Terms and Conditions

The following are the terms and conditions of Aquarius Home Improvements LTD.  These are different from our privacy policy terms which govern your use of our website. Before entering into any contract with you, you will be required to agree and sign the following terms and conditions.

The following terms and conditions were last updated 25th June 2024.

1. The Contract
2. Cancellation
3. Consent and Access
4. Health and Safety
5. Price and Payment
6. Specification and Products
7. Electrical and Gas Works
8. The Installation Date
9. Preparation for the Installation
10. The Installation
11. Rubbish Removal
12. Liability and Guarantee
13. General
14. Privacy and Data Protection

The Contract

• This contract is between Aquarius Home Improvements LTD (the company) and the customer(s) named overleaf (the customer).
• The customer agrees to abide by the terms and conditions of the contract at all times.
• The customer agrees that any goods or services not written on the contract are excluded from the contract and will be charged for if requested at a later date.
• This contract also acts as the customer’s guarantee and invoice.
• If any of these conditions are deemed invalid or unenforceable, it will not affect the other conditions.
• This contract is governed by English law and any dispute will be dealt with via the English judicial system.
• This contract does not affect the customer’s statutory rights.

Cancellation

• Under the Consumer Contracts Regulations, either party may cancel this contract within 14 days from the date the contract commences.
• The company and the customer agree that the date the contract has commenced is the date of the deposit payment PLUS 1 calendar day as per the Consumer Contracts Regulations. E.g., if the deposit is paid on 1st June, the 14 days start on 2nd June, and cancellation can be made up to midnight on 15th June.
• The customer agrees that works, repairs, and maintenance within 14 days of the contract commencing are not covered by the Consumer Contracts Regulations cooling-off period and cannot be cancelled.
• The customer agrees that personalised or custom products are not covered by the Consumer Contract Regulations right to cancel. This includes all kitchen, bedroom, or bespoke furniture.
• If after 14 days the customer wishes to cancel the contract, the following costs shall apply:
  • Before technical survey 25% of contract value
  • After survey but before commencement of the installation 50% of contract value
  • After commencement of the works 100% of contract value
• If after the technical survey the company decides to cancel the contract, a full refund will be given to the customer.
• The company’s employees, installers, and subcontractors expect to work in a safe environment. The company will not tolerate acts of abuse, violence, or threatening behaviour. If such a situation arises, the company will immediately remove all employees or related tradesmen from the property and cancel the contract with immediate effect and no refund will be given.
• The company reserves the right to terminate the contract immediately if the customer breaches any terms and conditions or if there are safety concerns that cannot be mitigated.
• In such cases, the customer will be liable for any costs incurred up to the point of termination.

Consent and Access

• The customer is to ensure that they have the correct consent for works to be undertaken. The cost of obtaining consent is excluded from the contract. This includes:
  • Building Regulations or Planning Permission,
  • Listed Building Consent,
  • Party Wall Agreements and Permission from Neighbours,
  • Permission from Landlords, Housing Associations, and such.
  • Any other consent required for the works to take place.
• The customer agrees that the company has clear and uninterrupted access to the property at all times whilst the work is being undertaken.
• The customer is to ensure that they are available at the time of the installation when the company requires access.  This will be notified prior to the installation commencing.
• The customer is to ensure that they are available at the end of the installation to ensure sign off and any outstanding balances to be paid.

Health and Safety

• The company adheres to all relevant health and safety regulations. The customer agrees to follow any health and safety advice given by the company or its representatives during the course of the work.

Price and Payment

• The total contract value is inclusive of VAT.
• If the customer is VAT exempt, they must notify the company before signing the contract and provide proof of exemption.
• The company operates a three-stage payment system:
  • Stage 1: 25% deposit,
  • Stage 2: 50% upon commencement of works (required by the end of commencement day),
  • Stage 3: 25% upon completion of the works (required by the end of completion day).
• Payment is due at the above stages and is not negotiable. The customer agrees to have funds in place to be paid at the required stages.
• If at any time the company feels there is a risk of default by the customer on the payment terms, the company reserves the right to alter the payment terms or request all outstanding payments be paid before continuing work.
• Stage 1 Payments (deposit) can be made by Bank Transfer (preferred), Cash, Debit Card, or Credit Card. All other payments can only be made by Bank Transfer (preferred), Cash, or Debit Card. Credit Cards are not accepted for any other payment.
• If the customer defaults on payment, the company reserves the right to charge interest (before and after judgment) at a minimum of 8% above the company’s bankers’ base rate until all outstanding money has been paid. The company reserves the right to remove all employees/products and materials from the site until payment has been made.
• The company may increase the quoted price for works if the surveyor reveals complications, or extra works/goods are required not on the original contract.
• If after completion of the installation there is a minor fault to which the customer withholds payment, this amount shall be no more than is feasible for the concern including cost of goods and labour time in installation.
• The customer will not own the goods until full payment has been made to the company.
• If the company has to pay costs to enforce its rights of property against the customer, the company reserves the right to recover these costs from the customer.

