Application of these terms and conditons
We are quoting on the assumption that You are a "Consumer" as defined in Clause 3 below. You may only accept the quotation if you are a "Consumer". If You are not, the contract will not be valid. In that case, please let Us know and We will try to provide a contract for You as a "non-Consumer". These Terms and Conditions apply to the purchase, as a Consumer, by the person named in the agreement/order "You" of the goods or service detailed in the agreement/order "Goods" from Viabl Ltd trading as Able Group a company registered in England and Wales under number 11955942 whose registered office is at Able House, 39 Progress Road, Leigh-on-Sea, Essex, SS9 5PR "Us/We/Our" or such other address which/at/from the firm may trade from time to time. No other terms and conditions will apply unless We and You agree in writing that they will apply.
We are required by the Regulations (as defined in Clause 3 below) to ensure that certain information is given or made available to You as a Consumer before We make our contract with You (i.e. before You accept the agreement/order) except where that information is already apparent from the context of the transaction. We have either included the information itself either in the booking correspondence or these Terms and Conditions for You to see now, or We will ensure that We have made it available to You before You accept the quotation. All of that required information and any other information We give You about the Goods or Ourselves which You take into account when deciding to accept the agreement/order or when making any other decision about the Goods will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
A "Consumer" means a consumer as defined in the Consumer Rights Act 2015, i.e. an individual who agrees to purchase and receives the Goods for their personal use and for purposes wholly or mainly outside the purposes of any Business. A "Business" means any business, trade, craft, or profession carried on by You or any other person/ organisation. The "Regulations" means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. A "business day" means any day other than a Saturday, Sunday or bank holiday. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation. Words signifying the singular will include the plural and vice-versa.
Cancellation under the regulations
If the contract We make with You is not made on Our premises, the Regulations give You the right to cancel the contract for the Goods as follows and You will have that right in addition to the rights You have under the law and these terms and conditions. The right to cancel given by the Regulations is a right to cancel the Goods, without reason, until the end of the 14 days period from when You come into possession of the Goods, but that period will be extended by the Regulations in certain circumstances set out in the Regulations. If You cancel under the Regulations, You must confirm this to Us in any way convenient to You, and if You have already made any payment(s) to Us for the Goods or their delivery, We will refund the payment(s) to You as required by the Regulations minus any deductions. These cancellation rights will be affected if you request provision of services to begin during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from this contract, in comparison with the full coverage of this contract. These cancellation rights do not apply if the value of the order is below £42.00 or goods are made to your specification or are clearly personalised or you have requested us to carry out urgent repairs or maintenance.
Goods shall mean all goods and services forming the subject of this contract, including parts and components of or materials incorporated in them. Any description given or applied to these goods has been given by way of identification only and the use of such description shall not constitute a sale by description. All of the following information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer: the information that the Regulations require Us to give to You; and any other information We give you about the Goods or Us which You take into account when deciding to accept the agreement/order or when making any other decision about the Goods (i.e. the information given during booking or set out in the agreement/order form as well as any other information We make available to You. Any change to any such information shall only be effective if We and You agree it.
The price "Price" of the Goods shall be as set out in the "estimated cost of work" field on the Customer Work Agreement/Order form. Prior to inspection all prices are subject to site survey. If the cost of the Goods to Us increases due to any factor beyond Our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, We reserve the right to increase the Price, in this case We will re issue an up to date quotation with the revised Price. That increased Price will apply if You agree it by accepting the quotation while the quotation is still valid for acceptance (see Clause 7 for validity). The Price is inclusive of fees for transportation and delivery. The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
Quotation and formation of contract
Any enquiry, order or other communication from You will not be a contractual offer to purchase the Goods. The quotation is not an acceptance by Us of any such enquiry, order or other communication from You. The quotation is Our contractual offer to sell the Goods to You which You may accept as follows. Your acceptance of the quotation will be Your confirmation that You are a Consumer. You may not accept the quotation if You are not a Consumer. If You accept the quotation by signing to start the work on the Customer Work Agreement/Order Form while the quotation is still valid there will then be a legally binding contract between You and Us for purchase of the Goods on these Terms and Conditions. The quotation is valid for a period of 7 days only from the date shown in the quotation unless We expressly withdraw the quotation before the end of that period in which case it will no longer be valid from the time We withdraw it. We cannot withdraw the quotation if You accepted it when it was still valid. You may withdraw any enquiry or order at any time before You accept the valid quotation.
