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Business Terms And Conditions

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Please read this document very carefully, as it contains the terms and conditions relating to any quotation(s) provided by Kinsella Home Improvements (herein refered to as “the company”) for any and all works to be carried out on the property.
By accepting this quotation, the customer(s) (herein referred to as "the customer"), is also accepting the following terms and conditions as set out on this page, or any other documents provided as part of the overall quotation.

1. Relationship between the parties.

  • 1.1. The customer engages the company to provide the services specified in these terms and conditions and attached schedules.
  • 1.2. No term of this agreement of course of dealings between the parties shall operate to make the company an employee or agent of the customer.
  • 1.3. Neither party shall assign or transfer any of their rights, liabilities or obligations arising under this agreement without the prior written consent of the other party.

2. Interpretation.

  • 2.1. A ("business day") shall mean any other day excluding a Saturday, Sunday, bank holiday or national holiday, unless otherwise agreed between the company and the customer.
  • 2.2. The headings in these terms and conditions are for convenience only and shall not effect their interpretation.

3. Documents/emails

  • 3.1. Any and all documents issued to the customer will be password protected for security reasons.
    The company accepts no responsibility/liability should this password be acquired or any documents altered as a result in any way by a third party.
  • 3.2. Under no circumstances, will the company send any bank details by email.
    Any emails purporting to be from the company stating that bank details or passwords have been changed should be immediately deleted.
    Any and all documents which may be attached to such emails should also be immediately deleted.
    It is the responsibility of the customer to report such emails to the company.

4. Quotation.

  • 4.1. The company shall provide to the customer a proposal for the services/works to be provided which shall set out:
    • 4.1.1. The services/works which the company will undertake for the customer.
    • 4.1.2. The price which the customer shall be charged for the completion of the services/works including:
      • 4.1.2.1. Any fees or expenses which the company shall charge.
      • 4.1.2.2. Any vat or tax element which will be payable by the customer.
  • 4.2. The quotation and a full explanation of the services/works to be carried out shall be attached to these terms and conditions and where a contract is entered into between the company and the customer, the customer will be deemed to have accepted the content of the quotation documents in full.
  • 4.3. Only the current version of the quotation documents issued to the customer are considered to be valid.
    Any and all documents which may have been issued to the customer in relation to previous quotations/contracts, are deemed to be invalid.
  • 4.4. The customer must sign and return the quotation document at least 14 (Fourteen) days before the quotation documents become invalid.
    By doing this, the customer acknowledges and agrees, that they have read and understood all information contained in all the provided documents in relation to the quotation.
    A scanned signed version of the quotation document is acceptable.
  • 4.5. Once the quotation document has been signed, returned and the relevant deposit paid, the quotation will be valid for 60 (Sixty) days after its issue date.
    These extra 30 (Thirty) days are provided by the company on the understanding, that the customer shall allow the works to commence during the 60 (Sixty) day time frame.
  • 4.6. If the customer fails to comply with the above, the company shall reserve the right to declare any and all contracts/signed documents invalid.
  • 4.7. The company or the customer may at any time cancel the quotation/contract for any reason prior to the customer's acceptance or rejection of this quotation.
  • 4.8. Should the customer wish to change any details of the services/works to be carried out, the customer must notify the company by writing/email/phone at least 14 (Fourteen) days before the services/works begin.
  • 4.9. The company shall endeavour to make these changes if reasonable, and any additional costs will be invoiced to the customer.
  • 4.10. If, due to circumstances beyond its control, the company has to make any changes in the services/works or the arrangements relating to the provision thereof, it shall notify the customer within a timely manner by writing/email/phone.
  • 4.11. The company shall endeavour to keep any such changes to a minimum and shall seek to offer the customer arrangements as close to the original as is reasonably possible.
  • 4.12. Prices set out in the quotation documents are correct at the time of issue but may be subject to change before terms are agreed, at the company's discretion.
  • 4.13. Any monies paid by the customer will be fully refunded, excluding any expenses that may be incurred by the company during this time in relation to the quotation, should the quotation be cancelled by the company or the customer.
  • 4.14. If expensis are incurred, a full account of these expenses will be given in writing to the customer should any monies be deducted.
  • 4.15. The customer shall allow a reasonable period of time for this refund (if any), to be processed should any monies be owed.
  • 4.16. Should the company incur expenses greater than monies already paid by the customer to the company, the customer shall be liable for these expenses which must be paid immediately.
  • 4.17. The customer shall provide bank details to the company in order for the refund (if any) to be processed.
    At no time, shall the company refund the customer using any other type of process such as credit/debit cards.
  • 4.18. The company shall not be held responsible/liable for any problems refunding the customer should the customer provide invalid bank details.
    Should the company make a successful transfer of monies owed to a bank account which is not held by the customer, the information relating to the transaction will be provided to the customer.
  • 4.19. Should this happen, the company accepts no responsibility/liability for recovery of any monies paid to any account not held by the customer.
    It will be the customer's responsibility to rectify any problems that may occur.
  • 4.20. The company, at no time, shall repay any monies in cash to the customer.
  • 4.21. Upon receipt of a refund, the customer shall provide to the company, any and all information requested, in order to verify that the refund has been successfully processed.
  • 4.22. Upon completion of this process, the company shall deem any/all documents issued to the customer to be completely and entirely invalid.
  • 4.23. The quotation is deemed to be a fixed price agreement.
    Should the company be asked during the works/services to undertake further works/services on behalf of the customer or any other agent employed/contracted by the customer at that time, the customer will be billed for this work separately.
    These extra monies must be paid immediately to the company.
    Failure by the customer to pay these monies, will result in the extra works/services not being started/completed by the company.
    The company shall provide to the customer, a separate set of documents relating directly to these extra works/services.
    Under no circumstances, shall the customer arange with the company, to have these extra monies added to the final invoice.

