to ensure that your builders / contractors adhere to the measurements and other material features covered by Our survey report.
2. If We have correctly and accurately both carried out the survey and taken measurements of the Bathroom, and Your builders/contractors then complete their works but they have not adhered to the measurements and other material features covered by Our survey report, there might as a result be material differences between the finished Bathroom space and the details set out in Our survey report, in particular because walls / surfaces / floors / ceilings / doors/windows may have been unknown / not completed when We carried out the survey or took the measurements.
3. If there are any such material differences, You agree that You will bear any additional costs and expenses arising from them.
4. Those additional costs and expenses might include Our additional charges for altering the design of/redesigning the Bathroom and for any additional necessary Visits, or, where we provide Fitting and/or Supply Services and We order or supply materials or products which, due to the material differences, are of the wrong size, type, or number, those additional costs and expenses might include any additional price for Our supply of products, Our additional charges for altering, re-making or replacing those materials or products or other error rectification work, and Our additional charges for any additional necessary Visits.
5. All such additional charges shall be at Our standard hourly rate [of £<<Insert Figure>>] OR [stated in the Agreement].
6. If You do not wish to accept the risk of such material differences occurring or the costs and expenses arising from them, You must allow Us to defer carrying out Our site survey and taking measurements until after Your building and any other works are complete.]

OR

[No site survey or measurements of Your Bathroom by Us.

The Design Services will not include carrying out a site survey or taking measurements of Your Bathroom or carrying out any structural survey or offering or providing opinions or advice about structural or other building related matters. You therefore agree that the following shall apply:

1. In addition to giving Us measurements of the Bathroom, You must give Us all relevant information about the Bathroom, including details of room layout, location of doors, windows, any low ceilings, variation in floor level, any nibs or boxed-in pipework or other obstacles or features that may affect the area which might be covered by bathroom fittings or other items to be fitted.
2. Unless We agree otherwise, We [expect][require] all of the information and measurements to be shown on a two-dimensional drawn plan provided by You to the extent that it is practicable to provide information and measurements in the form of such a plan.
3. We will work exclusively from the information about and measurements of the Bathroom that You or Your appointed agent give Us.

• You will be solely responsible for the correctness of all such information and measurements.
• In providing the Design Services and any other Services, We will not check, and will not be responsible for checking, that information or those measurements and We will accept no liability for material errors in such information or measurements.
• Where such information or measurements is/are materially incorrect and as a result Our design is inappropriate for the Bathroom space in any material respect, or, where we provide Fitting and/or Supply Services, We order or supply materials or products whose size, type, or number is wrong as a result of Us using that materially incorrect information or measurements, You agree that You will bear any resulting additional costs and expenses.
• Those additional costs and expenses might include Our additional charges for altering the design of/redesigning the Bathroom, or, where we provide Fitting and/or Supply Services and We order or supply materials or products of the wrong size, type, or number, those additional costs and expenses might include any additional price for Our supply of products, Our additional charges for altering, re-making or replacing those materials or products or other error rectification work, and Our additional charges for any additional necessary Visits.
• All such additional charges shall be at Our standard hourly rate [of £<<Insert Figure>>] OR [stated in the Agreement].
• If You are having relevant building or other works carried out to the Bathroom and those works are only to be completed after You give Us information about or measurements of the Bathroom, there will be a risk that that information or measurements will be materially incorrect (in particular because walls / surfaces / floors / ceilings / doors / windows may be unknown / unfinished at that time so that You cannot compile accurate measurements or complete and accurate information). You should therefore instead defer giving Us that information or measurements until after all relevant building or other work is complete, and if You do not defer doing so, You accept the risk that You may incur additional costs and expenses as outlined above.]

Provisional Design

After We have the measurements of Your Bathroom [and given You a survey report], We will produce a Provisional Design in writing for the Bathroom and send it to you. [The Provisional Design may include alternative suggestions between which you may choose]. The Provisional Design will include the following elements:

1. Description and details of the Design 
2. Floor plan for the re-design of the room
3. Elevations
4. Lighting plan
5. List of types of parts required for the Design (bath, shower, washbasin/s, toilet, bidet, cabinets, appliances, hot water tank, immersion heater, parts etc.)
6. Photo-realistic 3D visuals
7. <<Insert further or other details>>. 

[The Provisional Design will also include an approximate budget for its implementation by Us but it will only be indicative because an exact budget cannot be produced until You have approved a Final Design and We have given You figures for a Quoted Price for the necessary Fitting and/or Supply Services. If You instead intend to engage any third party/ies to implement the Final Design (or an version of a Provisional Design), You should not treat the approximate budget as even indicative of possible costs of implementation.] 

The Provisional Design will only be Our interpretation of Your requirements based on initial information. It will be Our initial suggestion[s] for design of the Bathroom, and it is intended to form the basis for further discussion with You and to be subject to subsequent changes to meet Your requirements. The initial and any subsequent versions of Provisional Design will not be final or suitable for use for the purpose of providing any Fitting and/or Supply Services or for You to carry out (or arrange to carry out) any similar works. 

Final Design

Once You have considered the Provisional Design We will then develop it through further discussions with You and receipt of any further information or requirements from You. We may, as part of that process, provide You with further suggestions, information and/or materials. 

Only when We have confirmed in writing to You that a particular version of the Provisional Design that we have issued to You is final and You have also signed it to indicate Your approval of it, will it become the Final Design which can be implemented.

All versions of Our Provisional Design and all designs, illustrations, descriptions or other items contained in either any sales literature or other material or on our website are only intended to be for general illustrative purposes and We do not represent, warrant or undertake that the Final Design will include or match anything in any such items. 

When You to sign off a Provisional Design as the Final Design, it will supersede and replace all versions of Our Provisional Design and all information, materials and requirements which You or We have previously communicated to each other.  

Once You have signed-off a final Provisional Design as the Final Design, We will not be responsible if the Final Design does not fully and correctly reflect Your requirements. Therefore, if You are unsure of any aspect of the design, measurements or any technical or other aspect of the design contained in the final Provisional Design, You should raise any query with Us to enable Us to have an opportunity to clarify any Matter and/or amend that final Provisional Design if it is necessary to do so. When You sign the final Provisional Design, that will be Your approval of it and Your confirmation that it meets Your requirements. The Final Design as approved by You will form the basis of any Fitting and/or Supply Services that We provide to You. When You sign the Final Design that will be completion by Us of the Design Services.

Ownership of Rights

Any intellectual property rights in any and all parts of any draft or final Provisional Design, Final Design or any other items or information which We give to You in hard copy or electronic form at any time shall at all times remain Our exclusive property. You or someone on Your behalf may use any such items or information for the sole purpose of implementing Our design for Your Bathroom but You may not copy, reproduce or communicate to any third party any such item or information or use it for any other purpose without Our prior written consent.

SCHEDULE 2

FITTING SERVICES – ADDITIONAL TERMS AND CONDITIONS

The following additional Terms and Conditions apply where We provide You with any Fitting Services (see Clause 7)

General

If You order Fitting Services and We produce a final Provisional Design which You then approve as the Final Design by signing a copy of it, We will then carry out the Fitting Services provided that you comply with your obligations under the Terms and Conditions. 

If You (or a third party on Your behalf) produces a design for Your Bathroom, We will only provide Fitting Services for You based on it if We specifically agree in writing to do so. If You ask Us to implement any such design, You will need to provide Us with a detailed plan of it with Your Order and We will then confirm in Our discretion whether We are prepared to implement it. (We may decide that We are not able to do so or that Your plan lacks the necessary detail or is unsuitable.) If and when We are prepared to implement it, We will issue a Quotation for Fitting Services based on Your detailed plan and will treat it for the purposes of the Agreement as a Final Design (i.e. a design approved by You). 

We undertake that We will fit the Products which We supply to You, if any, together with items (whether appliances or other items) supplied by You, if any, which We have agreed are to be covered by the Fitting Services. 

We undertake that Our Fitting Services will fully and correctly implement the approved Final Design. 

All Products that We use in the Fitting Services will match the Final Design, but We do not represent, warrant or undertake that any such Products will match anything in any designs, illustrations, descriptions or other items contained in either any of Our sales literature or in other material or on our website. All of those designs illustrations, descriptions and other items are only intended to be for general illustrative purposes.

Scope of Our Fitting Services

We will do the following:

• assemble, fit, install and plumb in the bathroom Products that We supply (including bath, shower, shower tray and cubicle, washbasin, toilet, bidet, taps, cupboards, vanity units, shelves, kickboards, cover panels, hot tank, immersion heater, washing machine, tumble dryer).
• where You provide appliances (e.g. water heater, hot tank, immersion heater, washing machine, tumble dryer) which We have agreed to fit, We will complete basic appliance installation if electricity is already in place, but We are not responsible for the selection, supply, suitability, condition or performance of any [such appliances] [appliances that We do not supply as part of the Products].
• where You supply any other items which We have agreed to fit, We will fit them but We are not responsible for the selection, suitability, condition or performance of any such items.
• fit basins into vanity units etc., (including cutting-out of the unit).
• seal all joins and cut-outs. Unless We have specifically agreed otherwise in writing, We shall select the sealant colour on the basis of what we deem most suitable.
• <<Insert any further details>>

Delay

We may reasonably refuse to start work or We may suspend work where You do not comply with your obligations under the Terms and Conditions. You will be responsible for any delays (and the cost of any such delays) which arise as a result.

If it appears that any wall is incapable of holding any Product/s or other items that We are to fit, or any utility supply or connection is unsafe, faulty, flawed or inadequate or of poor quality, We may suspend work until You have had the necessary remedial works carried out.

Care of Property and Damage etc.

Contents at the Property other than in the Bathroom

We will take all reasonable steps to protect Your furniture, furnishings and wall and floor coverings in the Property (and that will include Our placing covers over them if and as reasonably practicable) but We cannot take responsibility for any damage which is caused to those items if We have taken such steps. We will not take responsibility for any damage occurring to any items that You leave in place after We begin work where We have previously advised You that they are at risk and/or an obstacle to our work and We have reasonably asked You to move them. 

Contents in the Bathroom 

We will not take responsibility for any damage occurring to any property that You leave in the Bathroom after We begin work in it. 

Damage to Bathroom

We will not be responsible for any damage that We cause to plastering, tiling, decoration, floor, ceiling, door or window in the Bathroom resulting from Our removal of existing fitted cupboards, shelves, vanity units, baths, showers, shower trays or cubicles, washbasins, toilets, bidets, hot tanks, immersion heaters, washing machines, tumble dryers, lighting, fixtures, fittings or decorations in the Bathroom except where it is due to Our negligence. Unless We have included under “Scope” above any work comprising plastering, painting, papering, tiling, decoration, or ceiling, flooring, window or door removal or installation or other work, We will not be responsible to carry out any such installation or work in the Bathroom.  

Other damage

We will make good at Our own expense any damage that We cause in the course of carrying out the Fitting Services to the plaster, floor, ceiling, walls, rendering or brickwork immediately surrounding any area of the Bathroom, but We do not undertake to replace specialised finishes, such as artex, or surrounding wallpaper or paintwork.

Cleaning and Redecorating 

You will be responsible for any cleaning and redecorating (but not removal of waste) which is necessary to the Bathroom after We have completed the Fitting Services.

Making good: general

Except as set out above:

1. We will ensure that the carrying out of the Fitting Services does not cause any damage to items at the Property, to the Property itself or to any items You provide for Us to fit; and
2. If it does cause any such damage We will make it good at Our own expense as soon as is reasonably possible.

Structural or other defects 

We do not accept any responsibility for any damage to the Bathroom or any other part of the Property resulting from structural or other defects in the Property. You must inform us of any structural defects or anomalies at the Property which might affect or be affected by the Fitting Services.

Security

We will, where necessary, provide temporary glazing and/or boarding to protect the interior of the Bathroom from the elements.  We will also advise You of any security risks associated with these temporary materials.

Waste

We will properly manage and arrange the safe and lawful disposal of all waste generated or removed from the Property that results from Our provision of Fitting Services. 

Your Additional Obligations and Responsibilities

You agree that, in addition to Your other obligations and responsibility under the Terms and Conditions, You:

• are responsible for ensuring before We begin any Fitting Services that, and You warrant that:
  • the Final Design complies with current building and council regulations, and that You have obtained consents in relation to these regulations, and agree that any costs incurred in obtaining these consents will be payable by You.
  • You have applied for and obtained any consents, licences or other permissions if any are needed from any third parties such as landlords, planning authorities, local authorities or similar. 
  • any appliance, accessory, component or other item supplied by You for Us to fit is suitable for use with the Products and other items that We provide. 
  • existing wiring, gas, water and waste pipe work within the Property is generally of a legal and good workman-like standard, 
  • You have located and advised Us of any hidden wiring or pipe work.
• must provide Us with all necessary technical details in writing of appliances and other items which You provide to Us to fit (including without limitation appliance dimensions) necessary for their proper and safe installation.
• must clear the Bathroom site of all property (other than items We are to fit) prior to Us commencing work. This includes any old freestanding bathroom cupboards or units except where We have specifically agreed to remove and clear these.
• allow us to store or keep in the Bathroom [or elsewhere in or at the Property] at times when we are not carrying out the Fitting Services:

• Our Products and materials that form part of the Supply Services; and
• the tools and other equipment needed for the Fitting Services

1. accept and agree that:

• once We have left any Products or materials at Your Property, they will be regarded as delivered to You and You will be responsible for them and will account to Us for any loss or damage to them except if We cause the loss or damage; and
• You will be responsible to take care reasonable care of the tools and other equipment and will account to Us for any loss or damage occurring to them due to Your negligence or that of any other occupant of or visitor to the Property.
• are responsible for ensuring that:

• We have access through the Property and to the Bathroom at the Agreed Times and that such access is and remains appropriate and adequate.
• We have a parking permit (for a visitor to the Property) which We can use throughout the time We are providing the Fitting Services if required or imposed by a local or other authority.
• We can access and use electrical power from electrical outlets (from normal 220/240 volt 3-pin sockets).
• We can access and use water from a supply of hot and cold running water.
• We can use your toilet and washing facilities.
• We have and can use such facilities at the Property as may be reasonably necessary for Us to carry out and complete the Fitting Services.
• You follow Our reasonable instructions relating to safety and the state of either Our work (whether it is work completed or in progress) or the Bathroom and adjacent areas of the Property in general, including directions and restrictions on appropriate usage, care and maintenance.
• You co-operate with Us generally as may be necessary to facilitate Our carrying out and completion of the Fitting Services

SCHEDULE 3

SUPPLY SERVICES – ADDITIONAL TERMS AND CONDITIONS

The following additional Terms and Conditions apply where We provide You with any Supply Services (see Clause 7)

Risk in the Products

The responsibility (sometimes referred to as the “risk”) for damage to or loss of any Product remains with Us until it has been physically delivered to Your Property at which point the risk will pass to You (even if Product is fitted later). 

Ownership and Retention of Ownership (“Title”) of Products

Until We have received payment in full in cash or cleared funds for any Product that We contract to supply to You, the legal and beneficial Title in that Product shall remain in Us (even if risk in that Product has passed to You). Upon payment for that Product, You will own it.

