Our Policy Statement
Dean & Co are committed to providing the very best customer service possible and are pleased to offer a full after sales service. It is our wish to make an absolutely clear statement of intent to the customer, if any conditions of our quotation are not entirely clear the customer is asked to raise this immediately in order that we may deal with it appropriately and with all haste.
In these conditions the following words and expressions shall have the following meanings except where the context otherwise requires:
‘Contract’ means these conditions any order, the Quotations and shall include any other documents specifically referred to in any such documents as forming part of the Contract including any specification and/or drawings and/or instructions for use or installation; the Company means ‘Dean & Co’; ‘Customer means you the client; Products shall mean all goods materials and other Products supplied or due to be supplied by the Company to the Customer under the Contract and shall include all soft furnishings in the Company’s range; Quotations includes any quote estimate or specification given by the Company.
Unless otherwise specifically agreed in writing and signed by or on behalf of the Company these conditions shall be incorporated in every offer, Quotation, order and acknowledgement of order for the sale or supply of Products or services by the Company and conditions proposed by the Customer are hereby excluded unless specifically agreed to in writing.
3.1 Unless previously withdrawn the Quotation is available for acceptance for a period of 90 days from the date of such Quotation.
3.2 All Quotations given by the Company are deemed to be accepted when the Quotation is returned duly signed by the Customer or an official order form or written acceptance is received by the Company and thereupon a Contract shall exist.
3.3 Each Quotation when accepted by the Customer constitutes a separate Contract.
3.4 By signing the Quotation the Customer confirms that they have had notice of and accept these terms and conditions.
4. Terms of payment
4.1 Payment is due in full on completion unless otherwise stated.
4.2 The Company reserves the right to submit interim invoices for work carried out or in progress.
4.3 The Company reserves the right to request payment of up to 25% of the Quotation by way of a non-refundable deposit on account in advance with the balance payable on completion.
4.4 The Company shall be entitled to charge interest at the rate of 4% above the base rate of National Westminster Bank PLC or such other Bank as the Company shall in its absolute discretion decide on all sums due and unpaid.
4.5 All prices are inclusive of VAT unless otherwise stated.
5. Variation in Cost
Any price specified in the Quotation is subject to variation in accordance with the following provisions hereof save that where it is specified in the Quotation to be a fixed price Contract and such Quotation is accepted within the acceptance period specified in condition 3.
5.1 Should the Company incur increased costs owing to interruptions, delays, mistakes or other caused for which the Company is not responsible, or due to increased costs to the Company of labour, transport, collection of Products and materials or materials generally, or rates of insurance the Contract price shall be adjusted accordingly.
5.2 Should the Company incur increased costs between the date of its Quotation and order of Products to be supplied or installation of those Products owing to delay in starting the work or to suspension of the work due to the Customers instructions or inadequacy or absence of instruction, rectification of errors in drawings or specifications prepared by the Customer or through changes in the rates of taxation and/ or duties the increased costs shall be added to the Contract price payable accordingly.
5.3 The Company’s Quotation only includes such Products, accessories and works as specified or referred to therein.
6. Time is not of the essence
6.1 The dates or periods suggested by the Company for installation or delivery of Products are not of the essence of the Contract and is a best estimate based upon current commitments and conditions. The liability of the Company shall not extend to any loss of profit or consequential loss arising there from.
6.2 The Company will always try to start work on the day that has been mutually agreed. Sometimes these dates have to be rearranged and the Company reserve the right to do so.
6.3 Delivery times are dependent on the Products ordered and a best estimate shall be given by the Company at the point of ordering. Whilst every effort is made to meet stated delivery times the Company will not be held liable for delays often caused by ordering of Products hot held in stock or such other circumstances beyond their control.
7.1 The risk of any loss to, or damage to or deterioration of Products supplied by the Company (and whether or not to be attached to or in any construction or installation) from whatever cause arising shall be borne by the Customer as and from the date of due payment as specified in these conditions or, if earlier, the date of delivery.
7.2 The legal and beneficial ownership of the Products shall not pass to the Customer until payment in full of all sums due and owing by the Customer to the Company in respect of the Products.
