Terms & Conditions

This agreement (“Agreement”) is entered into between [Open Space Concepts Ltd], hereinafter referred to as the “Contractor” or “Company” or “We,” and the undersigned customer, hereinafter referred to as the “Customer” or “You.”

• ‘Company’: Open Space Concepts Ltd.
• ‘Customer’: The individual purchasing or agreeing to buy goods from the Company, as indicated by the name and address on the accompanying documentation.
• ‘Goods’: The articles that the Customer agrees to purchase from the Company.
• ‘Premises’: The property of the Customer where the installation of the Goods is to be carried out by the Company.

1.  Scope of Work

The Customer, as identified above, hereby requests the Contractor to carry out the work detailed in the attached work schedule, which has been signed by the Customer, at the total cost specified. The Customer affirms having read, understood, and agreed to the printed general conditions of sale provided on the reverse side of this document.

2.  Survey Notes and Specifications

The Customer acknowledges that the details contained within the survey notes attached below have been explained, understood, and are accurate, reflecting the works intended to be completed at the Customer’s property. All colours related to the structure and any other materials have been selected from the manufacturers’ colour swatches/books.

Any changes to the specifications made after the completion of this survey must be communicated to Open Space Concepts Ltd. via email at accounts@openspaceconcepts.co.uk. Changes must be submitted no later than 7 days after the initial deposit date. Open Space Concepts Ltd. reserves the right to assess the feasibility and potential impact of requested changes.

3.  Representative’s Explanation

The representative of Open Space Concepts Ltd., hereinafter referred to as “The Representative,” affirms that they have fully explained the terms and conditions outlined in this contract to the Customer. The Customer acknowledges receiving a comprehensive explanation of all contractual elements.

By signing below, the Customer agrees to abide by the terms and conditions set forth in this Agreement and affirms the accuracy of the information provided in the attached survey notes.

Quality Assurance and Ownership

Open Space Concepts Ltd. is committed to delivering products of the highest quality. We exclusively utilise premium materials in the construction of our products. Each item ordered is meticulously tailored to meet your specific requirements, ensuring a unique and personalised result.

The products provided by Open Space Concepts Ltd. are intended solely for the use of the Customer named in this Agreement. These customised items are not for resale, transfer, or conveyance to any third party without the express written consent of Open Space Concepts Ltd. The ownership and rights to the products remain with Open Space Concepts Ltd. until the full payment has been received from the Customer.

Any attempt to sell, transfer, or otherwise dispose of the products to a third party without the appropriate authorisation from Open Space Concepts Ltd. constitutes a breach of this Agreement and may result in legal action to protect the interests and intellectual property of Open Space Concepts Ltd.

Installation of Patio Heaters

For the installation of patio heaters, it is imperative that you engage the services of a qualified electrician to ensure a safe and compliant connection to the mains. While Open Space Concepts Ltd. undertakes the fitting of the heater to the structure or property wherever possible, it is expressly clarified that any cabling from the heater to the power source is not the responsibility of Open Space Concepts Ltd.

The electrical supply work for the patio heaters must be carried out by a fully qualified and licensed electrician. It is illegal for a non-qualified person to conduct such work. Open Space Concepts Ltd. assumes no liability for any issues arising from the electrical connection of the patio heaters that are not directly performed by our authorised personnel.

SITE SURVEY: Prior to initiating the order placement with our manufacturing partner, a meticulous site survey will be diligently carried out. This survey holds paramount significance in ensuring a nuanced understanding of the customer’s property, thereby facilitating meticulous planning and subsequent execution of the installation process. The primary objectives of this site survey encompass the accurate assessment of the property’s characteristics, determination of installation feasibility, and identification of any technical considerations that may influence the project.

The purpose of the survey extends beyond feasibility determination; it serves as a crucial means to apprise the customer of potential requirements or modifications necessary for the successful completion of the project. This procedural refinement is undertaken to elevate the precision and efficacy of our operational practices, aligning them with the evolving standards of excellence within the industry.

On certain occasions, photographic documentation may be employed to aid in the assessment of feasibility. Subsequently, within seven days, the Company will furnish the technical department’s comprehensive feasibility study. If the study indicates an unfeasible installation, the Company, within seven days, will duly inform the Customer, effect the cancellation of the contract, and promptly return the deposit.

Furthermore, the Customer is kindly requested to grant unimpeded access to the Company’s representatives for the purpose of conducting technical assessments, executing works delineated within the contract, and any subsequent necessary tasks. This access ensures the seamless progression of the project and expedites any required adjustments to guarantee optimal outcomes.

