Terms and Conditions

TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS AND SERVICES

These Terms and Conditions are the standard terms of engagement for work undertaken by APT Group Services Limited, a company registered in England and Wales under company number 12445346 whose registered office is Unit 2 Roundway Business Park, Hopton Industrial Estate, Devizes, Wiltshire, England, SN10 2HU.

Definitions

1.1. In these Terms & Conditions, the following definitions apply:

 

“Contract” means the agreement between the Customer and APT Group to carry out the works of which these terms form a part.
‘Goods’ means materials supplied by APT Group
“Skilled Worker” means the representative appointed by APT Group to carry out agreed work or supply materials
“Price” means the Price payable for Works
‘Parties’ means the Customer and APT Group, and ‘Party’ shall mean either one of APT Group
“Schedule of Works” means the documents describing the Works, including timeframes, drawings and payment schedule where relevant.
“Quotation” means APT Group letter or other communication to the Customer setting out the Price of the requested works
“Services” means the Services, including any goods and materials, detailed in the Quote/Project Summary and Schedule of Works
“APT Group” means APT Group Services Limited and includes all employees and agents of APT Group Services Limited.
 

‘Works’

means the works described in APT Group Quotation, Project Summary & Schedule of Works, or any other document or email issued by APT Group, as may be varied by agreement in writing between the Parties.
“Writing” includes electronic mail, facsimile transmission and comparable means of communication.
 

“Customer”

means the person/company (including their employees, agents or assigns) and the organisation for whom APT Group carries out work or supplies materials.

2.      Acceptance of Works (The Contract)

  • Any Quotation given by APT Group shall not constitute an offer and is only valid for 30 days from its issue
  • These Terms & Conditions and any Quotation provided by APT Group constitute the entire Contract between the Customer and APT

 

  • The Contract is considered to start when the Customer has confirmed, in writing, the Customer’s acceptance of APT Group’s Quotation and APT Group has confirmed with the Customer a date for the work to
  • Due to the unique nature of every job, specific terms and conditions may apply to a contract. These will be included with APT Group Quotation and highlighted to the
  • Any illustrations, descriptions, and imagery either displayed on the APT Group website, in marketing materials (both offline and online), catalogues, price lists, or others are intended merely to present a general idea of works and services provided by APT Group. No part of these shall form part of any
  • These Terms & Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or implied by trade, custom, practice, or course of
  • No addition, alteration, substitution or waiver of these terms and conditions will be valid unless expressly accepted in writing by APT Group or a person authorised to sign on APT Group

3.      Quotations

  • Any Quotation supplied by APT Group can be withdrawn by APT Group at any time before receiving an unqualified acceptance from the Customer and shall be deemed withdrawn if it has not been accepted within 30 days from its date.
  • The Quotation is based on the visual inspection and assumed condition of the land/building unless stated otherwise with evidence of a written description or detailed plans from the structural engineer or architect. Any change to those conditions found to exist as work proceeds may result in additional charges to those initially indicated, and APT Group will not be held
  • The Quotation is based on the work being carried out during normal working hours. Should weekend, holiday or other extraordinary hours be required, the Customer may incur an additional cost for
  • APT Group reserve the right to increase the Price before any works being carried out, equivalent to the increase of cost to APT Group, including additional materials, labour, equipment hire and transport since the date of the provided Quotation (either done so in writing, email or orally), unless the final Price exceeds the quoted Price by more than 10%, by which the Customer may cancel the Contract provided the Customer do so before any works commencing (including the order of materials or equipment hired).
  • Any Quotation provided by APT Group may be revised in the following circumstances:
    • After APT has submitted the Quotation, the Customer instructs APT Group (in written form only via email) to provide additional works or services not referenced or detailed within the
    • If following the submission of the Quotation by APT Group, there is an increase in the cost of materials to be
    • If following the submission of the Quotation by APT Group, it is discovered further works and services need to be carried out which had not been anticipated, for example, to bring an existing installation up to standard before any extension or modification can be
    • If following submission of the Quotation or works carried out, it is discovered that there was a manifest error when the Quotation was prepared.
  • APT Group will not be under any obligation to provide a Quotation to the Customer. APT Group will only be bound to Quotations supplied in writing to the Customer, which have also been signed by

 

APT Group authorised representative. APT Group will not be bound by any Quotations provided orally.

