Terms & conditions
INBUILD LTD – TERMS OF SALE (CONSUMERS)
Please read carefully all the Conditions before signing the Contract. The Seller intends that all terms of the Contract between the Customer and the Seller are contained in writing in this document. If there are any qualifications, or variations to these Conditions or any other applicable terms or special requirements, for the avoidance of doubt, please include them in the space provided overleaf.
These terms are in addition to any terms, conditions and qualifications of any operator of an insulation scheme or grant system.
Please retain a copy of these terms for future reference.
1.1 In these Conditions:
“Seller” means InBuild Solutions Ltd (Co. No. 1301932), the registered office of which is at Essex House, Josselin Road, Basildon, Essex SS13 1EL
“Customer” means the person who accepts an offer from the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.
“Goods” means any goods to be supplied or installed by the Seller to the Customer under this Contract, together with the related services.
“Conditions” means the standard terms and conditions set out in this document and (unless the context otherwise requires) includes any terms and conditions agreed in writing between the Customer and the Seller and included below.
“Contract” means the contract for the purchase and sale of the Goods between the Customer and the Seller; “writing” includes facsimile transmission and comparable means of communication.
“Property or Site” means the location to which the goods are to be provided.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as subsequently amended.
1.3 The headings in these Conditions are for convenience only and shall be construed as a reference to that provision as changed subsequently.
1.4 The copyright and all other intellectual property rights in any specification or other diagram, drawing or document (“document”) included in the Contract or any document or work created during or for the purpose of installation of the Goods shall remain the property of the Seller.
2. Basis of the sale
2.1 These Conditions form the basis of the contract between the Seller and the Customer.
2.2 The Seller may correct any incorrect spelling, calculation or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller, provided that the correction does not materially affect the Contract.
3. Orders and specifications
3.1 If the Customer wishes the Seller to carry out the works they shall notify the Seller and pay the minimum deposit required as stated in the quotation. Solar PV Deposits are protected by QANW DAWWI in required by the RECC consumer code.
3.2 No order submitted by the Customer shall be regarded as accepted by the Seller unless and until confirmed in writing by the Seller’s authorised representative.
3.3 The quantity, quality and description of, and any specification for the Goods shall be those set out in the Contract.
3.4 The Seller may make minor technical changes to the specification of the Goods, which will not be to the detriment of their function and will not affect the price.
3.5 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform to any applicable UK statutory or European law requirements.
4.1 The Customer is entitled to cancel the Contract, without liability to the Seller, if such cancellation is notified by the Customer to the Seller in writing within 14 days of the date on which the Contract was made. This is known as the ‘cooling off period’.
4.2 If the Customer cancels the Contract which has been accepted by the Seller for reasons outside of the clauses stated in these Terms and Conditions, the Customer will be liable for damages for breach of Contract. However, the Seller may agree in writing to the Contract being cancelled in such circumstances by mutual agreement. The Seller may make it a condition of agreement to such a cancellation that the Customer pays some or all of the Seller’s costs, losses and expenses caused by the cancellation and shall be entitled to use all or any part of any deposit paid by the Customer to set against such costs, losses and expenses. A Customer wishing to cancel should notify the Seller as soon as possible, so that efforts can be made to find an alternative buyer.
4.3 The Seller also has a right to cancel in the event of Force Majeure under Clause 10.
4.4 The Customer may cancel the Contract if the quotation is increased and the Customer notifies the Seller of its desire to terminate the contract within 14 days of receipt of notification of increase.
5. Price and Price Increases
5.1 The price of the Goods shall be the sum shown overleaf or attached. This is stated inclusive of VAT applicable at the time of quotation.
5.2 It is the Seller’s intention, where practical, to honour the price given for the supply and installation of Goods. If the relevant energy efficiency scheme should run out of funds (meaning that the Customer’s Contract can no longer be subsidised) or if the cost to the Seller of supplying the Goods is subsequently increased by reason of increases in the cost of materials and/or labour and/or any other factor outside the control of the Seller, then the Seller shall notify the Customer before undertaking any work to which the increase will apply and the Customer may require the Seller to discontinue the work and shall pay the Seller only for the work already carried out.
