The Wall Shop Ltd, company number SC846983, VAT 514 2910 19. Payment terms: 50% deposit with order, 50% balance before delivery to site. Lead time: 6 to 8 weeks from receipt of deposit.
1. Definitions
1.1 In these Terms: "Company" means The Wall Shop Ltd; "Customer" means the person, company or organisation placing the Order; "Goods" means the Smart Wall, media wall, components, accessories and associated products supplied by the Company; "Services" means surveying, design, manufacture, delivery, installation and commissioning services; "Order" means the Customer's signed Order Form; "Contract" means the Quotation, Specification, Order Form and these Terms and Conditions.
2. Formation of Contract
2.1 The Contract shall come into existence upon acceptance of the Order by the Company.
2.2 No variation shall be binding unless agreed in writing by both parties.
2.3 These Terms shall prevail over any terms proposed by the Customer.
3. Quotations
3.1 Quotations remain valid for 30 days unless otherwise stated.
3.2 Quotations are based upon information supplied by the Customer and any site survey undertaken.
3.3 The Company reserves the right to amend pricing where the Customer requests changes to the Specification.
4. Bespoke Manufacture
4.1 All Smart Walls are manufactured to the Customer's individual requirements.
4.2 Dimensions, finishes, appliance selections and layouts approved by the Customer shall be deemed accepted and correct.
4.3 The Customer is responsible for checking all drawings, specifications and dimensions prior to manufacture.
5. Deposits and Payments
5.1 A deposit of 50% of the Contract Value shall be payable upon signing the Order Form.
5.2 Manufacture shall not commence until cleared funds have been received.
5.3 The balance shall be payable prior to delivery and installation unless otherwise agreed in writing.
5.4 The Company reserves the right to suspend manufacture or installation where payment is overdue.
5.5 Interest may be charged on overdue accounts at 8% above the Bank of England base rate.
6. Deposit Protection
6.1 Deposits received shall be applied towards materials, manufacturing, labour and associated costs relating to the Customer's Order.
6.2 The Company shall provide reasonable progress updates upon request.
6.3 If the Company is unable to fulfil the Contract due to circumstances within its control, the Company shall refund any deposit funds not already committed to costs incurred for the Customer's Order.
7. Site Survey and Customer Responsibilities
7.1 The Customer shall provide safe and reasonable access to the Property.
7.2 The Customer warrants that information provided regarding dimensions, utilities and existing services is accurate.
7.3 Any hidden defects discovered after commencement may result in additional costs.
7.4 The Customer shall ensure all necessary permissions, landlord consents, planning permissions and building approvals have been obtained.
8. Electrical Services
8.1 Unless expressly included within the Contract, electrical works beyond connection of supplied components are excluded.
8.2 The Customer is responsible for ensuring the Property's electrical installation is suitable.
8.3 The Company shall not be liable for defects within existing wiring, consumer units, circuits or electrical infrastructure.
9. Customer-Supplied Equipment
9.1 The Company shall not be responsible for compatibility, performance, reliability or warranty of Customer-supplied equipment.
9.2 Any delays arising from unavailable customer equipment may incur additional charges.
10. Variations
10.1 Any variation requested after acceptance may result in revised pricing and lead times.
10.2 Manufacture may be paused pending approval of variation costs.
10.3 Variations shall only be valid when confirmed in writing.
11. Lead Times
11.1 Lead times are estimates only.
11.2 The Company shall use reasonable endeavours to meet stated delivery dates.
11.3 The Company shall not be liable for delays arising from material shortages, supplier delays, transport disruption, customer requests, adverse weather, or events beyond its reasonable control.
12. Delivery
12.1 Delivery dates are estimates only.
12.2 The Customer shall ensure adequate access for delivery.
12.3 Additional labour, lifting equipment or aborted deliveries caused by restricted access shall be chargeable.
12.4 Risk in the Goods shall pass upon delivery.
13. Installation
13.1 Installation dates shall be agreed following completion of manufacture.
13.2 Installation may be delayed where site conditions are unsuitable.
13.3 Additional work requested during installation shall be chargeable.
14. Completion
14.1 The Customer shall inspect the installation upon completion.
14.2 Minor defects that do not materially affect operation shall not justify withholding payment.
14.3 Any defects shall be reported within 14 days.
15. Retention of Title
15.1 Ownership of all Goods remains with the Company until payment has been received in full.
15.2 The Company reserves the right to recover Goods where payment remains outstanding.
16. Warranty
16.1 The Company warrants its workmanship and manufactured components for 24 months from completion.
16.2 The warranty excludes fair wear and tear, misuse, accidental damage, alterations by third parties, and Customer-supplied equipment.
16.3 Manufacturer warranties apply to third-party products supplied under the Contract.
17. Smart Home Integration
17.1 Smart home functionality may depend upon broadband services, Wi-Fi coverage, third-party software, and manufacturer updates.
17.2 The Company does not guarantee uninterrupted operation of third-party systems.
17.3 Future software updates by manufacturers may alter functionality.
18. Limitation of Liability
18.1 Nothing in these Terms shall exclude liability for death or personal injury caused by negligence, fraud or any liability that cannot lawfully be excluded.
18.2 Subject to Clause 18.1, the Company's total liability shall not exceed the Contract Value.
18.3 The Company shall not be liable for loss of profits, loss of business, loss of opportunity, or consequential losses.
19. Cancellation
19.1 The Customer may cancel the Contract by written notice.
19.2 As the Goods are manufactured to the Customer's specification, cancellation charges may apply reflecting design work completed, materials purchased, labour incurred, manufacturing completed, and administration costs.
19.3 Any refund shall be assessed fairly and proportionately based upon work completed at the date of cancellation.
20. Force Majeure
20.1 The Company shall not be liable for failure or delay resulting from events beyond its reasonable control including fire, flood, pandemic, industrial action, supply chain disruption or governmental action.
21. Photographs and Marketing
21.1 The Company may photograph completed installations for quality control and marketing purposes.
21.2 No personal information shall be disclosed without consent.
21.3 Customers may opt out in writing prior to installation.
22. Data Protection
22.1 The Company shall process personal data in accordance with applicable UK data protection legislation.
22.2 Customer information shall only be used for the purposes of fulfilling the Contract and related business activities.
23. Complaints
23.1 Any complaint shall be submitted in writing within 14 days of becoming aware of the issue.
23.2 The Company shall be given reasonable opportunity to inspect and rectify any defect before third-party remedial works are undertaken.
24. Governing Law
24.1 These Terms and Conditions shall be governed by the laws of Scotland.
24.2 The Scottish Courts shall have exclusive jurisdiction over any dispute arising from the Contract.
