Terms & Conditions
In these terms of trade, "Company" refers to Dow Enterprises Ltd, trading as The Outdoor Room Company. The term "Customer" refers to the purchaser of goods and services. Any Goods or Services supplied or completed by the Company for the Customer will be supplied under these terms and conditions. Any purchases made by the Customer will be considered compliant with these terms and conditions.
The Company's prices are exclusive of Goods and Services Tax unless otherwise stated.
A deposit (as detailed in the quotation or as otherwise advised) is payable upon acceptance of the quotation. If a job is canceled by the client following job confirmation and deposit payment, and where manufacturing has already commenced, part or all of the deposit may be non-refundable to cover costs already incurred. The Company reserves the right to request payment for any goods and services before the commencement of works.
No Retention of Payment
If all the conditions necessary for the completion of the contract by the Company are met, the Customer shall not deduct any sums when paying the balance of the total price. If full payment for any goods and/or services is not made to the Company by the due date for payment upon contract completion, then the Customer shall be in default and shall pay default penalty interest of 5% per month on any outstanding amount to the Company.
The Company reserves the right to refuse credit.
The issuance of an order by the Customer constitutes acceptance of these terms, even if the contrary is stated in the Customer's orders or correspondence.
Imagery and Marketing
The Customer agrees to let the Company use photos and images of any product installs provided there are no personally identifiable items that might compromise the Customer's identity or property. These images would be used in marketing and social media only and would never be sold or distributed for any other purpose.
Suspension or Cancellation
Cancellations may not be accepted once the contract has been entered into, regardless of whether a deposit has been paid or not.
In the event that any part of an invoice is disputed, the amount not in dispute will be paid promptly. The parties agree to promptly resolve any dispute or difference between them, and the Company may require the Customer to submit mediation with the assistance of a qualified mediator. The Customer must advise the Company of any dispute relating to their invoice within 7 days of receiving the invoice. In case of dissatisfaction regarding the completion of the contract, the matter shall be subject to arbitration.
Quotations are valid for 30 days from the date of quotation unless otherwise stated. Prices are subject to alteration after 30 days or until supplier price variation. Quotations include Goods and Services Tax, unless otherwise stated. Any quotes provided by the Company for the Customer are based on the cost at the quotation date of materials, labor, rates of exchange, insurance, freight, duty, taxes, and other cost items over which the Company has no control. Any increase in price caused by these factors will be added to the price and become payable by the purchaser. Any quotes issued by the Company affected by price variations may require a price review, and increases caused by these variations may be passed on to the Customer.
Any variations required by the Customer will be invoiced at the end of the month in which they were carried out and due for payment as per the payment terms above. Unknown variations related to carrying out the quoted work will be quoted and presented to the Customer prior to work taking place. Upon approval for variations requested by the Customer or unknown variations presented to the Customer, standard rates apply for labor and materials.
Risks, Warranties, and Guarantees
The Company ensures adequate and appropriate insurance cover during the construction period, covering loss or damage to any of the Customer's property, the roof while being erected, and any of the roof's components while stored on the Customer's property. Any loss or damage to the roof caused by faulty workmanship or any other act or omission on the part of the Company will be rectified at the cost of the Company.
Ownership of the goods remains with the Company until payment in full has been received. Until payment is made for the goods, the Customer holds the goods as bailee for the Company. The Company has the right, after payment is due and not made, to enter premises occupied by the Customer and take possession of the goods. If the Customer resells the goods before payment, they agree to hold the sale proceeds for the Company.
Health and Safety
Sub-contractors contracted to the Company must comply with the Company's Health and Safety Policy.
The Company will not be liable for failure to meet obligations if the failure is brought about by a force majeure circumstance (i.e., any circumstances outside the Company's control).
Limitation of Liability
The Company's liability for any loss, damage, or expense arising from the goods or services provided is limited. The Company will not be liable if the goods have been altered or repaired by any person other than the Company or if the goods have been subject to excessive wear or tear, or improper use.