Terms & Conditions

As we can accept your order and make it legally enforceable without further reference to you, you are kindly advised to read these terms and conditions to make sure that they are acceptable to you. If you are unsure, please contact us on +44 (0)7555 466 181 or daniel@homephilosophy.co.uk.
These terms and conditions will apply to the purchase of any and all services and goods provided by Home Philosophy Limited. By ordering any services or goods, you agree to be bound by these terms and conditions.
 
1. DEFINITIONS 
(a) ‘the Company’: Home Philosophy Limited. A company registered in England and Wales under number 9692921 whose registered office address is 304 High Street, Orpington, Kent, BR6 0NF, and whose trading address is Rock Cottage, Rock Hill, Chelsfield, Kent, BR6 7PJ. 

(b) ‘the Customer’: as detailed in the attached Quotation 

(c) ‘the Premises’: the premises where the System is installed or the Works carried out 

(d) ‘the System’: All equipment or material  supplied by the Company and installed at the Premises 
(e) ‘the Quotation’: The Quotation forming part of these terms and conditions bearing Quotation Reference No: [ xxxxx ] 

(f) ‘the Contract’: the whole agreement between the Company and the Customer as contained in the Quotation and these terms and conditions and any Change Order agreed by both parties. 

(g) ‘Change Order’: Any variation to the Quotation or Order. This may include, but is not limited to requests for: a) provision of additional goods or services, b) changes to material specifications; c) changes to scheduling.

(h) ‘the Works’: Services provided by The Company

2. RESERVATION OF TITLE 
(a) The Company may at any time before title passes and without any liability to the Customer 
(i) Repossess all or any of the system 
(ii) Enter the Premises for that purpose 

(b) The Company may maintain an action to recover the charges detailed in the Quotation & any Change Order agreed even if the title has not passed to the Customer. 

(c) All goods will remain the property of the Company until paid for in full by the Customer. 

3. GENERAL 
(a) All Quotations are valid for 30 days unless superseded (in which case the original Quotation is no longer valid)

(b) Payment Terms: 50% Deposit with Order. Additional 40% payment due not less than 6 weeks prior to completion of the installation of the System or Works carried out (as certified by the Company acting reasonably in all the circumstances). The final 10% payment to be made prior to practical completion of the installation of the System. 
Note: An order date for materials and scheduling or works cannot be secured until the first deposit is received. 
Final payment must be made prior to the scheduled date for completion of the installation. 

(c) If a payment due under this Contract has not been made in full within a period of 30 days from the date of the invoice then the Company shall be freed from all its obligations under this Contract until full payment has been made together with any interest charged in accordance with clause 3(d) below. 

(d) If a payment due under this Contract remains unsettled (in full or in part) after a period of 30 days from the date of invoice the Company may charge interest on any unpaid amount, and the rate of interest applicable shall be 4.5% above the base rate of HSBC Bank Plc from time to time in effect. 

(e) If the Customer is two or more persons or legal entities, their obligations under this Contract shall be joint and several. 

(f) Any notice sent under the terms of this Contract shall be validly served if sent to the addressee’s last known address by pre-paid 1st class post, and shall be assumed to have been received on the first working day after it was posted. 

(g) If the company fails to exercise or enforce any of its rights under this Contract, that failure shall not be deemed to be a waiver of such rights nor shall it prevent any subsequent exercise or enforcement of those rights. 

(h) This Contract shall in all respects be governed by English Law under the jurisdiction of the English Courts. 

(i) The Company cannot accept responsibility for any damage caused to System or the installation thereof by third party building contractors, either during or after installation. 

(j) The Company shall not be liable in respect of consequential or economic loss or damage howsoever caused, suffered by the Customer or any third party. 
(k) For the purposes of this Contract and these Terms and Conditions the expression “howsoever caused” shall include negligence on the part of the Company, it’s servants of agents, and the expression “loss or damage” shall include a liability to indemnify third parties. 

(l) The Company shall not be liable to the Customer for any loss or damage suffered by the Customer, whether directly or indirectly, if the Company prevented or delayed means beyond its control for carrying out its obligations under this Contract.

(m) All services, equipment and materials are subject to availability. 

(n) The Company reserves the right to refuse any requests from the Customer which may result in breach of relevant safety and/or regulatory laws. 

o) The Company reserves the right to refuse any Change Order requests from the Customer. 

4. CUSTOMER OBLIGATIONS 
(a) All the Company, its employees and agents (including sub-contractors) access to the Premises during normal working hours (and at other times in case of emergency) so that the rights and obligations of the Company under this Contract can be carried out. 

(b) Before the Company, or its employees or contractors can commence installation, sufficient provisioning of structural facilities and amenities in the working environment to allow the Works to be carried out in accordance with the Health and Safety at Work Act is required. i.e. Adequate work space to minimise risk of injury.   
(c) Scheduling Delays due to incomplete other trade services (e.g. decorating, carpentry etc) or building work will be the responsibility of the Customer and expenses incurred by the Company due to such delays may be charged to the Customer. 

(d) Any additional work carried out on site not covered by the Quotation will be charged at the relevant hourly rate plus materials & expenses. The same fee applies to any Change Order agreed by both parties.

(e) In the case of equipment, materials or services being made specific to the Customer requirements, it is the responsibility of the Customer to ensure that any information or specifications that are provided are accurate and correct.  

5. DAMAGES 
If the Customer seeks to terminate this Contract the Company shall be entitled to claim and recover from the Customer all sums which it would have received under the terms of this Contract until such time as the Contract is terminated (which termination to be valid must be in writing sent to the Company at its address station on the Quotation and which shall only become valid on the 7 working days following the date of receipt by the Company of the notice of termination), including the cost of all the items ordered by the Company which it has or is committed to pay for and any other costs and expenses whatsoever incurred by the Company and any other costs and expenses reasonably incurred by the Company (legal or otherwise) as a consequence of the Customer’s termination of the contract together with interest thereon for late payment.