Terms of Service

Xterior Lifestyle® Ltd & Xterior Lifestyle South Ltd

Terms & Conditions

1. Definitions

1.1. Supplier: Xterior Lifestyle® Ltd (Company Number 13306296) and Xterior Lifestyle South Ltd (Company Number 16055777), collectively referred to as “the Supplier”, with registered offices at Unit 2, Guinness Road, Trafford Park, Manchester, United Kingdom, and [insert address for Xterior Lifestyle South Ltd].
1.2. Client: The individual or business engaging the Supplier for bespoke work.
1.3. Contract: The agreement, including these Terms and Conditions, between the Supplier and the Client.

2. The Quotation

2.1. The Client will receive a written quotation from the Supplier outlining the services, products, and costs.
2.2. The Client agrees to the quotation by signing and returning it.
2.3. Once accepted, the Client is bound by these Terms and Conditions.
2.4. The Supplier is responsible for all taxes and import duties related to the products supplied, and these will not be passed on to the Client.

3. Services and Delivery

3.1. The Supplier will complete the work as per the agreed schedule; however, delays may occur. Delivery times are estimates and not guarantees.
3.2. Delays caused by the Supplier will be addressed through reasonable efforts to minimise disruption. However, delays caused by the Client (e.g., late payments or failure to provide timely access) will not affect the contract timeline.
3.3. The Client shall not hold the Supplier liable for any losses or damages resulting from delays beyond the Supplier’s control.
3.4. Manufacturing may take up to 12 months in the worst-case scenario due to unforeseen circumstances, including supply chain delays and production issues.

4. Payments

4.1. A 40% deposit is required when the Client confirms the contract and agrees on a start date.
4.2. A further 40% payment is due following the completion of the technical survey.
4.3. The remaining 20% must be paid immediately upon completion of the work.
4.4. If payments are delayed after the survey, manufacturing may be delayed accordingly.
4.5. Failure to pay within the agreed terms will result in an immediate suspension of work, and any outstanding balance will incur interest at 4% above the Bank of England’s base rate.
4.6. Any additional costs for changes or extra work not included in the original quotation must be settled immediately upon agreement.
4.7. Credit Card Payments: If the Client pays via credit card, they acknowledge that the product or service is bespoke and custom-made. The Client waives any right to dispute or reverse the payment through a chargeback claim, except in cases of proven fraud or unauthorised transactions.
4.8. Installation and Delivery Fees: These are separate from the overall order and will be clearly outlined in the quotation. These fees must be paid in full before installation can proceed.
4.9. Finance Orders: The Client must sign a “satisfaction note” upon delivery to confirm receipt of goods. The finance agreement covers the supply of goods only, and any installation or additional services must be settled separately.

5. Client’s Responsibilities

5.1. The Client must ensure the site is prepared and accessible for the Supplier to carry out the work.
5.2. The Client must remove personal items and ensure the area is clear before work commences.
5.3. The Client must attend meetings with the Supplier to discuss work progress. If the Client fails to attend, the Supplier will assume the work is satisfactory, and payment will be due.
5.4. The Client must raise any concerns in writing within 48 hours of completion; otherwise, the work will be deemed accepted.
5.5. The Client may not make alterations to the work once agreed, and any such changes will incur additional charges.
5.6. The Client may cancel the contract within 14 days before production begins, provided the product has not yet been custom-manufactured or production has not started.

6. Supplier’s Responsibilities

6.1. The Supplier will carry out the work with reasonable skill and care.
6.2. The Supplier will make all reasonable efforts to match the agreed colour, design, and materials, but cannot guarantee an exact match.
6.3. The Supplier will dispose of waste materials responsibly.
6.4. The Supplier will maintain valid public liability insurance throughout the contract.
6.5. The Supplier is responsible for the manufacturing and production process. Once payment is made after the technical survey, manufacturing will commence. This process may take up to 12 months in the worst-case scenario due to unforeseen factors.

7. Property and Risk

7.1. The Supplier retains ownership of all materials until full payment is received.
7.2. The Client is responsible for the goods once they are delivered to the site.
7.3. Any damage to goods must be reported within 24 hours of delivery. Failure to do so will result in the Supplier having no responsibility for the damages.

8. Guarantees and Warranties

8.1. The Supplier guarantees its workmanship for 10 years, covering defects due to workmanship or materials.
8.2. This guarantee does not cover damage caused by misuse, lack of maintenance, or neglect.
8.3. Manufacturer’s warranties on products are separate from this guarantee and subject to the manufacturer’s terms.
8.4. If the Client fails to maintain the product as instructed, any guarantee may be voided.

9. Cancellations and Refunds

9.1. No cancellations will be accepted once the contract is signed and production has commenced, as the product is bespoke to the Client’s requirements.
9.2. No refunds will be issued under any circumstances once production has started, as the goods are custom-made.
9.3. The Client acknowledges that upon placing the order, they are committing to the full amount for the product and services.
9.4. The Client agrees that no refunds, reversals, or chargebacks will be issued for bespoke products, including credit card transactions, once production begins.

10. Service Plans

10.1. The Supplier offers optional service plans for product maintenance post-installation.
10.2. The cost of the service plan will depend on the size of the product and will be provided upon request.
10.3. The service plan is available for ongoing maintenance but is not mandatory.

11. Additional Upgrades and Work

11.1. Any additional upgrades, modifications, or extra work requested by the Client beyond the agreed contract will require a written agreement and additional charges.
11.2. These upgrades will be subject to the availability of materials and fluctuations in market prices.

12. Termination

12.1. The Supplier may terminate the agreement immediately if the Client breaches the contract, including failure to pay.
12.2. The Supplier may also terminate if the Client becomes insolvent, ceases business, or denies access to the site.
12.3. Upon termination, the Client must immediately pay for all work completed and any materials used up to that point.

13. Dispute Resolution

13.1. Any disputes between the Client and Supplier will be resolved through mediation or arbitration.
13.2. If mediation fails, disputes will be resolved by litigation in the English courts, where English law will apply.

14. Force Majeure

14.1. Neither party will be held liable for failure to perform their obligations due to events outside their control (e.g., acts of God, strikes, pandemics, etc.).

15. Indemnity

15.1. The Client shall indemnify the Supplier against any claims, damages, or losses arising from the Client’s breach of this contract.

16. Consumer Rights

16.1. These Terms do not affect the Client’s statutory rights under consumer protection legislation.
16.2. The Client may cancel the contract within 14 days before production begins, provided the work has not yet been custom-manufactured or commenced.
16.3. The Client’s statutory right to cancel does not apply once production has started.