  • The Customer will reimburse APT Group for all expenses incurred (including labour, materials and equipment hire) upon acceptance of a Quotation which the Customer subsequently cancel, except where clause 15

4.      Call Out Fee & Charges

  • APT Group charges a minimum one (1) hour call-out fee for all appointments, regardless of work carried out. If for any reason APT Group is unable to carry out works during attendance, the minimum one (1) hour call out fee would still be payable for APT Group attendance, plus the cost of any additional labour time over the first hour and parts/materials if used.
  • An Abortive Visit Charge (AVC) is applied where an appointment is agreed for work at the Customer’s premises, and the Skilled Worker arrives within the appointment slot but is unable to carry out the work at, or gain access to, the Customer’s premises.

5.      Prices and Payment

  • The Price as stated in the Contract does not include Value Added Tax (“VAT”). VAT will be charged at the prevailing rate. APT Group’s VAT registration number is GB 350156527 . All payments are due in Pounds Sterling.
  • Payments are due as per the payment schedule stated in the Quotation. The Quotation will specify any requirement for an advance payment or stage
  • All invoices are payable within the terms specified on
  • APT Group preferred method of payment is by BACS/Faster Payment. APT Group bank details are on the APT Group Invoice. APT Group will also accept payment by cheque, agreed in advance, subject to a £10 administration
  • Where the Customer is represented by a third-party person(s) or agent(s) (such as a managing agent, landlord, tenant or another occupier, friend, family, contractor, or another representative), in the event of non-payment by the Customer, the third party will be responsible for full payment unless APT Group has agreed otherwise in writing before any works
  • Any queries relating to an invoice must be received within seven (7) days from the date of the Until a query is resolved, the Customer remains liable to pay the undisputed part of an invoice within the original timescale detailed on it.
  • If payment of the Price or any part thereof is not made by the due date, APT Group may:
  1. Cancel the Contract or suspend any further provision of the Works to the Customer with immediate effect. Any such period of suspension shall be disregarded for the purpose of contractual time limits previously agreed for the completion of the Services,
  2. Charge the Bank of England interest rate plus 8% per annum on the unpaid amount.
  3. Apply a charge of £10 (to cover administrative expenses and not as a penalty) per reminder for overdue payment submitted to the Customer. APT Group shall be entitled to submit such reminders weekly once the fees have become overdue.
  4. Seek to recover all costs reasonably incurred by APT Group in collecting payment of any overdue invoices from the
  • APT Group will not provide or issue any guarantees, certificates, or other similar documents to the Customer for works unless payment has been made and received in full.

 

6.      Quality of Goods

  • It is APT Group responsibility to supply the Customer with goods that meet the Customer consumer If the Customer has any concerns that APT Group has not fulfilled its legal obligations, please contact APT Group.
  • APT Group warrants to use materials that are of satisfactory quality and suitable for their intended Unless agreed otherwise, all materials will be new.
  • The terms of these Conditions shall apply to any repaired or replacement Goods supplied by APT Group under clause 1 above and section 13 below.

7.      Supply of Services

  • APT Group shall undertake the work per the Quotation and Schedule of Works in all material
  • APT Group shall undertake the work carefully and competently, per the Building Regulations manufacturer’s instructions and recommendations, BBA Certificates and warranty conditions as APT Group will leave the working area clean and tidy after finishing the work.
  • APT Group will prevent or minimise health and safety risks to the Customer and other people visiting the
  • APT Group will endeavour to minimise environmental disturbance, nuisance, or pollution from
  • APT Group will make sure that any temporary protection for the work is safe and
  • Time frames and delivery dates are provided for guidance only and APT Group makes no guarantee that the services will be performed within the specified period. For the purposes of this Contract, time shall not be of the essence, and APT Group shall not be liable for any loss or damage suffered by the Customer because of the delivery of services being delayed or postponed for any
  • APT Group shall have the right to make any changes to the work necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the work, and APT Group shall notify the Customer in any such
  • The cost of the removal of any waste materials will be included in APT Group’s
  • In the unlikely event of any Asbestos type materials being found during the Works, the Customer must take responsibility for employing a specialist company under a separate contract to remove and dispose of it at the Customer’s own
  • APT Group will perform the Services using APT Group own staff and sub-contractors.

