Everlast Terms & Conditions
- EVERLAST HOME IMPROVEMENTS LTD TERMS AND CONDITIONS
Entering into a legally binding contract – By signing the order form you are entering into a legally binding contract from the date you sign. This Agreement shall constitute the entire agreement between the parties and shall not be varied by either the company or the customer unless agreed by both the customer and an authorised signatory of Everlast Home Improvements Ltd (Everlast).
Provision of Services and delivery of Goods – Once we and you have entered into a legally binding contract we will normally start providing the Services to you at the Premises on a date agreed between us without further discussion with you. Occasionally the Services will be provided at some other date or time or be dependent on a number of factors. We aim to provide you with the Services using reasonable care and skill and in compliance with Consumer Rights laws and regulations in force at the time.
Property Access – You agree to allow Everlast, its employees, and sub-contractors to gain access to the Premises at the dates and times agreed to perform the Services or deliver the Goods. You agree to remove any items which will stop or hinder in the performance of the Services; protect your items or possessions from the effects of us performing the Services and make available domestic facilities at the Premises as we reasonably require. Where failure to allow access results in additional costs, you agree to pay these additional costs.
Building Permissions - You will obtain all necessary consents, permissions and approvals before we start performing the Services.
Payment for Goods and Services – You agree to make full payment within seven days of completion. You agree that where Goods or Service are delivered by instalments, you will not be entitled withhold a disproportionate amount of payment pending full delivery.
Failure to make payment – If you fail to make payment as set out above, we may charge interest at The Bank of England base interest rate plus 6% on any outstanding amounts from the due date (completion date). You will not refuse to pay any amount owing to us where there is only a minor or inconsequential defect or error in the performance of the Services. You will be entitled only to refuse to pay no more than a proportionate amount of any amount due. Everlast will be entitled to withhold provision of all Services until such time as payment of the said sum (and any interest due) has been paid in full.
Finance Options - If You have chosen to pay via one of Our finance options You will be required to enter into a separate finance agreement with one of Our finance providers. The finance agreement is a separate contract to Your Order and therefore if you cancel the finance agreement, the Order shall remain in effect and you shall be bound by these terms and conditions including in respect of payment for the Goods. If You cancel the finance agreement You must find an alternative method of payment.
Situations or events outside our reasonable control - Any failure by Everlast to perform its obligations under this Agreement through circumstances outside of our control will not constitute a breach of this Agreement.
Cancellation of order – You have the right to change your mind and cancel the contract within 14 days of the date entered on your order form. You may cancel this contract by completing the cancellation form attached to the bottom of the contract. Any refunds that are due to be repaid will be paid in the same form as the deposit received and will be processed within 14 days from receipt of the Cancellation form. You will be required to pay for any Goods and Material; Services undertaken; and any Delivery costs incurred before the end of the cancellation period. Any notice given to Everlast will be deemed given on the date of receipt by Everlast. Notices given to any agent or sub-contractor of Everlast shall not be effective service on Everlast.
Non-Solicitation - The Customer agrees that during the term of this Agreement and within 90 days of the completion date (for whatever reason), the Customer will not knowingly engage in business, employ or solicit the employment of any employees, sub-contractors or agents of Everlast.
Legal Jurisdiction - This Agreement shall be governed by English law and the Customer and Everlast agree to submit to the non-exclusive jurisdiction of the English Courts.