5.3 The quoted price does not include the cost of removing any dangerous waste material, such as asbestos, which could not have been reasonably foreseen when the Seller gave the original quotation and which the Seller became aware of only later. Such work will be at extra cost, the amount of which the Seller will agree with the Customer in advance.
5.4 If funding/grants or subsidies are applied to your quotation, then the Customer must ensure they meet the scheme requirements.
5.5 In the event of funding being withdrawn by the funding providers, clause 5.2 applies.
6. Terms of payment
6.1 The Customer shall pay a deposit as specified in the quotation on placing the order.
6.2 The Seller will invoice the Customer for the price, or the balance of the price of the Goods immediately when or at any time after the Seller has delivered or installed the Goods to a satisfactory nature.
6.3 The Customer shall pay the balance on completion of the installation of the Goods, either by debit card, cheque or direct bank transfer. Payment by credit card will incur a charge of 2½%. The time of payment of the price shall be of the essence of the Contract (meaning that the Seller can by notice terminate the Contract if the price is not paid on the due date and sue the Customer for damages.)
6.4 If the Goods are to be paid for in whole or in part by any form of finance agreement then, provided the Customer’s application for a loan is accepted by the finance company unconditionally, the Customer will sign the finance company’s completion note immediately on completion of installation of the Goods. If the finance company rejects the Customer’s application for whatever reason, then this Contract shall become immediately null and void, unless, on notification of the rejection, the Customer chooses to pay by other means, which are acceptable to the Seller.
6.5 If the Customer fails to make any payment on the due date then, in addition to any other right or remedy available to the Seller, the Seller shall be entitled to charge the Customer interest (both before and after any judgement) on the amount unpaid, at no more than 3% above the Bank of England base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest). This means that the Customer will continue to be liable for this interest on any sums the Customer has not paid even if a court orders payment of any judgement sum to be by instalments.
7. Delivery and Installation
7.1 Delivery of the Goods shall be made by the Seller delivering the Goods to the place stated in the Contract. The Seller’s price includes delivery and insurance of the Goods during delivery.
7.2 Any dates quoted for installation of the Goods are approximate only. Adverse weather can affect the installation process; we will not install render if the temperature falls below or is likely to fall below 5°C or if there is rain. If installation does not occur within 4 weeks of the date agreed by the Seller, then subject to clause 7.3, the Customer may claim £5.00 per day for each subsequent day on which the Goods are not made available for delivery from the Seller, up to a maximum of £150.00, based on a further 30 days’ delay, provided the delay is due to the fault of the Seller, its employees, agents or sub-contractors. (Please also see 10.1)
7.3 The Customer will assume responsibility for any Goods delivered by the Seller to Site.
7.4 If for any reason upon delivery the Customer is not satisfied with the Goods, the Goods should either be rejected on delivery, or if a fault is found within a reasonable time subsequent to delivery, the Seller will (subject to confirmation of the fault) exchange the Goods. The Customer must notify the Seller of any such fault or damage as soon as reasonably possible.
7.5 The Seller shall be flexible in terms of agreeing dates and changes to the timetables.
8. Risk and property
8.1 Risk of damage to or loss of the Goods shall pass to the Customer (and the Customer should insure accordingly) at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when the Seller has presented the Goods for delivery.
8.2 The legal title to any Goods will pass to the Customer as soon as they have paid for those Goods. In relation to the initial deposit, the legal title to that portion will pass immediately to the Customer.
8.3 Until such time as the property in and ownership of the Goods passes to the Customer, the Customer shall hold the Goods as the Seller’s fiduciary agent and bailee (essentially, on behalf of the Seller and in a position of trust), and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as the Seller’s property.
8.4 Where the Goods are loft insulation, until such time as the property of the Goods passes to the Customer, the Seller shall be entitled to at any time, require the Customer to return the Goods to the Seller.
9. Guarantee and Liability
9.1 The Seller will provide the Goods with the benefit of any guarantee offered by the manufacturer or any system guarantee.
9.2 The Seller warrants that the installation of Goods installed will be completed to a reasonable standard and that the works will be completed by suitably qualified representatives to the standard specified in the relevant Agreement Certificate where applicable to a reasonable standard where the works do not involve the application of cavity wall insulation. The Seller reserves the right (under the instructions of the material manufacturer) to update and/or improve upon the installation and to provide the works to the standards specified in such Agreement Certificate as may be ruling at the time of the completion of the works.