Our Right to Repossess Products Not Paid for by You

If We do not receive payment in cash or cleared funds of any properly issued invoice for any Product within the time which the Agreement permits You to pay it, We shall be entitled to repossess that Product without notice. If necessary, You must allow us to detach or remove that Product from any other Product/s or item/s in or forming part of the Bathroom. You hereby irrevocably authorise Us to enter Your Property for the purpose of exercising Our rights under this clause. This does not affect any other rights You may have.

SCHEDULE 4

SERVICES AGREEMENT

THIS AGREEMENT is made the       day of      

BETWEEN:

1. <<Name of Supplier>> [a company registered in <<Country of Registration>> under number <<Company Registration Number>> whose registered office is at] OR [of] <<Insert Address>> (“the Supplier” or “We” or “Us”) and

1. <<Name of Customer>> of <<Insert Address>> (“the Customer” or “You”))

BACKGROUND: 

1. The Supplier provides bathroom design and/or fitting and/or supply services to consumer clients and has reasonable skill, knowledge and expertise in that field.

1. The Customer wishes to engage the Supplier to provide the [design] OR [supply][and][fitting] services specified below (“the Services”).

2. The Supplier agrees to provide the Services to the Customer, subject to the attached Terms and Conditions and the terms of this Agreement.

IT IS AGREED as follows: 

1. The Agreement
   1. A legally binding contract between You and Us will be created when (and only when) the following have occurred:
      1. We have issued a signed Quotation to You in duplicate; and
      2. You have countersigned and return to Us one copy of it; and
      3. We have received any required Deposit; and 
      4. You and We have signed this Agreement.
   2. After that contract is created, We will attach a copy of the counter-signed copy of the Quotation to a copy of this Agreement signed by You and Us and We will provide You with that signed copy of the Agreement with the Quotation attached.
   3. This Agreement is subject to, and incorporates, the attached Terms and Conditions. 
   4. In this Agreement, words with initial capital letters have the same meaning as they have in the Terms and Conditions.
   5. We confirm and You acknowledge that on or before the date of this Agreement, We gave or made available to You the following information (save where such information is already apparent from the context of the transaction):
      1. The main characteristics of the Services; 
      2. Our identity and contact details; 
      3. The total amount payable for the Services including taxes or, if the total amount cannot be calculated in advance, the manner in which it will be calculated; 
      4. The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services;
      5. Our complaints handling policy;
      6. The duration of this Agreement, where applicable, or if this Agreement is of indeterminate duration or is to be extended automatically, the conditions for terminating it.
2. The Services
   1. We will:
      1. begin to provide the Services on the Start Date of <<Insert Date>>;
      2. aim to complete the Services by <<Insert Date>>;
      3. provide the Services during the Agreed Times of <<Insert Times>> or such other times as You and We may agree in writing;
      4. [provide the [Supply][and][Fitting] Services at the Property located at <<Insert Address>>] OR [provide the Design Services in relation to the Property located at <<Insert Address>>]  ;
      5. perform the Services in accordance with Clause 2.2.
   2. [We will provide the Design Services as stated in Schedule 1 of the attached Terms and Conditions. If, after We have held an initial consultation with You, You and We agree on the details of those services and on the sum payable for providing those services, and You then wish to proceed, those details and the sum payable will have been set out by Us in a Quotation in writing. If it has then been signed by You and We have attached it to this Agreement and We and You have signed this Agreement, then, subject to Clause 4 below, We will be bound to provide those services for that sum and You will be legally bound to pay for them.]

OR

3. [We will provide the Fitting Services as stated in Schedule 2 of the attached Terms and Conditions and those services will comprise the fitting of [those Products referred to below] [together with [appliances] [and other] items supplied by You].  If You and We agree on the sum payable for fitting the Products [and on the items to be supplied by You to be fitted by Us], and if You then wish to proceed, the sum payable will have been set out by Us in a Quotation in writing. If it has then been signed by You and We have attached it to this Agreement and We and You have signed this Agreement, then, subject to Clause 4 below, We will be bound to provide the Fitting Services for that sum and You will be legally bound to pay for them.]

AND/OR

4. [We will provide the Supply Services as stated in Schedule 3 of the attached Terms and Conditions and those services will comprise the supply of the Products necessary to implement the Final Design and the supply of any associated or incidental items or materials reasonably required as part of or in connection with the fitting of the Products. If We and You agree on the Products and associated or incidental items or materials to be supplied by Us and the sum payable for that supply, and if You then wish to proceed, the Products and other items and the sum payable for supplying them will have been set out by Us in a Quotation in writing. If it has then been signed by You and We have attached it to this Agreement and We and You have signed this Agreement, then, subject to Clause 4 below, We will be bound to provide the Supply Services for that sum and You will be legally bound to pay for them.]
5. You and We may agree in writing to vary the details in the attachments referred to in this Clause 2 from time to time by signing a written note of the variation concerned.
6. Price and Payment

You will pay the sum of £<<Insert Sum>> for the [Design Services] OR [[Fitting][and][Supply] Services]. This sum may be broken down as follows:

1. [£<<Insert Sum>> for provision of the Design Services];

OR

2. [£<<Insert Sum>> for provision of the Fitting Services];

AND/OR 

[£<<Insert Sum>> for provision of the Supply Services (including the Price for the Products)].

3. [Our standard hourly rate for any additional work (where We carry out such work which the Terms and Conditions state is to be charged at an hourly rate) is £<<Insert Sum>>].
4. <<Insert full details of other sums due (if any) as detailed in the Quotation>>
5. Waiver of Cooling Off Period
   1. By signing this Agreement You request Us to commence provision of the Services immediately and not to wait for the 14-day cooling off period referred to in Clause 13 of the Terms and Conditions to expire. 
   2. You acknowledge that if You exercise the right to cancel You will be liable to pay Us for the Services provided up until the point at which You inform Us of Your wish to cancel, as set out in Clause 13 of the Terms and Conditions.
   3. You acknowledge that You will lose the right to cancel if the Services are fully performed within the 14 day cooling off period.

SIGNED for and on behalf of the Supplier by:

<<Name and Title of person signing for the Supplier>>

__________________________________________________
Authorised Signature

Date: ____________

SIGNED by the Customer:

<<Full Name of Customer>>

__________________________________________________
Signature

Date: ____________

SCHEDULE 5

MODEL CANCELLATION FORM

To: <<Supplier to insert Supplier’s Geographical Address and, where available, Email Address>>

I/We (delete as appropriate) hereby give notice that I/we (delete as appropriate) cancel my/our (delete as appropriate) contract for 

[Design Services] 

OR 

[Supply] AND/OR 

[Fitting] Services 

dated <<   >>.

Name of consumer(s): <<   >>

Address of consumer(s): <<   >>

Signature of consumer(s): <<   >>

Date: 

[SCHEDULE 6

Attach copy Privacy Notice

For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.

19. How We Use Your Personal Information (Data Protection)

We will only use Your personal data as set out in Our Privacy Notice available from https://www.plumbsuite.co.uk/privacy-notice/ and attached in Schedule 6.

20. Other Important Terms

1. We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business).  If this occurs We will inform You in writing.  Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them. 
2. You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld). 
3. The Agreement is between You and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement. 
4. If any provision of the Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provision in question will not be affected.
5. No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.
6. Regulations and Information
   1. We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before You have accepted the Quotation and We and You have signed the Agreement) except where that information is already apparent from the context of the transaction. We have included the information itself either in the Agreement or Quotation for You to see now, or We will make it available to You before We and You sign the Agreement. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
   2. As required by the Regulations:
      6850558. all of the information described in sub-Clause 21.1; and
      6850559. any other information which We give to You about any Services or Us or Our business which You take into account when deciding to sign the Agreement and accept a Quotation or when making any other decision about Services, will be part of the terms of our contract with You as a Consumer. 

22. Law and Jurisdiction
    1. These Terms and Conditions, the Contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
    2. As a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 22.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
    3. Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

SCHEDULE 1

DESIGN SERVICES – ADDITIONAL TERMS AND CONDITIONS

The following additional Terms and Conditions apply where We provide You with any Design Services (see Clause 7)

Initial Consultation

We will talk to You about Your requirements at an initial consultation. (If You wish to factor any critical aspect into the design of the Bathroom, You should identify this to Us at that consultation. If you have a preference for the position and/or style of your washbasin/s, toilet, bath, shower, bidet, airing cupboard, or any other items, You should also identify this to Us at the same time.) If You describe Your Bathroom space and/or give Us any rough measurements at that consultation, We will give You a general assessment of that space at the consultation. 

Surveys and Measurements and Information

EITHER

[Our Site survey and measurements of Your Bathroom

We will then carry out a site survey and take measurements of Your Bathroom but We will not carry out any structural survey or offer or provide opinions or advice structural or other building related matters. We will then give You a report of the survey and measurements. We will be responsible for the accuracy and completeness of that report except as follows. Where building or other works by Your builders / contractors are yet to be started or completed but You nevertheless require Us to carry out Our survey, take measurements, and provide a survey report before completion of those works, You agree that the following shall apply:

1. You will be responsible to ensure that your builders / contractors adhere to the measurements and other material features covered by Our survey report.
2. If We have correctly and accurately both carried out the survey and taken measurements of the Bathroom, and Your builders/contractors then complete their works but they have not adhered to the measurements and other material features covered by Our survey report, there might as a result be material differences between the finished Bathroom space and the details set out in Our survey report, in particular because walls / surfaces / floors / ceilings / doors/windows may have been unknown / not completed when We carried out the survey or took the measurements.
3. If there are any such material differences, You agree that You will bear any additional costs and expenses arising from them.
4. Those additional costs and expenses might include Our additional charges for altering the design of/redesigning the Bathroom and for any additional necessary Visits, or, where we provide Fitting and/or Supply Services and We order or supply materials or products which, due to the material differences, are of the wrong size, type, or number, those additional costs and expenses might include any additional price for Our supply of products, Our additional charges for altering, re-making or replacing those materials or products or other error rectification work, and Our additional charges for any additional necessary Visits.
5. All such additional charges shall be at Our standard hourly rate [of £<<Insert Figure>>] OR [stated in the Agreement].
6. If You do not wish to accept the risk of such material differences occurring or the costs and expenses arising from them, You must allow Us to defer carrying out Our site survey and taking measurements until after Your building and any other works are complete.]

OR

[No site survey or measurements of Your Bathroom by Us.

The Design Services will not include carrying out a site survey or taking measurements of Your Bathroom or carrying out any structural survey or offering or providing opinions or advice about structural or other building related matters. You therefore agree that the following shall apply:

1. In addition to giving Us measurements of the Bathroom, You must give Us all relevant information about the Bathroom, including details of room layout, location of doors, windows, any low ceilings, variation in floor level, any nibs or boxed-in pipework or other obstacles or features that may affect the area which might be covered by bathroom fittings or other items to be fitted.
2. Unless We agree otherwise, We [expect][require] all of the information and measurements to be shown on a two-dimensional drawn plan provided by You to the extent that it is practicable to provide information and measurements in the form of such a plan.
3. We will work exclusively from the information about and measurements of the Bathroom that You or Your appointed agent give Us.

• You will be solely responsible for the correctness of all such information and measurements.
• In providing the Design Services and any other Services, We will not check, and will not be responsible for checking, that information or those measurements and We will accept no liability for material errors in such information or measurements.
• Where such information or measurements is/are materially incorrect and as a result Our design is inappropriate for the Bathroom space in any material respect, or, where we provide Fitting and/or Supply Services, We order or supply materials or products whose size, type, or number is wrong as a result of Us using that materially incorrect information or measurements, You agree that You will bear any resulting additional costs and expenses.
• Those additional costs and expenses might include Our additional charges for altering the design of/redesigning the Bathroom, or, where we provide Fitting and/or Supply Services and We order or supply materials or products of the wrong size, type, or number, those additional costs and expenses might include any additional price for Our supply of products, Our additional charges for altering, re-making or replacing those materials or products or other error rectification work, and Our additional charges for any additional necessary Visits.
• All such additional charges shall be at Our standard hourly rate [of £<<Insert Figure>>] OR [stated in the Agreement].
• If You are having relevant building or other works carried out to the Bathroom and those works are only to be completed after You give Us information about or measurements of the Bathroom, there will be a risk that that information or measurements will be materially incorrect (in particular because walls / surfaces / floors / ceilings / doors / windows may be unknown / unfinished at that time so that You cannot compile accurate measurements or complete and accurate information). You should therefore instead defer giving Us that information or measurements until after all relevant building or other work is complete, and if You do not defer doing so, You accept the risk that You may incur additional costs and expenses as outlined above.]

Provisional Design

After We have the measurements of Your Bathroom [and given You a survey report], We will produce a Provisional Design in writing for the Bathroom and send it to you. [The Provisional Design may include alternative suggestions between which you may choose]. The Provisional Design will include the following elements:

1. Description and details of the Design 
2. Floor plan for the re-design of the room
3. Elevations
4. Lighting plan
5. List of types of parts required for the Design (bath, shower, washbasin/s, toilet, bidet, cabinets, appliances, hot water tank, immersion heater, parts etc.)
6. Photo-realistic 3D visuals
7. <<Insert further or other details>>. 

[The Provisional Design will also include an approximate budget for its implementation by Us but it will only be indicative because an exact budget cannot be produced until You have approved a Final Design and We have given You figures for a Quoted Price for the necessary Fitting and/or Supply Services. If You instead intend to engage any third party/ies to implement the Final Design (or an version of a Provisional Design), You should not treat the approximate budget as even indicative of possible costs of implementation.] 

The Provisional Design will only be Our interpretation of Your requirements based on initial information. It will be Our initial suggestion[s] for design of the Bathroom, and it is intended to form the basis for further discussion with You and to be subject to subsequent changes to meet Your requirements. The initial and any subsequent versions of Provisional Design will not be final or suitable for use for the purpose of providing any Fitting and/or Supply Services or for You to carry out (or arrange to carry out) any similar works. 

Final Design

Once You have considered the Provisional Design We will then develop it through further discussions with You and receipt of any further information or requirements from You. We may, as part of that process, provide You with further suggestions, information and/or materials. 

Only when We have confirmed in writing to You that a particular version of the Provisional Design that we have issued to You is final and You have also signed it to indicate Your approval of it, will it become the Final Design which can be implemented.

All versions of Our Provisional Design and all designs, illustrations, descriptions or other items contained in either any sales literature or other material or on our website are only intended to be for general illustrative purposes and We do not represent, warrant or undertake that the Final Design will include or match anything in any such items. 

When You to sign off a Provisional Design as the Final Design, it will supersede and replace all versions of Our Provisional Design and all information, materials and requirements which You or We have previously communicated to each other.  

Once You have signed-off a final Provisional Design as the Final Design, We will not be responsible if the Final Design does not fully and correctly reflect Your requirements. Therefore, if You are unsure of any aspect of the design, measurements or any technical or other aspect of the design contained in the final Provisional Design, You should raise any query with Us to enable Us to have an opportunity to clarify any Matter and/or amend that final Provisional Design if it is necessary to do so. When You sign the final Provisional Design, that will be Your approval of it and Your confirmation that it meets Your requirements. The Final Design as approved by You will form the basis of any Fitting and/or Supply Services that We provide to You. When You sign the Final Design that will be completion by Us of the Design Services.