7.3 The Company shall be entitled at any time prior to the passing of the legal and beneficial ownership of the Products to the Customer to the immediate return of all Products sold by the Company to the Customer( or the documents of title thereto) and the Customer hereby authorises the Company to recover the Products or documents and to enter any premises of the Customer and to detach the Products from and other goods or land to which they may have been attached Demand for or recovery of the Products or documents by the Company shall not in itself discharge either the Customers liability to pay the whole of the price and take delivery of the Products or the Company’s right to sue for the whole of the price.
This condition modifies and restricts certain obligations implied by law into Contracts for the sale of goods.
8.1 The Company shall at its own cost repair, make good or at its option replace any materials supplied that are defective due to defects in design within a period of four weeks from the date of delivery except where: a) The Customer has not as soon as reasonably practicable after becoming aware of the defect informed the Company in writing of its existence. b) The Customer has not paid in full all invoices delivered prior to the date of such written notice and due for immediate payment. c) The Customer permits other persons not approved or authorised by the Company to effect any replacement of materials in the Products. d) The Customer has not complied in a material respect with any instructions or other directions given by the Company or the manufacturer. e) Such Product supplied by the Company were installed in conditions deemed unsuitable oat the time of installation and the Company shall make it known to the Customer when it considers such circumstances exist. The decision of the Company as to said unsuitable conditions shall be final.
8.2 The liability of the Company to the Customer in respect of defective structural design, materials or workmanship or in negligence is as set out in these conditions and to the extent that any representation or any warranties or conditions whether statutory or otherwise exceed the limits of such suitability they are expressly excluded.
8.3 The liability of the Company shall not extend to any loss or damage suffered by the Customer due to causes beyond the control of the Company
8.4 No liability can be accepted for defects in Products supplied by the Company where they are used outside the limits of the specifications under which they were sold or are mistreated.
9.Made to measure service
The Company is proud to provide a made to measure service to the Customer. By consequent except in the case of a material defect under condition 8.1 hereof, it is a condition of the Contract that no request for refund, replacement Products, return of Products or amendment to the Quotation in any way can be accepted by the Company once an order has been placed with Company’s suppliers. The Company will always seed to accommodate the wishes of the Customer by sometimes, often due to non-returnable policies of the Company so suppliers this may not be possible.
10.Work on Site
10.1 All Products and materials on site, (whether fixed or unfixed) shall be a the sole risk of the Customer.
10.2 The site must be prepared by the Customer such that work may be commenced without delay.
10.3 Storage space, lighting and electrical supply for power tools, plant and other equipment must be made available on site by the Customer when so requested.
10.4 The Company reserves the right to refuse to install certain Products in their absolute discretion where it is considered that the conditions are not correct for installation.
The Company reserves the right to sub-Contract the fulfilment of any Quotation or any part thereof.
Should any condition or sub-clause of the Contract be held unenforceable of in conflict with any statue or other law any part so held unenforceable or invalid shall be severed from the Contract and the enforceability and validity of any other condition or sub-clause of the Contract shall not be affected by such severance.
Any Notice required to be given under this Contract shall be served by personal delivery of the same or by posting the same by ordinary first class or by recorded delivery post in a prepaid envelope or by telex or facsimile transmission addressed or transmitted to the principal place of business of the Customer or the Company (as the case may require) Any notice so given by letter shall be deemed to have been served 48 hours after it shall have been posted and any notice so given by telex or facsimile transmission shall be deemed to have been served when in the ordinary course of transmission it would have been received.
14.1 If the Company receive information from which it appears then the Customer may be unable to pay its debts the Company shall be entitled to demand security prior to delivery either be payment in cash or by a bank guarantee notwithstanding any terms of payment previously agreed and in the event that the Customer is unable to provide such security the Company shall be entitled to withdraw from the Contract without liability.
14.2 If the Customer shall make default or commit a breach of Contract or of any other of its obligations to the Company or if any distress or execution shall be levelled upon the Customers’ property or assets or if the Customer shall make or offer any arrangement of compositions with creditors or commit any act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented or make against him or if the Customer is a limited Company and any resolution or petition to wind up the Customers business (other than for the purpose of amalgamation or reconstruction ) shall be appointed then the Company may without notice: a) Suspend or determine the Contract or any unfulfilled part thereof and in such circumstances any time in the Contract for completion and delivery shall also be suspended. b) Stop any goods in transit and recover any goods or materials from the Customers’ premises for which payment has not been made in full in accordance with condition 7 thereof.
15. Governing Law
The Contract shall be governed by and construed in accordance with English Law.
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