Terms & Conditions
In these conditions CLEARWATER BATHROOMS Ltd is referred to as ‘the Company’ and the person or persons signing a contract is referred to as ‘the Customer’.
1. TERMS OF THE CONTRACT
All the terms of the Contract between the Company and the Customer are contained in this document.
The customer shall give access to the Company it’s employees and workmen at all reasonable times by prior appointment but in all cases within 26 weeks of the date of signing so
that the Company may complete the installation in accordance with this Contract.
3. COMPLETION DATE
The Company shall use its reasonable endeavours to complete the work within a reasonable period (such period to commence from the date upon which the Company shall notify
the Customer in writing that all details of his order have been settled) or, if the period quoted is exceeded, within a reasonable time PROVIDED THAT the Company shall not be
liable for any delay in the completion of the work to the extent that it arises from causes beyond the reasonable control of the Company including shortages of materials, strikes,
lockouts, and cessation of work by workmen. In any such cases the Company will not be liable for ‘consequential losses’ arising from the delay nor shall any payments be made for
any such losses.
The price specified in the contract will remain fixed for 24 weeks from the Contract date. Any variation in the applicable rate of VAT or where no VAT is shown overleaf as
chargeable, any imposition of VAT after the Contract date will be passed to the Customer.
a) If the customer is unable to pay the remaining balance upon delivery, the Company shall be entitled to re-schedule installation and recover any further installation costs.
b) Cash Sales A deposit of 20% of the total contract price is payable by the customer. Upon delivery of the furniture a payment of the remaining balance is payable prior to
commencement of the installation. Minor snagging items will not be accepted as a reason for withholding payment. Where the payment method is cash or Customers own finance,
the payment due may be made either by cash or by cheque payable to CLEARWATER BATHROOMS Ltd, and crossed ‘a/c payee only’ and handed to the Company’s accredited
agent or representative who shall give the Customer a copy of the invoice with the payment indicated and receipted. Where the customer is to obtain a private loan e.g. Building
Society further advance or Bank Loan, the customer must ensure such payment is available to the Company’s representative immediately upon delivery. When payment is not made
on the due date in accordance with Condition 5, the Company shall be entitled to charge interest on the outstanding amount at a rate of 2.2% per month from the due date to the
date of actual payment.
c) Finance Sales Where the Customer enters into a Finance Agreement with a Finance Company authorised by CLEARWATER BATHROOMS Ltd, the Finance Company will
arrange final payment upon delivery and installation.
All furniture and appliances supplied remain the sole property of the Company until the balance is paid in full but shall be at the Customers risk from delivery.
a) The material used in the construction of unit carcasses shall be 18mm melamine faced chipboard unless otherwise specified in the contract. Door materials shall differ depending
upon the range selected. Pursuant to the Company’s policy of continuous improvement to its products, it reserves the right to make modifications to the specifications which are
either necessary or desirable but all customers will be informed of any changes. While every endeavour is made to ensure product colours and grains match, as wood and wood
products are naturally based, no guarantee can be made as to the matching of those natural features.
b) The product arrangement shall in the absence of any special arrangements detailed in the Contract be determined by the Company’s Technical Surveyors in consultation with the
customer. The arrangement in the technical survey will supersede any design arrangements.
a) The Company undertakes to repair or replace free of charge any product manufactured by it which proves defective as a result of faulty materials or workmanship within 12
months from the date of commencement of the installation. Thereafter the materials will be covered for a further 48 months subject to the terms of our Five Year Guarantee. The
Company’s formal guarantee certificate will be active upon receipt of the full contractual balance. Damage due to accident or misuse and faults of premature deterioration
resulting from the Customers failure to comply with the Company’s maintenance instructions are not covered by such guarantee.
b) Items supplied which are not manufactured by the Company including all electrical or gas appliances, sinks and taps are subject to the suppliers own after sales service and
c) The Five Year Guarantee will only take effect on receipt of the full invoiced value. A Guarantee relating to the work will be issued after completion of the work and all monies due
to the Company have been paid. The Manufacturer’s guarantee is issued in addition to and not in substitution for the Customer’s statutory rights relating to faulty misdescribed
goods or services.
d) Any claims covered by the Companies liability insurance will be null and void if any contractural balances exist.
e) The Company shall be entitled to withdraw all cover of guarantee on installation and product if any inappropriate or defamatory content or material related to the Company
appears or is posted on any social media platform and may also legally pursue such matters for damages to the Company.