Following Your acceptance of the quotation, We shall invoice You for the Price on or at any time after delivery of the Goods. You shall pay the Price on the date of Our invoice which is due on delivery of the goods supplied or specified service provided or on completion of the installation or otherwise in accordance with any credit terms agreed between Us and You. You must make payment where We have properly invoiced You even if delivery has not taken place and/or even though the ownership of the Goods does not pass to You until You have made full payment as set out in Clause 10. We will only issue a receipt for payment if You request it. All payments must be made in pounds sterling unless otherwise agreed in writing between Us and You. Payment is to be made by either cash, cheque, debit card, credit card or BACS to Viabl Ltd t/a Able Group, Able House, 39 Progress Road, Leigh-on-Sea, Essex, SS9 5PR. If an invoice has been left with the You then payment can be given to Our installation engineer prior to the engineer's departure from Your site. If you are an account customer then payment is due 30 days after delivery of the goods or on completion of the installation unless you have agreed terms.
We shall arrange for the delivery of the Goods on the delivery date detailed in the quotation or as soon after that date as We are reasonably able. In any event, We will ensure that We deliver the Goods within no more than 30 days after the date of your acceptance of the quotation. Delivery will be to the address specified in Your enquiry or to another location as agreed in writing between Us and You. Subject to the specific terms of any special delivery service, delivery may take place at any time of the day and must be accepted at any time of the day.
Risk and ownership
Risk of damage to or loss of the Goods shall pass to You either when We deliver the Goods to You or when You or Your nominated carrier collects the Goods. Legal and beneficial ownership in the Goods will not pass to You until We have received, in cash or cleared funds, payment in full of the Price. We reserve the right to repossess any Goods in which We retain legal and beneficial ownership if We do not receive full payment in accordance with Clause 8.
Liability and consumer
Mutual Limitation on Liability. Neither party will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen upon entry into this agreement. We provide the Goods to You only for Your personal and private use/purposes. We make no warranty or representation that products, or other goods or materials that We provide to You are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity. Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or subcontractors) or for fraud or fraudulent misrepresentation. Furthermore, if you are a Consumer as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You under the Consumer Rights Act 2015, the Regulations, the Consumer Protection Act 1987, or any other consumer protection legislation, as that legislation is amended from time to time. This includes, without limitation, Your rights and remedies under all such legislation for any breach of any term of the contract (whether the terms is part of these Terms and Conditions or is a term implied by any such legislation) and for any non-conformity of the Goods with the contract. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.
All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation "GDPR" and Your rights under the GDPR. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from www.able-group.co.uk/privacy/.
All notices under these Terms and Conditions shall be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party). Notices shall be deemed to have been duly given; (a) when delivered, if delivered by courier or other messenger during the normal business hours of the recipient; (b) when sent, if transmitted by email and a successful transmission report or return receipt is generated; or (c) on the fifth business day following mailing, if mailed by national ordinary mail; All notices under these Terms and Conditions shall be addressed to the most recent address, email address notified to the other party.
Neither We nor You "first party" will be liable to the other for any failure or delay in performing any obligations under the contract where the failure or delay is due to a cause beyond the first party's reasonable control "Force Majeure". In that case the failure or delay will not be a failure or delay contrary to these Terms and Conditions or other terms of the contract.
No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
Whilst We use all reasonable endeavours to ensure that You are satisfied with the Goods and Your dealings with Us, We want to hear from You if you have any complaint about the Goods or any other complaint about Us or any of Our staff. All complaints are taken seriously, and we will deal with your enquiry as quickly as possible. In the first instance, please contact the Customer Relations Team on 01702 429663 or email email@example.com alternatively write to us at Able Group Customer Relations Team, Able House, 39 Progress Road, Leigh-on-Sea, Essex, SS9 5PR. Our policy is to provide a fair complaints procedure which is clear and easy to use for anyone wishing to make a complaint, make sure all complaints are investigated fairly and in a timely manner, make sure that complaints are, wherever possible, resolved and that relationships are repaired and to gather information which helps us to improve what we do.
Law and jurisdiction
These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales, Northern Ireland and Scotland. As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18 takes away or reduces your rights as a consumer to rely on those provisions. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland as determined by your residency.
Calls may be recorded for quality control and training purposes.
We will charge for diagnostic work.
Standard guarantees for the majority of goods supplied are the manufacturers standard. Please contact Us for more information. Any services provided usually have a 6-month labour guarantee, this from time to time may be removed or reduced which will be documented on our work report. This does not affect your rights under the Consumer Rights Act 2015.
Any time or date quoted by Us for delivery of the Goods as mentioned in Clause 9 or performance of any Services is an estimate only. We will do Our utmost to ensure that any quoted time and date is met and shall not be liable for any failure to meet such estimate nor for any loss, whether financial or otherwise.
Termination and suspension
We shall be entitled, in its absolute discretion and upon giving to You written notice of its intention, to terminate the contract if We in good faith have doubts as to the solvency of You.