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Terms of Business

 

Terms of Business (Residential)

These Terms of Business are the standard terms for the provision of services by WRAY Exterior Ltd. Postal address: 1 Brompton Drive, Apperley Bridge, Bradford, BD10 0DW.

1. Definitions and Interpretation

  • Business Day: Any day other than a Saturday, Sunday, or bank holiday.
  • Calendar Day: Any day of the year.
  • Contract: The contract for the provision of Services, as explained in Clause 3.
  • Deposit: An advance payment made to Us under sub-Clause 5.5.
  • Month: A calendar month.
  • Price: The price payable for the Services.
  • Services: The services to be provided by Us as specified in your Order.
  • Special Price: A special offer price payable for Services offered from time to time.
  • Order: Your order for the Services.
  • Order Confirmation: Our acceptance and confirmation of your Order.
 

“I/We/Us/Our/WRAY Exterior Ltd” means Tom Wray, trading as WRAY Exterior Ltd. Postal address: 1 Brompton Drive, Apperley Bridge, Bradford, BD10 0DW.

Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.

2. Information About Us

  1. Tom Wray operates as the sole Director and Owner of WRAY Exterior Ltd, registered in England & Wales
  2. VAT Status: As a small business, WRAY Exterior Ltd is not VAT registered, and our prices are not subject to VAT.
 

3. The Contract

  1. These Terms and Conditions govern the sale and provision of Services by Us and form the basis of the Contract.
  2. Nothing provided by us constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
  3. A legally binding contract between Us and you will be created upon our acceptance of your Order, indicated by Our Order Confirmation.
  4. We will ensure that, before the Contract is formed between us, you receive or have access to the following information, unless it is already evident from the context of the transaction:
    1. The main characteristics of the Services;
    2. Our identity (outlined in Clause 2 above) and contact details (as specified in Clause 11 below);
    3. The total Price for the Services, inclusive of taxes, or, if the nature of the Services makes it impossible to determine the Price in advance, the method of calculation;
    4. Details regarding payment, performance, and the timeframe within which We commit to delivering the Services;
    5. Our complaints handling policy;
    6. Information on after-sales services and commercial guarantees, where applicable;
    7. The duration of the Contract, if applicable, or, in the case of an indeterminate Contract or one subject to automatic extension, the conditions for terminating the Contract.
 

4. Orders

  1. All Orders for Services are subject to these Terms and Conditions.
  2. You may change your Order before we begin providing the Services.
  3. If your Order is changed, We will inform you of any change to the price in writing.
  4. You may cancel your Order within 7 days of placing it. Refunds under Clause 5.6 will be made within 14 Calendar Days of Our acceptance of your cancellation.
  5. We may cancel your Order before providing the Services due to unavailability or an event outside Our control.
 

5. Price and Payment

  1. The Price of the Services will be as shown in Our Quotation Document, or in your Quotation email.
  2. If we quote a Special Price different from the Price in Our Quotation Document, it’s valid for 10 days or as advertised. Orders during this period will be accepted at the Special Price.
  3. Prices may change, but changes won’t affect accepted Orders.
  4. Before providing Services, a 20% Deposit of the total Price may be required. Pre-payment for equipment, materials, or labor might also be necessary.
  5. If your Order is canceled, Deposit refund depends on work completed, as per sub-Clauses 4.4 and 4.5. Refer to Clause 10 for cancellations after Service begins.
  6. The balance of the Price is payable after providing the Service.
  7. Accepted payment methods: Cash, Card Payment, Bank Transfer.
  8. Interest of 4% per annum above the base lending rate may be charged on overdue sums.
  9. Interest won’t apply if you promptly dispute an invoice in good faith. No interest accrues during a ongoing dispute.
 