INSTALLATION DATE:

The Company will furnish the Customer with an installation date, accompanied by a three-day notice. The Company holds no liability for losses incurred due to delays arising from factors beyond its control, such as severe weather, civil disturbance, strikes, criminal acts, supply chain issues or civil war. Should the initially provided installation date be inconvenient, it is imperative for the Customer to promptly inform the Company for the scheduling of an alternative date. Delays occurring outside the Company’s control will not be held against the Company. In the event that the supply of products is delayed by an unforeseen external event, the Company will promptly notify the Customer, take necessary steps to minimize the impact of the delay, and, as long as these steps are taken, the Company will not be held liable for delays caused by such events.

PAYMENT TERMS: The Company’s quoted price is based on full payment upon completion of the work. In the event of an alleged defect, the Customer shall not withhold more than a proportionate amount of the sum due to the Company. The Customer may withhold a fee no greater than £500 for any alleged defect, with the remaining balance payable upon resolution.

STRUCTURE BASE AND BUILDING PREPARATION WORK: Should the commencement of the structure fitting be hindered due to deficient preparation works executed prior to our anticipated arrival, a fee totalling £1,000 + VAT will be applicable. This fee is deemed necessary to account for the incurred expenses associated with the unproductive journey, encompassing the time and resources expended by our installation team on that day. It is imperative to emphasise that this fee is non-negotiable and will be charged to the responsible party outlined in the contractual agreement.

In circumstances where the site is not prepared according to the specifications provided by Open Space Concepts Ltd., and it is determined on-site that the base for our structure has not been constructed in adherence to the furnished guidelines, the aforementioned fee will be imposed. This provision ensures the equitable allocation of costs and serves as a deterrent against any lapses in preparation that might impede the seamless execution of the structure installation.

PAYMENT TERMS

The payment terms outlined herein are designed to ensure a fair and transparent transaction. By engaging in business with Open Space Concepts Ltd., the Customer agrees to adhere to the following payment schedule:

1. Initial Payment:
   • 60% of the total amount is due upon placing the order.
2. Delivery Payment:
   • 35% of the total amount is payable upon delivery to our warehouse.
3. Final Payment:
   • The remaining 5% is due upon completion of the installation.

Accepted Payment Methods: The Company’s personnel are authorized to accept payment in the form of bank transfer, third party gateways such as Stripe, cash or cheques made payable to Open Space Concepts Ltd.

Property of Goods: All Goods remain the property of Open Space Concepts Ltd. until any outstanding balances are paid in full. Until such time, the Customer shall take all necessary measures to protect and maintain the Goods in their original condition.

Late or Non-Payment: In the event of late or non-payment, the following provisions apply:

• Interest shall be charged on outstanding sums at a daily rate of 2.5% above the base bank rate of Royal Bank of Scotland from time to time in force. This interest shall accrue before as well as after any Court Judgment.
• Open Space Concepts Ltd. reserves the right to collect any outstanding balances by the same method as the original deposits, including but not limited to cash, cheques, or any other acceptable payment method.

Receipts: Receipts for payments made will be issued upon telephone or written request. It is the responsibility of the Customer to request and retain proof of payment.

By entering a transaction with Open Space Concepts Ltd., the Customer acknowledges and agrees to these payment terms. Failure to adhere to these terms may result in legal action to recover outstanding amounts and may affect the warranty and ownership status of the Goods.

WARRANTY

Product Warranty: The Company commits to repairing or replacing all materials free of charge should a fault appear due to defective materials or workmanship. The warranty period is 5 years for Awnings and 10 years for all other structures from the date of installation. Additionally, Blinds, Lights, Motors, and Screens come with a 5-year manufacturer guarantee.

Exclusions from Warranty[JJ1] : This comprehensive warranty explicitly excludes coverage for damages or faults arising from accidents, misuse, or neglect by the Customer. Additionally, any remedial work conducted by an individual unauthorized by Open Space Concepts Ltd., as well as the removal or repositioning of the system or its components by any party other than Company personnel, falls outside the purview of this warranty. It is crucial to emphasize that glass damage and breakages occurring after the installation process are specifically excluded from the warranty coverage. This exclusionary clause is essential to delineate the limits of the warranty, ensuring that its applicability remains focused on defects originating from manufacturing or installation processes. In the event of a defect manifesting within two years of installation, the Customer is obligated to promptly inform the Company within 28 days of detecting the issue to facilitate a valid claim under this warranty. It is important to note that the provisions of this warranty do not impede the Customer’s statutory right to reject defective Goods.

Product Improvement: The Company reserves the right to continually improve products, including changing specifications, provided such changes do not materially affect the overall appearance or performance of the product.

Planning Permission: It is the Customer’s responsibility to determine whether planning permission from the local authority is required for the installation. If required, the Company can submit an application for a fee. The Company cannot be held responsible for any installation carried out without the required consent.

