Installation Terms and Conditions
and Installation Service Agreement:
These Terms and Conditions are the standard terms and conditions which apply to the provision of installation services by Treehouse Life Ltd. to customers who require installation services to be provided at their site location.
1. Definitions and Interpretations
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Agreed Times” means the times which You and We agree for Treehouse Life Ltd. to have access to the Property to complete the Job as specified in the Agreement;
“Agreement” means the contract into which You and We will enter if You accept the Quotation. The Agreement will incorporate, and be subject to, these Terms and Conditions. Our standard form of Agreement is shown as Schedule 1;
“Installation Team” means Us or Our employee[s] who will be responsible for providing the Installation Services;
“Installation Services” means the Installation Services We will provide as specified in the Agreement;
“Business” means any business, trade, craft or profession carried on by You or any other person/organisation and in relation to these Terms and Conditions means a Business or commercial customer of Treehouse Life Ltd. who are subject to their own Public Liability, Employers Liability and Product Liability insurances, also all legal responsibilities to their customers and staff in terms of maintenance, service, health and safety requirements;
“Consumer” means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of Treehouse Life Ltd. who receives Installation Services for their personal use and for purposes wholly or mainly outside the purposes of any Business;
“Initial Payment” means the Initial Payment You will be required to pay in accordance with these Terms and Conditions;
“Interim Payment” means the Interim Payment You will be required to pay in accordance with these Terms and Conditions;
“Final Payment” means the Final Payment You will be required to pay in accordance with these Terms and Conditions and will be a completion of the total of all sums You must pay which will be shown on the invoice issued in accordance with these Terms and Conditions;
“Project” means the complete performance of the Installation Services;
“Enquiry” means Your initial request for Us to provide the Installation Services as set out in these Terms and Conditions;
“Product” means the third party Products required for the provision of the Installation Services which We will supply (if any) as specified in the Agreement;
“Property” means Your site location, as detailed in the Order and the Agreement, at which the Project is to take place;
“Quotation” means the Quotation We give to You detailing the services We will provide to You and the fees We will charge;
“Quoted Fee” means the fee set out in the Quotation which may change according to the actual work undertaken as set out in Clause 6 of these Terms and Conditions;
“Start Date” means the date You and We agree on for Us to start providing the Installation Services as specified in the Agreement;
“Visit” means any occasion, scheduled or otherwise, on which the Installation Team visits the Property to provide the Installation Services;
“We/Us/Our” means Treehouse Life Ltd. and includes all employees, agents and sub-contractors of Treehouse Life Ltd.;
“Work Area” means the part of the Property where the Installation Services are to be provided;
“You/Your” means a Consumer who is a customer of Treehouse Life Ltd.
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.
Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.
Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions.
Each reference to a Schedule is a reference to a schedule attached to these Terms and Conditions.
The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
Words signifying the singular number will include the plural and vice versa.
References to any gender will include the other gender.
References to persons, unless the context otherwise requires, include corporations.
2. Information about us
We are a Private Limited Company.
We trade under the name Treehouse Life Ltd.
We are registered at Companies House in United Kingdom under number 09708820.
Our registered office is 2 Pledges Yard Falkland Road Dorking Surrey RH4 3AD, UK.
Our main trading address is Dean House Farm, Church Road, Newdigate, Surrey, RH5 5DL, UK.
Communication and Contact Details:
If You wish to contact Us with questions or complaints, You may contact Us by telephone at +44 7956 225500 or by email at firstname.lastname@example.org
In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions).
When contacting Us in writing You may use the following methods:
Contact Us by email at email@example.com; or
Contact Us by pre-paid post to 2, Pledges Yard, Falkland Road, Dorking, Surrey, RH4 3AD, UK.
We accept Enquiries for a Project and/or Installation Services by telephone, letter, text, email, web site enquiry form, in person or recommendation.
When making an Enquiry You should include the location of the Property, your ‘wish-list’ including a complete Project scope and Installation Services required, also, if possible some photos of the site and a preferred budget target.
We may respond directly to your enquiry by telephone or email, also using web links. We may help and support your Enquiry with guidance and example materials such as 3D sketch model drawings and our photographs of similar Projects. We may also schedule with you a site consultation at a date and time convenient with you to guide, help and support your Enquiry.
There may be specific costs related to a site consultation, which will be made clear to you beforehand, agreed and settled specifically as a site consultation invoice. Any site consultation costs or fees are entirely without obligation to acceptance of any Quotation, Agreement or Contract for a Project or Installation Services.
