Terms & Conditions of Business For Goods & Services
T's & C's when accessing our Offerings...
1 Governing Law and Jurisdiction
Parties to this Agreement agree to submit to the exclusive jurisdiction of the courts of England and Wales.
2 Entire Agreement
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written.
3 Third Party Rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
4 Customer Services
4.1 To protect your own interests please read the conditions carefully. If you are uncertain as to your rights under them or you want any explanation about them please write or telephone our offices, at the address and telephone number set out above.
4.2 Complaints will be handled in a prompt and courteous manner. Russell
Trudgen, the Architectural Director will respond to complaints. An acknowledgement of any complaint will be made within 10 working days from the receipt of a complaint. A response addressing the issues raised in the initial letter of complaint will be made within 30 working days from its receipt. We will encourage alternative methods of dispute resolution, such as mediation or conciliation. The Client has the right to register a complaint with the ARB.
5 Changes to Terms and Conditions of Business
We reserve the right to make minor changes to this Agreement from time to time.
6 Payment of Invoices for Services Received
6.1 Fee notes will normally be submitted on a monthly basis. Interim fee notes
may be submitted as appropriate. Payment is due within 14 days unless other payment arrangements have been formally agreed in writing, and non-payment of fees within such period shall constitute grounds for the suspension of the services without liability as to the consequences of such suspension.
6.2 The time stipulated for payment shall be of the essence of the Agreement.
Failure to pay within the period specified shall entitle us to write to you upon the expiration of seven days’ notice, to charge you for costs and expenses incurred in recovering late payments, and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.
6.3 All overdue fees are liable to the application of compound monthly interest
at 8% above the current minimum lending rate at the Bank of England from the original date of the fee note. Additionally a £25 standard administration fee will be incurred for every invoiced statement where interest is payable.
7.1. If the cost to us of carrying out the work is subsequently increased by reason of increases
in the cost of materials and/or labour and/or any other factor outside our control, then we shall notify you before undertaking any work to which the increase will apply. If you require us to discontinue the work, you shall only be required to pay us for the work already carried out.
7.2 If in our opinion it is not reasonably practicable for any reason to carry out any
of the work we are instructed to carry out, we shall be entitled to refrain from
carrying out or completing such work and will consult with you as to what, if any, work is to be undertaken. We will, if requested by you, provide a written explanation as to why any work is not considered to be reasonably practicable.
7.3 If you require us to discontinue work, you shall be required to pay us for work already
carried out prior to receipt of written confirmation from yourselves to cease work.
8 Prices of Goods
8.1 The price for the supply of good and services are set out as attached. We shall request 50% - 100% of the value of the goods prior to order and invoice you the remainder prior to delivery.
8.2 We shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England. A £25 standard fee will also be incurred for each invoice statement where interest has been incurred.
8.3 The price of the goods and services is exclusive of Value Added Tax which shall be charged at the rate prevailing at the relevant tax point.
9 Ownership of the Goods
You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.
10 Delivery of Goods
We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
11 Warranty of Goods
11.1 We warrant that on delivery of goods and all their component parts, where applicable, are free from any defects in design, workmanship, construction or materials. Any additional warranties described in the specification document are manufacturers warranty only.
11.2 We warrant that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.
12 Right to Cancel Order of Goods
12.1 You are permitted to cancel this Agreement by sending written notice 14 days days after the date on which goods have been purchased. If you request cancellation at a later date, then unless we are in breach of contract, we have the right to refuse or retain all or part of any payment as a contribution towards any losses or costs we suffer as a result of the cancellation. Any items of a bespoke nature, when ordered cannot be returned once ordered unless a manufacturing fault is found with the item.
12.2 If you have received the goods before you cancel this Agreement then you must send the goods back to our contact address at your own cost and risk. If you cancel this Agreement but we have already processed goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible. A re-stocking charge will be incurred.