9. LIABILITY FOR DAMAGE
The Company will not be responsible for any damage caused to plastering, tiling or decoration resulting from the removal of existing furniture, tiles or decorations except where such
damage has been caused by the negligence of the Company, its employees or agents. The Company accepts no responsibility for any damage resulting from structural or other
defects in the property at which the installation is carried out. The Company will not undertake, and it is no part of the Company’s obligations under this Contract, unless specified, to
complete any plastering, tiling or decoration on behalf of the Customer.
a) Where the balance of the sum due on completion is to be paid by Credit Agreement arranged by the Company and the Contract is negotiated and signed by the Customer other
than at any premises of the Company, the Customer will have for a short time, a right to cancel without penalty, the Contract and any application for credit arranged by the
Company, if he serves written notice of his desire to cancel on the Company at CLEARWATER BATHROOMS Ltd, Unit B, 8 Palacecraig Street, Coatbridge, ML5 4RY in
accordance with cancellation procedures set out in the acceptance letter which will be sent to the Customer by the Finance Company to which the application has been
submitted. Such Contracts are subject to the relevant Consumer Credit Legislation.
b) Where the balance of the sum due on completion is to be paid by cash, cheque or a credit agreement or loan arranged solely by the Customer, the Customer will have, for a short
while the right to cancel without penalty which process may be effected by following the procedures in section 12.
c) The Company may cancel the Contract and all money paid by the Customer will be refunded upon receipt of a survey report unsatisfactory to the Company provided such
cancellation is effected within ten days of receipt of such a report.
d) Subject to conditions 10(a) to (c) above, upon the signing by the Customer and a duly authorised representative of the Company of the form of acceptance overleaf a Contract will
be created and such Contract shall not be subject to cancellation by the Purchaser. Without prejudice to its right to claim damages for breach of Contract, the Company may, at
its sole discretion in appropriate cases, agree to the cancellation of a Contract, which the Purchaser has no right to cancel, upon payment to the Company of all expenses
incurred by it prior to the date of cancellation, such expenses being subject to VAT at the applicable rate.
11. BUILDING REGULATIONS
The customer shall be responsible for ensuring that the installation complies with current regulations and any necessary consents are obtained prior to works commencing.
12. NOTICE OF CANCELLATION RIGHTS
If you wish to cancel this Contract you can do so by sending or taking a written notice of cancellation to:
The Customer Service Manager at CLEARWATER BATHROOMS Ltd, Unit 4B South Caldeen Road, Coatbridge, ML5 4EG within fourteen days of the date of signing this Contract.
13. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
a) We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
b) You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
14. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of Scotland. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Scotland.
15. COMPLAINTS PROCEDURE
If you’re not completely happy with our service we’d like to hear about it, that way we can put it right. We do everything we can to make sure our customers get the best products and the best service possible, however, sometimes we may not get things right first time.
We want to:
• Make it easy for you to tell us what went wrong
• Give your complaint the attention it deserves
• Resolve your complaint fairly and without delay
• Make sure you are satisfied with how your complaint was handled
How and where to complain
If you are not satisfied with any aspect of our/product service you can tell us about your complaint in the following ways:
In person :
4b South Caldeen Rd, Coatbridge, North Lanarkshire ML54EG
Write to us at the address above, please address your letter to The Complaints Manager
How long will it take?
We will aim to resolve your complaint straight away but if we can’t we will write to you within 5 business days to tell you:
• Why we have not resolved your complaint
• Who is dealing with your complaint
• When we will contact you again
We will usually resolve your complaint quickly, but if it is complex it may take longer. We will keep you informed on a regular basis but if you need an update.
Please call us on the number above and ask to speak to the person dealing with your complaint.
If we can’t agree a solution within 8 weeks and your complaint relates to our credit brokerage service we will:
• Send a letter giving our reasons for the delay and an indication of when we expect to provide a final decision.
• Issue our final decision letter which will explain our final position.
Our aim is to resolve all credit brokerage related complaints internally. However if after receiving our final decision letter or 8 weeks have passed you may have the right to refer your complaint to the Financial Ombudsman Service (FOS).
Financial Ombudsman Service
If you want the FOS to look into your complaint you must contact them within six months of the date of our final response letter.
Financial Ombudsman Service, Exchange Tower, London, E14 9SR
Telephone: 0800 0234567
Email: [email protected]
Further helpful information can be obtained from visiting their web site at: www.financial-ombudsman.org.uk