Specification and Products

• The company reserves the right to alter the goods and services under the following conditions:
  • The product selected is not available. In such cases, a suitable alternative will be provided.
  • The product is changed by the manufacturer.
  • Changes are required to meet legal/safety requirements.
• The customer agrees that if the company is reinstalling existing goods as part of the contract (e.g., showers, taps, cabinets, appliances, etc.), no guarantee is given against the existing goods.
• The customer agrees that if they are supplying any goods as part of the contract, the goods will be available at the property for the first day of the installation or additional charges will apply.
• The customer is not entitled to reject goods or services where the defect or breach is so minimal as to be unnoticed or slight that it is unreasonable to reject the goods. The customer understands that different products are manufactured by different suppliers and exact matches are not possible or guaranteed.
• The company will perform the works according to its own methods and professional judgment. The company will not follow any instructions from the customer on how to carry out the works, nor will it adhere to methods used by other contractors or tradespeople.
• Goods are ordered for the specific installation; any changes by the customer must be made before any cutting, modification, or installation.
• The company does not undertake any form of decoration and this is explicitly excluded from the contract. Decoration includes painting, glossing, caulking, wallpapering/lining, and such.
• Any plastering is left to a paintable finish only. The company may paint a ‘wash’ or ‘mist’ coat over the walls/ceiling at their discretion, but this is not a final coat which is to be applied by the customer.
• Removal of existing wallpaper is NOT included in any works and MUST be removed before works commence.

Electrical and Gas Works

• Where the contract includes electrical, gas, or building works, it is assumed that all relevant legislative requirements are in place at the property.
• The company reserves the right, after inspection by the company’s approved electrician/Gas Safe engineer, to impose a charge for any rectification works deemed necessary to bring the current electrical or gas installation to the correct legislative standard. This may be once the works have started.
• If rectification works are required, the customer will be given the option of appointing their own qualified person to perform such works. The company offers no guarantee against works performed by anyone other than the company’s appointed representatives, nor confirms that their work will comply after assessment by the company’s representative.

The Installation Date

• The company will notify the customer of the anticipated installation date upon accepting the quotation, or by postal letter once the customer has confirmed acceptance of the quotation. 
• If the customer is not able to accommodate the installation on this date, they understand they may be pushed back to the end of the queue. 
• If the customer wishes to move the installation at short notice, additional charges may be applied to cover the company’s costs involved in returning goods, or the customer may be required to make all outstanding payments and take delivery of the goods until the new installation date.
• The installation date is a WEEK COMMENCING date and the company offers no guarantee the installation will commence on a Monday.
• The customer understands that if they request a change to the installation date, the company cannot guarantee that the installation will be undertaken within any anticipated timeframe, or that personal circumstances resulting in a change to the installation can be accommodated.
• The company will not be responsible for delays to the installation or its commencement as a result of staff illness, local or national restrictions or circumstances beyond its control, such as extreme weather conditions, supply chain disruptions, or unexpected issues discovered during the installation.
• The company will notify the customer as soon as possible of any anticipated delays and will work to minimize any disruption.

Preparation For The Installation

• The customer will remove all items from the work and surrounding areas that are not part of the removal process (photos, personal belongings, etc.). This includes WALLPAPER which is not included in the company’s service.
• The customer must ensure that the site is safe and secure for the company’s workers. Any pets should be restrained, and children should be kept away from the work area at all times.
• The customer will ensure that funds are available for paying the commencement payment, including setting up the company as a payee with their bank to enable full payment to be made when the work commences.
• The customer will ensure that they are available when the work commences to show the installers where stop taps, consumer units, storage locations and other items can be found.

