BARRETT CORP & HARRINGTON
TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES
1 These terms
1.1 What these terms cover. These are the terms and conditions on which we supply services to you, whether these are purchased online, in writing or over the phone. If you are purchasing our desk-based validation services, then our “Benchmark Services” document also applies and should be read in conjunction with these terms.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
• You are an individual.
• You are buying services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2 Information about us and how to contact us
2.1 Who we are. We are Barrett Corp & Harrington Ltd a company registered in England and Wales. Our company registration number is 05909758 and our registered office is at Charnwood House, Harcourt Way, Meridian Business Park, Leicestershire, LE19 1WP. Our registered VAT number is 889936924.
2.2 How to contact us. You can contact us by telephoning our customer service team at 01455 293510 or by writing to us at firstname.lastname@example.org or Barrett Corp & Harrington Ltd, Swan House, The Park, Market Bosworth, Warwickshire, CV13 0LJ.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3 Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 Covering Letter. Any covering letter and accompanying emails shall be read as a part of these terms. These terms and applicable covering letter supersede any earlier terms of engagement that may have been agreed with you. The terms of any applicable covering letter override these terms to the extent of any inconsistency.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the services or because we are unable to meet a delivery deadline you have specified.
3.4 Your reference number. We will assign a reference number to your order and tell you what it is when we accept your order. It will help us if you can tell us the reference number whenever you contact us about your order.
4 Our services
4.1 Services include:
4.1.1 Desk-based Buildings Insurance Validation. If we are making a desk-based Buildings Insurance Validation you are responsible for ensuring that the information provided is correct. You can find information and tips on how to measure on our website or by contacting us. We will inform you of the information we require in our correspondence.
4.1.2 Reinstatement Cost Assessment. We visit your site to note the building materials, take measurements and evaluate specific location factors.
5 Our rights to make changes
5.1 Minor changes to the services. We may change the services:
5.1.1 to reflect changes in relevant laws and regulatory requirements; and
5.1.2 to implement minor technical adjustments and improvements.
5.2 More significant changes to the services and these terms. In addition, as we informed you in the description of the services on our website, we may make changes to these terms or the services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received. For example if we decide a desk based Buildings Insurance Validation is not appropriate in the circumstances.
6 Providing the services
6.1 When we will provide the services. During the order process we will let you know when we will provide the services to you, this will depend on what service you have ordered.
6.2 We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
6.3 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 9.2 will apply. We agree to adhere to any of your reasonable site policies whilst on your premises.
6.4 If agreement cannot be reached as to the information and access required then the Contract for the specified Services will be deemed cancelled.
6.5 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you, for example, scaled floorplans. If so, this will have been stated in the description of the services on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. We also agree to keep your information confidential to the same standards as we would with our own confidential information and shall return or destroy it within seven (7) days of a request by you (save for us having to retain or disclose such information as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
6.6 Reasons we may suspend the supply of services to you. We may have to suspend the supply of our services to:
6.6.1 deal with technical problems or make minor technical changes;
6.6.2 update the services to reflect changes in relevant laws and regulatory requirements;
6.6.3 make changes to the report as requested by you or notified by us to you (see clause 5).
6.7 Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. You may contact us to end the contract for services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 21 days and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract (less any sums due for services provided up to the point of suspension).
6.8 We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 12.4) and you still do not make payment within 21 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid invoice (see clause 12.7). We will not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see clause 12.6).
7 Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
7.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back), see clause 11 if you are a consumer and clause 12 if you are a business;
7.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
7.1.3 If you are a consumer and have just changed your mind about the services, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
7.1.4 In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 7.6.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
7.2.1 we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 5.2);
7.2.2 we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
7.2.3 there is a risk that supply of the services may be significantly delayed because of events outside our control;
7.2.4 we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 2 months; or
7.2.5 you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of services, once these have been completed, even if the cancellation period is still running.
7.5 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
7.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
8 How to end the contract with us (including if you are a consumer who has changed their mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
8.1.1 Phone or email. Call customer services on 01455 293510 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.1.2 By post. Write to us at Barrett Corp & Harrington Ltd, Swan House, The Park, Market Bosworth, Warwickshire, CV13 0LJ, including details of what you bought, when you ordered or received it and your name and address.
8.2 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the services, by the method you used for payment. However, we may make deductions from the price, as described below.
8.3 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
8.3.1 We may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
8.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
9 Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for a services at any time by writing to you if:
9.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
9.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, scaled floorplans;
9.1.3 you do not, within a reasonable time, allow us access to your premises to supply the services.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10 If there is a problem with the services
How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone our customer service team at office 01455 293510 or write to us at firstname.lastname@example.org or Barrett Corp & Harrington Ltd, Swan House, The Park, Market Bosworth, Warwickshire, CV13 0LJ.
11 Your rights in respect of defective services if you are a consumer
11.1 If you are a consumer we are under a legal duty to supply services that are in conformity with this contract. See below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time. See also clause 7.2.
12 Price and payment
12.1 Where to find the price for the services. The price of the services will be the price indicated on the order pages when you placed your order or in our quotation email and covering letter. We take all reasonable care to ensure that the price of the services advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the services you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the services’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the scope of the services is altered or significantly different from that envisaged by us, after discussion with you but at our sole discretion, we reserve the right to amend the price as appropriate. If the services’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay. We accept payment via Worldpay and accept Visa Credit, Visa Debit, Mastercard Credit, Mastercard Debit, JCB, Visa Electron and Maestro cards. We also accept bank transfers. All payments should state the applicable reference number. When you must pay depends on what services you are buying for:
12.4.1 Buildings Insurance Validation and other desk-based services. You must pay for the services when prompted to do so, but in any event before the report is issued.
12.4.2 All other services. We will invoice you for the price of the services when we have completed the services You must pay each invoice within 7 calendar days after the date of the invoice.
12.5 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
12.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13 Our responsibility for loss or damage suffered by you if you are a consumer
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services as summarised at clause 11.1; and for defective services under the Consumer Protection Act 1987.
13.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
13.4 We are not liable for business losses. If you are a consumer we only supply the services for to you for domestic and private use. If you use the services for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 14.
14 Our responsibility for loss or damage suffered by you if you are a business
14.1 Nothing in these terms shall limit or exclude our liability for:
14.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
14.1.2 fraud or fraudulent misrepresentation;
14.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
14.1.4 defective services under the Consumer Protection Act 1987; or
14.1.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
14.2 Except to the extent expressly stated in clause 12 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
14.3 Subject to clause 14.1:
14.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
14.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £1 million (one million pounds) for Benchmark validations, our desk based service and £2 million (two million pounds) for our full, site-visit based reinstatement cost assessment service. You accept that this limitation is reasonable in the circumstances and that it is your obligation to assess whether further protection from any losses over and above these amounts should be obtained by you.
15 How we may use your personal information
16 Other important terms
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates
separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English and Welsh law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
16.7 Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
16.8 If any dispute arises in connection with this agreement, the parties agree to enter into mediation in good faith to settle such a dispute and will do so in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties within 14 working days of notice of the dispute, the mediator will be nominated by CEDR.
16.9 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.