9.3 So long as the Customer does not buy or purport to buy the Goods in the course of a business, the statutory rights of the Customer under sections 12 to 15 of the Sale of Goods Act 1979 are not affected by these Conditions. If the Customer has any doubts as to what his statutory rights are, they should contact their local Trading Standards Department or Citizens Advice Bureau.
9.4 The Customer warrants that they will only use the Goods in accordance with any ‘instructions for use’ or similar documents provided by the Seller and will not use them for a purpose for which they were not designed.
9.5 The Seller accepts liability for death or personal injury caused by its negligence, or if it is liable under the Consumer Protection Act 1987.
9.6 The Seller accepts no liability for any loss or damage caused by any pre-existing structural defects.
9.7 The Seller is responsible for losses the Customer suffers as a result of the Seller breaking this Contract if the losses are a foreseeable consequence of the Seller breaking the contract. Losses are foreseeable where they could be contemplated by the Customer and the Seller at the time the Goods were purchased. The Seller is not responsible for indirect or consequential losses or damage which happens as a side effect of the main loss or damage and which are not foreseeable by the Customer and Seller (such as loss of profits or loss of opportunity).
9.8 The Seller’s liability shall not in any event include losses, costs, expenses or liabilities related to any business of the Customer such as lost profits or business interruption.
9.9 The Seller will not be liable under this Contract for any loss or damage caused by the Seller or the Seller’s employees or agents in circumstances where:
9.9.1 There is no breach of a legal duty of care owed to the Customer by the Seller or by any of the Seller’s employees or agents;
9.9.2 Such loss or damage is not a reasonably foreseeable result of any such breach; or
9.9.3 Any increase in loss or damage results from breach by the Customer of any term of this Contract.
9.10 The Customer should consider obtaining insurance cover if potential loss and damage which the Customer may suffer is not covered by the Seller in this clause.
9.11 In the event of legal action for breach of the obligation to make payment, the Customer will be responsible for all costs allowable by the courts if an award is made in favour of the Seller.
10. Force Majeure
10.1 The Seller shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control (termed an event of “Force Majeure”).
10.2 Where an event of Force Majeure occurs, the Seller will keep the Customer informed of all developments and, if the Force Majeure results in any unreasonable delay in the delivery, liaise with the Customer regarding cancellation of the Contract or performing it in some other way.
10.3 If the event of Force Majeure prevails for two consecutive months or more, the Customer may, by notice to the Seller, cancel the Contract. In the event of such cancellation, the Customer shall be entitled to the refund of any deposit paid, less the reasonable costs of the Seller for processing the order and dealing with the Contract (subject to a maximum of 10% of the deposit paid).
11. Insolvency of Customer
11.1 The clause applies if the Customer makes any voluntary arrangement with his creditors or becomes bankrupt or if another person legally takes possession or control of any of the property or assets of the Customer or the Seller reasonably believes that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
11.2 If this clause applies, then, without prejudice to any other right or remedy available to the Seller, on the Seller giving written notice, payment of any outstanding balance of the price shall be due on the date 7 days from the date of the notice, save that if the Goods have already been delivered but not paid for, payment shall become due immediately on the giving of such notice. Failure to make payment will entitle the Seller to terminate the Contract and claim damages from the Customer.
12.1 Any notice to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its address stated below, or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. Notices may be given by hand (taking effect immediately on delivery) or by first class post (taking effect two working days after posting), Email or by facsimile (taking effect immediately, provided a transmission reports to a number of the intended recipient can be produced).
12.2 No waiver or release by the Seller of any breach of the Contract by the Customer shall be considered as a wavier or release of any subsequent breach of the same or any other provision.
12.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
12.4 The Customer has no right to assign or transfer its rights under this Contract, except that the benefits of the Contract are assignable on the change of ownership of the building in which the goods are installed.
12.5 No person other than a party to the Contract shall have any rights under it.
13.1 The Contract shall be governed by the laws of England, and the parties shall submit any dispute to the exclusive jurisdiction of the English courts, provided that, if the Customer is a consumer living outside England and Wales, relevant United Kingdom law will apply to the Contract and the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to the Contract.