Ownership of Rights

Any intellectual property rights in any and all parts of any draft or final Provisional Design, Final Design or any other items or information which We give to You in hard copy or electronic form at any time shall at all times remain Our exclusive property. You or someone on Your behalf may use any such items or information for the sole purpose of implementing Our design for Your Bathroom but You may not copy, reproduce or communicate to any third party any such item or information or use it for any other purpose without Our prior written consent.

SCHEDULE 2

FITTING SERVICES – ADDITIONAL TERMS AND CONDITIONS

The following additional Terms and Conditions apply where We provide You with any Fitting Services (see Clause 7)

General

If You order Fitting Services and We produce a final Provisional Design which You then approve as the Final Design by signing a copy of it, We will then carry out the Fitting Services provided that you comply with your obligations under the Terms and Conditions. 

If You (or a third party on Your behalf) produces a design for Your Bathroom, We will only provide Fitting Services for You based on it if We specifically agree in writing to do so. If You ask Us to implement any such design, You will need to provide Us with a detailed plan of it with Your Order and We will then confirm in Our discretion whether We are prepared to implement it. (We may decide that We are not able to do so or that Your plan lacks the necessary detail or is unsuitable.) If and when We are prepared to implement it, We will issue a Quotation for Fitting Services based on Your detailed plan and will treat it for the purposes of the Agreement as a Final Design (i.e. a design approved by You). 

We undertake that We will fit the Products which We supply to You, if any, together with items (whether appliances or other items) supplied by You, if any, which We have agreed are to be covered by the Fitting Services. 

We undertake that Our Fitting Services will fully and correctly implement the approved Final Design. 

All Products that We use in the Fitting Services will match the Final Design, but We do not represent, warrant or undertake that any such Products will match anything in any designs, illustrations, descriptions or other items contained in either any of Our sales literature or in other material or on our website. All of those designs illustrations, descriptions and other items are only intended to be for general illustrative purposes.

Scope of Our Fitting Services

We will do the following:

• assemble, fit, install and plumb in the bathroom Products that We supply (including bath, shower, shower tray and cubicle, washbasin, toilet, bidet, taps, cupboards, vanity units, shelves, kickboards, cover panels, hot tank, immersion heater, washing machine, tumble dryer).
• where You provide appliances (e.g. water heater, hot tank, immersion heater, washing machine, tumble dryer) which We have agreed to fit, We will complete basic appliance installation if electricity is already in place, but We are not responsible for the selection, supply, suitability, condition or performance of any [such appliances] [appliances that We do not supply as part of the Products].
• where You supply any other items which We have agreed to fit, We will fit them but We are not responsible for the selection, suitability, condition or performance of any such items.
• fit basins into vanity units etc., (including cutting-out of the unit).
• seal all joins and cut-outs. Unless We have specifically agreed otherwise in writing, We shall select the sealant colour on the basis of what we deem most suitable.
• <<Insert any further details>>

Delay

We may reasonably refuse to start work or We may suspend work where You do not comply with your obligations under the Terms and Conditions. You will be responsible for any delays (and the cost of any such delays) which arise as a result.

If it appears that any wall is incapable of holding any Product/s or other items that We are to fit, or any utility supply or connection is unsafe, faulty, flawed or inadequate or of poor quality, We may suspend work until You have had the necessary remedial works carried out.

Care of Property and Damage etc.

Contents at the Property other than in the Bathroom

We will take all reasonable steps to protect Your furniture, furnishings and wall and floor coverings in the Property (and that will include Our placing covers over them if and as reasonably practicable) but We cannot take responsibility for any damage which is caused to those items if We have taken such steps. We will not take responsibility for any damage occurring to any items that You leave in place after We begin work where We have previously advised You that they are at risk and/or an obstacle to our work and We have reasonably asked You to move them. 

Contents in the Bathroom 

We will not take responsibility for any damage occurring to any property that You leave in the Bathroom after We begin work in it. 

Damage to Bathroom

We will not be responsible for any damage that We cause to plastering, tiling, decoration, floor, ceiling, door or window in the Bathroom resulting from Our removal of existing fitted cupboards, shelves, vanity units, baths, showers, shower trays or cubicles, washbasins, toilets, bidets, hot tanks, immersion heaters, washing machines, tumble dryers, lighting, fixtures, fittings or decorations in the Bathroom except where it is due to Our negligence. Unless We have included under “Scope” above any work comprising plastering, painting, papering, tiling, decoration, or ceiling, flooring, window or door removal or installation or other work, We will not be responsible to carry out any such installation or work in the Bathroom.  

Other damage

We will make good at Our own expense any damage that We cause in the course of carrying out the Fitting Services to the plaster, floor, ceiling, walls, rendering or brickwork immediately surrounding any area of the Bathroom, but We do not undertake to replace specialised finishes, such as artex, or surrounding wallpaper or paintwork.

Cleaning and Redecorating 

You will be responsible for any cleaning and redecorating (but not removal of waste) which is necessary to the Bathroom after We have completed the Fitting Services.

Making good: general

Except as set out above:

1. We will ensure that the carrying out of the Fitting Services does not cause any damage to items at the Property, to the Property itself or to any items You provide for Us to fit; and
2. If it does cause any such damage We will make it good at Our own expense as soon as is reasonably possible.

Structural or other defects 

We do not accept any responsibility for any damage to the Bathroom or any other part of the Property resulting from structural or other defects in the Property. You must inform us of any structural defects or anomalies at the Property which might affect or be affected by the Fitting Services.

Security

We will, where necessary, provide temporary glazing and/or boarding to protect the interior of the Bathroom from the elements.  We will also advise You of any security risks associated with these temporary materials.

Waste

We will properly manage and arrange the safe and lawful disposal of all waste generated or removed from the Property that results from Our provision of Fitting Services. 

Your Additional Obligations and Responsibilities

You agree that, in addition to Your other obligations and responsibility under the Terms and Conditions, You:

• are responsible for ensuring before We begin any Fitting Services that, and You warrant that:
  • the Final Design complies with current building and council regulations, and that You have obtained consents in relation to these regulations, and agree that any costs incurred in obtaining these consents will be payable by You.
  • You have applied for and obtained any consents, licences or other permissions if any are needed from any third parties such as landlords, planning authorities, local authorities or similar. 
  • any appliance, accessory, component or other item supplied by You for Us to fit is suitable for use with the Products and other items that We provide. 
  • existing wiring, gas, water and waste pipe work within the Property is generally of a legal and good workman-like standard, 
  • You have located and advised Us of any hidden wiring or pipe work.
• must provide Us with all necessary technical details in writing of appliances and other items which You provide to Us to fit (including without limitation appliance dimensions) necessary for their proper and safe installation.
• must clear the Bathroom site of all property (other than items We are to fit) prior to Us commencing work. This includes any old freestanding bathroom cupboards or units except where We have specifically agreed to remove and clear these.
• allow us to store or keep in the Bathroom [or elsewhere in or at the Property] at times when we are not carrying out the Fitting Services:

• Our Products and materials that form part of the Supply Services; and
• the tools and other equipment needed for the Fitting Services

1. accept and agree that:

• once We have left any Products or materials at Your Property, they will be regarded as delivered to You and You will be responsible for them and will account to Us for any loss or damage to them except if We cause the loss or damage; and
• You will be responsible to take care reasonable care of the tools and other equipment and will account to Us for any loss or damage occurring to them due to Your negligence or that of any other occupant of or visitor to the Property.
• are responsible for ensuring that:

• We have access through the Property and to the Bathroom at the Agreed Times and that such access is and remains appropriate and adequate.
• We have a parking permit (for a visitor to the Property) which We can use throughout the time We are providing the Fitting Services if required or imposed by a local or other authority.
• We can access and use electrical power from electrical outlets (from normal 220/240 volt 3-pin sockets).
• We can access and use water from a supply of hot and cold running water.
• We can use your toilet and washing facilities.
• We have and can use such facilities at the Property as may be reasonably necessary for Us to carry out and complete the Fitting Services.
• You follow Our reasonable instructions relating to safety and the state of either Our work (whether it is work completed or in progress) or the Bathroom and adjacent areas of the Property in general, including directions and restrictions on appropriate usage, care and maintenance.
• You co-operate with Us generally as may be necessary to facilitate Our carrying out and completion of the Fitting Services

SCHEDULE 3

SUPPLY SERVICES – ADDITIONAL TERMS AND CONDITIONS

The following additional Terms and Conditions apply where We provide You with any Supply Services (see Clause 7)

Risk in the Products

The responsibility (sometimes referred to as the “risk”) for damage to or loss of any Product remains with Us until it has been physically delivered to Your Property at which point the risk will pass to You (even if Product is fitted later). 

Ownership and Retention of Ownership (“Title”) of Products

Until We have received payment in full in cash or cleared funds for any Product that We contract to supply to You, the legal and beneficial Title in that Product shall remain in Us (even if risk in that Product has passed to You). Upon payment for that Product, You will own it.

Our Right to Repossess Products Not Paid for by You

If We do not receive payment in cash or cleared funds of any properly issued invoice for any Product within the time which the Agreement permits You to pay it, We shall be entitled to repossess that Product without notice. If necessary, You must allow us to detach or remove that Product from any other Product/s or item/s in or forming part of the Bathroom. You hereby irrevocably authorise Us to enter Your Property for the purpose of exercising Our rights under this clause. This does not affect any other rights You may have.

SCHEDULE 4

SERVICES AGREEMENT

THIS AGREEMENT is made the       day of      

BETWEEN:

1. <<Name of Supplier>> [a company registered in <<Country of Registration>> under number <<Company Registration Number>> whose registered office is at] OR [of] <<Insert Address>> (“the Supplier” or “We” or “Us”) and

1. <<Name of Customer>> of <<Insert Address>> (“the Customer” or “You”))

BACKGROUND: 

1. The Supplier provides bathroom design and/or fitting and/or supply services to consumer clients and has reasonable skill, knowledge and expertise in that field.

1. The Customer wishes to engage the Supplier to provide the [design] OR [supply][and][fitting] services specified below (“the Services”).

2. The Supplier agrees to provide the Services to the Customer, subject to the attached Terms and Conditions and the terms of this Agreement.

IT IS AGREED as follows: 

1. The Agreement
   1. A legally binding contract between You and Us will be created when (and only when) the following have occurred:
      1. We have issued a signed Quotation to You in duplicate; and
      2. You have countersigned and return to Us one copy of it; and
      3. We have received any required Deposit; and 
      4. You and We have signed this Agreement.
   2. After that contract is created, We will attach a copy of the counter-signed copy of the Quotation to a copy of this Agreement signed by You and Us and We will provide You with that signed copy of the Agreement with the Quotation attached.
   3. This Agreement is subject to, and incorporates, the attached Terms and Conditions. 
   4. In this Agreement, words with initial capital letters have the same meaning as they have in the Terms and Conditions.
   5. We confirm and You acknowledge that on or before the date of this Agreement, We gave or made available to You the following information (save where such information is already apparent from the context of the transaction):
      1. The main characteristics of the Services; 
      2. Our identity and contact details; 
      3. The total amount payable for the Services including taxes or, if the total amount cannot be calculated in advance, the manner in which it will be calculated; 
      4. The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services;
      5. Our complaints handling policy;
      6. The duration of this Agreement, where applicable, or if this Agreement is of indeterminate duration or is to be extended automatically, the conditions for terminating it.
2. The Services
   1. We will:
      1. begin to provide the Services on the Start Date of <<Insert Date>>;
      2. aim to complete the Services by <<Insert Date>>;
      3. provide the Services during the Agreed Times of <<Insert Times>> or such other times as You and We may agree in writing;
      4. [provide the [Supply][and][Fitting] Services at the Property located at <<Insert Address>>] OR [provide the Design Services in relation to the Property located at <<Insert Address>>]  ;
      5. perform the Services in accordance with Clause 2.2.
   2. [We will provide the Design Services as stated in Schedule 1 of the attached Terms and Conditions. If, after We have held an initial consultation with You, You and We agree on the details of those services and on the sum payable for providing those services, and You then wish to proceed, those details and the sum payable will have been set out by Us in a Quotation in writing. If it has then been signed by You and We have attached it to this Agreement and We and You have signed this Agreement, then, subject to Clause 4 below, We will be bound to provide those services for that sum and You will be legally bound to pay for them.]

OR

3. [We will provide the Fitting Services as stated in Schedule 2 of the attached Terms and Conditions and those services will comprise the fitting of [those Products referred to below] [together with [appliances] [and other] items supplied by You].  If You and We agree on the sum payable for fitting the Products [and on the items to be supplied by You to be fitted by Us], and if You then wish to proceed, the sum payable will have been set out by Us in a Quotation in writing. If it has then been signed by You and We have attached it to this Agreement and We and You have signed this Agreement, then, subject to Clause 4 below, We will be bound to provide the Fitting Services for that sum and You will be legally bound to pay for them.]

AND/OR

4. [We will provide the Supply Services as stated in Schedule 3 of the attached Terms and Conditions and those services will comprise the supply of the Products necessary to implement the Final Design and the supply of any associated or incidental items or materials reasonably required as part of or in connection with the fitting of the Products. If We and You agree on the Products and associated or incidental items or materials to be supplied by Us and the sum payable for that supply, and if You then wish to proceed, the Products and other items and the sum payable for supplying them will have been set out by Us in a Quotation in writing. If it has then been signed by You and We have attached it to this Agreement and We and You have signed this Agreement, then, subject to Clause 4 below, We will be bound to provide the Supply Services for that sum and You will be legally bound to pay for them.]
5. You and We may agree in writing to vary the details in the attachments referred to in this Clause 2 from time to time by signing a written note of the variation concerned.
6. Price and Payment

You will pay the sum of £<<Insert Sum>> for the [Design Services] OR [[Fitting][and][Supply] Services]. This sum may be broken down as follows:

1. [£<<Insert Sum>> for provision of the Design Services];

OR

2. [£<<Insert Sum>> for provision of the Fitting Services];

AND/OR 

[£<<Insert Sum>> for provision of the Supply Services (including the Price for the Products)].

3. [Our standard hourly rate for any additional work (where We carry out such work which the Terms and Conditions state is to be charged at an hourly rate) is £<<Insert Sum>>].
4. <<Insert full details of other sums due (if any) as detailed in the Quotation>>
5. Waiver of Cooling Off Period
   1. By signing this Agreement You request Us to commence provision of the Services immediately and not to wait for the 14-day cooling off period referred to in Clause 13 of the Terms and Conditions to expire. 
   2. You acknowledge that if You exercise the right to cancel You will be liable to pay Us for the Services provided up until the point at which You inform Us of Your wish to cancel, as set out in Clause 13 of the Terms and Conditions.
   3. You acknowledge that You will lose the right to cancel if the Services are fully performed within the 14 day cooling off period.