Guarantee Claims: All guarantee claims should be promptly notified to Open Space Concepts Ltd. in writing at accounts@openspaceconcepts.co.uk within 7 days of noticing the problem. All warranties and guarantees are subject to the condition that full payment for the products has been received by Open Space Concepts Ltd.

Product Usage Conditions: Customers must use and maintain the products in accordance with the manufacturer’s instructions (Operating and Maintenance Guide) where supplied and must not alter the goods.

Liability Limitations: Open Space Concepts Ltd. shall not be liable for any defect in the goods arising from any drawing, design, or specification supplied by the Customer. The company is not liable for minor imperfections or cosmetic deterioration caused by normal wear and tear or environmental factors.

Attachment of Devices or Fittings: Customers should seek advice from Open Space Concepts before attempting to attach devices or fittings (such as a patio heater) onto or around products.

Legal Rights and Replacement Products: The above warranties are in addition to the Customer’s legal rights in relation to services not carried out with reasonable skill and care or that do not conform to these terms. For domestic and private consumers, advice about legal rights is available from the local Citizens’ Advice Bureau or Trading Standards office. These terms apply to any replacement products supplied if the original products do not conform with these terms.

OUR RIGHTS TO MAKE CHANGES

Minor Changes: Open Space Concepts reserves the right to make minor changes to the products without notice to reflect changes in relevant laws and regulatory requirements, or to implement minor technical adjustments and improvements. These changes will not affect the use of the product.

Significant Changes: If significant changes are required to these terms or the product, Open Space Concepts will notify the Customer. In such cases, the Customer may contact Open Space Concepts to end the contract and receive a full refund before the changes take effect.

During Installation: Customers must ensure that no other tradesmen are working in the direct vicinity during installation to prevent damage to the order by third parties.

Site Cleanliness and Access: The site must be in a safe condition with good access for installation teams. Customers are responsible for ensuring clear access to all openings where products are being installed.

Testing vs Real Life Performance:

The determination of design wind pressure and performance under testing serves as an indication of the products’ suitability for the designated location. It is essential to note that such determinations do not constitute a guarantee of complete airtightness or immunity from leakage during unusually extreme weather conditions. Particularly, adverse weather conditions, including but not limited to heavy rain overwhelming gutters and door tracks, condensation, and porous surfaces transferring moisture into the room, are not considered grounds for warranty claims. These instances are acknowledged as potential outcomes during unforeseen weather events and are expressly exempt from warranty claims. In the occurrence of a warranty claim where the investigation reveals no identifiable faults, Open Space Concepts Ltd. reserves the right to implement a nominal charge of £250 + VAT for the dispatch of a service engineer, should the customer insist on such a visit. This charge is intended to account for the time and resources expended in addressing a claim that ultimately discloses no substantive issues with the product. Failure to settle this charge in a timely manner may result in the nullification of the outstanding warranty until such financial obligations are met. This measure is instituted to ensure equitable compensation for the services rendered and to maintain the integrity of the warranty provisions.

Powder Coating Guarantee: Powder-coated products (excluding pressings & trims) are guaranteed for a 10-year period for paintwork against fading or corrosion. Open Space Concepts follows the guidelines set out by Qualicoat (15th edition) for powder coating quality.

RAL Colour Codes: Open Space Concepts Ltd. adheres to the industry-standard RAL ‘Classic Range’ codes for the identification of paint colours used in our products. While we can provide samples for reference, it is imperative to acknowledge the inherent possibility of shade or colour variations. Open Space Concepts Ltd. explicitly disclaims liability in instances where the RAL code may differ in shade when attempting to match products supplied by third parties. This disclaimer is essential to communicate the inherent nuances in colour representation and serves as a transparent disclosure to our valued customers..

Powder Coating in Saltwater Environments: Products installed between 500m and 5.6km from high tide saltwater environments, with a marine-grade finish specified, are guaranteed against fading and corrosion for 5 years. This guarantee excludes pressings or trims. Within 500 meters of the high tide saltwater line, the powder-coated material is not guaranteed due to increased corrosiveness. Clients must inform Open Space Concepts of the site’s specific location at the point of enquiry for applicable guarantee terms.

Dear Valued Customer,

You possess the unequivocal right to rescind this contract within a stipulated seven-day period following the reception of the notice granting you the right to cancel, as specified by the number overleaf. It is essential to note that the initiation of this timeframe is established by the date explicitly recorded overleaf. The official acknowledgment of the cancellation notice is effective from the moment it is dispatched or transmitted to our offices. Should the product be installed (pending your written consent) before the expiration of the cancellation period, you will bear the full financial responsibility for the goods.

In the event of your decision to cancel the contract, it is imperative to communicate such intent IN WRITING. The communication should be either personally delivered or sent, which may include electronic mail, to the designated individual outlined below. While the provided form is available for your convenience, its utilisation is not obligatory.