14. Cavity Wall/Loft Insulation Specific Terms
14.1 The Seller reserves the right to cancel the Contract without any liability to the Customer if the representatives of the Seller sent to examine the building/structure or to install the Goods in the building/structure are of the opinion that the building/structure is unsuitable for insulation using the Seller’s standard techniques or that safe access to any part of the building/structure cannot be obtained using equipment normally employed by the Seller.
14.2 The Seller reserves the right to cancel the Contract without liability to the Customer if the representatives of the Seller discover any evidence of vermin infestation, endangered/protected species.
14.3 On the date agreed with the customer for completion of the works, the Customer agrees to ensure that the Seller and its employees or agents have full and free access to the premises to complete the works and to provide to the Seller, its employees or agents free and uninterrupted use of electricity and water.
14.4 The Customer must give written notice within 7 days of any damage caused by the Seller’s employees or representatives during installation of the goods.
14.5 Occasionally, roof space ventilation is assisted by air movement from wall cavities. The Seller will use reasonable endeavours to establish if this is likely to be the case and to advise if additional roof space ventilation is recommended in conjunction with the installation of cavity wall insulation. However, the Seller accepts no responsibility or liability for subsequent condensation which may occur. The Customer accepts full responsibility for the cost of any necessary additional roof space ventilation.
14.6 The installation of cavity wall insulation involves drilling, which causes vibration and dust. The Customer must ensure that any items in or about the property which are likely to be affected by such vibration and dust are removed before the works are commenced and the Seller shall have no liability in respect of any loss or damage arising as a result of the Customers failure to remove such items.
14.7 Where the external wall ends at a lower height than the internal wall, condensation may occur in the area where there is no cavity as a result of this being a potential cold spot. The Customer accepts full responsibility for the cost of providing additional insulation to the external surface of this internal wall (should the need arise).
14.8 Where the Property has a rendered or coloured finish to the areas being drilled, the Seller offers a choice of “touching in” from their standard range of colours. If the customer has, or can obtain, some of the original finish for use on the day of installation this will be applied as an alternative. External finishes “weather” and the Seller can therefore not guarantee an exact match to the original finish.
14.9 The Seller may in the course of insulation find structural defects or poor workmanship present at the Property. The Seller will notify the Customer of any such structural defect or poor workmanship, but unless the Seller is unable to complete the works as a result of such structural defect due to poor workmanship, the Seller shall complete the works in accordance with the quotation.
14.10 The Seller will not under any circumstances be responsible for any damage caused by such structural defect or poor workmanship. The provision shall not absolve the Seller from any liability arising out of negligence of the Seller, its employees or agents.
14.11 The Seller warrants that the Goods installed shall be provided with reasonable skill and care. Any complaint regarding the installation or notice of any claim regarding the work carried out by the Seller must be made in writing to the Seller’s office on discovery of the defect. The Seller shall not be responsible for any loss or damage caused to the Customer or to the Property other than caused by the negligence of the Seller or its employees or breach of Contract by the Seller.
14.12 A guarantee shall be issued to the customer on completion, subject to all monies due to the Seller having been paid. The guarantee does not affect the Customer’s statutory rights relating to faulty or mis-described goods installed or provided. If you have any doubts about your statutory rights please contact your local Trading Standards Department or Citizens Advice Bureau.
14.13 Where cavity wall insulation is being provided as part of the construction of a new property:
- The external walls must satisfy all the requirements of BS 5628, Part 3; 1985 Code of Practice for use of masonry – Materials and Components, Design and Workmanship and Chapter 6.1 – External Masonry Walls – of the NHBC Standards. Copies of these documents can be inspected at the Seller’s head office.
- Mortar used in external wall construction must not be prepared with plasticisers containing surfactants.
14.14 Where the installation occurs under the framework of Green Deal or the Green Deal Home Improvement Fund, the seller will provide a guarantee of 25 years.
14.14.1 Where the installation occurs under the framework of Green Deal or the Green Deal Home Improvement Fund, the seller will ensure that disputes arising in connection with the guarantees can be referred to a mediator where the Seller and the Customer cannot reach an agreement within 28 days. The mediator is to be appointed and paid for by the Seller.