SIGNED for and on behalf of the Supplier by:

<<Name and Title of person signing for the Supplier>>

__________________________________________________
Authorised Signature

Date: ____________

SIGNED by the Customer:

<<Full Name of Customer>>

__________________________________________________
Signature

Date: ____________

SCHEDULE 5

MODEL CANCELLATION FORM

To: <<Supplier to insert Supplier’s Geographical Address and, where available, Email Address>>

I/We (delete as appropriate) hereby give notice that I/we (delete as appropriate) cancel my/our (delete as appropriate) contract for 

[Design Services] 

OR 

[Supply] AND/OR 

[Fitting] Services 

dated <<   >>.

Name of consumer(s): <<   >>

Address of consumer(s): <<   >>

Signature of consumer(s): <<   >>

Date: 

[SCHEDULE 6

Attach copy Privacy Notice

For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.

19. How We Use Your Personal Information (Data Protection)

We will only use Your personal data as set out in Our Privacy Notice available from https://www.plumbsuite.co.uk/privacy-notice/ and attached in Schedule 6.

20. Other Important Terms

1. We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business).  If this occurs We will inform You in writing.  Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them. 
2. You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld). 
3. The Agreement is between You and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement. 
4. If any provision of the Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provision in question will not be affected.
5. No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.
6. Regulations and Information
   1. We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before You have accepted the Quotation and We and You have signed the Agreement) except where that information is already apparent from the context of the transaction. We have included the information itself either in the Agreement or Quotation for You to see now, or We will make it available to You before We and You sign the Agreement. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
   2. As required by the Regulations:
      6850558. all of the information described in sub-Clause 21.1; and
      6850559. any other information which We give to You about any Services or Us or Our business which You take into account when deciding to sign the Agreement and accept a Quotation or when making any other decision about Services, will be part of the terms of our contract with You as a Consumer. 

22. Law and Jurisdiction
    1. These Terms and Conditions, the Contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
    2. As a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 22.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
    3. Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

SCHEDULE 1

DESIGN SERVICES – ADDITIONAL TERMS AND CONDITIONS

The following additional Terms and Conditions apply where We provide You with any Design Services (see Clause 7)

Initial Consultation

We will talk to You about Your requirements at an initial consultation. (If You wish to factor any critical aspect into the design of the Bathroom, You should identify this to Us at that consultation. If you have a preference for the position and/or style of your washbasin/s, toilet, bath, shower, bidet, airing cupboard, or any other items, You should also identify this to Us at the same time.) If You describe Your Bathroom space and/or give Us any rough measurements at that consultation, We will give You a general assessment of that space at the consultation. 

Surveys and Measurements and Information

EITHER

[Our Site survey and measurements of Your Bathroom

We will then carry out a site survey and take measurements of Your Bathroom but We will not carry out any structural survey or offer or provide opinions or advice structural or other building related matters. We will then give You a report of the survey and measurements. We will be responsible for the accuracy and completeness of that report except as follows. Where building or other works by Your builders / contractors are yet to be started or completed but You nevertheless require Us to carry out Our survey, take measurements, and provide a survey report before completion of those works, You agree that the following shall apply:

1. You will be responsible to ensure that your builders / contractors adhere to the measurements and other material features covered by Our survey report.
2. If We have correctly and accurately both carried out the survey and taken measurements of the Bathroom, and Your builders/contractors then complete their works but they have not adhered to the measurements and other material features covered by Our survey report, there might as a result be material differences between the finished Bathroom space and the details set out in Our survey report, in particular because walls / surfaces / floors / ceilings / doors/windows may have been unknown / not completed when We carried out the survey or took the measurements.
3. If there are any such material differences, You agree that You will bear any additional costs and expenses arising from them.
4. Those additional costs and expenses might include Our additional charges for altering the design of/redesigning the Bathroom and for any additional necessary Visits, or, where we provide Fitting and/or Supply Services and We order or supply materials or products which, due to the material differences, are of the wrong size, type, or number, those additional costs and expenses might include any additional price for Our supply of products, Our additional charges for altering, re-making or replacing those materials or products or other error rectification work, and Our additional charges for any additional necessary Visits.
5. All such additional charges shall be at Our standard hourly rate [of £<<Insert Figure>>] OR [stated in the Agreement].
6. If You do not wish to accept the risk of such material differences occurring or the costs and expenses arising from them, You must allow Us to defer carrying out Our site survey and taking measurements until after Your building and any other works are complete.]

OR

[No site survey or measurements of Your Bathroom by Us.

The Design Services will not include carrying out a site survey or taking measurements of Your Bathroom or carrying out any structural survey or offering or providing opinions or advice about structural or other building related matters. You therefore agree that the following shall apply:

1. In addition to giving Us measurements of the Bathroom, You must give Us all relevant information about the Bathroom, including details of room layout, location of doors, windows, any low ceilings, variation in floor level, any nibs or boxed-in pipework or other obstacles or features that may affect the area which might be covered by bathroom fittings or other items to be fitted.
2. Unless We agree otherwise, We [expect][require] all of the information and measurements to be shown on a two-dimensional drawn plan provided by You to the extent that it is practicable to provide information and measurements in the form of such a plan.
3. We will work exclusively from the information about and measurements of the Bathroom that You or Your appointed agent give Us.

• You will be solely responsible for the correctness of all such information and measurements.
• In providing the Design Services and any other Services, We will not check, and will not be responsible for checking, that information or those measurements and We will accept no liability for material errors in such information or measurements.
• Where such information or measurements is/are materially incorrect and as a result Our design is inappropriate for the Bathroom space in any material respect, or, where we provide Fitting and/or Supply Services, We order or supply materials or products whose size, type, or number is wrong as a result of Us using that materially incorrect information or measurements, You agree that You will bear any resulting additional costs and expenses.
• Those additional costs and expenses might include Our additional charges for altering the design of/redesigning the Bathroom, or, where we provide Fitting and/or Supply Services and We order or supply materials or products of the wrong size, type, or number, those additional costs and expenses might include any additional price for Our supply of products, Our additional charges for altering, re-making or replacing those materials or products or other error rectification work, and Our additional charges for any additional necessary Visits.
• All such additional charges shall be at Our standard hourly rate [of £<<Insert Figure>>] OR [stated in the Agreement].
• If You are having relevant building or other works carried out to the Bathroom and those works are only to be completed after You give Us information about or measurements of the Bathroom, there will be a risk that that information or measurements will be materially incorrect (in particular because walls / surfaces / floors / ceilings / doors / windows may be unknown / unfinished at that time so that You cannot compile accurate measurements or complete and accurate information). You should therefore instead defer giving Us that information or measurements until after all relevant building or other work is complete, and if You do not defer doing so, You accept the risk that You may incur additional costs and expenses as outlined above.]

Provisional Design

After We have the measurements of Your Bathroom [and given You a survey report], We will produce a Provisional Design in writing for the Bathroom and send it to you. [The Provisional Design may include alternative suggestions between which you may choose]. The Provisional Design will include the following elements:

1. Description and details of the Design 
2. Floor plan for the re-design of the room
3. Elevations
4. Lighting plan
5. List of types of parts required for the Design (bath, shower, washbasin/s, toilet, bidet, cabinets, appliances, hot water tank, immersion heater, parts etc.)
6. Photo-realistic 3D visuals
7. <<Insert further or other details>>. 

[The Provisional Design will also include an approximate budget for its implementation by Us but it will only be indicative because an exact budget cannot be produced until You have approved a Final Design and We have given You figures for a Quoted Price for the necessary Fitting and/or Supply Services. If You instead intend to engage any third party/ies to implement the Final Design (or an version of a Provisional Design), You should not treat the approximate budget as even indicative of possible costs of implementation.] 

The Provisional Design will only be Our interpretation of Your requirements based on initial information. It will be Our initial suggestion[s] for design of the Bathroom, and it is intended to form the basis for further discussion with You and to be subject to subsequent changes to meet Your requirements. The initial and any subsequent versions of Provisional Design will not be final or suitable for use for the purpose of providing any Fitting and/or Supply Services or for You to carry out (or arrange to carry out) any similar works. 

Final Design

Once You have considered the Provisional Design We will then develop it through further discussions with You and receipt of any further information or requirements from You. We may, as part of that process, provide You with further suggestions, information and/or materials. 

Only when We have confirmed in writing to You that a particular version of the Provisional Design that we have issued to You is final and You have also signed it to indicate Your approval of it, will it become the Final Design which can be implemented.

All versions of Our Provisional Design and all designs, illustrations, descriptions or other items contained in either any sales literature or other material or on our website are only intended to be for general illustrative purposes and We do not represent, warrant or undertake that the Final Design will include or match anything in any such items. 

When You to sign off a Provisional Design as the Final Design, it will supersede and replace all versions of Our Provisional Design and all information, materials and requirements which You or We have previously communicated to each other.  

Once You have signed-off a final Provisional Design as the Final Design, We will not be responsible if the Final Design does not fully and correctly reflect Your requirements. Therefore, if You are unsure of any aspect of the design, measurements or any technical or other aspect of the design contained in the final Provisional Design, You should raise any query with Us to enable Us to have an opportunity to clarify any Matter and/or amend that final Provisional Design if it is necessary to do so. When You sign the final Provisional Design, that will be Your approval of it and Your confirmation that it meets Your requirements. The Final Design as approved by You will form the basis of any Fitting and/or Supply Services that We provide to You. When You sign the Final Design that will be completion by Us of the Design Services.

Ownership of Rights

Any intellectual property rights in any and all parts of any draft or final Provisional Design, Final Design or any other items or information which We give to You in hard copy or electronic form at any time shall at all times remain Our exclusive property. You or someone on Your behalf may use any such items or information for the sole purpose of implementing Our design for Your Bathroom but You may not copy, reproduce or communicate to any third party any such item or information or use it for any other purpose without Our prior written consent.

SCHEDULE 2

FITTING SERVICES – ADDITIONAL TERMS AND CONDITIONS

The following additional Terms and Conditions apply where We provide You with any Fitting Services (see Clause 7)

General

If You order Fitting Services and We produce a final Provisional Design which You then approve as the Final Design by signing a copy of it, We will then carry out the Fitting Services provided that you comply with your obligations under the Terms and Conditions. 

If You (or a third party on Your behalf) produces a design for Your Bathroom, We will only provide Fitting Services for You based on it if We specifically agree in writing to do so. If You ask Us to implement any such design, You will need to provide Us with a detailed plan of it with Your Order and We will then confirm in Our discretion whether We are prepared to implement it. (We may decide that We are not able to do so or that Your plan lacks the necessary detail or is unsuitable.) If and when We are prepared to implement it, We will issue a Quotation for Fitting Services based on Your detailed plan and will treat it for the purposes of the Agreement as a Final Design (i.e. a design approved by You). 

We undertake that We will fit the Products which We supply to You, if any, together with items (whether appliances or other items) supplied by You, if any, which We have agreed are to be covered by the Fitting Services. 

We undertake that Our Fitting Services will fully and correctly implement the approved Final Design. 

All Products that We use in the Fitting Services will match the Final Design, but We do not represent, warrant or undertake that any such Products will match anything in any designs, illustrations, descriptions or other items contained in either any of Our sales literature or in other material or on our website. All of those designs illustrations, descriptions and other items are only intended to be for general illustrative purposes.

Scope of Our Fitting Services

We will do the following:

• assemble, fit, install and plumb in the bathroom Products that We supply (including bath, shower, shower tray and cubicle, washbasin, toilet, bidet, taps, cupboards, vanity units, shelves, kickboards, cover panels, hot tank, immersion heater, washing machine, tumble dryer).
• where You provide appliances (e.g. water heater, hot tank, immersion heater, washing machine, tumble dryer) which We have agreed to fit, We will complete basic appliance installation if electricity is already in place, but We are not responsible for the selection, supply, suitability, condition or performance of any [such appliances] [appliances that We do not supply as part of the Products].
• where You supply any other items which We have agreed to fit, We will fit them but We are not responsible for the selection, suitability, condition or performance of any such items.
• fit basins into vanity units etc., (including cutting-out of the unit).
• seal all joins and cut-outs. Unless We have specifically agreed otherwise in writing, We shall select the sealant colour on the basis of what we deem most suitable.
• <<Insert any further details>>

Delay

We may reasonably refuse to start work or We may suspend work where You do not comply with your obligations under the Terms and Conditions. You will be responsible for any delays (and the cost of any such delays) which arise as a result.

If it appears that any wall is incapable of holding any Product/s or other items that We are to fit, or any utility supply or connection is unsafe, faulty, flawed or inadequate or of poor quality, We may suspend work until You have had the necessary remedial works carried out.

Care of Property and Damage etc.

Contents at the Property other than in the Bathroom

We will take all reasonable steps to protect Your furniture, furnishings and wall and floor coverings in the Property (and that will include Our placing covers over them if and as reasonably practicable) but We cannot take responsibility for any damage which is caused to those items if We have taken such steps. We will not take responsibility for any damage occurring to any items that You leave in place after We begin work where We have previously advised You that they are at risk and/or an obstacle to our work and We have reasonably asked You to move them. 

Contents in the Bathroom 

We will not take responsibility for any damage occurring to any property that You leave in the Bathroom after We begin work in it. 

Damage to Bathroom

We will not be responsible for any damage that We cause to plastering, tiling, decoration, floor, ceiling, door or window in the Bathroom resulting from Our removal of existing fitted cupboards, shelves, vanity units, baths, showers, shower trays or cubicles, washbasins, toilets, bidets, hot tanks, immersion heaters, washing machines, tumble dryers, lighting, fixtures, fittings or decorations in the Bathroom except where it is due to Our negligence. Unless We have included under “Scope” above any work comprising plastering, painting, papering, tiling, decoration, or ceiling, flooring, window or door removal or installation or other work, We will not be responsible to carry out any such installation or work in the Bathroom.  

Other damage

We will make good at Our own expense any damage that We cause in the course of carrying out the Fitting Services to the plaster, floor, ceiling, walls, rendering or brickwork immediately surrounding any area of the Bathroom, but We do not undertake to replace specialised finishes, such as artex, or surrounding wallpaper or paintwork.

Cleaning and Redecorating 

You will be responsible for any cleaning and redecorating (but not removal of waste) which is necessary to the Bathroom after We have completed the Fitting Services.

Making good: general

Except as set out above:

1. We will ensure that the carrying out of the Fitting Services does not cause any damage to items at the Property, to the Property itself or to any items You provide for Us to fit; and
2. If it does cause any such damage We will make it good at Our own expense as soon as is reasonably possible.

Structural or other defects 

We do not accept any responsibility for any damage to the Bathroom or any other part of the Property resulting from structural or other defects in the Property. You must inform us of any structural defects or anomalies at the Property which might affect or be affected by the Fitting Services.

Security

We will, where necessary, provide temporary glazing and/or boarding to protect the interior of the Bathroom from the elements.  We will also advise You of any security risks associated with these temporary materials.

Waste

We will properly manage and arrange the safe and lawful disposal of all waste generated or removed from the Property that results from Our provision of Fitting Services. 