Once the Enquiry is complete and submitted We will prepare a Quotation and send it to You either by email or first class post. The Quotation will set out the required Initial Payment, Interim Payment and Final Payment.
You may make changes to the Enquiry and Quotation before You accept it. You may accept the Quotation by telephone, email or first class post.
4. Initial, Interim and Final Payment
At the time of accepting the Quotation or not more than 7 days thereafter You must pay Us an Initial Payment. The Initial Payment will be 40% of the quoted fee. We will not confirm an Order until the Initial Payment is paid in full.
The Initial Payment is non-refundable except as set out in Clauses 11, 12 and 13.
On the Project Start Date or not more than 7 days thereafter You must pay Us an Interim Payment. The Interim Payment will be 40% of the quoted fee.
The Interim Payment is non-refundable except as set out in Clause 11, 12 and 13.
On practical completion You must pay Us a Final Payment. The Final Payment will be completion of all Fees applicable to the Project in accordance with Clause 5.
5. Fees and payment
The Quoted Fee will include the price payable for the Installation Services and for the estimated Products required.
Payment schedule will be given in the Quotation and the total will be payable as three instalments as Initial Payment, Interim Payment and Final Payment.
We will where reasonably possible use only the Products (and quantities of Products) set out in the Agreement; however if additional Products are required We will adjust the Final Payment to reflect this. We will keep any increases to a necessary minimum.
If the price of Products or services increases during the period between Your acceptance of the Agreement and the Start Date, We will inform You of the increase and of any difference in the Final Payment.
The Quoted Fee, Initial Payment, Interim Payment and Final Payment will be shown both exclusive and inclusive VAT [as relevant and according to UK HMRC VAT requirements] .
We will invoice You for the Initial Payment, Interim Payment and Final Payment.
You must pay any invoice within 7 days of receiving it.
We accept the following methods of payment:
- BACS payment as detailed with the Agreement.
If You do not pay an invoice by the due date We may charge You interest on the overdue sum at the rate of 2% above the base rate of Barclays Bank from time to time until payment in full is made. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.
If You have promptly contacted Us to dispute an invoice in good faith We will not charge interest while such a dispute is ongoing.
6. Installation Services
Before We start the Project We will carry out a full inspection of the Property to check that the Installation Services are appropriate for the Property, practical and can be carried out safely. In some cases we may undertake this inspection in the form of written questions for which we will require written answers before We start the Project.
We will provide the Installation Services in accordance with the specification set out in the Agreement (as may be amended by agreement between You and Us from time to time).
We may provide sketches, plans, diagrams, photos or similar documents in advance of the Project. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Project or to guarantee specific results.
At all times and in perpetuity all such sketches, plans, diagrams, photos or similar documents will remain the property of Us and as such We retain all Intellectual Property rights.
We will use reasonable endeavours to ensure that the Products We use match those chosen by You and are consistent throughout the Project (or relevant parts of the Project). However, We cannot guarantee the quality or consistency of the Products.
We will ensure that all Products comply with any relevant standards and are in a satisfactory condition at the time of use.
We will ensure that the Installation Services are performed with reasonable care and skill and to a reasonable standard, which is consistent with best trade practice.
We will notify You in advance if the work We are doing is likely to affect the Project outside of the Work Area and We will advise You of any remedial work You are likely to have to carry out. If further remedial work is needed, beyond the scope of the advice we gave You, We will carry it out at Our expense.
We will ensure that We comply with all relevant codes of practice.
We will properly dispose of all waste that results from Our provision of the Installation Services.
If We cause any damage during the course of the Project We will repair the damage before completing the Project.
If any inspections are required following completion of the Project We will arrange for the inspections to be carried out.
Where a Project is to last for more than one working day, the Installation Team will where reasonably possible leave the Property in a clean and tidy state and minimise any disruption to Your use and enjoyment of the Property while work is being carried out. We will wherever possible store all tools and materials only in the Work Area or an agreed local or on-site storage area or remove them from the Property at the end of each working day.
Before the Project is completed We will work with You to produce a snag list identifying any faults or defects in Our work which we need to put right before completion of the Project. We will not be responsible for any defects which result from the work of third party contractors over whom We have no control.
We guarantee that the product of the Installation Services provided will be free from material defects for a period of 12 months following completion of the Project and receipt of the Final Payment.
