Terms and Conditions
The Website is owned and operated by Material Design Innovation Ltd (MDI Ltd). Our company is registered in England and Wales and our company information and registered office address can be found on our website under the Information page.
You can contact us by email at matt.ingram@materialdesigninnovation.com or by telephone on 07739418813.
The Website is only intended for use by customers resident in the U.K. We do not accept orders from any customers outside of the U.K.
Do not place and order with us unless:
a. You are legally capable of entering into binding contracts;
b. You have the necessary permission and authority to enter into this Contract;
c. You are at least 18 years old;
d. You are a resident in the U.K (Mainland Only).
Quotation and entire agreement
- These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by MDI Ltd a company registered in England and Wales under number 14369834, whose registered office is at 98 Bolton Road, Atherton, M46 9JY (we or us or Service Provider) to the person buying the services (you or Customer).
- You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) is the entire agreement between us.
- You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Interpretation
4. A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.
5. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
6. Words imparting the singular number shall include the plural and vice-versa.
Services
7. We warrant that we will use reasonable care and skill in our performance of the Services, which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services, which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
8. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
9. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
Your obligations
10. You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the
Services.
11. If you do not comply with clause 10, we can terminate the Services.
12. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
13. To ensure you provide us with all information we need to fulfil the contract with you. We will not be made liable to complete the works set out within the contract if we do not have the correct and valid details and information requested.
14. MDI Ltd Obligations. MDI Ltd will comply with all applicable laws, ordinances, rules, regulations, and orders of public authorities for the safety of persons and property.
15. Customer Obligations. Customer will provide MDI Ltd, its employees, agents, and subcontractors reasonable access to the Property for the purpose of performing the Services. Customer agrees to keep the Property clear of all known and potential hazards. Customer further agrees to keep all pets out of the work area of the Property.
Term and Schedule
16. For one-time, project-based services, MDI Ltd is estimating to complete the Services within the provided schedule. The Customer agrees that all dates are subject to change if the Customer requests any changes or
additions to the Services. Completion date is further subject to weather conditions, and any unforeseen
circumstances during the renovation.
17. The Start Date may vary either brought forward or pushed back, if this happens MDI Ltd will advise immediately when this is known, once the initial payment has been paid/received the start date will be fixed and the following schedule provided;
a. Start Date:
b. Substantial (50%) Completion Date:
c. Full Completion Date:
Fees and Payment Schedule
18. We will invoice you for payment of the Fees either:
- When we have completed the Services in accordance with the payment schedule; or
- On the invoice dates set out in the quotation.
19. You must pay the Fees due within 1 day of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
20. Time for payment shall be of the essence of the Contract.
21. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 2% per month above the base lending rate of the Bank of England on the amount outstanding until payment is received in full.
22. Payment is Strictly Net Of Any Discount.
23. All payments due under these Terms and Conditions must be made in full and in accordance with the payment schedule without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
24. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services, which have been ordered by, or otherwise arranged with you.
25. All payments must be made in British Pounds unless otherwise agreed in writing between us.
26. The fees (Fees) for the Services are set out in the quotation and are on a one-time, project-based basis.
27. For one-time, project-based services, The Customer agrees to pay MDI Ltd the Total Payment specified for the Services in accordance with the payment schedule:
First payment upon acceptance of quotation / contract including VAT representing material cost plus 50% of
labour costs of the quotation. Materials need to be ordered a minimum 10 days in advance of the work
commencement date.
a. First Payment – Material Costs plus 50% of labour costs;
c. Second Payment - TOTAL balance due.
28. You must pay us for any additional services and materials provided by us that are not specified in the quotation.
29. The Fees are exclusive of any applicable VAT and other taxes or levies, which are imposed or charged by any competent authority.
Cancellation and amendment
30. We can withdraw, cancel or amend a quotation if you have not accepted it, or if the Services have not started, within a period of 10 days from the date of the quotation, (unless the quotation has been withdrawn).
31. If you want to amend any details of the Services you must tell us in writing as soon as possible and agreed by both MDI Ltd and the Customer. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
32. The Customer agrees that any changes to the Services may result in additional charges and modify the Schedule described in the sections above.
33. Either you or we can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
34. If, due to circumstances beyond our control, including those set out in the clause below
(Circumstances beyond a party’s control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
Representations
35. MDI Ltd Representations. MDI Ltd will perform the Services in a workmanlike manner, in compliance with all applicable laws, regulations, codes, restrictive covenants, and homeowners’ association requirements.
36. Customer Representations. Customer is the legal owner of the Property, or otherwise has authority to permit construction upon the Property. The requested Services are in accordance with all applicable laws, regulations, codes, restrictive covenants, and homeowners’ association requirements. Customer has the financial ability to pay MDI Ltd for the Services.
Insurance
37. MDI Ltd warrants it is adequately insured for injury to its employees and any others incurring loss or injury as a result of the acts of MDI Ltd or its employees and subcontractors.
Subcontractors
38. MDI Ltd may engage subcontractors to perform work at its discretion, provided that MDI Ltd shall fully pay any subcontractors and in all instances remain responsible for the proper completion of Services.
39. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
40. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
Liability and indemnity
41. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
42. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
43. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
- Any indirect, special or consequential loss, damage, costs, or expenses or;
- Any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
- Any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
- Any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
- Any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
44. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
45. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any other matters for which it would be unlawful to exclude or limit liability.
Termination
46. MDI Ltd can terminate the provision of the Services immediately if you:
47. Commit a material breach of your obligations under these Terms and Conditions; or
48. Fail to pay any amount due under the Contract on the due date for payment; or
49. Are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
50. Enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
51. Convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
52. If any reason that is deemed unable to continue working with you under our contract, any reason that makes it difficult to communicate with you, any reason that you do not provide all/any information we require in order to fulfil our obligations under the contract.
53. The Customer can terminate the Contract by giving written notice: (a) if MDI Ltd commits any material breach of this Contract and fails to correct the breach within 10 days of notice of the breach; or (b) if there is any repeated failure by MDI Ltd to provide the Services of an acceptable standard and to the reasonable satisfaction of Customer.
Intellectual property
54. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Data Protection
55. When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of the Customer.
56. The parties agree that where such processing of personal data takes place, the Customer shall be the ‘data controller’ and the Service Provider shall be the ‘data processor’ as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
57. For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.
58. The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party’s purposes.
59. The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict ‘need-to-know’ basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
60. The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.
Circumstances beyond a party’s control
61. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
Communications
62. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
Notices shall be deemed to have been duly given:
a. When delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
b. When sent, if transmitted by Post, fax or email and a successful transmission report or return receipt is generated;
c. On the fifth business day following mailing, if mailed by national ordinary mail; or
d. On the tenth business day following mailing, if mailed by airmail.
63. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
No waiver
64. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
Severance
65. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and jurisdiction
66. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.