Your Additional Obligations and Responsibilities

You agree that, in addition to Your other obligations and responsibility under the Terms and Conditions, You:

• are responsible for ensuring before We begin any Fitting Services that, and You warrant that:
  • the Final Design complies with current building and council regulations, and that You have obtained consents in relation to these regulations, and agree that any costs incurred in obtaining these consents will be payable by You.
  • You have applied for and obtained any consents, licences or other permissions if any are needed from any third parties such as landlords, planning authorities, local authorities or similar. 
  • any appliance, accessory, component or other item supplied by You for Us to fit is suitable for use with the Products and other items that We provide. 
  • existing wiring, gas, water and waste pipe work within the Property is generally of a legal and good workman-like standard, 
  • You have located and advised Us of any hidden wiring or pipe work.
• must provide Us with all necessary technical details in writing of appliances and other items which You provide to Us to fit (including without limitation appliance dimensions) necessary for their proper and safe installation.
• must clear the Bathroom site of all property (other than items We are to fit) prior to Us commencing work. This includes any old freestanding bathroom cupboards or units except where We have specifically agreed to remove and clear these.
• allow us to store or keep in the Bathroom [or elsewhere in or at the Property] at times when we are not carrying out the Fitting Services:

• Our Products and materials that form part of the Supply Services; and
• the tools and other equipment needed for the Fitting Services

1. accept and agree that:

• once We have left any Products or materials at Your Property, they will be regarded as delivered to You and You will be responsible for them and will account to Us for any loss or damage to them except if We cause the loss or damage; and
• You will be responsible to take care reasonable care of the tools and other equipment and will account to Us for any loss or damage occurring to them due to Your negligence or that of any other occupant of or visitor to the Property.
• are responsible for ensuring that:

• We have access through the Property and to the Bathroom at the Agreed Times and that such access is and remains appropriate and adequate.
• We have a parking permit (for a visitor to the Property) which We can use throughout the time We are providing the Fitting Services if required or imposed by a local or other authority.
• We can access and use electrical power from electrical outlets (from normal 220/240 volt 3-pin sockets).
• We can access and use water from a supply of hot and cold running water.
• We can use your toilet and washing facilities.
• We have and can use such facilities at the Property as may be reasonably necessary for Us to carry out and complete the Fitting Services.
• You follow Our reasonable instructions relating to safety and the state of either Our work (whether it is work completed or in progress) or the Bathroom and adjacent areas of the Property in general, including directions and restrictions on appropriate usage, care and maintenance.
• You co-operate with Us generally as may be necessary to facilitate Our carrying out and completion of the Fitting Services

SCHEDULE 3

SUPPLY SERVICES – ADDITIONAL TERMS AND CONDITIONS

The following additional Terms and Conditions apply where We provide You with any Supply Services (see Clause 7)

Risk in the Products

The responsibility (sometimes referred to as the “risk”) for damage to or loss of any Product remains with Us until it has been physically delivered to Your Property at which point the risk will pass to You (even if Product is fitted later). 

Ownership and Retention of Ownership (“Title”) of Products

Until We have received payment in full in cash or cleared funds for any Product that We contract to supply to You, the legal and beneficial Title in that Product shall remain in Us (even if risk in that Product has passed to You). Upon payment for that Product, You will own it.

Our Right to Repossess Products Not Paid for by You

If We do not receive payment in cash or cleared funds of any properly issued invoice for any Product within the time which the Agreement permits You to pay it, We shall be entitled to repossess that Product without notice. If necessary, You must allow us to detach or remove that Product from any other Product/s or item/s in or forming part of the Bathroom. You hereby irrevocably authorise Us to enter Your Property for the purpose of exercising Our rights under this clause. This does not affect any other rights You may have.

SCHEDULE 4

SERVICES AGREEMENT

THIS AGREEMENT is made the       day of      

BETWEEN:

1. <<Name of Supplier>> [a company registered in <<Country of Registration>> under number <<Company Registration Number>> whose registered office is at] OR [of] <<Insert Address>> (“the Supplier” or “We” or “Us”) and

1. <<Name of Customer>> of <<Insert Address>> (“the Customer” or “You”))

BACKGROUND: 

1. The Supplier provides bathroom design and/or fitting and/or supply services to consumer clients and has reasonable skill, knowledge and expertise in that field.

1. The Customer wishes to engage the Supplier to provide the [design] OR [supply][and][fitting] services specified below (“the Services”).

2. The Supplier agrees to provide the Services to the Customer, subject to the attached Terms and Conditions and the terms of this Agreement.

IT IS AGREED as follows: 

1. The Agreement
   1. A legally binding contract between You and Us will be created when (and only when) the following have occurred:
      1. We have issued a signed Quotation to You in duplicate; and
      2. You have countersigned and return to Us one copy of it; and
      3. We have received any required Deposit; and 
      4. You and We have signed this Agreement.
   2. After that contract is created, We will attach a copy of the counter-signed copy of the Quotation to a copy of this Agreement signed by You and Us and We will provide You with that signed copy of the Agreement with the Quotation attached.
   3. This Agreement is subject to, and incorporates, the attached Terms and Conditions. 
   4. In this Agreement, words with initial capital letters have the same meaning as they have in the Terms and Conditions.
   5. We confirm and You acknowledge that on or before the date of this Agreement, We gave or made available to You the following information (save where such information is already apparent from the context of the transaction):
      1. The main characteristics of the Services; 
      2. Our identity and contact details; 
      3. The total amount payable for the Services including taxes or, if the total amount cannot be calculated in advance, the manner in which it will be calculated; 
      4. The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services;
      5. Our complaints handling policy;
      6. The duration of this Agreement, where applicable, or if this Agreement is of indeterminate duration or is to be extended automatically, the conditions for terminating it.
2. The Services
   1. We will:
      1. begin to provide the Services on the Start Date of <<Insert Date>>;
      2. aim to complete the Services by <<Insert Date>>;
      3. provide the Services during the Agreed Times of <<Insert Times>> or such other times as You and We may agree in writing;
      4. [provide the [Supply][and][Fitting] Services at the Property located at <<Insert Address>>] OR [provide the Design Services in relation to the Property located at <<Insert Address>>]  ;
      5. perform the Services in accordance with Clause 2.2.
   2. [We will provide the Design Services as stated in Schedule 1 of the attached Terms and Conditions. If, after We have held an initial consultation with You, You and We agree on the details of those services and on the sum payable for providing those services, and You then wish to proceed, those details and the sum payable will have been set out by Us in a Quotation in writing. If it has then been signed by You and We have attached it to this Agreement and We and You have signed this Agreement, then, subject to Clause 4 below, We will be bound to provide those services for that sum and You will be legally bound to pay for them.]

OR

3. [We will provide the Fitting Services as stated in Schedule 2 of the attached Terms and Conditions and those services will comprise the fitting of [those Products referred to below] [together with [appliances] [and other] items supplied by You].  If You and We agree on the sum payable for fitting the Products [and on the items to be supplied by You to be fitted by Us], and if You then wish to proceed, the sum payable will have been set out by Us in a Quotation in writing. If it has then been signed by You and We have attached it to this Agreement and We and You have signed this Agreement, then, subject to Clause 4 below, We will be bound to provide the Fitting Services for that sum and You will be legally bound to pay for them.]

AND/OR

4. [We will provide the Supply Services as stated in Schedule 3 of the attached Terms and Conditions and those services will comprise the supply of the Products necessary to implement the Final Design and the supply of any associated or incidental items or materials reasonably required as part of or in connection with the fitting of the Products. If We and You agree on the Products and associated or incidental items or materials to be supplied by Us and the sum payable for that supply, and if You then wish to proceed, the Products and other items and the sum payable for supplying them will have been set out by Us in a Quotation in writing. If it has then been signed by You and We have attached it to this Agreement and We and You have signed this Agreement, then, subject to Clause 4 below, We will be bound to provide the Supply Services for that sum and You will be legally bound to pay for them.]
5. You and We may agree in writing to vary the details in the attachments referred to in this Clause 2 from time to time by signing a written note of the variation concerned.
6. Price and Payment

You will pay the sum of £<<Insert Sum>> for the [Design Services] OR [[Fitting][and][Supply] Services]. This sum may be broken down as follows:

1. [£<<Insert Sum>> for provision of the Design Services];

OR

2. [£<<Insert Sum>> for provision of the Fitting Services];

AND/OR 

[£<<Insert Sum>> for provision of the Supply Services (including the Price for the Products)].

3. [Our standard hourly rate for any additional work (where We carry out such work which the Terms and Conditions state is to be charged at an hourly rate) is £<<Insert Sum>>].
4. <<Insert full details of other sums due (if any) as detailed in the Quotation>>
5. Waiver of Cooling Off Period
   1. By signing this Agreement You request Us to commence provision of the Services immediately and not to wait for the 14-day cooling off period referred to in Clause 13 of the Terms and Conditions to expire. 
   2. You acknowledge that if You exercise the right to cancel You will be liable to pay Us for the Services provided up until the point at which You inform Us of Your wish to cancel, as set out in Clause 13 of the Terms and Conditions.
   3. You acknowledge that You will lose the right to cancel if the Services are fully performed within the 14 day cooling off period.

SIGNED for and on behalf of the Supplier by:

<<Name and Title of person signing for the Supplier>>

__________________________________________________
Authorised Signature

Date: ____________

SIGNED by the Customer:

<<Full Name of Customer>>

__________________________________________________
Signature

Date: ____________

SCHEDULE 5

MODEL CANCELLATION FORM

To: <<Supplier to insert Supplier’s Geographical Address and, where available, Email Address>>

I/We (delete as appropriate) hereby give notice that I/we (delete as appropriate) cancel my/our (delete as appropriate) contract for 

[Design Services] 

OR 

[Supply] AND/OR 

[Fitting] Services 

dated <<   >>.

Name of consumer(s): <<   >>

Address of consumer(s): <<   >>

Signature of consumer(s): <<   >>

Date: 

[SCHEDULE 6

Attach copy Privacy Notice

For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.

19. How We Use Your Personal Information (Data Protection)

We will only use Your personal data as set out in Our Privacy Notice available from https://www.plumbsuite.co.uk/privacy-notice/ and attached in Schedule 6.

20. Other Important Terms

1. We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business).  If this occurs We will inform You in writing.  Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them. 
2. You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld). 
3. The Agreement is between You and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement. 
4. If any provision of the Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provision in question will not be affected.
5. No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.
6. Regulations and Information
   1. We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before You have accepted the Quotation and We and You have signed the Agreement) except where that information is already apparent from the context of the transaction. We have included the information itself either in the Agreement or Quotation for You to see now, or We will make it available to You before We and You sign the Agreement. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
   2. As required by the Regulations:
      6850558. all of the information described in sub-Clause 21.1; and
      6850559. any other information which We give to You about any Services or Us or Our business which You take into account when deciding to sign the Agreement and accept a Quotation or when making any other decision about Services, will be part of the terms of our contract with You as a Consumer. 

22. Law and Jurisdiction
    1. These Terms and Conditions, the Contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
    2. As a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 22.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
    3. Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

SCHEDULE 1

DESIGN SERVICES – ADDITIONAL TERMS AND CONDITIONS

The following additional Terms and Conditions apply where We provide You with any Design Services (see Clause 7)

Initial Consultation

We will talk to You about Your requirements at an initial consultation. (If You wish to factor any critical aspect into the design of the Bathroom, You should identify this to Us at that consultation. If you have a preference for the position and/or style of your washbasin/s, toilet, bath, shower, bidet, airing cupboard, or any other items, You should also identify this to Us at the same time.) If You describe Your Bathroom space and/or give Us any rough measurements at that consultation, We will give You a general assessment of that space at the consultation. 

Surveys and Measurements and Information

EITHER

[Our Site survey and measurements of Your Bathroom

We will then carry out a site survey and take measurements of Your Bathroom but We will not carry out any structural survey or offer or provide opinions or advice structural or other building related matters. We will then give You a report of the survey and measurements. We will be responsible for the accuracy and completeness of that report except as follows. Where building or other works by Your builders / contractors are yet to be started or completed but You nevertheless require Us to carry out Our survey, take measurements, and provide a survey report before completion of those works, You agree that the following shall apply:

1. You will be responsible to ensure that your builders / contractors adhere to the measurements and other material features covered by Our survey report.
2. If We have correctly and accurately both carried out the survey and taken measurements of the Bathroom, and Your builders/contractors then complete their works but they have not adhered to the measurements and other material features covered by Our survey report, there might as a result be material differences between the finished Bathroom space and the details set out in Our survey report, in particular because walls / surfaces / floors / ceilings / doors/windows may have been unknown / not completed when We carried out the survey or took the measurements.
3. If there are any such material differences, You agree that You will bear any additional costs and expenses arising from them.
4. Those additional costs and expenses might include Our additional charges for altering the design of/redesigning the Bathroom and for any additional necessary Visits, or, where we provide Fitting and/or Supply Services and We order or supply materials or products which, due to the material differences, are of the wrong size, type, or number, those additional costs and expenses might include any additional price for Our supply of products, Our additional charges for altering, re-making or replacing those materials or products or other error rectification work, and Our additional charges for any additional necessary Visits.
5. All such additional charges shall be at Our standard hourly rate [of £<<Insert Figure>>] OR [stated in the Agreement].
6. If You do not wish to accept the risk of such material differences occurring or the costs and expenses arising from them, You must allow Us to defer carrying out Our site survey and taking measurements until after Your building and any other works are complete.]

OR

[No site survey or measurements of Your Bathroom by Us.

The Design Services will not include carrying out a site survey or taking measurements of Your Bathroom or carrying out any structural survey or offering or providing opinions or advice about structural or other building related matters. You therefore agree that the following shall apply:

1. In addition to giving Us measurements of the Bathroom, You must give Us all relevant information about the Bathroom, including details of room layout, location of doors, windows, any low ceilings, variation in floor level, any nibs or boxed-in pipework or other obstacles or features that may affect the area which might be covered by bathroom fittings or other items to be fitted.
2. Unless We agree otherwise, We [expect][require] all of the information and measurements to be shown on a two-dimensional drawn plan provided by You to the extent that it is practicable to provide information and measurements in the form of such a plan.
3. We will work exclusively from the information about and measurements of the Bathroom that You or Your appointed agent give Us.

• You will be solely responsible for the correctness of all such information and measurements.
• In providing the Design Services and any other Services, We will not check, and will not be responsible for checking, that information or those measurements and We will accept no liability for material errors in such information or measurements.
• Where such information or measurements is/are materially incorrect and as a result Our design is inappropriate for the Bathroom space in any material respect, or, where we provide Fitting and/or Supply Services, We order or supply materials or products whose size, type, or number is wrong as a result of Us using that materially incorrect information or measurements, You agree that You will bear any resulting additional costs and expenses.
• Those additional costs and expenses might include Our additional charges for altering the design of/redesigning the Bathroom, or, where we provide Fitting and/or Supply Services and We order or supply materials or products of the wrong size, type, or number, those additional costs and expenses might include any additional price for Our supply of products, Our additional charges for altering, re-making or replacing those materials or products or other error rectification work, and Our additional charges for any additional necessary Visits.
• All such additional charges shall be at Our standard hourly rate [of £<<Insert Figure>>] OR [stated in the Agreement].
• If You are having relevant building or other works carried out to the Bathroom and those works are only to be completed after You give Us information about or measurements of the Bathroom, there will be a risk that that information or measurements will be materially incorrect (in particular because walls / surfaces / floors / ceilings / doors / windows may be unknown / unfinished at that time so that You cannot compile accurate measurements or complete and accurate information). You should therefore instead defer giving Us that information or measurements until after all relevant building or other work is complete, and if You do not defer doing so, You accept the risk that You may incur additional costs and expenses as outlined above.]