If any defect in the products of the Installation Services appears during the guarantee period We will rectify the defects free of labour and materials charge. We will charge at actual cost for all reasonable travel and accommodation costs required to fulfil rectification at your Property.
8. Your Obligations
Any specific Obligations for Your Project that are required before Start Date and/or completion of your Project will be specified in the Quotation.
If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities, tree specialists or similar, You must obtain them before we begin to provide the Installation Services.
If any boundary agreements are needed, You must enter into those agreements before we begin to provide the Installation Services.
You will ensure that the Installation Team can access the Property at the Agreed Times to provide the Installation Services.
You may either give the Installation Team a set of keys to the Property or be present at the Agreed Times to give the Installation Team access. We promise that the Installation Team will keep all keys safely and securely.
You must ensure that the Installer has access to electrical outlets (240V) and a supply of hot and cold running water.
You must ensure that the Work Area is kept clear of furniture and other items and out of use by all persons for the duration of the Project unless We direct otherwise.
If You do access the Work Area at any time during the course of the Project You must observe all relevant health and safety rules and must comply with any additional instructions the Installation Team gives You.
Unless landscaping following completion of building work forms an agreed part of the Installation Services, You will be responsible for any landscaping required.
You must give Us at least 7 days notice if You do not require the Installation Team to provide the Installation Services on a particular day or at a particular time. We will not invoice for cancelled Visits provided such notice is given. If less than 7 days notice is given We will invoice You at the normal rate.
We will endeavour to use and share our experience, knowledge and know-how regarding planning permissions including advice and contact details for experienced planning consultants. Planning permission may sometimes be necessary and at other times advisory, the attitude and instructions for councils and authorities may be different according to location and circumstances. It is important that subject to any advice we may give from time to time that You satisfy yourself at all times with regards any permissions required immediately or in the future. Upon acceptance of the Quotation You take full responsibility for all planning considerations and permissions. Under any circumstances a planning investigation or application process will not affect or change the payment schedule as given in Clauses 4 and 5.
You accept full responsibility for all users of the Project at all times and in particular during child play.
If you are a Business customer You accept full responsibility for your own Public Liability, Employer Liability and Product Liability insurance, also all legal responsibilities to your customers and staff in terms of maintenance, service, health and safety requirements.
9. Complaints and Feedback
We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
All complaints are handled in accordance with Our complaints handling policy and procedure.
If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
- In writing, addressed as in Clause 2.
- By email, addressed as in Clause 2.
10. Changing the Start Date
If You ask Us to change the Start Date:
- We will where reasonably possible agree a revised Start Date with You;
- If it is not possible to agree a revised Start Date either You or We may terminate the Agreement (see Clause 13).
If We ask You to change the Start Date, You may either:
- Agree a revised Start Date with Us; or
- Terminate the Agreement (see Clause 13).
11. Cancelation of Contract During the Cooling Off Period
Where the Agreement is not made “on Our premises”, You have a statutory right to a “cooling off” period. This period begins once the contract between You and Us is formed and ends at the end of 14 calendar days after that date.
If You wish to cancel the Agreement within the cooling off period You should inform Us immediately by a clear statement (e.g. a letter sent by post, fax or email to the postal address, fax number or email address specified in these Terms and Conditions).
To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired.
If You exercise the right to cancel You will receive a full refund of any amount paid to Us in respect of the contract.
We will refund money using the same method used to make the payment, unless You have expressly agreed otherwise. In any case, You will not incur any fees as a result of the refund.
We will process the refund due to You as a result of a cancellation without undue delay and, in any case, within the period of 14 days after the day on which We are informed of the cancellation.
If the Start Date falls within the cooling off period You must make an express request for provision of the Installation Services to begin within the 14 calendar day cooling off period. This request forms a normal part of the ordering process. By making such a request You acknowledge and agree to the following:
- If the Project is completed within the 14 calendar day cooling off period, You will lose the right to cancel once the Project is completed;
- If You cancel the Agreement after provision of the Installation Services has begun You will be required to pay for the Installation Services supplied up until the point at which You inform Us of Your wish to cancel;
- The amount due will be calculated in proportion to the full price of the Installation Services and the actual Installation Services already provided. Any sums that have already been paid for the Installation will be refunded subject to deductions calculated on this basis;
- We will process any refund as soon as is reasonably possible and in any event no later than 14 calendar days after You inform Us of Your wish to cancel.
- Clauses 13 and 14 apply to termination of the Agreement after the 14 calendar day cooling off period has elapsed.
