1 Defined Terms
- 1.1 “Order Form” means the google document containing the Invoice reference number, price, and details of the work to be carried out (“Building a Bespoke Wood Fired Pizza Oven”).
2 Agreement
- 2.1 You agree to pay Us to carry out the Bespoke Work (typically the building of a wood fired pizza oven) detailed on the Order Form.
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- 2.2 We agree to carry out the Bespoke Work following a 25% deposit which should be paid into our bank account (details of which are on your invoice and order form).
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3 Price And Payment
- 3.1 Payment for the Bespoke Work must be made by bank transfer only or, at our sole discretion, through another method.
- 3.2 The quoted Price excludes applicable VAT unless explicitly stated otherwise.
- 3.3 The quoted Price is valid for a period of 7 days following the date the Quotation was produced.
4 Cancellation
- 4.1 In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 You have the right to cancel within a period of 14 days from placing Your order, provided We have not commenced production of the Bespoke Work. Once We have commenced production of the Bespoke Work the right to cancel is no longer applicable, in accordance with regulation 13(1)(c) of The Consumer Protection (Distance Selling) Regulations 2000.
- 4.2 We may cancel this agreement at any time prior to the production of the Bespoke Work. We may do so without giving any reason. In such a situation We will refund to You the amount paid, all refunds will be made by cheque and will be marked "Account Payeee" only.
5 Defects
- 5.1 If the Bespoke Work produced is not in accordance with the order form for any reason Your sole remedy is limited to Us making good any errors or omissions.
6. Delivery
- 6.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the Buyers home or Business address on the date specified by the Seller. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
- 6.2 The Seller will not deliver goods to any individual or business located at Swife Business Park, Broad Oak, Heathfield, East Sussex TN21 8UP, nor will the Seller allow any individual or business associated with this address to take delivery of a bespoke oven.
- 6.3 Should the seller become aware of any attempts at 6.2, then at the Sellers discretion, the Buyer will forefeit their deposit to cover some of the costs the Seller has incurred in building the Bespoke Oven.
- 6.4 The date of delivery specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the contract and while every reasonable effort will be made to comply with such dates compliance is not guaranteed and the Buyer shall have no right to damages or to cancel the order for failure for any cause to meet any delivery date stated.
- 6.5 If the Seller is unable to deliver the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such time as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
- 6.6 If the Buyer fails to accept delivery of Goods on the delivery date or within 3 days of notification that they are ready for despatch whether prior to or after the delivery date the Seller reserves the right to invoice the Goods to the Buyer and charge him therefore. In addition the Buyer shall then pay reasonable storage charges or demurrage as appropriate in the circumstances until the Goods are either despatched to the Buyer or disposed of elsewhere.
- 6.7 Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within 3 months of the delivery date.
6 Improper Use
- 6.1 The Bespoke Work produced may only be used for lawful purposes. You agree to indemnify Us and hold Us harmless from any and all claims resulting from unlawful use of the Bespoke Work produced.
7 Exclusions of Liability
- 7.1 We will incur no liability for any errors on the Order Form not corrected by You. You take full responsibility for ensuring that the details on the Order Form meets Your requirements.
- 7.2 The Bespoke Work is produced without any warranty or condition or representation as to its fitness for any particular purpose.
- 7.3 We may provide You with an estimated time scale for the production of the Bespoke Work. Such estimates are strictly advisory and are not guarantees. We will incur no liability for delays in the production of the Bespoke Work.
- 7.4 We will incur no liability if any aspect of the Bespoke Work that is dependent on a third-party service ceases to function to due the actions of that third-party.
- 7.5 In the event of any breach of contract by Us, the remedies available to You are limited to damages. Under no circumstances shall Our liability exceed the quoted Price.
8 Force Majeure
- 8.1 We shall not be held liable for failure to perform Our obligations under this agreement due to act of God, war, civil war, sabotage, act of terrorism, government sanction, embargo, import regulation, export regulation, labour disputes (including strikes, lockouts, boycotts, or other industrial action), failure in the transportation of equipment, machinery or personnel, failure in the provision of any utility (including power, gas, water, or communication services), or any event or circumstance beyond Our reasonable control.
9 Intellectual Property
- 9.1 Unless explicitly stated otherwise in the Quotation, We own all rights, interest, and title in the Bespoke Work produced, including all intellectual property rights. These rights are protected by intellectual property laws both in England and Wales and internationally. You agree not to reproduce, modify, disassemble or otherwise create derivative works from the Bespoke Work produced.
- 9.2 Should We become aware of any attempts to contravene section 9.1, We will immediatley cancel the Order and the Buyer will forefeit any deposit paid. At our discretion we may pursue the Buyer for the full cost of materials, labour and profit margin to cover our losses
- 9.3 You agree to indemnify Us and hold Us harmless from any and all claims resulting from Your negligence or inability to obtain relevant permissions in connection with any material You supply to Us.
10. Acceptance
- 10.1 The Seller is a manufacturer of Bespoke Wood Fired Pizza Ovens and the Buyer is exclusively responsible for detailing the specification of the Goods, for ascertaining the use to which they will be put and for determining their ability to function for that purpose.
- 10.2 The Buyer is required to inspect the Bespoke Wood Fired Pizza oven upon delivery and shall be deemed to have accepted the oven after inspection by the Buyer and before the Seller or ther representative leaves the Buyers premises. After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
- 8.3 The Buyer shall not remove or otherwise interfere with the marks or numbers on the Goods, including but not limited to the Sellers company name, model marks and serial numbers.
- 8.4 The Buyer shall accept delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or lesser than the quantity purchased provided that any such discrepancy shall not exceed 5%, the Price to be adjusted pro-rata to the discrepancy.
- 8.5 The Seller takes detailed photographs of the Bespoke oven prior to delivery, copies of which will be made avalable (at the Sellers discretion) upon request.
- 8.6 The Buyer shall not make copies, or allow anyone else to make copies of photographs supplied by the Seller, these remain the sole ownership and copight of the Seller.
9. Warranty
9.1 The Seller guarantees the Bespoke Pizza Oven from manufacturing defects for 12 months from the date of delivery.
9.2 The Bespoke Pizza Oven MUST be returned to and collected from the Seller at the Buyers expense for any repairs carried out under warranty.
9.3 Floor tiles and the ceramic inner shell are consumable items and are not covered under warranty. Like any ceramic, repeated heating and cooling causes cracks in floor tiles and ceramic shells to appear; Under normal circumstances the ceramic shell can be repaired with our "Putty" (supplied free of charge with your delivery) and floor tiles can be replaced in minutes by lifting out and slotting in a replacement.
9.4 At our discretion, We may be able to visit the delivery address to inspect any suspect manufacturing defects, should we be in a position to do so, we will not charge for the visit, even if we find no defect exists, or that it is not covered by warranty.
9.5 Any decison regarding a suspected defect is for us to determine.
9.6 We offer a free "even loan" service (subject to availability), regardless of wether any repairs are covered under warranty. The only charge for this is to cover our deliver expenses.