6. Providing the Services

  1. In compliance with legal standards, we commit to delivering the Services with a reasonable level of skill and care, adhering to the best practices and standards in the hard surface restoration industry, and in alignment with the information provided by us regarding the Services.
  2. The commencement of the Services will occur on the date confirmed in our Order Confirmation.
  3. The provision of Services will persist for a mutually agreed-upon duration.
  4. While making every reasonable effort to complete the Services within the agreed timeframe (in accordance with your Order), we acknowledge that circumstances beyond our control may cause delays. Please refer to Clause 9 for events falling outside our control.
  5. Should we require specific information or action from you to facilitate the Services, we will promptly communicate these requirements. For instance, access to water and electricity may be essential.
  6. If the information or action requested under sub-Clause 6.5 is delayed, incomplete, or incorrect, we cannot be held responsible for resulting delays. Any additional work required to rectify mistakes due to incomplete or inaccurate information on your part may incur a reasonable additional charge.
  7. Under certain circumstances, such as delays in your provision of information or action as per sub-Clause 6.5, we reserve the right to suspend the Services (with written notice).
  8. In situations involving technical problems, we may suspend the Services to address the issue, providing advance written notice unless it constitutes an emergency requiring immediate attention.
  9. During the suspension of Services under sub-Clauses 6.7 or 6.8, you will not be billed. However, any invoices received prior to suspension must be settled by their respective due dates.
  10. Failure to make timely payments under Clause 5 may result in the suspension of Services until all outstanding sums are paid. Notification of such suspension will be provided in writing, without affecting our right to charge interest under sub-Clause 5.10.
 

7. Problems with the Services and Your Legal Rights

  1. We consistently strive to ensure a trouble-free provision of our Services. However, in the event of any issues, we encourage you to promptly inform us as soon as reasonably possible (written communication is not necessary).
  2. Efforts will be promptly made to address and remedy problems with the Services in a practical timeframe. In emergency situations, particularly those impacting vulnerable individuals in your property, we commit to resolving issues within 24 hours.
  3. Under Clause 7, we will not impose charges for addressing problems caused by us, our agents, employees, or sub-contractors, or situations where no party is at fault. However, if a problem arises due to incorrect or incomplete information or action on your part (sub-Clause 6.6), we reserve the right to charge for remedial work.
  4. As a consumer, you hold legal rights in connection with service purchases. For comprehensive details on your legal rights and guidance on their exercise, it is advisable to contact your local Citizens Advice Bureau or Trading Standards Office.
  5. Should we fail to perform the Services with reasonable skill and care, you have the right to request repeat performance. If that is not feasible or completed within a reasonable time without causing inconvenience, you are entitled to a reduction in price. Similarly, if the Services do not align with the information we provided, you have the right to request repeat performance or, if not feasible or accomplished within a reasonable time without causing inconvenience (or if our breach pertains to information about us unrelated to service performance), the right to a reduction in price.
  6. If Services need to be repeated in accordance with your legal rights, we will not charge you, covering all costs. In cases involving a price reduction, it may range up to the full Price, potentially resulting in a full or partial refund if you have already made payments to us. Any refunds will be issued promptly (within 14 calendar days of agreeing to the refund), utilising the original payment method unless an alternative is requested. Additionally, you retain remedies if materials used are faulty or incorrectly described, beyond your legal rights related directly to the Service.
 

8. Our Liability

  1. We will assume responsibility for any foreseeable loss or damage resulting from our breach of these Terms and Conditions or due to our negligence, which includes the actions of our employees, agents, or sub-contractors. Loss or damage is deemed foreseeable if it is an obvious consequence of the breach or negligence, or if both parties contemplate it when creating the Contract. However, we will not be accountable for loss or damage that is not foreseeable.
  2. Our Services are expressly provided for domestic and private use. We do not warrant or represent that the Services are suitable for commercial, business, or industrial purposes. By placing your Order, you agree not to utilise the Services for such purposes. Consequently, we shall not be liable for any loss of profit, business interruption, or any missed business opportunities.
  3. In the event that we cause damage while providing Services within your property, we commit to rectifying that damage at no additional cost to you. However, we do not assume responsibility for any pre-existing faults or damage in or to your property that we may uncover during the provision of Services.
  4. These Terms and Conditions do not aim to exclude or limit our liability for death or personal injury caused by our negligence (or that of our employees, agents, or sub-contractors) or for fraud or fraudulent misrepresentation.
  5. Moreover, these Terms and Conditions do not seek to exclude or limit our liability for failing to perform the Services with reasonable care and skill, or in accordance with information provided by us about the Services or our identity.
  6. Importantly, these Terms and Conditions do not seek to exclude or limit your legal rights as a consumer. For comprehensive details on your legal rights, please consult your local Citizens Advice Bureau or Trading Standards Office.
 