Provisional Design

After We have the measurements of Your Bathroom [and given You a survey report], We will produce a Provisional Design in writing for the Bathroom and send it to you. [The Provisional Design may include alternative suggestions between which you may choose]. The Provisional Design will include the following elements:

1. Description and details of the Design 
2. Floor plan for the re-design of the room
3. Elevations
4. Lighting plan
5. List of types of parts required for the Design (bath, shower, washbasin/s, toilet, bidet, cabinets, appliances, hot water tank, immersion heater, parts etc.)
6. Photo-realistic 3D visuals
7. <<Insert further or other details>>. 

[The Provisional Design will also include an approximate budget for its implementation by Us but it will only be indicative because an exact budget cannot be produced until You have approved a Final Design and We have given You figures for a Quoted Price for the necessary Fitting and/or Supply Services. If You instead intend to engage any third party/ies to implement the Final Design (or an version of a Provisional Design), You should not treat the approximate budget as even indicative of possible costs of implementation.] 

The Provisional Design will only be Our interpretation of Your requirements based on initial information. It will be Our initial suggestion[s] for design of the Bathroom, and it is intended to form the basis for further discussion with You and to be subject to subsequent changes to meet Your requirements. The initial and any subsequent versions of Provisional Design will not be final or suitable for use for the purpose of providing any Fitting and/or Supply Services or for You to carry out (or arrange to carry out) any similar works. 

Final Design

Once You have considered the Provisional Design We will then develop it through further discussions with You and receipt of any further information or requirements from You. We may, as part of that process, provide You with further suggestions, information and/or materials. 

Only when We have confirmed in writing to You that a particular version of the Provisional Design that we have issued to You is final and You have also signed it to indicate Your approval of it, will it become the Final Design which can be implemented.

All versions of Our Provisional Design and all designs, illustrations, descriptions or other items contained in either any sales literature or other material or on our website are only intended to be for general illustrative purposes and We do not represent, warrant or undertake that the Final Design will include or match anything in any such items. 

When You to sign off a Provisional Design as the Final Design, it will supersede and replace all versions of Our Provisional Design and all information, materials and requirements which You or We have previously communicated to each other.  

Once You have signed-off a final Provisional Design as the Final Design, We will not be responsible if the Final Design does not fully and correctly reflect Your requirements. Therefore, if You are unsure of any aspect of the design, measurements or any technical or other aspect of the design contained in the final Provisional Design, You should raise any query with Us to enable Us to have an opportunity to clarify any Matter and/or amend that final Provisional Design if it is necessary to do so. When You sign the final Provisional Design, that will be Your approval of it and Your confirmation that it meets Your requirements. The Final Design as approved by You will form the basis of any Fitting and/or Supply Services that We provide to You. When You sign the Final Design that will be completion by Us of the Design Services.

Ownership of Rights

Any intellectual property rights in any and all parts of any draft or final Provisional Design, Final Design or any other items or information which We give to You in hard copy or electronic form at any time shall at all times remain Our exclusive property. You or someone on Your behalf may use any such items or information for the sole purpose of implementing Our design for Your Bathroom but You may not copy, reproduce or communicate to any third party any such item or information or use it for any other purpose without Our prior written consent.

SCHEDULE 2

FITTING SERVICES – ADDITIONAL TERMS AND CONDITIONS

The following additional Terms and Conditions apply where We provide You with any Fitting Services (see Clause 7)

General

If You order Fitting Services and We produce a final Provisional Design which You then approve as the Final Design by signing a copy of it, We will then carry out the Fitting Services provided that you comply with your obligations under the Terms and Conditions. 

If You (or a third party on Your behalf) produces a design for Your Bathroom, We will only provide Fitting Services for You based on it if We specifically agree in writing to do so. If You ask Us to implement any such design, You will need to provide Us with a detailed plan of it with Your Order and We will then confirm in Our discretion whether We are prepared to implement it. (We may decide that We are not able to do so or that Your plan lacks the necessary detail or is unsuitable.) If and when We are prepared to implement it, We will issue a Quotation for Fitting Services based on Your detailed plan and will treat it for the purposes of the Agreement as a Final Design (i.e. a design approved by You). 

We undertake that We will fit the Products which We supply to You, if any, together with items (whether appliances or other items) supplied by You, if any, which We have agreed are to be covered by the Fitting Services. 

We undertake that Our Fitting Services will fully and correctly implement the approved Final Design. 

All Products that We use in the Fitting Services will match the Final Design, but We do not represent, warrant or undertake that any such Products will match anything in any designs, illustrations, descriptions or other items contained in either any of Our sales literature or in other material or on our website. All of those designs illustrations, descriptions and other items are only intended to be for general illustrative purposes.

Scope of Our Fitting Services

We will do the following:

• assemble, fit, install and plumb in the bathroom Products that We supply (including bath, shower, shower tray and cubicle, washbasin, toilet, bidet, taps, cupboards, vanity units, shelves, kickboards, cover panels, hot tank, immersion heater, washing machine, tumble dryer).
• where You provide appliances (e.g. water heater, hot tank, immersion heater, washing machine, tumble dryer) which We have agreed to fit, We will complete basic appliance installation if electricity is already in place, but We are not responsible for the selection, supply, suitability, condition or performance of any [such appliances] [appliances that We do not supply as part of the Products].
• where You supply any other items which We have agreed to fit, We will fit them but We are not responsible for the selection, suitability, condition or performance of any such items.
• fit basins into vanity units etc., (including cutting-out of the unit).
• seal all joins and cut-outs. Unless We have specifically agreed otherwise in writing, We shall select the sealant colour on the basis of what we deem most suitable.
• <<Insert any further details>>

Delay

We may reasonably refuse to start work or We may suspend work where You do not comply with your obligations under the Terms and Conditions. You will be responsible for any delays (and the cost of any such delays) which arise as a result.

If it appears that any wall is incapable of holding any Product/s or other items that We are to fit, or any utility supply or connection is unsafe, faulty, flawed or inadequate or of poor quality, We may suspend work until You have had the necessary remedial works carried out.

Care of Property and Damage etc.

Contents at the Property other than in the Bathroom

We will take all reasonable steps to protect Your furniture, furnishings and wall and floor coverings in the Property (and that will include Our placing covers over them if and as reasonably practicable) but We cannot take responsibility for any damage which is caused to those items if We have taken such steps. We will not take responsibility for any damage occurring to any items that You leave in place after We begin work where We have previously advised You that they are at risk and/or an obstacle to our work and We have reasonably asked You to move them. 

Contents in the Bathroom 

We will not take responsibility for any damage occurring to any property that You leave in the Bathroom after We begin work in it. 

Damage to Bathroom

We will not be responsible for any damage that We cause to plastering, tiling, decoration, floor, ceiling, door or window in the Bathroom resulting from Our removal of existing fitted cupboards, shelves, vanity units, baths, showers, shower trays or cubicles, washbasins, toilets, bidets, hot tanks, immersion heaters, washing machines, tumble dryers, lighting, fixtures, fittings or decorations in the Bathroom except where it is due to Our negligence. Unless We have included under “Scope” above any work comprising plastering, painting, papering, tiling, decoration, or ceiling, flooring, window or door removal or installation or other work, We will not be responsible to carry out any such installation or work in the Bathroom.  

Other damage

We will make good at Our own expense any damage that We cause in the course of carrying out the Fitting Services to the plaster, floor, ceiling, walls, rendering or brickwork immediately surrounding any area of the Bathroom, but We do not undertake to replace specialised finishes, such as artex, or surrounding wallpaper or paintwork.

Cleaning and Redecorating 

You will be responsible for any cleaning and redecorating (but not removal of waste) which is necessary to the Bathroom after We have completed the Fitting Services.

Making good: general

Except as set out above:

1. We will ensure that the carrying out of the Fitting Services does not cause any damage to items at the Property, to the Property itself or to any items You provide for Us to fit; and
2. If it does cause any such damage We will make it good at Our own expense as soon as is reasonably possible.

Structural or other defects 

We do not accept any responsibility for any damage to the Bathroom or any other part of the Property resulting from structural or other defects in the Property. You must inform us of any structural defects or anomalies at the Property which might affect or be affected by the Fitting Services.

Security

We will, where necessary, provide temporary glazing and/or boarding to protect the interior of the Bathroom from the elements.  We will also advise You of any security risks associated with these temporary materials.

Waste

We will properly manage and arrange the safe and lawful disposal of all waste generated or removed from the Property that results from Our provision of Fitting Services. 

Your Additional Obligations and Responsibilities

You agree that, in addition to Your other obligations and responsibility under the Terms and Conditions, You:

• are responsible for ensuring before We begin any Fitting Services that, and You warrant that:
  • the Final Design complies with current building and council regulations, and that You have obtained consents in relation to these regulations, and agree that any costs incurred in obtaining these consents will be payable by You.
  • You have applied for and obtained any consents, licences or other permissions if any are needed from any third parties such as landlords, planning authorities, local authorities or similar. 
  • any appliance, accessory, component or other item supplied by You for Us to fit is suitable for use with the Products and other items that We provide. 
  • existing wiring, gas, water and waste pipe work within the Property is generally of a legal and good workman-like standard, 
  • You have located and advised Us of any hidden wiring or pipe work.
• must provide Us with all necessary technical details in writing of appliances and other items which You provide to Us to fit (including without limitation appliance dimensions) necessary for their proper and safe installation.
• must clear the Bathroom site of all property (other than items We are to fit) prior to Us commencing work. This includes any old freestanding bathroom cupboards or units except where We have specifically agreed to remove and clear these.
• allow us to store or keep in the Bathroom [or elsewhere in or at the Property] at times when we are not carrying out the Fitting Services:

• Our Products and materials that form part of the Supply Services; and
• the tools and other equipment needed for the Fitting Services

1. accept and agree that:

• once We have left any Products or materials at Your Property, they will be regarded as delivered to You and You will be responsible for them and will account to Us for any loss or damage to them except if We cause the loss or damage; and
• You will be responsible to take care reasonable care of the tools and other equipment and will account to Us for any loss or damage occurring to them due to Your negligence or that of any other occupant of or visitor to the Property.
• are responsible for ensuring that:

• We have access through the Property and to the Bathroom at the Agreed Times and that such access is and remains appropriate and adequate.
• We have a parking permit (for a visitor to the Property) which We can use throughout the time We are providing the Fitting Services if required or imposed by a local or other authority.
• We can access and use electrical power from electrical outlets (from normal 220/240 volt 3-pin sockets).
• We can access and use water from a supply of hot and cold running water.
• We can use your toilet and washing facilities.
• We have and can use such facilities at the Property as may be reasonably necessary for Us to carry out and complete the Fitting Services.
• You follow Our reasonable instructions relating to safety and the state of either Our work (whether it is work completed or in progress) or the Bathroom and adjacent areas of the Property in general, including directions and restrictions on appropriate usage, care and maintenance.
• You co-operate with Us generally as may be necessary to facilitate Our carrying out and completion of the Fitting Services

SCHEDULE 3

SUPPLY SERVICES – ADDITIONAL TERMS AND CONDITIONS

The following additional Terms and Conditions apply where We provide You with any Supply Services (see Clause 7)

Risk in the Products

The responsibility (sometimes referred to as the “risk”) for damage to or loss of any Product remains with Us until it has been physically delivered to Your Property at which point the risk will pass to You (even if Product is fitted later). 

Ownership and Retention of Ownership (“Title”) of Products

Until We have received payment in full in cash or cleared funds for any Product that We contract to supply to You, the legal and beneficial Title in that Product shall remain in Us (even if risk in that Product has passed to You). Upon payment for that Product, You will own it.

Our Right to Repossess Products Not Paid for by You

If We do not receive payment in cash or cleared funds of any properly issued invoice for any Product within the time which the Agreement permits You to pay it, We shall be entitled to repossess that Product without notice. If necessary, You must allow us to detach or remove that Product from any other Product/s or item/s in or forming part of the Bathroom. You hereby irrevocably authorise Us to enter Your Property for the purpose of exercising Our rights under this clause. This does not affect any other rights You may have.

SCHEDULE 4

SERVICES AGREEMENT

THIS AGREEMENT is made the       day of      

BETWEEN:

1. <<Name of Supplier>> [a company registered in <<Country of Registration>> under number <<Company Registration Number>> whose registered office is at] OR [of] <<Insert Address>> (“the Supplier” or “We” or “Us”) and

1. <<Name of Customer>> of <<Insert Address>> (“the Customer” or “You”))

BACKGROUND: 

1. The Supplier provides bathroom design and/or fitting and/or supply services to consumer clients and has reasonable skill, knowledge and expertise in that field.

1. The Customer wishes to engage the Supplier to provide the [design] OR [supply][and][fitting] services specified below (“the Services”).

2. The Supplier agrees to provide the Services to the Customer, subject to the attached Terms and Conditions and the terms of this Agreement.

IT IS AGREED as follows: 

1. The Agreement
   1. A legally binding contract between You and Us will be created when (and only when) the following have occurred:
      1. We have issued a signed Quotation to You in duplicate; and
      2. You have countersigned and return to Us one copy of it; and
      3. We have received any required Deposit; and 
      4. You and We have signed this Agreement.
   2. After that contract is created, We will attach a copy of the counter-signed copy of the Quotation to a copy of this Agreement signed by You and Us and We will provide You with that signed copy of the Agreement with the Quotation attached.
   3. This Agreement is subject to, and incorporates, the attached Terms and Conditions. 
   4. In this Agreement, words with initial capital letters have the same meaning as they have in the Terms and Conditions.
   5. We confirm and You acknowledge that on or before the date of this Agreement, We gave or made available to You the following information (save where such information is already apparent from the context of the transaction):
      1. The main characteristics of the Services; 
      2. Our identity and contact details; 
      3. The total amount payable for the Services including taxes or, if the total amount cannot be calculated in advance, the manner in which it will be calculated; 
      4. The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services;
      5. Our complaints handling policy;
      6. The duration of this Agreement, where applicable, or if this Agreement is of indeterminate duration or is to be extended automatically, the conditions for terminating it.
2. The Services
   1. We will:
      1. begin to provide the Services on the Start Date of <<Insert Date>>;
      2. aim to complete the Services by <<Insert Date>>;
      3. provide the Services during the Agreed Times of <<Insert Times>> or such other times as You and We may agree in writing;
      4. [provide the [Supply][and][Fitting] Services at the Property located at <<Insert Address>>] OR [provide the Design Services in relation to the Property located at <<Insert Address>>]  ;
      5. perform the Services in accordance with Clause 2.2.
   2. [We will provide the Design Services as stated in Schedule 1 of the attached Terms and Conditions. If, after We have held an initial consultation with You, You and We agree on the details of those services and on the sum payable for providing those services, and You then wish to proceed, those details and the sum payable will have been set out by Us in a Quotation in writing. If it has then been signed by You and We have attached it to this Agreement and We and You have signed this Agreement, then, subject to Clause 4 below, We will be bound to provide those services for that sum and You will be legally bound to pay for them.]

