Leeds: 0113 397 1994
Sheffield: 0114 230 0953
Worksop: 01909 542787
Nottingham: 0115 871 9866
fame | terms & conditions
1.1 In these Conditions the following expressions shall have the meaning set opposite them "The Company" "Fame Services UK Ltd" which shall include its officers employees and agents.
"The Customer" the person who's name is specified on the order form and shall include any person of whom the works are to be carried out at the customer's request. "The customer's premises" means any place at which the works are to be carried out at the customer's request. "The Price" shall mean the price of the works as specified on the order form. "The Works" shall mean the supply and installation at the customers’ premises of the goods described on the order form.
1.2 Any reference in these conditions in the masculine shall include the feminine and neuter and any reference to the singular shall include the plural and vice versa in each case.
1 .3 Clause headings are for ease of reference only.
2. Basis of Supply
2.1 Subject to the conditions contained herein, the customer agrees to purchase and the company agrees to carry out the woks at the customer's premises in accordance with any written quotation and or specification of the company.
2.2 No order shall be deemed to be accepted by the company unless and until confirmed in writing by the company and the agreement shall at all times prior to the commencement of the works be subject to:
2.2.1. The receipt of the deposit referred to in clause 5.
2.2.2. The result in any credit enquiry concerning the customer which the company shall in its absolute discretion choose to make being satisfactory to the company.
2.3 The company's employees and or agents are not authorised to make any representation concerning the works unless confirmed in writing by the company.
2.4 Except where the customer relies on the companies written advice it is the customers responsibility to satisfy himself as to the suitability of the works for his needs.
3. Consents and Access
3. 1 The customer shall at its own expense obtain all necessary consents for the works including (without limitation) building regulation and planning consents, consents from neighbours and mortgagees.
3.2 The customer shall give the company safe and unobstructed access to the customers’ premises for the purpose of carrying out the works and any other obligation of the company under this agreement. The company will carry out the works during its normal working hours but may on reasonable notice require the customer to provide access at other times.
4. Delivery and Installation
4.1 Where the works are to be carried out by any date specified by the company or the customer such date is to be treated as an estimate only and the company does not guarantee that the works will be carried out by such date, or accept any liability for failure to meet the date.
4.2 The customer shall:
4.2.1. Provide the company's personnel with adequate working space and facilities, and
4.2.2. Protect, take up or remove in time to allow the company to carry out the work any furnishings including, without limitation, curtain, carpets and furniture.
4.3. The company will take all reasonable care in carrying out the works but accepts no responsibility for damage to internal or external decorations, nor does the company undertake to decorate or match any interior or exterior finishes.
4.4. Any variations or additions to the works shall be charged for in addition to the price.
4.5. The company will, upon completion of the works, remove from the customers’ premises all rubbish and debris arising from the works.
5. 1. Payment shall be made by the Customer no later than the last day of the month following delivery. All cheques, postal orders or other forms of payment shall be made payable to Fame Services UK Ltd. In the case of dispute or legal proceedings the Seller's offices at the address shown on the invoice is to be deemed the place where payment is made. The Seller shall be entitled to charge and the Customer shall pay interest calculated under the rate set for the Late Payment of Commercial Debts (Interest) Act 1998 on any invoices not paid on time in accordance with this Clause from the date of issue of the relevant invoice or invoices.
5.2. If the Buyer fails to pay in full for goods delivered by the date for payment under Clause 6 above, the Seller shall be entitled to bring an action for the price not withstanding that properly in the goods and/or services has not passed to the buyer. We reserve the right to assert any further claims resulting from loss arising from default in any event. The legal and non-legal costs (whether or not legal proceedings are instituted) incurred for enforcing the claim and collecting the debt including the fees of the collecting agencies and solicitors shall be reimbursed to us.
6. Ownership and Risk
6.1 Any goods to be installed as part of the works delivered to the customers’ premises (or premises to which such goods are delivered at the customers’ request) shall from the time of delivery be at the customer's risk, whether or not installed, except as regards loss or damage caused by the negligence of company.
6.2 If the company is delayed in or prevented from carrying out the works by any date specified under sub' clause 4.1 due to any delay or default on the part of the customer the company may (in addiction to any other remedies) on written notice to the customer add to the charges, a reasonable sum in respect of any additional costs thereby incurred.