5. Terms of payment.

  • 5.1. It is agreed, that the following payments will be made on schedule and without any delay.
    • 5.1.1. A deposit of 50% (Fifty Percent) of the full price quoted, including any taxes/other government expenses must be paid at least 14 (Fourteen) days prior to any delivery of services/goods or commencement of works.
    • 5.1.2. The company reserves the right to ask for any monies at any time that may be required for special orders such as made to measure windows, doors etc.
    • 5.1.3. A further 40% (Forty Percent) will be payable once the half way point in the works has been reached.
    • 5.1.4. Once the work has reached practical completion, the remaining balance of any monies will be due.
    • 5.1.5. The company reserves the right to ask for any and all information relating to the transfer of monies owed, as proof of payment.
      This information shall be provided by the customer to the company immediately upon request.
    • 5.1.6. Any outstanding monies must be paid no later than 14 (Fourteen) days after issue of the final invoice.
      If the customer fails to pay the balance quoted on the invoice within this time frame, the company reserves the right to charge the customer an interest rate of 1.5% (One And One Half Percent) per month on monies owed.
      Failure to comply with the above, may result in further action being taken against the customer or any other named parties on the quotation documents.
      This may include but is not limited to:
      Legal action through the court system.
      It will have an effect on the start date for, or continuation of the services/works and may also have an effect on other parties that may be renovating the property at the same time.
      The company may also reasonably refuse to undertake/continue/complete the services/works, should the above conditions not be met.

6. Variations to the agreement.

  • 6.1. Any variations including, but not limited to, modifications, omissions, or aditions that are made to this agreement must be agreed to by both parties detailing the price and specifications of such variations.
  • 6.2. The parties must make a good faith attempt to agree on all necessary particulars.
    Such agreements are to be added to this contract.
    Failure to reach agreement will be deemed a dispute to be resolved by a mutually exclusive third party.
  • 6.3. If the services/works have already begun, and no agreement can be reached, the company is only obliged to perform such services/works as were originally quoted for and accepted by the customer.