OR

3. [We will provide the Fitting Services as stated in Schedule 2 of the attached Terms and Conditions and those services will comprise the fitting of [those Products referred to below] [together with [appliances] [and other] items supplied by You].  If You and We agree on the sum payable for fitting the Products [and on the items to be supplied by You to be fitted by Us], and if You then wish to proceed, the sum payable will have been set out by Us in a Quotation in writing. If it has then been signed by You and We have attached it to this Agreement and We and You have signed this Agreement, then, subject to Clause 4 below, We will be bound to provide the Fitting Services for that sum and You will be legally bound to pay for them.]

AND/OR

4. [We will provide the Supply Services as stated in Schedule 3 of the attached Terms and Conditions and those services will comprise the supply of the Products necessary to implement the Final Design and the supply of any associated or incidental items or materials reasonably required as part of or in connection with the fitting of the Products. If We and You agree on the Products and associated or incidental items or materials to be supplied by Us and the sum payable for that supply, and if You then wish to proceed, the Products and other items and the sum payable for supplying them will have been set out by Us in a Quotation in writing. If it has then been signed by You and We have attached it to this Agreement and We and You have signed this Agreement, then, subject to Clause 4 below, We will be bound to provide the Supply Services for that sum and You will be legally bound to pay for them.]
5. You and We may agree in writing to vary the details in the attachments referred to in this Clause 2 from time to time by signing a written note of the variation concerned.
6. Price and Payment

You will pay the sum of £<<Insert Sum>> for the [Design Services] OR [[Fitting][and][Supply] Services]. This sum may be broken down as follows:

1. [£<<Insert Sum>> for provision of the Design Services];

OR

2. [£<<Insert Sum>> for provision of the Fitting Services];

AND/OR 

[£<<Insert Sum>> for provision of the Supply Services (including the Price for the Products)].

3. [Our standard hourly rate for any additional work (where We carry out such work which the Terms and Conditions state is to be charged at an hourly rate) is £<<Insert Sum>>].
4. <<Insert full details of other sums due (if any) as detailed in the Quotation>>
5. Waiver of Cooling Off Period
   1. By signing this Agreement You request Us to commence provision of the Services immediately and not to wait for the 14-day cooling off period referred to in Clause 13 of the Terms and Conditions to expire. 
   2. You acknowledge that if You exercise the right to cancel You will be liable to pay Us for the Services provided up until the point at which You inform Us of Your wish to cancel, as set out in Clause 13 of the Terms and Conditions.
   3. You acknowledge that You will lose the right to cancel if the Services are fully performed within the 14 day cooling off period.

SIGNED for and on behalf of the Supplier by:

<<Name and Title of person signing for the Supplier>>

__________________________________________________
Authorised Signature

Date: ____________

SIGNED by the Customer:

<<Full Name of Customer>>

__________________________________________________
Signature

Date: ____________

SCHEDULE 5

MODEL CANCELLATION FORM

To: <<Supplier to insert Supplier’s Geographical Address and, where available, Email Address>>

I/We (delete as appropriate) hereby give notice that I/we (delete as appropriate) cancel my/our (delete as appropriate) contract for 

[Design Services] 

OR 

[Supply] AND/OR 

[Fitting] Services 

dated <<   >>.

Name of consumer(s): <<   >>

Address of consumer(s): <<   >>

Signature of consumer(s): <<   >>

Date: 

[SCHEDULE 6

Attach copy Privacy Notice

17. Events Outside of Our Reasonable Control (Force Majeure)
    1. We will not be liable for any failure or delay in performing Our obligations under the Agreement where the failure or delay results from any cause that is beyond Our reasonable control (“Force Majeure”).  Such Force Majeure causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic, or other natural disaster, or any other similar or dissimilar event that is beyond Our reasonable control .
    2. If any Force Majeure event described under this Clause 17 occurs that is likely to adversely affect Our performance of any of Our obligations under the Agreement:
       6850558. We will inform You as soon as is reasonably possible;
       6850559. Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;
       6850560. We will inform You when the Force Majeure event outside of Our reasonable control is over and provide details of any new dates, times or availability of Services as necessary;
       6850561. You or We may terminate the Agreement (see Clause 15).
18. Liability and Consumer Rights
    1. We will maintain suitable and valid insurance including public liability insurance.
    2. Subject to the following provisions of this Clause 18, We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of the Agreement or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Agreement is entered into.  We will not be responsible for any loss or damage that is not foreseeable. 
    3. If We cause any damage to the Property, We will make good that damage at no additional cost to You.  We are not responsible for any pre-existing faults or damage in or to Your Property that We may discover while providing the Services.
    4. We provide Services for domestic and private purposes only. We make no warranty or representation that any Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
    5. Whilst We aim to provide the Services to You according to the timetable specified in the Agreement, dates and time frames for delivery for Products and carrying out the Services are provided for guidance only and We do not guarantee that the Services will be performed or completed by or within those or any other dates or time frames. For the purposes of the Agreement, time shall not be of the essence and We will not be liable for any loss or damage You suffer as a result of the delivery of any of the Services being delayed or postponed for any reason.
    6. We will not be liable for any accommodation costs, costs of storage of any domestic equipment or other items, or any other expenses You suffer arising from provision of the Services.
    7. We will not be liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us.
    8. Except as to Our liability for the cost of Our complying with sub-Clause 18.3 (which shall not be limited), Our total liability for loss or damage caused as a result of Our negligence or breach of the Agreement is limited as follows. Where the Agreement relates to:
       6850558. Design Services, Our total liability shall be limited to £0 
       6850559. Fitting Services, Our total liability shall be limited to £7,000.00
       6850560. Supply Services, Our total liability shall be limited to £3,000.00
    9. Nothing in this Clause 18 or in any other provisions of the Agreement is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.
    10. As a “consumer” as defined by the Consumer Rights Act 2015, or as a consumer for the purposes of any other consumer protection legislation, nothing in this Clause 18 or in any other provisions of the Agreement is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
        6850558.  the Consumer Rights Act 2015; 
        6850559.  the Regulations; 
        6850560.  the Consumer Protection Act 1987; or
        6850561.  any other consumer protection legislation, as that legislation is amended from time to time.

For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.

19. How We Use Your Personal Information (Data Protection)

We will only use Your personal data as set out in Our Privacy Notice available from https://www.plumbsuite.co.uk/privacy-notice/ and attached in Schedule 6.

20. Other Important Terms

1. We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business).  If this occurs We will inform You in writing.  Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them. 
2. You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld). 
3. The Agreement is between You and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement. 
4. If any provision of the Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provision in question will not be affected.
5. No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.
6. Regulations and Information
   1. We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before You have accepted the Quotation and We and You have signed the Agreement) except where that information is already apparent from the context of the transaction. We have included the information itself either in the Agreement or Quotation for You to see now, or We will make it available to You before We and You sign the Agreement. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
   2. As required by the Regulations:
      6850558. all of the information described in sub-Clause 21.1; and
      6850559. any other information which We give to You about any Services or Us or Our business which You take into account when deciding to sign the Agreement and accept a Quotation or when making any other decision about Services, will be part of the terms of our contract with You as a Consumer. 

22. Law and Jurisdiction
    1. These Terms and Conditions, the Contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
    2. As a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 22.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
    3. Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

SCHEDULE 1

DESIGN SERVICES – ADDITIONAL TERMS AND CONDITIONS

The following additional Terms and Conditions apply where We provide You with any Design Services (see Clause 7)

Initial Consultation

We will talk to You about Your requirements at an initial consultation. (If You wish to factor any critical aspect into the design of the Bathroom, You should identify this to Us at that consultation. If you have a preference for the position and/or style of your washbasin/s, toilet, bath, shower, bidet, airing cupboard, or any other items, You should also identify this to Us at the same time.) If You describe Your Bathroom space and/or give Us any rough measurements at that consultation, We will give You a general assessment of that space at the consultation. 

Surveys and Measurements and Information

EITHER

[Our Site survey and measurements of Your Bathroom

We will then carry out a site survey and take measurements of Your Bathroom but We will not carry out any structural survey or offer or provide opinions or advice structural or other building related matters. We will then give You a report of the survey and measurements. We will be responsible for the accuracy and completeness of that report except as follows. Where building or other works by Your builders / contractors are yet to be started or completed but You nevertheless require Us to carry out Our survey, take measurements, and provide a survey report before completion of those works, You agree that the following shall apply:

1. You will be responsible to ensure that your builders / contractors adhere to the measurements and other material features covered by Our survey report.
2. If We have correctly and accurately both carried out the survey and taken measurements of the Bathroom, and Your builders/contractors then complete their works but they have not adhered to the measurements and other material features covered by Our survey report, there might as a result be material differences between the finished Bathroom space and the details set out in Our survey report, in particular because walls / surfaces / floors / ceilings / doors/windows may have been unknown / not completed when We carried out the survey or took the measurements.
3. If there are any such material differences, You agree that You will bear any additional costs and expenses arising from them.
4. Those additional costs and expenses might include Our additional charges for altering the design of/redesigning the Bathroom and for any additional necessary Visits, or, where we provide Fitting and/or Supply Services and We order or supply materials or products which, due to the material differences, are of the wrong size, type, or number, those additional costs and expenses might include any additional price for Our supply of products, Our additional charges for altering, re-making or replacing those materials or products or other error rectification work, and Our additional charges for any additional necessary Visits.
5. All such additional charges shall be at Our standard hourly rate [of £<<Insert Figure>>] OR [stated in the Agreement].
6. If You do not wish to accept the risk of such material differences occurring or the costs and expenses arising from them, You must allow Us to defer carrying out Our site survey and taking measurements until after Your building and any other works are complete.]

OR

[No site survey or measurements of Your Bathroom by Us.

The Design Services will not include carrying out a site survey or taking measurements of Your Bathroom or carrying out any structural survey or offering or providing opinions or advice about structural or other building related matters. You therefore agree that the following shall apply:

1. In addition to giving Us measurements of the Bathroom, You must give Us all relevant information about the Bathroom, including details of room layout, location of doors, windows, any low ceilings, variation in floor level, any nibs or boxed-in pipework or other obstacles or features that may affect the area which might be covered by bathroom fittings or other items to be fitted.
2. Unless We agree otherwise, We [expect][require] all of the information and measurements to be shown on a two-dimensional drawn plan provided by You to the extent that it is practicable to provide information and measurements in the form of such a plan.
3. We will work exclusively from the information about and measurements of the Bathroom that You or Your appointed agent give Us.

• You will be solely responsible for the correctness of all such information and measurements.
• In providing the Design Services and any other Services, We will not check, and will not be responsible for checking, that information or those measurements and We will accept no liability for material errors in such information or measurements.
• Where such information or measurements is/are materially incorrect and as a result Our design is inappropriate for the Bathroom space in any material respect, or, where we provide Fitting and/or Supply Services, We order or supply materials or products whose size, type, or number is wrong as a result of Us using that materially incorrect information or measurements, You agree that You will bear any resulting additional costs and expenses.
• Those additional costs and expenses might include Our additional charges for altering the design of/redesigning the Bathroom, or, where we provide Fitting and/or Supply Services and We order or supply materials or products of the wrong size, type, or number, those additional costs and expenses might include any additional price for Our supply of products, Our additional charges for altering, re-making or replacing those materials or products or other error rectification work, and Our additional charges for any additional necessary Visits.
• All such additional charges shall be at Our standard hourly rate [of £<<Insert Figure>>] OR [stated in the Agreement].
• If You are having relevant building or other works carried out to the Bathroom and those works are only to be completed after You give Us information about or measurements of the Bathroom, there will be a risk that that information or measurements will be materially incorrect (in particular because walls / surfaces / floors / ceilings / doors / windows may be unknown / unfinished at that time so that You cannot compile accurate measurements or complete and accurate information). You should therefore instead defer giving Us that information or measurements until after all relevant building or other work is complete, and if You do not defer doing so, You accept the risk that You may incur additional costs and expenses as outlined above.]

Provisional Design

After We have the measurements of Your Bathroom [and given You a survey report], We will produce a Provisional Design in writing for the Bathroom and send it to you. [The Provisional Design may include alternative suggestions between which you may choose]. The Provisional Design will include the following elements:

1. Description and details of the Design 
2. Floor plan for the re-design of the room
3. Elevations
4. Lighting plan
5. List of types of parts required for the Design (bath, shower, washbasin/s, toilet, bidet, cabinets, appliances, hot water tank, immersion heater, parts etc.)
6. Photo-realistic 3D visuals
7. <<Insert further or other details>>. 

[The Provisional Design will also include an approximate budget for its implementation by Us but it will only be indicative because an exact budget cannot be produced until You have approved a Final Design and We have given You figures for a Quoted Price for the necessary Fitting and/or Supply Services. If You instead intend to engage any third party/ies to implement the Final Design (or an version of a Provisional Design), You should not treat the approximate budget as even indicative of possible costs of implementation.] 

The Provisional Design will only be Our interpretation of Your requirements based on initial information. It will be Our initial suggestion[s] for design of the Bathroom, and it is intended to form the basis for further discussion with You and to be subject to subsequent changes to meet Your requirements. The initial and any subsequent versions of Provisional Design will not be final or suitable for use for the purpose of providing any Fitting and/or Supply Services or for You to carry out (or arrange to carry out) any similar works. 

Final Design

Once You have considered the Provisional Design We will then develop it through further discussions with You and receipt of any further information or requirements from You. We may, as part of that process, provide You with further suggestions, information and/or materials. 

Only when We have confirmed in writing to You that a particular version of the Provisional Design that we have issued to You is final and You have also signed it to indicate Your approval of it, will it become the Final Design which can be implemented.

All versions of Our Provisional Design and all designs, illustrations, descriptions or other items contained in either any sales literature or other material or on our website are only intended to be for general illustrative purposes and We do not represent, warrant or undertake that the Final Design will include or match anything in any such items. 

When You to sign off a Provisional Design as the Final Design, it will supersede and replace all versions of Our Provisional Design and all information, materials and requirements which You or We have previously communicated to each other.  

Once You have signed-off a final Provisional Design as the Final Design, We will not be responsible if the Final Design does not fully and correctly reflect Your requirements. Therefore, if You are unsure of any aspect of the design, measurements or any technical or other aspect of the design contained in the final Provisional Design, You should raise any query with Us to enable Us to have an opportunity to clarify any Matter and/or amend that final Provisional Design if it is necessary to do so. When You sign the final Provisional Design, that will be Your approval of it and Your confirmation that it meets Your requirements. The Final Design as approved by You will form the basis of any Fitting and/or Supply Services that We provide to You. When You sign the Final Design that will be completion by Us of the Design Services.

Ownership of Rights

Any intellectual property rights in any and all parts of any draft or final Provisional Design, Final Design or any other items or information which We give to You in hard copy or electronic form at any time shall at all times remain Our exclusive property. You or someone on Your behalf may use any such items or information for the sole purpose of implementing Our design for Your Bathroom but You may not copy, reproduce or communicate to any third party any such item or information or use it for any other purpose without Our prior written consent.

