Terms & Conditions
All customer orders are accepted under these terms and conditions.
1. A deposit payment of 60% of the quotation total will be payable no later than four weeks prior to any scheduled work commencing. The 40% balance including any additional labour & materials is payable on completion of the work/s. There maybe on certain occasions where the agreed deposit payment and deposit balance may changed. This will be agreed with the customer during the initial discussions.
2. Prior to any work commencing, Aqua360 Bathroom Renovations Ltd will inspect existing cold/hot water storage capacity, including pumps that may be required, based on the current/future demand at the property. This may not be evident until work/s have started, and recommendations may be made once work/s begin.
3. Decorating of areas outside the work/s area are not included within the scope of the work/s.
4. Final payment is payable by the customer when all work is completed as per the accepted Quotation. An invoice will be issued by Aqua360 Bathroom Renovations Ltd once work/s are completed.
5. Final payment cannot be withheld or part-paid, in the event of any items supplied by Aqua360 Bathroom Renovations Ltd or the customer, being faulty, not working or having defects which were not evident at time of supply/fitting. All goods supplied by Aqua360 Bathroom Renovations Ltd prior to the final invoice, remain the property of Aqua360 Bathroom Renovations Ltd, until the customer has settled the final invoice in full.
6. Customer supplied accessories will be fitted as agreed within the duration of the main work/s. A charge for fitting will be applied if these items are requested to be fitted following completion of the work/s by the customer.
7. Any defective/faulty items supplied by Aqua360 Bathroom Renovations Ltd will be replaced, provided they are still covered under warranty with the relevant manufacturer.
8. All deliveries made to the customers address should be stored in a dry and safe environment. Aqua360 Bathroom Renovations Ltd will not be liable for items damaged if items have been stored in an unsafe location. Any items damaged due to poor storage by the customer shall be replaced by the customer.
9. All electrical work/s undertaken are subject to NICEIC compliance. The completed installation will be tested on completion and the installation will be registered on-line with NICEIC by electricians and all electrical certificates will be sent direct by them to the customer following completion.
10. Rubbish removal of all customer rubbish and waste will be arranged by Aqua360 Bathroom Renovations Ltd, on behalf of the customer. This will usually be a Licensed Waste Transfer Contractor. This charge is included in our quote.
Design, Drawings and Installation
11. All drawings and designs supplied by Aqua360 Bathroom Renovations Ltd are for illustrative purposes only and Customer hereby acknowledges and understands that a technical site survey is recommended in order for Aqua360 Bathroom Renovations Ltd to clarify and confirm measurements and specification of such drawings and designs.
12. Upon acceptance of a design and where Aqua360 Bathroom Renovations Ltd provide the Services, Aqua360 Bathroom Renovations Ltd will carry out a technical site survey and confirm any changes that may be needed in order to complete the Services. This may include, but shall not be limited to, adaptations to Your existing cold and hot water supplies or electric supplies during and after installation Services. Aqua360 Bathroom Renovations Ltd agrees to use all reasonable endeavors to inform You of any such adaptations and You understand and agree that additional charges may be necessary. In any event, Aqua360 Bathroom Renovations Ltd shall notify You of any such changes in advance and provide You with a revised quote and both parties shall agree in writing such changes, including any additional charges.
13. Upon payment of the deposit in accordance with clause 1, Aqua360 Bathroom Renovations Ltd shall arrange with You an installation date. These dates are estimates only and You acknowledge that the date may be subject to change due to circumstances beyond Aqua360 Bathroom Renovations Ltd reasonable control. Aqua360 Bathroom Renovations Ltd agrees to use all reasonable endeavors to give You as much notice as possible in the event of any changes.
14. The point at which Aqua360 Bathroom Renovations Ltd confirms an installation date with You, you understand and agree that no further changes may be made to the original design without incurring additional costs and possibly a delay in the delivery and performance of the Services. Aqua360 Bathroom Renovations Ltd requires You to acknowledge acceptance of the final design and installation plan a minimum of 6 weeks prior to installation commences.