7. Customer obligations.

  • 7.1. The customer must pay such sums of money that become due to the company for services/works to be carried out.
  • 7.2. The customer will be responsible to cooperate in good faith with the company and must not interfere with the company’s progress of work.
  • 7.3. It is understood that timely communication and cooperation between the customer and the company are necessary for completion of all services/works.
  • 7.4. In addition the following specific obligations, by this reference are incorporated in and made part of this document:
    • 7.4.1. Any pre-existing defects/damage to the property must be brought to the attention of the company by the customer before any services/works begin.
    • 7.4.2. If the customer is not aware of any pre-existing defects/damage to the property, the company or any of its workers/contractors shall not be held responsible/liable for any defects/damage that may appear in the property during the services/works being completed.
    • 7.4.3. The company reserves the right to inspect the property before any services/works begin.
      Any defects/damage noted during this inspection will be brought to the attention of the customer.
    • 7.4.4. It is understood, that in order to make the property safe to the company’s workers/contractors, it may be necessary to complete further works.
      This may effect the overall quoted price.
      If further expenses are incurred as a result, the customer shall be liable for these expenses, which will be invoiced to the customer, once the services/works have been completed, or at the company's discression.
    • 7.4.5. Should the customer unreasonably refuse to allow the necessary repairs/works, the company reserves the right to terminate any services/works that are to begin or have already begun on the property.
      Should this arise, the customer will be liable for any expenses incurred by the company as a result.
    • 7.4.6. Should the company’s expensis be less than the monies already paid by the customer, the customer will be entitled to a refund of the outstanding amount within a reasonable time frame.
    • 7.4.7. The customer will obtain any permissions, consents, licences or other documents required to enable the company to complete the services/works agreed.
      This may include but is not limited to:
      Checking with the local authority(s) for any protection orders, planning permissions, etc.
    • 7.4.8. The company shall not be responsible/liable for any delay or failure to engage in services/works, where such delay or failure is due to the customer's failure to comply with these terms and conditions.
    • 7.4.9. The company reserves the right to ask the customer to remove any vehicles/items/obsticles etc. before or during the services/works agreed.
      If this is not adheared to, the company accepts no responsibility/liability for any damage that may be caused to said property as a result.
    • 7.4.10. Under absolutely no circumstances, shall the company install laminate/semi-solid/wooden flooring in a kitchen area, or any other area deemed unsuitable for this type of flooring.
      The company shall not be held responsible/liable for any damage to any pre-existing type of flooring, during or after the services/works.
      An example of such damage may include but is not limited to:
      Water damage from pre-existing pipe work.
      Leaks as a result of any plumbing work.
      Leaks from appliances both old and new.
      If a third party installs any type of flooring during or after works by the company,any damage as a result will be the sole responsibility of that third party and its workers/contractors.
    • 7.4.11. The company or any of its workers/contractors shall not be held responsible/liable for any potential problems in relation to any electronic systems such as alarms or closed circuit tv systems that may occur during the services/works.
      Such examples may include but are not limited to:
      Cables buried in walls, or other electronic components such as sensors and cameras mounted in the area being renovated.
      The relevant qualified specialists should be consulted in relation to this if the customer believes that their could be problems/damage to their electronic systems at any time during the services/works being undertaken by the company or any of its employees/contractors.
      If work needs to be carried out to these systems (e.g. disconnection of sensors, movement of cables etc.), this should be completed before the services/works begin.
    • 7.4.12. If a plumber needs to perform work on the property, certain issues may arise as a result.
      These issues cannot be foreseen by the company.
      When services/works begin, complications may present themselves in relation to any piece of equipment/pipe work that is being moved or changed.
      Such examples may include but are not limited to:
      Joints in the pipe work that are leaking or completely destroyed as a result of age.
      Heating system(s) that may need rebalancing as a result of radiators being added/removed/changed.
      Waste pipes being blocked with detritus as a result of use over time.
      Piping for water such as sink taps, toilets etc. may be damaged or wrotten given its age.
      If it is the case that the plumber has extra work as a result of any damage/defect, this will effect the overall price of the quotation.
      In order for the plumber to leave the property in good condition, further works may be necessary.
      If the customer refuses to allow these further works, the company shall not be held responsible/liable for any damage/defects that may occur then or in the future as a result.
    • 7.4.13. If old/inferior appliances are to be reused, the company will not guarantee that they will not leak or be otherwise damaged after reinstallation.
    • 7.4.14. The company shall accept no responsibility/liability for any leaks, electrical problems etc. from the reuse or connection/reconnection of new/old appliances.
    • 7.4.15. The company shall accept no responsibility/liability for any old/inferior electrical, plumbing or any other attachments/connections leading to these appliances. E.G. a soft water filter could leak after the reconnection of a fridge, sink etc.
    • 7.4.16. The company, if requested to do so, will reconnect appliances both old and new, given customer acceptance of the above.
    • 7.4.17. Absolutely no guarantee is given as to their ability to function to the customer's expectations.
    • 7.4.18. If there are changes in relation to services/works being carried out by a third party, the company must be informed in writing/email/phone by the customer at least 14 (Fourteen) days before services/works begin.
      Examples of this include but are not limited to:
      A kitchen redesign by a third party or any other designs/modifications that may be taking place by any other third parties during the services/works.
      The company shall not be held responsible/liable for any changes in the services/works agreed should this not be communicated as stated above.
    • 7.4.19. The company does not perform the role of coordinator for any project.
    • 7.4.20. As a result of any changes, there may be a need for the company to undertake further services/works other than those agreed. This will effect the overall price of the quotation. If the customer does not communicate the changes to the company by writing/email/phone at least 14 (Fourteen) days before services/works begin, the company shall not be held responsible/liable for any changes in services/works agreed, or further services/works that may need to be carried out as a result. The company may reasonably refuse to undertake these further services/works should the above conditions not be met.
      If the customer refuses to allow these further services/works to be carried out, the company shall not be responsible/liable for any damage/defects that may occur in the future as a result.