9. Events Outside of Our Control (Force Majeure)

  1. In circumstances beyond Our reasonable control, such as power failure, internet service provider issues, strikes, lock-outs, or other industrial actions by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, epidemic, or other natural disasters, We shall not be held liable for any failure or delay in fulfilling Our obligations.
  2. Should any event described under this Clause 9 occur, likely to adversely affect Our performance of obligations under these Terms and Conditions:
    1. We will promptly notify you;
    2. Our obligations will be temporarily suspended, and any associated time limits extended accordingly;
    3. Once the event concludes, We will inform you and provide details of any new dates, times, or availability of Services as necessary;
    4. In the event you wish to cancel the Contract due to an uncontrollable event, you may do so in accordance with your right to Cancel under sub-Clause 10.3.3. Any refunds due to you will be paid promptly, within 14 Calendar Days of Our acceptance of your cancellation notice;
    5. If the uncontrollable event persists for more than 2 weeks, We reserve the right to cancel the Contract under sub-Clause 10.6.3. Any refunds due to you will be paid promptly, within 14 Calendar Days of Our cancellation notice.
 

10. Cancellation

  1. You can cancel your Service Order before commencement under sub-Clause 4.4.
  2. You have the right to cancel the Services and the Contract at any time by providing Us with 24 hours’ written notice after We have started providing the Services.
  3. If you’ve paid for any Services not yet provided, we’ll refund these sums within 14 Calendar Days of accepting your cancellation. If we’ve provided unpaid-for Services, these sums will be deducted from any refund or invoiced, payable per Clause 5.
  4. You may cancel immediately by providing written notice if:
    1. We materially breach the Contract and fail to remedy it within 24 hours of your written request;
    2. We enter into liquidation, have an administrator or receiver appointed, or are unable to provide Services due to events beyond Our control (as per sub-Clause 9.2.4);
    3. We change these Terms and Conditions to your material disadvantage.
  5. We may cancel your Order before Service commencement under sub-Clause 4.5.
    1. After commencing Services, We may cancel with 24 hours’ notice. Refunds and invoicing will follow the same process outlined in point 2.
  6. We may cancel immediately by providing written notice if:
    1. You fail to make a timely payment under Clause 5 (excluding our right to charge interest under sub-Clause 5.10);
    2. You materially breach the Contract and fail to remedy it within 24 hours of our written request;
    3. We are unable to provide Services due to events beyond Our control (for a period longer than in sub-Clause 9.2.5).
  7. A breach is considered ‘material’ if it’s not minimal or trivial in its consequences to the terminating party. The cause of the breach (accident, mishap, mistake, or misunderstanding) is not considered in determining its materiality.
 

11.Communication and Contact Details

  1. For general inquiries, you may contact Wray Exterior Ltd by telephone at 07947 479993 or via email at info@wrayexterior.co.uk.
  2. In specific circumstances, written communication is required, such as when canceling an Order or exercising your right to cancel the Services.
    1. Written correspondence methods include:
    2. Email: info@wrayexterior.co.uk.
  3. Wray Exterior Ltd values customer feedback and addresses complaints promptly.
    1. To complain about any aspect of your dealings, including these Terms and Conditions, the Contract, or the Services, you can reach us through:
    2. Email: info@wrayexterior.co.uk.
    3. Telephone: 07947 479993
  4. Your personal information will solely be used for providing quotes and communication purposes.
 

12. Other Important Terms

  1. We reserve the right to transfer (assign) Our obligations and rights under these Terms and Conditions and the Contract to a third party, such as in the event of a business sale. You will be notified in writing, and your rights will remain unaffected, with the third party assuming Our obligations.
  2. You may not transfer (assign) your obligations and rights under these Terms and Conditions and the Contract without obtaining Our express written permission.
  3. The Contract is a legal agreement between you and Us. It does not confer benefits on any other person or third party, and no such party is entitled to enforce any provision of these Terms and Conditions.
  4. If any provision of these Terms and Conditions is deemed unlawful, invalid, or unenforceable by a court or other authority, such provision(s) shall be considered severed from the remaining Terms and Conditions. The remainder shall remain valid and enforceable.
  5. No failure or delay by Us in exercising any rights under these Terms and Conditions constitutes a waiver of that right. Waiving a breach of any provision does not imply a waiver of any subsequent breach.
  6. We reserve the right to publicise our work to promote our business, subject to not breaching any existing agreements with you. This may include displaying photos, videos, or written accounts of completed jobs on our website, social media, or other platforms.
 

13. Governing Law and Jurisdiction

  1. These Terms and Conditions, the Contract, and the overall relationship between you and Us, whether contractual or otherwise, shall be governed by and construed in accordance with the laws of England & Wales.
  2. Any dispute, controversy, proceedings, or claim arising between you and Us concerning these Terms and Conditions, the Contract, or the relationship (whether contractual or otherwise) will be subject to the jurisdiction of the courts in England, Wales, Scotland, or Northern Ireland. The specific jurisdiction will be determined based on your residency.