12.3 Once you have notified us that you are cancelling this Agreement, any sum credited to us from yourself will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT any goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
12.4 You will be re-credited for the costs incurred in returning faulty or unsatisfactory goods.
12.5 Any bespoke order will not be refundable.
12.6 We reserve the right to cancel the Agreement between us if:
12.6.1 there is insufficient stock to deliver the goods you have ordered;
12.6.2 delivery is not possible to your area
12.6.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
13 Payment of Invoices for Goods
Payment for the supply of goods will by proforma invoice prior to order and delivery of goods.
As soon as we have delivered the goods, you will be responsible for them and we will not be liable for their loss or destruction. Therefore, you would need to take necessary steps to insure the items. If you delay a delivery, our responsibility for everything other than damage due to our negligence will end on the date we agreed to deliver them.
15 General Items
15.1 Any terms or conditions sought to be imposed by either party shall not be incorporated into the Contract and shall have no effect unless agreed to in writing by the other party.
15.2 We may, as your agent, directly or through an intermediary ask another contractor ("Third Party Contractor") to carry out some or all of any work which you instruct us to carry out for you. We shall pay the reasonable charges of Third Party Contractors on your behalf and recharge them to you with our own fees. We will ensure that the Third Party Contractor fees which are recharged to you are in line with the fees we will have quoted to you, had we done the work ourselves. We will take all reasonable care in selecting and instructing a Third Party Contractor.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
17.1 Except for death or personal injury caused by our negligent acts or omissions we shall only be liable for any loss or damage which is a reasonably foreseeable consequence of a breach of this Agreement.
17.2 You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach or default in the discharge of your obligations.
17.3 Where we need to carry out work on your premises and/or install equipment, we will not accept liability for the cost of repairing or replacing parts of your existing system which occurs due to faults in your system unless we have been negligent in not realising that such damage may occur or in the way we did the work.
17.4 In the event of our losing or damaging your goods, we will pay for the reasonable costs of the repair or replacement (less wear or tear) of the item or provide you with a full refund if we have been negligent.
17.5 Nothing in this Agreement shall exclude or limit the Company’s liability for death or personal injury resulting from the Company’s negligence or that of its employees, agents or sub-contractors.
17.6 Igloo Interiors as a trading name of Arctic Associates Ltd is covered by the Professional Liability Insurance of Arctic Associates Ltd.
When using our website you agree to....
This acceptable use policy sets out the terms between you and us under which you may access our websites arctic-associates.co.uk and igloointeriors.com (our sites). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Terms of Website Use
www.arctic-associates.co.uk and www.igloointeriors.com (our sites) are operated by Arctic Associates Ltd (we or us). We are registered in England and Wales under company number Arctic Associates Ltd and we have our registered office at 7 Office Campus, Red Hall Court, Paragon Business park, Wakefield WF1 2UY. Our main trading address is 33 Queen Street, Morley, Leeds LS27 8EE. Our VAT number is 948071211
We are regulated by the ARB Architects Registration Board. Members of the Company are registered with AABC Architect Accredited in Building Conservation.
You may use our site only for lawful purposes. You may not use our site:
· In any way that breaches any applicable local, national or international law or regulation.
· In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
· For the purpose of harming or attempting to harm minors in any way.
· To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards
· To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
· To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
· Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms of Website Use
· Not to access without authority, interfere with, damage or disrupt:
· any part of our site;
· any equipment or network on which our site is stored;
· any software used in the provision of our site; or
· any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
· Chat rooms.
· Bulletin boards.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
· Be accurate (where they state facts).
· Be genuinely held (where they state opinions).
· Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
· Contain any material which is defamatory of any person.
· Contain any material which is obscene, offensive, hateful or inflammatory.
· Promote sexually explicit material.
· Promote violence.
· Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Infringe any copyright, database right or trade mark of any other person.
· Be likely to deceive any person.
· Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
· Promote any illegal activity.
· Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
· Be likely to harass, upset, embarrass, alarm or annoy any other person.
· Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
· Give the impression that they emanate from us, if this is not the case.
· Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and Termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
· Immediate, temporary or permanent withdrawal of your right to use our site.
· Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
· Issue of a warning to you.
· Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
· Further legal action against you.
· Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the Acceptable Use Policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.