8.      Guarantees

  • Any guarantee provided by APT Group shall be for labour only, in respect of faulty workmanship, from twelve (12) months of the date of completion.
  • Any parts, equipment or components supplied by APT Group will be covered by their respective manufacturer’s warranty, terms and conditions and response
  • APT Group guarantee will become null and void if the work/appliance completed/supplied by APT Group has been:
    • Subject to misuse or negligence
    • Repaired, tampered with, or modified by anyone other than APT Group

 

  • APT Group accepts no liability for (or guarantee suitability for) materials supplied by the Customer or other third It will not accept liability for any damage or faults as a result.
  • APT Group is unable to guarantee any work in respect of blockages in waste and drainage systems.
  • APT Group cannot guarantee any work undertaken on instruction by the Customer against APT Group’s advice or recommendations, including work on inferior quality installations or installations over ten years
  • APT Group will not be liable or responsible for any damage or defect arising from work not fully guaranteed or where recommended work has not been carried
  • APT Group will not guarantee work where the Customer has been notified either verbally or in writing by APT Group of any related work which requires attention.

9.      Title and Risk

  • The risk in the Goods shall pass to the Customer on completion of delivery.
  • Title to the Goods shall not pass to the Customer until APT Group receive payment in full from the Customer for the related invoice or for any other of APT Group invoices for goods or services supplied to the Customer that have become due, in which case title to the Goods shall pass at the time of payment of all such
  • If before title to the Goods passes to the Customer, the Customer becomes subject to any of the events listed in clause 17.1 or fail to make payment for the goods when requested then, without limiting any of APT Group other right or remedies, APT Group may at any
    • require the Customer to deliver up all Goods in the Customer possession which have not been irrevocably incorporated into another product; and
    • if the Customer fails to do so promptly, enter the Customer’s premises or third-party premises where the Goods are stored to recover

10.  The Customer’s Obligations

  • the Customer shall:
    • co-operate with APT Group in all matters relating to the work to be
    • provide APT Group, APT Group employees, agents, consultants, and subcontractors, with access to the Customer premises and other facilities, such as power and water, as reasonably required by APT Group to undertake the
    • provide APT Group with such information and materials as APT Group may reasonably require to undertake the work and ensure that such information is accurate in all material
    • prepare the Customer premises for the undertaking of the work; including but not limited to the provision of a suitable working environment (for example, emptying, moving, and covering of furniture and precious items).
    • obtain and maintain all necessary licences, permissions and consents which may be required for the work before the date on which the work is to start.
    • obtain permission for APT Group to proceed over property belonging to neighbours or third parties if this is necessary. The Customer shall indemnify APT Group in all aspects of claims from neighbouring/third party properties arising from APT Group presence or that of APT Group

 

  • keep and maintain all materials, equipment, documents, and other property of Ours (APT Group Materials) at the Customer premises in safe custody at the Customer own risk, maintain APT Group Materials in good condition until returned to APT Group, and not dispose of or use APT Group Materials other than per APT Group written instructions or authorisation; and
  • where the area has restrictions on parking, submit permission or provide a parking permit for APT Group for such period as the duration of the
  • By instructing APT Group to proceed with any works as agreed, it is thought that the Customer has sought the necessary permission as set out above. The Customer will be liable to APT Group for all loss and damage, whether indirect, direct, or consequential, which APT Group has suffered due to the failure or delay by the Customer in performing the obligations as detailed
  • If APT Group performance of any of APT Group obligations in respect of the work is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
    • APT Group shall, without limiting APT Group other rights or remedies, have the right to suspend performance of the work until the Customer remedy the Customer Default and to rely on the Customer Default to relieve APT Group from the performance of any of APT Group obligations to the extent the Customer Default prevents or delays APT Group performance of any of APT Group obligations.
    • APT Group shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from APT Group failure or delay to perform any of its obligations as set out in this clause 3; and
    • the Customer shall reimburse APT Group on written demand for any costs or losses sustained or incurred by APT Group arising directly or indirectly from the Customer

11.  Data Protection

  • ‘‘Data Protection Legislation’ refers to The Data Protection Act 2018 and any secondary legislation in England and Wales relating to the processing of Personal Data and the privacy of electronic communications, as amended, replaced or updated from time to
  • All personal information that APT Group may collect (including, but not limited to, the Customer name, postal address, email address, and telephone number) will be collected, used, and held according to the provisions of Data Protection Legislation as defined in clause 1.
  • APT Group collects, uses, and stores the Customer’s personal information is set out in APT Group privacy
  • In certain circumstances, and with the Customer consent, APT Group may pass the Customer’s personal information on to credit reference agencies. These agencies are also bound by the Data Protection Legislation as defined in clause 10.1 and should use and hold the Customer personal information
  • APT Group will not pass on the Customer personal information to any other third parties for marketing purposes without first obtaining the Customer express consent.
  • APT Group may take photographs for APT Group’s promotional use. They may appear on APT Group social media sites and website. By agreeing to these conditions, the Customer has given APT Group permission to do so. APT Group will own and retain the copyright of any image taken but will happily share with the

 

12.   Limitation of liability

  • APT Group liability shall be limited to:
    • the repair or making good of any defect according to APT Group undertaking in paragraph 13 below, and subject to paragraph 6
    • The reasonable costs of repair or reinstatement of damage or any loss to the Customer property, should this result from APT Group negligence, and the Customer incur such
  • APT Group will not hold any responsibility for any damage suffered to a part of any property where the damage is in whole or in part a consequence of a defect or weakness in that part of the
  • APT Group will not hold responsibility or liability for damage caused whilst investigating and repairing any electrical, plumbing, gas, or drainage work, including blockages. Including but not limited to; the removal of bathroom suites, panels or furniture, tiles and tiling, floor coverings (carpet, rugs, laminate, wood, tiles etc.), internal and external walls where cabling or pipework is/must be routed and other damages as a
  • If there is no facility to shut off the water supply to the property within the property and APT Group must use a stopcock in the street, APT Group will not hold responsibility or liability for any leakage or damage to any property when the supply is turned back
  • If damage to plaster and brickwork is caused, it will be the Customer responsibility to make good. APT Group cannot accept responsibility for any damage to wallpaper, paintwork, tiles, carpet, furniture etc. Any silicone work does not carry any
  • It is the Customer responsibility to protect items of furniture, furnishings, fixtures, and fittings. APT Group will make reasonable efforts not to cause damage. APT Group suggests the Customer remove items that are considered to be a problem. If items remain within the working area, it is the Customer responsibility to cover such
  • Nothing in these conditions excludes or limits APT Group liability for death or personal injury resulting from APT Group negligence and that of APT Group employees or agents or for fraud or fraudulent misrepresentation.
  • This clause 12 shall survive termination of the Contract.

13.  Defects

  • Subject to paragraph 6.1 and the exclusions listed below, APT Group undertakes to make good and repair any defect in completed work, which appears within twelve months of the completion date, to the extent that such defect arises from the breach of APT Group obligations under this
  • The Customer must notify APT Group in writing of any defects within this period. APT Group and APT Group insurers must be provided with the opportunity to inspect the work and any alleged
  • This inspection shall only apply to work carried out and completed by APT Group that the Customer has paid for in
  • Following the inspection, should it transpire that the alleged defect is not the result of any work or service carried out or provided by APT Group, APT Group reserves the right to charge the Customer for the inspection visit at APT Group standard
  • APT Group reserves the right not to carry out any work where the Customer cannot provide sufficient evidence that APT Group originally carried out the work or that full payment has not been received for said

 

  • Exclusions are:
    • Any parts or materials supplied by APT Group will only be provided with the manufacturers or suppliers guarantee and are not guaranteed by APT
    • Any systems or structures which APT Group has not
    • Any defects resulting from the misuse, wilful act, or faulty workmanship by the Customer or any other third party working for or under the Customer
    • Any structural defects, such as but not limited to subsidence and its resultant

14.  Intellectual Property Rights

  • All Intellectual Property Rights in or arising out of or in connection with the Works shall be owned by APT
  • The Customer acknowledges that, in respect of any third-party Intellectual Property Rights in the Services, the Customer use of any such Intellectual Property Rights is conditional on APT Group obtaining a written licence from the relevant licensor on such terms as will entitle APT Group to license such rights to the

15.  Notice of the Customer Statutory Right to Cancel (Individuals only)

  • The Customer (being an individual) will have the statutory right to cancel the Contract within 14 days, starting on the day after the Commencement Date (the Cancellation Period).
  • The Customer will need to notify APT Group that they wish to cancel the Contract. The Customer will need to cancel the Contract in writing, clearly stating their intention to cancel. The Customer may use the model cancellation form at the foot of these terms and conditions, but it is not In any case, the Customer’s statement should include the date the Services were ordered, their name, their address, and the date they are requesting the cancellation.
  • If the Customer requires APT Group to begin the Works within the Cancellation Period, APT Group requires the Customer to make an express request. In such cases, the Customer’s right to cancel continues until either the end of the Cancellation Period or the completion of the Works, whichever is the
  • If the Customer cancels during the Cancellation Period, APT Group will be entitled to payment by the Customer of a sum in proportion to the Services supplied until receiving notice of the decision to cancel, in comparison with the full coverage of the
  • The Customer’s right to cancel the services will no longer apply once the Services have been fully
  • After APT Group receives the cancellation notice, it will refund any money the Customer has already paid for the Services, subject to deductions according to sub-clause 4, within fourteen

(14) days.

