The following Terms and Conditions will apply to the purchase of the services and goods by you from Topcatflap Limited trading as www.topcatflap.com with registered address of Fergus & Fergus Chartered Accountants, 24 Oswald Road, Chorlton-cum-Hardy, Manchester, M21 9LP.

 

An order placed with Topcatflap Limited shall constitute your full acceptance of these terms hereunder and your agreement to be bound by these Terms and Conditions.

 

Interpretation

Customer means an individual wishing to purchase Goods or Services.

Supplier means Topcatflap Limited and or its appointed third-party provider. Contract means the legally-binding agreement between you and us for the supply of Goods or Services. Delivery Location shall mean the Customers home address or premises or other location where the Services are to be supplied.

Goods means any goods that we supply to customer and shall include Services, of the number and description as set out in the Invoice;

Order shall mean the Customers order for the goods or Services from the Supplier (Supplier shall include installation service)

Services means the services, including labour and Goods by Supplier of its appointed third-party.

 

Services

The description of the Services and any Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of any Goods supplied. Goods may be supplied to in our capacity as a facilitator of supply on behalf of the manufacturer or retailer and it is your responsibility to satisfy yourself that the goods are fit for purpose; any subsequent dissatisfaction with such Goods to be taken up with the manufacturer or retailer.

 

In the case of Services, it is your responsibility to ensure that any information or specification you provide is accurate. All Services are subject to availability. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement.

 

Customer responsibilities

You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed). Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

 

Basis of Sale

The description of the Services and any Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services or Goods.

When an Order has been made, we can accept or reject it for any reason, although we will try to tell you the reason without delay

 

A Contract will be formed for the Services ordered:

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1. Only upon the Supplier sending an email to the Customer saying that the Order has been accepted or, if earlier, the Supplier’s delivery of the Services to the Customer and;

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   2. When the Customer has sent an email confirming acceptance of the terms of the supply of the order by Supplier or its appointed third-party.

 

Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.

 

No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

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Marketing

You confirm by using the Topcatflap Limited installation service that we may take photos of the completed works and these maybe used for marketing purposes. Clients and followers of the Topcatflap Limited facebook page and website, are in doing so providing their consent to receive marketing information provided by Topcatflap Limited. The customer retains the option to opt out at any time, by emailing Topcatflap Limited directly on its website as per the GDPR Policy. 

 

General Fees and Payment

The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our invoice provided to the Customer. Prices for Services may be calculated on a fixed fee or on a standard rate basis.

Payment for pre-ordered cat flaps or on-line store orders shall be made at point of order placement.

Payment for Services must be made in accordance with the schedule laid down in the Invoice.

Payment for third-party glass panels shall be made in advance.

Payment for service and installation shall be paid immediately on completion.

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Cancellation Fees and Costs.

Should an Installation be booked and not cancelled providing 24 hours notice a charge of £35.00 would become payable to cover fuel expense.

Bespoke Glass orders cannot be cancelled and the the cost of the Glass Unit plus a 20% handling charge would become imediately payable in the event of customer cancellation. 

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Delivery

We will deliver the goods and or Services within a reasonable time and without undue delay subject to the goods and or Services being available from third party suppliers and where applicable the performance of couriers and shippers and in the case of Goods supplied from outside The United Kingdom of Great Britain. The Goods will become your responsibility from the completion of delivery installation and payment. You must, if reasonably practicable, examine the Goods before accepting them. Should you not be happy with any part of the installation, you should notify the installer during the installation process or immediately on completion. Alterations cannot be made after the installer has left and should there be a need to re-visit this may incur additional charges.  

 

Risk and Title

Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you. You do not own the Goods until we have received payment of our invoice in full.

 

Withdrawal

You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability however if bespoke goods have been ordered or installation booked cancellation fees and costs will apply.

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Topcatflap Limited reatins the right to cease and desist supply at anystage of the process and refund the client.

 

Conformity and Guarantee of Goods

We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation

Upon delivery, the Goods will:

 

1) be of satisfactory quality;

2) be reasonably fit for any particular purpose for which you buy the Goods,

 

It is not a failure to conform if the failure has its origin in your materials.

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Acceptable Glass Imperfections - Pilkingtons Standards shall Apply.

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Imperfections in Glass
First, we must always remember glass is not designed for looking at it is for looking through. The glass used to manufacture double or triple-glazed units is the same as that used for single-glazed windows.

 

Viewing

The unit must be viewed at 90 degrees to the surface of the unit from inside the room. The standing distance from the unit should be not less than 2 meters for normal units and 3 meters for toughened, laminated or any coated glass. This viewing has to take place in natural daylight and not in direct sunlight. The viewing area is referred to as the normal vision area, which is the area away from the frames.

 

Acceptable Glass Imperfections in the Industry
In all glazed units, bubbles or blisters, hairlines or blobs, fine scratches, and minute embedded particles shall be deemed acceptable. if they can’t be seen from the required distance of two meters or three meters for laminate and toughened glass by looking through the glass and not at it.

 

Services shall be provided by approved fitters with reasonable skill and care.

You will have the benefit of any free guarantee given by the manufacturer of any Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights. Topcatflap Limited shall complete your installation and shall hold no liability in respect of door integrity or warranty you may hold and works solely on your instruction to fit the cat flap. Any warranty provided shall be at the fitters sole discretion. Where a cat flap is fitted to a council or housing association property, you confirm that any permissions to fit and liability in this respect shall rest solely with Customer,

 

Sub-contractors / Fitters

Where supplier introduces a sub-contractor / Fitter, the customer confirms and accepts that the subcontractor will hold their own terms and conditions and agrees that no liability in respect of the service installation shall rest with Supplier but shall rest solely with the sub-contractor / Fitter and the client confirms that he shall conduct and accept or reject the sub-contractors own terms and evaluate that they hold the correct expertise and qualification for the installation Service for which are introduced to complete on behalf of Customer.

 

Governing law, jurisdiction and complaints

The Contract (including any non-contractual matters) is governed by the law of England and Wales and the English courts shall prevail.

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