15. Solid Wall Insulation Specific Terms
15.1 The Seller reserves the right to cancel the Contract without any liability to the Customer if the representatives of the Seller sent to examine the building/structure or to install the Goods in the building/structure are of the opinion that the building/structure is unsuitable for insulation using the Seller’s standard techniques or that safe access to any part of the building/structure cannot be obtained using equipment normally employed by the Seller.
15.2 The Seller recommends that the Customer seeks approval from Building Control before work commences to ensure that the External Wall Insulation system complies with current Building Regulations and Planning. Signature of the Acceptance Letter confirms that the Customer has taken responsibility for ensuring that any necessary applications have been submitted and approved.
15.3 It is the responsibility of the Customer to seek approval from neighbours where access to the neighbouring property is required for scaffolding, or where any boundary fencing has to be removed for access purposes, or for any other reason that may affect the neighbouring property in any way.
15.4 It is the responsibility of the Customer to arrange for any mains electrical cables to be moved prior to installation should this be necessary. The Customer shall bear the cost of any such work.
15.5 Any building work, such as window replacement, should be completed prior to the installation of External Wall Insulation. Any such works undertaken after installation may adversely affect the finish of the render.
15.6 Should a Pull-out Test be required, this will be organised by the Seller prior to installation. There is no additional charge for this test.
15.7 Should an ACOPS test be required, the Seller will require access to the property to carry out the test prior to installation. This is a ventilation check for fuel burning appliances; if there is one present in the property, this check is mandatory to ensure the appliance is suitably ventilated. There is no additional charge for this test.
15.8 The Customer should select a colour for the render from the standard range. The coloured render will not be ordered until the Customer has approved the colour choice. From the time that the Customer confirms the colour, a minimum of 15 days is required prior to commencement of works.
15.9 On the date agreed with the customer for completion of the works, the Customer agrees to ensure that the Company and its employees or agents have full and free access to the premises to complete the works and to provide to the Company, its employees or agents free and uninterrupted use of electricity and water.
15.10 The insulated render system can only follow the line of the constructed walls; no allowance has been made to correct any wall that is not square or level.
15.11 The insulated render will be installed from DPC to the roof line, or to the agreed termination point.
15.12 Any elements that do not form part of the wall must either be removed or adjusted to suit the additional wall thickness.
15.13 The insulation system may partially cover window, door reveals and rafter feet details.
15.14 Prior to commencement of the installation, the Seller will apply window and floor protection as necessary.
15.15 The preparatory and re-instatement works are as per the Seller’s survey sheet.
15.16 Following the installation of external wall insulation, nothing should be fixed to the outside walls (lights, hanging baskets etc). Any scaffolding erected post installation should not be tied in to the external render.
15.17 The Customer must give written notice within 7 days of any damage caused by the Seller’s employees or representatives during installation of the goods.
15.18 The Company will not under any circumstances be responsible for any damage caused by structural defect. The provision shall not absolve the Company from any liability arising out of negligence of the Company, its employees or agents.
15.19 The Company warrants that the services shall be provided with reasonable skill and care. Any complaint regarding the installation or notice of any claim regarding the work carried out by the Company must be made in writing to the Company’s office on discovery of the defect. The Company shall not be responsible for any loss or damage caused to the Customer or to the Property other than caused by the negligence of the Company or its employees or breach of Contract by the Company.
15.20 A guarantee shall be issued to the customer on completion, and is subject to all monies due to the Seller having been paid. The guarantee does not affect the Customer’s statutory rights relating to faulty or mis-described goods or services provided. If you have any doubts about your statutory rights please contact your local Trading Standards Department or Citizens Advice Bureau.
15.21 Where the installation occurs under the framework of Green Deal or the Green Deal Home Improvement Fund, the seller will provide a guarantee of 25 years, and in addition, and insurance policy covering the guarantee.
15.21.1 Where the installation occurs under the framework of Green Deal or the Green Deal Home Improvement Fund, the seller will ensure that disputes arising in connection with the guarantees can be referred to a mediator where the Seller and the Customer cannot reach an agreement within 28 days. The mediator is to be appointed and paid for by the Seller.
16. Special Terms
16.1 These terms are to be read in conjunction with any special terms highlighted in the Sellers quotation.