12. Cancellation Before the Start Date
In addition to Your rights in Clause 11 relating to the cooling off period, You may terminate the Agreement (i.e. cancel the Project) at any time before the Start Date as follows:
- If You cancel the Project more than 42 days (6 weeks) before the Start Date We will refund the Deposit and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of cancellation.
- If You cancel the Project less than 42 days (6 weeks) before the Start Date We will retain from the Deposit a sum to cover any net financial loss that We suffer due to the cancellation. We will refund the balance of the Deposit to You as soon as is reasonably possible, and in any event within 14 calendar days of cancellation. If Our net financial loss is more than the amount of the Deposit, We will invoice You for the shortfall and You will be required to make payment in accordance with Clauses 4 and 5.
We may need to terminate the Agreement before the Start Date due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform You as soon as is reasonably possible. We will refund the Deposit and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of termination.
You may terminate the Agreement with immediate effect by giving Us written notice if:
- We have breached the Agreement in any material way and have failed to remedy that breach within 14 days of You asking Us in writing to do so;
- We enter into liquidation or have an administrator or receiver appointed over Our assets;
- You and We have been unable to agree a revised Start Date under Clause 10 or You elect to terminate the Agreement under Clause 10;
- We are unable to provide the Installation Services due to an event outside of Our control (see Clause 15).
We may terminate the Agreement with immediate effect by giving You written notice if:
- You fail to make a payment on time as required under Clauses 5 and 6 (this does not affect Our right to charge interest on overdue sums under Clause 5);
- You have breached the Agreement in any material way and have failed to remedy that breach within 14 days of Us asking You in writing to do so; or
- You and We have been unable to agree a revised Start Date under Clause 10;
- We have been unable to provide the Installation Services for more than 42 days (6 weeks) weeks due to an event outside of Our control (see Clause 15).
For the purposes of this Clause 13 a breach of the Agreement will be considered material if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
If at the termination date:
- You have made any payment to Us for any Installation Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice;
- We have provided Installation Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 5 and 6.
14. Effects of Termination
If the Agreement is terminated for any reason:
- Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.
- Termination will not remove or reduce any right to damages or other remedy, which either You or We may have in respect of any breach of the Agreement, which exist, at or before the date of termination.
15. Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
If any event described under this Clause 15 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
- We will inform You as soon as is reasonably possible;
- Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;
- We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Installation Services as necessary;
- You or We may terminate the Agreement (see Clause 13).
We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
We will maintain suitable and valid insurance including public liability insurance.
In the circumstances of providing Installation Services for domestic and private purposes only We make no warranty or representation that the Services are fit for commercial, Business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of Business, interruption to Business or for any loss of Business opportunity.
In the circumstances of providing Installation Services fit for commercial or Business use this will be clear within our Agreement. We will not be liable to You for any loss of profit, loss of Business, interruption to Business or for any loss of Business opportunity.
If We cause any damage to the Property, We will make good that damage at no additional cost to You. We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the installation Services.
Our total liability for any loss or damage caused as a result of our negligence or breach of these Terms and Conditions or the Agreement (or that of the Installer) is limited to the financial sum total of the Project as given in the Agreement.
We are not liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us or the Installer.
Nothing in these Terms and Conditions is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.
Nothing in these Terms and Conditions is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.
17. How We Use Your Personal Information (Date Protection)
All personal information that We may collect (including, but not limited to, Your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and Your rights under that Act.
We may use Your personal information to:
- Provide the Installation Services to You;
- Process Your payment for the Installation Services;
- Inform You of new products and services available from Us. You may request that We stop sending You this information at any time.
- In certain circumstances (if, for example, You wish to pay for the Installation Services on credit), and with Your consent, We may pass Your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold Your personal information accordingly.
- We will not pass on Your personal information to any other third parties without first obtaining Your express permission.
18. Other Important Terms
We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.
We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs We will inform You in writing. Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.
You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).
The Agreement is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement.
If any provision of the Agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Agreement or these Terms and Conditions and the remainder of the provision in question will not be affected.
No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.
19. Law and Jurisdiction
These Terms and Conditions and the relationship between You and Us (whether contractual or otherwise) will be governed by, and construed in accordance with, English Law.
Any dispute, controversy, proceedings or claim between You and Us relating to the Agreement or these Terms and Conditions (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by Your residency.
20. Schedule 1 - Service Agreement
Please see and/or complete Service Agreement Form below: