1. THESE TERMS
1.1 What these terms cover
- These are the terms and conditions on which we consult, design, supply and install (the “Services”) certain goods, Services or software to you in relation to the creation of bespoke smart home solutions (each individual component being a “Good”, and collectively, the “Goods”), pursuant to the design acceptance form to which these terms and conditions are attached (the “Design Acceptance Form”).
- They also cover where we have agreed to provide post-installation support and maintenance to you (the “Maintenance Subscription Service”), the details of which are set out in the schedule attached to these terms and conditions.
1.2 Why you should read them
Please read these terms carefully before you sign the Design Acceptance Form. These terms tell you who we are, how we will provide the Goods and Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are
We are TL Tech Ltd, a company registered in Scotland. Our company registration number is SC541728 and our registered office is at Wardhead, Sunnyside Of Folla, Rothienorman, Aberdeenshire, Scotland, AB51 8UL. Our registered VAT number is 248020431.
2.2 How to contact us
You can contact us by telephoning us at 07825 586 731 or by writing to us at email@example.com or Wardhead, Sunnyside Of Folla, Rothienorman, Aberdeenshire, Scotland, AB51 8UL.
2.3 How we may contact you
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in the Design Acceptance Form.
2.4 “Writing” includes emails
When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will contract with you
A contract will come into existence between you and us when the Design Acceptance Form has been signed by each of us.
3.2 Your order number
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.3 We only sell to the UK
Our marketing materials are solely for the promotion of our Services in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
3.4 If we cannot accept your order
If we are unable to accept your order, we will inform you of this and will not charge you for the Goods and/or Services. This might be because any of the Goods we supply as part of the Services are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Goods or Services or because we are unable to meet a delivery deadline you have specified.
4. OUR SERVICE
4.1 Design specification
In consultation with you, we will prepare a design specification based on the requirements of yourself and your home (the “Design Specification”).
4.2 Goods may vary slightly from their pictures
Any images of specific Goods on our website or in the Design Specification are for illustrative purposes only. The Goods may vary slightly from those images.
5. OUR RIGHTS TO MAKE CHANGES
5.1 Changes to the Design Specification
We may change the Design Specification:
- to reflect changes in relevant laws and regulatory requirements; and/or
- to implement minor technical adjustments and improvements, for example to address a security or privacy threat. These changes will not affect your use of the Goods or Services.
5.2 Updates to software
We may update or require you to update software, provided that the software shall always match the description of it that we provided to you before you were supplied with the Goods and Services.
6. PROVIDING THE SERVICES
6.1 When we will provide the Services
- We will begin providing the Services on the date agreed with you during the order process and as set out in the Design Acceptance Form.
- The estimated completion date for the Services is as stated on the Design Acceptance Form.
- If you have elected for our Maintenance Subscription Service, we will provide this to you for the agreed period (subject to a minimum period of 12 months), beginning from the completion of the Services until terminated (in accordance with clause 7.7).
- Subject to clause 6.1(c), we will supply the Services to you until either the Services are completed or you end the contract as described in clause 7 or we end the contract by written notice to you as described in clause 9.
6.2 Access to provide the Services
You agree to provide us with full access to the property where installation is to take place in order for us to provide the Services, including to survey, measure, install, test and (if applicable) service the Goods.
6.3 If you do not allow us access to provide Services
If our work is delayed or interrupted due to a problem with access to your property to perform the Services as arranged, we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 8.2 will apply.
Installation will be carried out in easily accessible areas within the property without the need of additional labour work or expertise. Work relating to significant cabling, building work, removal or alteration of floor boards or fittings, redecoration, working at height are excluded from the scope of the Services.
6.5 Other permissions
By signing the Design Acceptance Form, you warrant that you have full authority to allow the installation at the relevant property and that no other consent is required.
6.6 We are not responsible for delays outside our control
If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract (see clause 7.2(a)).
6.7 When you become responsible for the Goods
Each Good will be your responsibility from the time we install them at the property.
6.8 When you own the Goods
You will own the Goods once we have received payment in full for the amounts payable for such Goods.
6.9 The Maintenance Subscription Service
If you opt to receive the Maintenance Subscription Service from us, we will provide this to you for a minimum period of 12 months.
7. YOUR RIGHTS TO END THE CONTRACT BETWEEN US
7.1 Ending your contract with us
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get any Goods repaired or replaced or the Services re-performed or to get some or all of your money back), see clause 9;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
- If you have just changed your mind about the Services, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions (see clause 7.5).
7.2 Ending the contract because of something we have done or are going to do
If you are ending the contract for a reason set out at (a) to (c) below the contract will end immediately and you may also be entitled to compensation. The reasons are:
- there is a risk that provision of the Services may be significantly delayed because of events outside our control (see clause 6.6);
- we have told you about an error in the price or description of the Goods or Services and you do not wish to proceed; or
- you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
Under the Consumer Contracts Regulations 2013, you have a legal right to change your mind within 14 calendar days and receive a refund. Clause 7.4 below determines how this timeframe applies to our supply of Goods and Services.
7.4 How long do I have to change my mind?
- For Services. You have 14 calendar days after the signing of the Design Acceptance Form to change your mind. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
- For Goods. You have 14 days after the day you (or someone you nominate) receives the Goods.
- For Goods and Services. You have 14 days after the day you (or someone you nominate) receives the Goods. However, once we have completed the Services you cannot change your mind regarding the Services, even if the period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
7.5 Deductions from refunds if you are exercising your right to change your mind
If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount to reflect the reduction in the value of the Goods.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
- If not commenced and completed in the same day, we may deduct from any refund an amount for the supply of the Services for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
7.6 When your refund will be made
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 calendar days of your telling us you have changed your mind.
7.7 Ending the Maintenance Subscription Service
The minimum term of this service is 12 months, beginning from the completion of the Services until termination. Following the expiration of this period, the Maintenance Subscription Service can be terminated at any time by informing us in writing.
8. OUR RIGHTS TO END THE CONTRACT
8.1 We may end the contract if you break it
We may end the contract at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 7 calendar days of us reminding you that payment is due; or
- you do not allow us access to your premises to supply the Services.
8.2 You must compensate us if you break the contract
Subject to your legal right to change your mind (see clause 7.3), if you end the contract:
- less than 7 calendar days before the scheduled installation date specified in the Design Acceptance Form, or
- in the situation set out in clause 7.1(c),
we will not refund any money you have paid in advance for the Services and we may charge you either 20% of the total contract price, or £200.00, whichever is greater to compensate for the additional work we have done and Goods we have purchased up to the date you tell us that you have changed your mind.
9. IF THERE IS A PROBLEM WITH THE GOODS AND/OR SERVICES
9.1 How to tell us about problems
If you have any questions or complaints about any of the Goods and/or Services, please contact us using the details set out in clause 2.2 above.
9.2 If you discover a problem
- If any of the Goods are found to be faulty within 30 calendar days of installation taking place, we agree to repair, replace or refund you for the affected Good or Goods at our own expense.
- If any of the Goods are found to be faulty up to six months after installation, we agree to repair or replace the affected Good, provided that there is no evidence of misuse or alteration. Any repairs or replacements requested after the expiration of this 6 month period will be charged for (unless you are receiving the Maintenance Subscription Service at the time of the request (see clause 9.3 below)).
If you have agreed to the Maintenance Subscription Service, all Goods are guaranteed for a minimum period of twelve months (unless otherwise specified) from the date of installation, provided that there is no evidence of misuse or alteration.
10. PRICE AND PAYMENT
10.1 Where to find the price for the Services
The price of the Services (which includes VAT) will be the price indicated in the Design Specification. We take all reasonable care to ensure that the price of the Services (including the price of each Good) advised to you is correct. However, please see clause 10.5 for what happens if we discover an error in the price of the Goods or Services you order.
10.2 Maintenance Subscription Service price
The monthly fee for the Maintenance Subscription Service is as indicated in the Design Acceptance Form.
10.3 Changes to the price
We retain the right to amend the price of the Services from that specified on the Design Acceptance Form if:
- the Services are required to be carried out on shorter timescales than have been previously agreed and stated in the Design Acceptance Form;
- you require us to perform the Services outside of normal working hours of 8.00am to 5.00pm Monday to Friday (excluding Bank and Public Holidays); or
- you require changes to the design or specification of the Goods and Services following signature of the Design Acceptance Form.
10.4 We will pass on changes in the rate of VAT
If the rate of VAT changes between your order date and the date we perform the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
10.5 What happens if we got the price wrong
It is always possible that, despite our best efforts, some of the Goods or Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price for the Goods and Services at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
10.6 When you must pay and how you must pay
- For the Services and associated Goods, you must make an advance payment of 30% of the price of the Goods and Services, before we start providing them. We will invoice you for the balance of the price of the Goods and Services when we have completed them. You must pay each invoice within 30 calendar days after the date of the invoice.
- For the Maintenance Subscription Service, you authorise us to automatically charge you the agreed price each month until you cancel the Maintenance Subscription Service in accordance with clause 7.7. If your notice of cancellation of the Maintenance Subscription Service is in the middle of a billing cycle, you will pay for the whole month and will not receive a refund of the time between notice and the end of the month.
10.7 We can charge interest if you pay late
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
10.8 What to do if you think an invoice is wrong
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 We are responsible to you for foreseeable loss and damage caused by us
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.
11.2 We are not responsible for any loss or damage that is not foreseeable
We shall not be liable for the costs of any work, repairs, maintenance or replacement of equipment which results from fire, electrical power surge, storm, flood, accident, neglect, misuse or malicious damage.
11.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods including the right to receive Goods which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known by us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
11.4 When we are liable for damage to your property
We will make good any damage to your property caused by us providing the Services. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the Services.
11.5 We are not liable for business losses
We only supply the Goods and Services for domestic and private use. If you use the Goods and Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.6 What we do not warrant
We do not warrant or represent that the operation of the Goods and/or receipt of the Services will be uninterrupted or error free or that the Goods and Services will secure the property or safeguard the health of any individual.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 How we will use your personal information
13. OTHER IMPORTANT TERMS
13.1 We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
13.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee)
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at clause 9.3 to a person who has acquired the Goods. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the property and the Goods
We may sub-contract all or some of our obligations to a third party who will perform them on our behalf.
13.4 Nobody else has any rights under this contract (except someone you pass your guarantee on to)
This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 13.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
13.5 If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.6 Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Maintenance Subscription Service, we can still require you to make the payment at a later date.
13.7 Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by Scottish law and you can bring legal proceedings in respect of the Services in the Scottish courts. If you live in England or Wales you can bring legal proceedings in respect of the Services in either the Scottish or the English & Welsh courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the Scottish courts.
Maintenance Subscription Service
|Annual System Check (including software updates and battery replacement)||Not included||Included||Included|
|Email and Telephone Support (remote support)||Included Response within 2 business days||Included Response within 2 business days||Included Response within 1 business day|
|Response Service (in home support) - No of Business Days||Not included||One Business Day||24hr Emergency Call Out|
|One free site call out per year||Not included||Not included||Included|
|System Upgrade discount||10%||10%||20%|
|1-year replacement for hardware faults||Included||Included||Included|