16.      Cancellation

  • Orders, once accepted, cannot be cancelled except by express approval in writing by APT Group, subject to the provisions of Clause 15 above and Clause 17

17.  Right of Termination

  • APT Group reserve the right to terminate the Contract with immediate effect in the event of any of the following:
    • that the Customer becomes insolvent or enters some form of insolvency arrangement.

 

  • That the Customer suspends, threaten to suspend, ceases, or threaten to cease to carry on, all or substantially the whole of the Customer’s business.
  • That the Customer (being an individual) dies or, because of illness or incapacity (whether mental or physical), is incapable of managing the Customer’s own affairs or becomes a patient under any mental health
  • If either Party breaches a material provision under this Contract, the non-defaulting Party may terminate this Contract immediately and require the defaulting Party to indemnify the non- defaulting Party against all reasonable
  • Without limiting APT Group other rights or remedies, APT Group may terminate this Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under this Contract on the due date for payment.
  • All notices of termination of the Contract should be submitted to the other Party in

18.  Consequences of Termination

  • On termination of the Contract for any reason:
    • the Customer shall immediately pay to APT Group all APT Group’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has yet been submitted, APT Group shall submit an invoice, which shall be payable by the Customer immediately on receipt.
    • The Customer shall return all APT Group Materials which have not been fully paid for. If the Customer fails to do so, then APT Group may enter the Customer’s premises and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safekeeping and will not use them for any purpose not connected with this
    • The accrued rights and remedies of the Parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
    • Clauses which expressly or by implication have effect after termination shall continue in full force and

19.  Events Outside of APT Group Control (Force Majeure)

  • APT Group will use all reasonable efforts to carry out and complete the works on time but shall not be liable to the Customer or any third party if the works prove impossible due to events or circumstances beyond APT Group’s reasonable
  • If the delay persists for such time as APT Group considers unreasonable, APT Group may terminate the Contract without liability on its

20.  Complaints, Communication and Contact Details

  • If the Customer wishes to contact APT Group with questions or to make a complaint, please contact APT Group by telephone at 01380 711781 or by email at mail@aptgroupservicesltd.co.uk
  • APT Group is committed to providing its customers with high-quality service, and to that end, it is a member of NICEIC. If the Customer is dissatisfied with APT Group’s services, APT Group asks that the Customer contact them first to rectify the issue. If the Customer feels that APT Group has not adequately addressed the complaint, they can contact NICEIC and raise their concerns. http://www.niceic.com/find-a-contractor/complaints/complaints-resolution-process. APT Group would appreciate every opportunity to resolve any dispute

 

21.  Other Important Terms

  • If any of the provisions of the Contract are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Contract.
  • The Contract between the Customer and APT Group for the Works shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Customer, without APT Group prior written
  • No failure or delay by APT Group in exercising any of APT Group rights under this Contract means that APT Group has waived that right, and no waiver by APT Group of a breach of any provision this Contract means that APT Group will waive any subsequent breach of the same or any other
  • Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either Party the agent of another party for any Neither Party shall have authority to act as agent for, or to bind, the other Party in any way.
  • A person who is not a party to the Contract shall not have any rights to enforce its

22.  Governing Law and Jurisdiction

  • This Contract shall be governed by and construed under English Law, and the parties agree to submit to the exclusive jurisdiction of the courts of England & Wales.

 

 

 

APT Group Services Limited The Customer
Signature Signature
Print Name & Title Print Name & Title
Date Date

 

 

 

MODEL CANCELLATION FORM (for Individuals Only)

To APT Group Services Limited, Unit 2, Roundway Hill Business Centre, Hopton Rd, Roundway, Devizes SN10 2LT

I/We* hereby give notice that I/We* cancel My/Our* contract of sale for the provision of Goods and Services.

*delete as appropriate

 

Date of Order
Project Details
Customer Name
Address
Signature
Date

 

Print off and send this form to APT Group Services Limited, Unit 2, Roundway Hill Business Centre, Hopton Rd, Roundway, Devizes SN10 2LT, or scan it and email it to mail@aptgroupservicesltd.co.uk

 

Alternatively, you can just email APT Group with your cancellation request, including your name and address details.