The installation

• The company offers an estimated timescale for all works undertaken. However, this cannot be guaranteed. The company will keep the customer informed at all times of the progress and expected finish time. The company will not be held responsible if the installation is longer or shorter than the estimate originally given.
• The company’s installers work 8 hours per day between 7.30 am and 4.30 pm Monday – Friday. Working hours include travel time to and from the property and the installation will be undertaken within these hours. 
• At the company’s discretion, longer hours/weekends may be worked with approval from the customer, however, this is not the norm. 
• Any timescales given are purely indicative and the company will not be responsible if the installation takes longer or shorter than anticipated.
• The customer must provide access to utilities (electricity, water, etc.) as required for the completion of the work.
• The customer will become responsible for all goods delivered to their property from the onset of installation. It is the customer’s responsibility to ensure that all goods are properly protected from damage and theft.
• The company requires suitable storage facilities for the goods while undertaking the installation. This can be inside or outside the property, however, the customer will be responsible for the goods stored.
• If upon starting the works, further works are required, the company reserves the right to charge for this. The customer is, however, entitled to seek further advice before agreeing to these works for a period of 24 hours.
• If after 24 hours no decision has been made, the company will treat this as cancellation of the contract.
• The customer understands that throughout the installation they will experience noise, discomfort, dust, and dirt. The company aims to keep this to a minimum level and will use appropriate precautions to protect the customer’s property; however, extra cleaning after completion will be required.
• The customer will ensure that no one else does anything to the works area without written authorization from the company, including members of the household.
• The company will do its best to ensure that no damage occurs to the customer’s property while the installation is being undertaken. In the unfortunate event of property damage, the company will endeavour to ensure materials used in rectification processes are of a reasonable match to existing materials. In cases of extreme weathering/rarity or discontinuation, the customer understands that this may not be possible and an alternative will be offered to replace the affected area only.
• The customer should not paint before or during the installation, and should be aware that final decoration should be applied once the installation is complete.

Rubbish Removal

• Rubbish removal is included within all works undertaken. 
• All rubbish is removed to the company’s dedicated skips at our office address. If a skip is required at the property, this is ONLY for the rubbish created by the company during the installation and NOT for personal use. 
• The company reserves the right, in certain circumstances, to leave all rubbish created during an installation at the property involved.
• The company is unable to dispose of white goods (refrigerators/freezers, etc.) and it is the customer’s responsibility to arrange safe disposal of these.
• If Asbestos is found, or there is a likelihood of Asbestos, it is the customer’s responsibility to arrange safe disposal of this. The company will remove all employees and contractors from the property until this has been done.

Liability And Guarantee

• The company offers a comprehensive guarantee for a period of 1 year from completion of the installation.
  • For the first 3 months of the guarantee, the company will attend the property free of charge to ascertain the cause of the fault.
  • After the first 3 months, the company will charge a call out fee of £75 + VAT which will be refunded if the fault is deemed to be as a result of the installation or company.
• In addition to the one-year comprehensive guarantee, any manufacturer warranties on installed products will be passed on to the customer. The company will assist the customer in making any warranty claims from the manufacturer if required.
• The customer agrees to contact the company regarding any issues that may arise regardless of the cause.
• The company will not be liable for any pressure-related issues arising once a product has been installed. The customer understands that different products are manufactured to suit varying installations and may not always work as intended in every conceivable situation.
• If the property where works are to take place is a business, the company will not be liable for any loss of earnings or profit through the works taking place and/or breach of contract by either party.
• If the company undertakes investigative work to ascertain the cause of a fault and is found not to be liable, the company will charge £75 + VAT per hour for the work carried out, plus additional charges for replacement products and materials to return the installation to its original state.
• The customer understands that the company will be working on items that may not have been touched for many years or may not have been serviced. The customer understands that the company is not responsible if rectification is required due to wear and tear/lack of use.
• The company will not be liable for claims within the work area resulting from fair wear and tear, deliberate damage, neglect, abnormal working conditions, where the company’s advice or manufacturer advice has not been followed, interference, modification, or repair by someone other than the company.
• If any other party performs work in the work area at any time post-installation, the customer understands that the company is not liable for any areas that may have been touched or modified by outside contractors.
• Regular cleaning is required for all installations and claims arising as a result of failure to keep the area clean are excluded from the guarantee.
• The company does not perform unblocking of drains or waste pipes and claims as a result of blockages are excluded from our comprehensive guarantee.

General

• If the customer breaks the contract and the company decides not to take action in this instance, the company reserves the right to take action in the future.
• The company strongly suggests any formal correspondence sent to the company is via recorded delivery; however, the customer may also hand-deliver or post to the office address, or email the company directly.
• If the customer asks the company to do investigative work, the customer understands there is a risk of damage to the property and as such no liability will be held.
• Any person(s) involved in the customer’s installation as a result of the contract between the company and the customer is a direct employee of the company. It is against any agreement in place between the company and the employee for them to undertake ANY additional works (both during the installation, and after) without prior consent from the company. If the customer tries to employ them directly in any way, the company will cancel this contract and any guarantee in place will be null and void with immediate effect. The company will also terminate any agreement between themselves and the employee with immediate effect.

Privacy and Data Protection

• The company will handle the customer’s personal data in accordance with relevant data protection laws. The customer’s data will be used only for the purpose of fulfilling this contract and will not be shared with third parties without the customer’s consent.
• The customer agrees to the company’s use of images, comments and reviews in their sales, marketing and training.