15. You understand and acknowledge that all installation dates and completion dates are estimates only and completion may take longer than originally anticipated and You agree to use all reasonable endeavors to ensure uninterrupted access to the property, where possible, in order for Aqua360 Bathroom Renovations Ltd to perform and complete the Services in a timely manner.
Changes and Termination.
16. Aqua360 Bathroom Renovations Ltd is not obligated to do any work not specified in the installation specification.
17. Aqua360 Bathroom Renovations Ltd shall be entitled to terminate this Agreement and all works shall cease immediately in the event of failure to make payment in accordance with clause 5 above however You shall remain liable for all costs due and payable up to the date of termination.
18. Ordering mistakes by You with regards to size, colour or specification, for example, will not constitute grounds for cancellation or termination by You.
19. If materials specifications are changed by the customer during the renovations additional fees may be incurred as some products are non-returnable. The customer will pay the additional costs for the replacement materials.
Limitations of Liability
20. Nothing in this Agreement will limit or exclude Aqua360 Bathroom Renovations Ltd liability for: (i) fraud or fraudulent misrepresentation; (ii) death or personal injury caused by its negligence; or (iii) gross negligence or willful misconduct.
21. Aqua360 Bathroom Renovations Ltd shall be responsible for loss or damage You suffer that is a foreseeable result of our breach of this Agreement or our negligence, but Aqua360 Bathroom Renovations Ltd is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by You and Aqua360 Bathroom Renovations Ltd at the time of entering into this Agreement. Subject always to clause 20. above, Aqua360 Bathroom Renovations Ltd shall not be liable for:
(i) loss of profits or revenue;
(ii) loss or damage to business or reputation; (iii) loss of anticipated savings;
(iii) loss of or damage to goodwill;
(iv) loss of use or destruction of data or information; or
(v) cost of procuring substitute goods or services, and for the purposes of this clause, the term “loss” includes partial loss or reductions in value as well as complete or total loss.
Use of Your Data
22. We may from time to time collect personal data supplied by You in the course of ordering, registering, or using our Goods or Services, for example names and contact details (including contact names, geographic/billing addresses, email addresses and telephone numbers). Aqua360 Bathroom Renovations Ltd shall process Your personal data in accordance with the Aqua360 Bathroom Renovations Ltd Privacy Policy.
General.
23. Prior to commencement of a delivery or an installation, you agree to make all reasonable efforts to clear a space for the Goods to be stored and/or skip as advised by Aqua360 Bathroom Renovations Ltd.
24. Access will be required to various areas of your property during installation, please ensure these are kept clear from obstructions.
25. If any part of this Agreement is held to be invalid or unenforceable under applicable law, it shall be omitted from the Agreement without invalidating the remainder of the Agreement.
26. You may not assign or transfer any or all of Your rights or obligations under this Agreement without Aqua360 Bathroom Renovations Ltd prior written consent.
27. A waiver of any right under this Agreement or law is only effective if it is in writing and shall not be deemed to be a waiver of subsequent breach or default.
28. The Parties do not intend the Contract (Rights of Third Parties) Act 1999 to apply to this Agreement and its operation is hereby expressly excluded.
29. All notices given by one Party to the other shall be in writing and will be effective upon delivery when delivered via special delivery or when sent to You by email using the email on record for You.
30. Except for actions for non-payment, no action, regardless of form, arising under this Agreement may be brought by either Party more than 28 days after the Party knew or should have known of the claim.
31. Aqua360 Bathroom Renovations Ltd shall comply with all applicable laws, regulations and sanctions relating to anti-bribery and anti-corruption.
32. In the event of a conflict between the terms of this Agreement and an Order, the terms of the Order shall prevail. This Agreement, together with any Order, contains the entire agreement between the Parties and supersedes and cancels any other agreements, whether oral or written.
33. All obligations to make payment shall survive termination or expiration of this Agreement for whatever reason.
34. This Agreement shall be governed by the laws of England and Wales and the Parties agree to submit to the exclusive jurisdiction of the English courts.