6.3 Notwithstanding that the works have been handed over and stand at the customer's risk, ownership of the works shall not pass to the customer until payment of the company's charges in full.
6.4 In the event of threatened seizure of the works, or of appointment of a receiver or liquidator, or any other event entitling the company to terminate this agreement under clause 9 the customer shall immediately notify the company and the company shall be entitled to enter the customer's premises and repossess the works.
7. Limitation of Liability
7.1 Except as provided for the under sub-clause 7.3 and 7.4 the company has no obligation duty or liability in contract, tort (including negligence, nuisance or breach or statutory duty) or otherwise arising out of or by reason of or in connection with this agreement.
7.2 In no circumstances shall the company be liable in contract, tort (including negligence, nuisance and/or breach of statutory duty) or otherwise for loss (whether direct or indirect) of profits, business or anticipated savings, or for any economical consequential loss whatsoever.
7.3 The company does not exclude liability for death or personal injury attributable to negligence.
7.4 The company does not exclude liability for loss of, or damage to, property directly resulting from the companies breach of this agreement, but the companies liability for such loss or damage shall be limited to £150,000 in respect of anyone incident or series of incidents whether related or unrelated in any period of 12 months.
7.5 Where the customer does not buy the works in the course of a business (or hold itself out as doing so), this clause 7 does not exclude undertakings implied by sections 13, 14, and 15 of the Sale of Goods Act 1979 or sections 2-5 of the Supply of Goods and Service Act 1982, and does not affect the customers statutory rights. Nothing in these conditions shall be construed as limiting or excluding the company's liability under the Consumer Protection Act 1987.
7.6 The company shall not be liable for any failure to comply with the obligations of this agreement where the failure is due to circumstances beyond the company's reasonable control, including without limitation, act of god, war, civil disturbance, flood, lightening or fire:- industrial action:- or lock outs:- the act or omission of government or any agency therefore:- a failure or delay attributions to any electricity or telecommunication's network:- the act to omission of any party for whom the company is not responsible.
8.1 The company will make good by rectification repair or replacement or at its option by the supply of replacement parts, faults or defects which, under proper use, appear in the works within the period of one year (unless otherwise specified in writing) after the works have been accepted or deemed to have being accepted and arise solely from faulty material or workmanship or faulty design (other than a design made, furnished or specified by the customer) provided that:
8.1.1 The works have been properly kept, used and maintained in strict accordance with the manufactures and or the companies instructions if any and have not been modified except with the companies prior consent: the fault is not due to accidental or wilful damage, fair wear and tear, interference with the works by the customer or a third party:
8.1.2 The customer makes no further use of the works after the defect has been or ought to have been discovered.
8.1.3 The company's guarantee shall be conditional upon: all monies due to the company under this agreement or any associated credit sales agreement having been paid when due, and
8.2 The production by the customer of the companies order form as record of the customers’ order.
8.2.1 All guarantee work will be carried out during normal working hours.
9.1 Without prejudice to other rights the company shall have the right to terminate this agreement forthwith at any time and to claim for any resulting losses or expenses if the customer:
9.1.1. Is in breach of any obligation under this agreement and fails to remedy the breach within 21 days of notice requiring him to do so: or
9.1.2 Has a receiving order in bankruptcy made against him or seeks or agrees any arrangement with creditors or being a company has a receiver manager or administrator appointed over any of its undertaking or assets or enters into liquidation (other than a member's voluntary liquidation).
10. Assignment and Subcontracting
This agreement is personal to the customer and the customer shall not at any time assign, pledge, mortgage, transfer or otherwise dispose in whole or in part of any or all rights under this agreement except as expressly allowed by the terms of this agreement. The Company may at any time assign, pledge, mortgage, transfer or otherwise dispose in whole or in part all the rights under this agreement and shall have the right to subcontract or delegate the performance or its obligations arising under this agreement without the prior consent of the customer.
11. Entire Agreement
The customer acknowledges that without prejudice to liability for fraudulent misrepresentation this document contains the entire terms of the agreement and supersedes all prior oral or written communications. No variation of these terms shall have effect unless agreed in writing by the company and the customer. These terms shall not be replaced by any terms proposed by the customer.
12. Legal Construction
The contract shall in all respects be construed and operated as an English contract and conformity with English law and subject to the exclusive jurisdiction of the English Courts.