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These are the terms and conditions of sale of 1st Planner whose registered office is at Stancliffe House, Molyneux Business Park, Whitworth Road, Darley Dale, DE4 2HJ.
1st Planner is registered with company number 07799768 and registered for VAT purposes with number GB 137 7417 00.
These terms, together with any Special Conditions (as agreed with you in writing) will apply to your order for Services.
Please read this document carefully before placing your order. We may change these terms from time to time, so please check them again before you place another order with us.
1.2 The contract for the supply of Services (“Contract”) will be formed when we accept your order, including any instructions by e-mail.
1.3 These conditions and any matters (as agreed with you) referred to on our order acknowledgement form the entire understanding between you and us and supersede any prior promises, representations or undertakings.
1.4 Any omission or error in any sales presentation, web page or site, order acknowledgement, invoice or other document issued by us may be corrected by us without liability.
1.5 Subject to any Special Conditions, the provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from the Contract so that no third party may claim any rights under this contract.
1.6 Any Special Conditions agreed with you are supplemental to these terms and conditions.
2.1 The price for the Services is stated in our tender form /fee quotation/ acknowledgement (as appropriate). All prices shown on the site are in pounds sterling and are exclusive of VAT unless otherwise provided. VAT (at the applicable rate) will be added to or charged on invoices at the appropriate rates and paid by you. If the rate of VAT is amended, we shall change the rate of VAT payable by you accordingly.
2.2 We will not vary the agreed price of supplying the Services except where there is a change in extent, scope or delay caused by your instructions. We will notify you in writing where there are consequential price increases. You may cancel any amendments to your order within 5 working days of this notice if you are unhappy with the price increase, but will remain liable for the cost of the Services covered by the original order.
2.3 You may contact us by phone, e-mail or by post to confirm that you wish to cancel the Contract, but will remain liable for the cost of any Services carried out to date and the reasonable costs incurred by us in preparation to undertake the Services as instructed.
3.1 All payments to us must be made on the scheduled dates agreed in writing with us, or within 30 days of the date of our invoice.
3.2 Payment will be by BACS transfer to our bank (details will be supplied with our invoice).
3.3 Where you do not make any payment to us under the Contract by its due date then, we may, in addition to any other rights which we have under this Contract, withhold further Services and/or suspend performance of the Contract until arrangements as to payment or credit have been established on terms which are satisfactory to us.
3.4 If you become unable to pay your debts (or have no reasonable prospect of so doing), make an arrangement with your creditors, suffer a bankruptcy order, become insolvent or go into liquidation, receivership or administration, have an administrator appointed, are wound up, or breach your payment obligations under the Contract, then we may, as well as any other rights which we have under this Contract, immediately terminate the Contract and suspend or cancel further services.
4.1 Where we have put drawings, photographs, illustrations, specifications, performance data, dimensions and the like in sales literature, on web pages or other documentation, we believe they are accurate. However, you should not take them to be a fully comprehensive description of the Services or representations made by us and we do not warrant that they are accurate.
4.2 You should check specifications and the description of the Services as agreed are as required by you prior to entering into a contract with us.
4.3 We will use our reasonable endeavours to advise you of any impending changes which may affect our Services (for example, changes to Building Bulletins, Planning or Building Regulations) as soon as we are able or upon our receiving notice of the same.
5.1 We will supply the Services which you purchase from us with reasonable skill and care.
5.2 If the Services which you purchase from us do not do what we say in Writing that they will do, you should notify us in Writing within 28 days of their supply, or within a reasonable time from their supply for defects which are not apparent to you following the provision of the Services.
5.3 If the Services do not do what we say in Writing that they will do, we will either remedy the defect in question, re-supply the defective Services or refund the price (or a proportionate part of the price) of the defective Services (or proportionate part of the Services).
6.1 We will not be liable to you by way of representation (unless fraudulent), Common law duty or under any express or implied term of the Contract for:
6.2 Subject to condition 3.3 below, our entire liability in connection with the Contract will not exceed the purchase price of the Services to which the claim relates.
6.3 Nothing in this Contract shall limit our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors nor for any other matter which by law cannot be excluded.
We shall not be liable to you if we are prevented or delayed in the performing of any obligations to you if this is due to any cause beyond our reasonable control including: an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure by you to supply any information as agreed and required in order to undertake the agreed services.
With your prior written agreement, we may assign, sub-contract or otherwise transfer in whole or in part the Contract. You may not transfer in whole or in part the Contract without our written agreement.
9.1 When using our website, please refer to our website user conditions. We may provide links to third party websites on our website. These links are for your information only and do not constitute any endorsement of any third party products, services or information and you acknowledge and accept that any reliance upon such information shall be at your own risk.
9.2 All intellectual property in the Services (including, without limitation, any information, documentation and/or materials produced in connection with the Services) are and shall remain fully vested in us. Nothing in these conditions or any Special Conditions shall grant to you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Services.
9.3 We shall process your data in accordance with the Data Protection Act 1998.
9.4 The views and/or opinions expressed by any of our employees (including, without limitation, any training personnel) during the provision of the Services (or otherwise) may not represent our views and/or opinions and we shall have no liability to you or any third party (whether in contract, tort, negligence or otherwise and howsoever arising) for any loss, damage, suffering, costs and/or expenses incurred resulting from the expression of such views and/or opinions by our employees.
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