SCHEDULE 2

FITTING SERVICES – ADDITIONAL TERMS AND CONDITIONS

The following additional Terms and Conditions apply where We provide You with any Fitting Services (see Clause 7)

General

If You order Fitting Services and We produce a final Provisional Design which You then approve as the Final Design by signing a copy of it, We will then carry out the Fitting Services provided that you comply with your obligations under the Terms and Conditions. 

If You (or a third party on Your behalf) produces a design for Your Bathroom, We will only provide Fitting Services for You based on it if We specifically agree in writing to do so. If You ask Us to implement any such design, You will need to provide Us with a detailed plan of it with Your Order and We will then confirm in Our discretion whether We are prepared to implement it. (We may decide that We are not able to do so or that Your plan lacks the necessary detail or is unsuitable.) If and when We are prepared to implement it, We will issue a Quotation for Fitting Services based on Your detailed plan and will treat it for the purposes of the Agreement as a Final Design (i.e. a design approved by You). 

We undertake that We will fit the Products which We supply to You, if any, together with items (whether appliances or other items) supplied by You, if any, which We have agreed are to be covered by the Fitting Services. 

We undertake that Our Fitting Services will fully and correctly implement the approved Final Design. 

All Products that We use in the Fitting Services will match the Final Design, but We do not represent, warrant or undertake that any such Products will match anything in any designs, illustrations, descriptions or other items contained in either any of Our sales literature or in other material or on our website. All of those designs illustrations, descriptions and other items are only intended to be for general illustrative purposes.

Scope of Our Fitting Services

We will do the following:

• assemble, fit, install and plumb in the bathroom Products that We supply (including bath, shower, shower tray and cubicle, washbasin, toilet, bidet, taps, cupboards, vanity units, shelves, kickboards, cover panels, hot tank, immersion heater, washing machine, tumble dryer).
• where You provide appliances (e.g. water heater, hot tank, immersion heater, washing machine, tumble dryer) which We have agreed to fit, We will complete basic appliance installation if electricity is already in place, but We are not responsible for the selection, supply, suitability, condition or performance of any [such appliances] [appliances that We do not supply as part of the Products].
• where You supply any other items which We have agreed to fit, We will fit them but We are not responsible for the selection, suitability, condition or performance of any such items.
• fit basins into vanity units etc., (including cutting-out of the unit).
• seal all joins and cut-outs. Unless We have specifically agreed otherwise in writing, We shall select the sealant colour on the basis of what we deem most suitable.
• <<Insert any further details>>

Delay

We may reasonably refuse to start work or We may suspend work where You do not comply with your obligations under the Terms and Conditions. You will be responsible for any delays (and the cost of any such delays) which arise as a result.

If it appears that any wall is incapable of holding any Product/s or other items that We are to fit, or any utility supply or connection is unsafe, faulty, flawed or inadequate or of poor quality, We may suspend work until You have had the necessary remedial works carried out.

Care of Property and Damage etc.

Contents at the Property other than in the Bathroom

We will take all reasonable steps to protect Your furniture, furnishings and wall and floor coverings in the Property (and that will include Our placing covers over them if and as reasonably practicable) but We cannot take responsibility for any damage which is caused to those items if We have taken such steps. We will not take responsibility for any damage occurring to any items that You leave in place after We begin work where We have previously advised You that they are at risk and/or an obstacle to our work and We have reasonably asked You to move them. 

Contents in the Bathroom 

We will not take responsibility for any damage occurring to any property that You leave in the Bathroom after We begin work in it. 

Damage to Bathroom

We will not be responsible for any damage that We cause to plastering, tiling, decoration, floor, ceiling, door or window in the Bathroom resulting from Our removal of existing fitted cupboards, shelves, vanity units, baths, showers, shower trays or cubicles, washbasins, toilets, bidets, hot tanks, immersion heaters, washing machines, tumble dryers, lighting, fixtures, fittings or decorations in the Bathroom except where it is due to Our negligence. Unless We have included under “Scope” above any work comprising plastering, painting, papering, tiling, decoration, or ceiling, flooring, window or door removal or installation or other work, We will not be responsible to carry out any such installation or work in the Bathroom.  

Other damage

We will make good at Our own expense any damage that We cause in the course of carrying out the Fitting Services to the plaster, floor, ceiling, walls, rendering or brickwork immediately surrounding any area of the Bathroom, but We do not undertake to replace specialised finishes, such as artex, or surrounding wallpaper or paintwork.

Cleaning and Redecorating 

You will be responsible for any cleaning and redecorating (but not removal of waste) which is necessary to the Bathroom after We have completed the Fitting Services.

Making good: general

Except as set out above:

1. We will ensure that the carrying out of the Fitting Services does not cause any damage to items at the Property, to the Property itself or to any items You provide for Us to fit; and
2. If it does cause any such damage We will make it good at Our own expense as soon as is reasonably possible.

Structural or other defects 

We do not accept any responsibility for any damage to the Bathroom or any other part of the Property resulting from structural or other defects in the Property. You must inform us of any structural defects or anomalies at the Property which might affect or be affected by the Fitting Services.

Security

We will, where necessary, provide temporary glazing and/or boarding to protect the interior of the Bathroom from the elements.  We will also advise You of any security risks associated with these temporary materials.

Waste

We will properly manage and arrange the safe and lawful disposal of all waste generated or removed from the Property that results from Our provision of Fitting Services. 

Your Additional Obligations and Responsibilities

You agree that, in addition to Your other obligations and responsibility under the Terms and Conditions, You:

• are responsible for ensuring before We begin any Fitting Services that, and You warrant that:
  • the Final Design complies with current building and council regulations, and that You have obtained consents in relation to these regulations, and agree that any costs incurred in obtaining these consents will be payable by You.
  • You have applied for and obtained any consents, licences or other permissions if any are needed from any third parties such as landlords, planning authorities, local authorities or similar. 
  • any appliance, accessory, component or other item supplied by You for Us to fit is suitable for use with the Products and other items that We provide. 
  • existing wiring, gas, water and waste pipe work within the Property is generally of a legal and good workman-like standard, 
  • You have located and advised Us of any hidden wiring or pipe work.
• must provide Us with all necessary technical details in writing of appliances and other items which You provide to Us to fit (including without limitation appliance dimensions) necessary for their proper and safe installation.
• must clear the Bathroom site of all property (other than items We are to fit) prior to Us commencing work. This includes any old freestanding bathroom cupboards or units except where We have specifically agreed to remove and clear these.
• allow us to store or keep in the Bathroom [or elsewhere in or at the Property] at times when we are not carrying out the Fitting Services:

• Our Products and materials that form part of the Supply Services; and
• the tools and other equipment needed for the Fitting Services

1. accept and agree that:

• once We have left any Products or materials at Your Property, they will be regarded as delivered to You and You will be responsible for them and will account to Us for any loss or damage to them except if We cause the loss or damage; and
• You will be responsible to take care reasonable care of the tools and other equipment and will account to Us for any loss or damage occurring to them due to Your negligence or that of any other occupant of or visitor to the Property.
• are responsible for ensuring that:

• We have access through the Property and to the Bathroom at the Agreed Times and that such access is and remains appropriate and adequate.
• We have a parking permit (for a visitor to the Property) which We can use throughout the time We are providing the Fitting Services if required or imposed by a local or other authority.
• We can access and use electrical power from electrical outlets (from normal 220/240 volt 3-pin sockets).
• We can access and use water from a supply of hot and cold running water.
• We can use your toilet and washing facilities.
• We have and can use such facilities at the Property as may be reasonably necessary for Us to carry out and complete the Fitting Services.
• You follow Our reasonable instructions relating to safety and the state of either Our work (whether it is work completed or in progress) or the Bathroom and adjacent areas of the Property in general, including directions and restrictions on appropriate usage, care and maintenance.
• You co-operate with Us generally as may be necessary to facilitate Our carrying out and completion of the Fitting Services

SCHEDULE 3

SUPPLY SERVICES – ADDITIONAL TERMS AND CONDITIONS

The following additional Terms and Conditions apply where We provide You with any Supply Services (see Clause 7)

Risk in the Products

The responsibility (sometimes referred to as the “risk”) for damage to or loss of any Product remains with Us until it has been physically delivered to Your Property at which point the risk will pass to You (even if Product is fitted later). 

Ownership and Retention of Ownership (“Title”) of Products

Until We have received payment in full in cash or cleared funds for any Product that We contract to supply to You, the legal and beneficial Title in that Product shall remain in Us (even if risk in that Product has passed to You). Upon payment for that Product, You will own it.

Our Right to Repossess Products Not Paid for by You

If We do not receive payment in cash or cleared funds of any properly issued invoice for any Product within the time which the Agreement permits You to pay it, We shall be entitled to repossess that Product without notice. If necessary, You must allow us to detach or remove that Product from any other Product/s or item/s in or forming part of the Bathroom. You hereby irrevocably authorise Us to enter Your Property for the purpose of exercising Our rights under this clause. This does not affect any other rights You may have.

SCHEDULE 4

SERVICES AGREEMENT

THIS AGREEMENT is made the       day of      

BETWEEN:

1. <<Name of Supplier>> [a company registered in <<Country of Registration>> under number <<Company Registration Number>> whose registered office is at] OR [of] <<Insert Address>> (“the Supplier” or “We” or “Us”) and

1. <<Name of Customer>> of <<Insert Address>> (“the Customer” or “You”))

BACKGROUND: 

1. The Supplier provides bathroom design and/or fitting and/or supply services to consumer clients and has reasonable skill, knowledge and expertise in that field.

1. The Customer wishes to engage the Supplier to provide the [design] OR [supply][and][fitting] services specified below (“the Services”).

2. The Supplier agrees to provide the Services to the Customer, subject to the attached Terms and Conditions and the terms of this Agreement.

IT IS AGREED as follows: 

1. The Agreement
   1. A legally binding contract between You and Us will be created when (and only when) the following have occurred:
      1. We have issued a signed Quotation to You in duplicate; and
      2. You have countersigned and return to Us one copy of it; and
      3. We have received any required Deposit; and 
      4. You and We have signed this Agreement.
   2. After that contract is created, We will attach a copy of the counter-signed copy of the Quotation to a copy of this Agreement signed by You and Us and We will provide You with that signed copy of the Agreement with the Quotation attached.
   3. This Agreement is subject to, and incorporates, the attached Terms and Conditions. 
   4. In this Agreement, words with initial capital letters have the same meaning as they have in the Terms and Conditions.
   5. We confirm and You acknowledge that on or before the date of this Agreement, We gave or made available to You the following information (save where such information is already apparent from the context of the transaction):
      1. The main characteristics of the Services; 
      2. Our identity and contact details; 
      3. The total amount payable for the Services including taxes or, if the total amount cannot be calculated in advance, the manner in which it will be calculated; 
      4. The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services;
      5. Our complaints handling policy;
      6. The duration of this Agreement, where applicable, or if this Agreement is of indeterminate duration or is to be extended automatically, the conditions for terminating it.
2. The Services
   1. We will:
      1. begin to provide the Services on the Start Date of <<Insert Date>>;
      2. aim to complete the Services by <<Insert Date>>;
      3. provide the Services during the Agreed Times of <<Insert Times>> or such other times as You and We may agree in writing;
      4. [provide the [Supply][and][Fitting] Services at the Property located at <<Insert Address>>] OR [provide the Design Services in relation to the Property located at <<Insert Address>>]  ;
      5. perform the Services in accordance with Clause 2.2.
   2. [We will provide the Design Services as stated in Schedule 1 of the attached Terms and Conditions. If, after We have held an initial consultation with You, You and We agree on the details of those services and on the sum payable for providing those services, and You then wish to proceed, those details and the sum payable will have been set out by Us in a Quotation in writing. If it has then been signed by You and We have attached it to this Agreement and We and You have signed this Agreement, then, subject to Clause 4 below, We will be bound to provide those services for that sum and You will be legally bound to pay for them.]

OR

3. [We will provide the Fitting Services as stated in Schedule 2 of the attached Terms and Conditions and those services will comprise the fitting of [those Products referred to below] [together with [appliances] [and other] items supplied by You].  If You and We agree on the sum payable for fitting the Products [and on the items to be supplied by You to be fitted by Us], and if You then wish to proceed, the sum payable will have been set out by Us in a Quotation in writing. If it has then been signed by You and We have attached it to this Agreement and We and You have signed this Agreement, then, subject to Clause 4 below, We will be bound to provide the Fitting Services for that sum and You will be legally bound to pay for them.]

AND/OR

4. [We will provide the Supply Services as stated in Schedule 3 of the attached Terms and Conditions and those services will comprise the supply of the Products necessary to implement the Final Design and the supply of any associated or incidental items or materials reasonably required as part of or in connection with the fitting of the Products. If We and You agree on the Products and associated or incidental items or materials to be supplied by Us and the sum payable for that supply, and if You then wish to proceed, the Products and other items and the sum payable for supplying them will have been set out by Us in a Quotation in writing. If it has then been signed by You and We have attached it to this Agreement and We and You have signed this Agreement, then, subject to Clause 4 below, We will be bound to provide the Supply Services for that sum and You will be legally bound to pay for them.]
5. You and We may agree in writing to vary the details in the attachments referred to in this Clause 2 from time to time by signing a written note of the variation concerned.
6. Price and Payment

You will pay the sum of £<<Insert Sum>> for the [Design Services] OR [[Fitting][and][Supply] Services]. This sum may be broken down as follows:

1. [£<<Insert Sum>> for provision of the Design Services];

OR

2. [£<<Insert Sum>> for provision of the Fitting Services];

AND/OR 

[£<<Insert Sum>> for provision of the Supply Services (including the Price for the Products)].

3. [Our standard hourly rate for any additional work (where We carry out such work which the Terms and Conditions state is to be charged at an hourly rate) is £<<Insert Sum>>].
4. <<Insert full details of other sums due (if any) as detailed in the Quotation>>
5. Waiver of Cooling Off Period
   1. By signing this Agreement You request Us to commence provision of the Services immediately and not to wait for the 14-day cooling off period referred to in Clause 13 of the Terms and Conditions to expire. 
   2. You acknowledge that if You exercise the right to cancel You will be liable to pay Us for the Services provided up until the point at which You inform Us of Your wish to cancel, as set out in Clause 13 of the Terms and Conditions.
   3. You acknowledge that You will lose the right to cancel if the Services are fully performed within the 14 day cooling off period.

SIGNED for and on behalf of the Supplier by:

<<Name and Title of person signing for the Supplier>>

__________________________________________________
Authorised Signature

Date: ____________

SIGNED by the Customer:

<<Full Name of Customer>>

__________________________________________________
Signature

Date: ____________

SCHEDULE 5

MODEL CANCELLATION FORM

To: <<Supplier to insert Supplier’s Geographical Address and, where available, Email Address>>

I/We (delete as appropriate) hereby give notice that I/we (delete as appropriate) cancel my/our (delete as appropriate) contract for 

[Design Services] 

OR 

[Supply] AND/OR 

[Fitting] Services 

dated <<   >>.

Name of consumer(s): <<   >>

Address of consumer(s): <<   >>

Signature of consumer(s): <<   >>

Date: 

[SCHEDULE 6

Attach copy Privacy Notice