8. Dispute resolution.

  • 8.1. If any dispute arises under the terms of this agreement, both parties agree to select a mutually agreeable impartial third party to help them mediate it.

9. Practical completion.

  • 9.1. The services/works are considered complete upon approval by the customer, provided that the customer’s approval is not unreasonably withheld.
  • 9.2. It is the sole responsibility of the customer, to inform the company of any defects found in relation to the services/works carried out by the company by writing/email/phone within 7 (Seven) days of completion.
  • 9.3. The company shall not be held responsible/liable for any defects/damage after this time.
  • 9.4. The company shall remedy/repair any defects that the customer may find relating directly to the services/works carried out by the company.
  • 9.5. Should a third party start work during or after this time, the company shall not be held responsible/liable for any defects/damage caused to its services/works by said third party.
  • 9.6. Should the customer refuse to pay any monies outstanding upon completion of the services/works, the company reserves the right to pursue the customer through any legal means available to the company or its nominated representatives.
    Please see section 5 (Five) above.

10. Termination.

  • 10.1. If the customer fails to pay such sums of money that become due, the company reserves the right to terminate the agreement/services/works if the customer does not remedy the default within 7 (Seven) days.
  • 10.2. The company may terminate the provision of any and all services/works immediately if the customer commits a material briech of their obligations under these terms and conditions, or the customer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debters.
  • 10.3. Should the customer alter in any way, or at any time, any documents sent by the company, this will result in full termination of services/works to be undertaken, or services/works that have begun.
    The company or any of its nominated representatives will immediately undertake any legal services/proceedings available to the company against the customer should it be deemed by the company to be necessary.
    The customer shall be liable for any expenses incurred by the company in relation to these services/legal proceedings if undertaken.
    Given the above conditions, the company, at no time, will reimburse the customer for any legal/other expenses incurred by the customer as a result.

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