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Terms & Conditions

Smart Homes Made Simple – Terms Of Supply and Installation

  1. Definitions

The Company – Smart Homes Made Simple – referred to as SMS

Client – The person, firm or company that purchases goods and services from the company.

The Works – the supply and installation of the smart home system at the project address

Project Address – the address at which the smart home system is to be installed.  

Installer – The client or their chosen contractor 

  1. The Works

2.1 The client should carefully read system summary  and the PDF download of the smart home system to make sure they are satisfied with the system that will be provided by SMS

2.2 The Client must note what is included in the system specification and also what is not included, this information is included on all system PDF downloads.  

2.3 SMS will carry out and complete the Works with due diligence and in a good and workmanlike manner. The quality of the equipment and workmanship supplied in respect of the Works is to be in accordance with the Specification Documents and shall be of sound manufacture and

2.4 All works that is carried out by a third party such as the client or their chosen electrical contractor must be installed in accordance with the manual provided by SMS

2.5 At each stage in the project process the appropriate checking and testing must be preformed by the third part installer and the details of the test results must be handed to SMS.  

2.6 The process that is tracked on the SMS portal must be adread to at all time by all parties.  SMS will not advance to the next stage of the installation process unless they are satisfied previous stages have been installed with due diligence and good workmanship.

2.7  SMS reserve to right to charge for additional site visits if poor workmanship is found or unsatisfactory test results reported that require attention form the installer.   

2.8 The equipment to be provided by SMS shall generally conform to the equipment set out in the system PDF download.  However slight variation sin appearance and colour of materials may occur.  

2.9 Whilst SMS will endeavour to make any changes requested by the Client to the Smart Home System, such changes are limited to the functionality capabilities of the Smart Home System and additional charges may apply.

2.10 Should any equipment cease to be available prior to the carrying out of the Works, SMS reserve the right to use an alternative product, without the consent of the Client being required. Any alternative products used by SMS will be of equal or better quality and will provide equal or better functionality to the equipment described in the Specification Documents. Additional charges may apply with regards to alternative products

2.11 By accepting these Terms the Client authorises SMS to purchase the equipment. The Client should note that manufacturers’ warranties will commence upon the date of purchase of the equipment by SMS

2.12 Delivery of the equipment shall be made to the Project Address on a date agreed between the parties. The cost of delivery is included within the Price. If the Client requests a postponement to delivery of the equipment, SMS shall arrange appropriate insurance and storage of the equipment at the Client’s expense 

  1. Completion

3.1 SMS will use reasonable endeavours to complete the Works by the mutually agreed completion date. If it becomes apparent that the Works will not be completed by the Completion Date for reasons beyond the control of SMS, then SMS shall notify the Client of this delay by letter or email.

    1. The completion date will be extended in the following circumstances

3.2.1 Delay in the Client providing access to the Property;

3.2.2 Prevention, impediment or default of the Client or a third party (including other contractors on site);

      1. Delay in the delivery of equipment to the Property which is outside of SMS’s control;
      2. Delay in receipt from the Client of approval of the contents of the Specification Documents;
      3. A failure by the Client to make payment by the Payment Dates; and/or

3.3 SMS shall confirm to the Client using the portal project progress tracker when in SMS’s opinion, the Works have been completed

3.4 SMS shall not be liable for any delay or failure to perform any of its obligations under these Terms if the delay or failure results from events or circumstances beyond its reasonable control including acts of God, strikes, lock outs, accidents, war, fire, flood or industrial disputes, and shall be entitled to a reasonable extension of its contractual obligations in such event.

  1. DEFECTS and remedial works

    1. Any defects or other faults in the Works, which appear within 12 months of the date of completion of the Works, shall be made good as soon as practicable, by SMS, entirely at SMS’s expense, save for defects or other faults in the Works which arise due to the following exclusions (“Excluded Defects“): 
      1. Damage caused by the Client, or others within the Property (such as other contractors);
      2. The Smart Home System being operated by the Client or other persons outside of the tolerances recommended by the Specification Documents;
      3. Damage to or caused by equipment which was supplied by the Client;
      4. Cabling or other installation work carried out by the Client or third parties; and
      5. Repairs to equipment carried out by the Client or third parties.
    2. SMS will be entitled to additional payment for remedying Excluded Defects and/or for inspecting or removing faulty equipment if the equipment is still within the manufacturer’s warranty period.  

  1. payment

    1. The Client will make payment to SMS of the Price in accordance with the Invoice Payment Schedule available in the client portal area of the SMS website.

PLEASE NOTE THE FOLLOWING ADDITIONAL CHARGES

    1. SMS requires access to the Property at all reasonable times during the carrying out of the Works. The areas of the Property where the Works are to take place are to be cleared of all furniture. Additional charges will apply in respect of waiting time, room clearance, and wasted journeys. 
    2. SMS reserves the right to charge for any increases in the costs of equipment or materials which take place prior to completion of the Works. 
    3. Additional charges will apply if the Client requests changes to the Works or additional works. 
    4. If the Client fails to make payment on or before the date set out in the Payment Invoice Schedule, SMS may charge interest on the sums due at a rate of 3% above the base rate of the Bank of England. 
    5. If the Client fails to make payment in accordance with the Payment Invoice Schedule, SMS can require payment in advance prior to carrying out any further work under these Terms. 
    6. The Client should remain vigilant regarding cyber crime, and should only make payment to the bank details set out in SMS’s invoices. SMS accepts no liability for payments which the Client makes to an incorrect bank account, whether due to error, third party fraud, cyber crime, or otherwise. If the Client has any concerns regarding the legitimacy of a payment request then the Client should contact SMS by telephone to discuss this (using the contact details which have previously been provided to the Client). 

  1. limitation on liability

    1. Nothing in these Terms shall limit or exclude SMS’s liability for death or personal injury caused by SMS’s negligence, or the negligence of its employees, agents or subcontractors, fraud or fraudulent misrepresentation, breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession), breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession), or defective products under the Consumer Protection Act 1987.
    2. Subject to clause 6.1 SMS shall not be liable to the Client, whether in contract, tort (including negligence), for breach of statutory duty or otherwise arising under or in connection with the Works for loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill, and any indirect or consequential loss.
    3. Subject to clause 6.1, SMS’s total liability to the Client, shall be limited to 100% of the Price. 

  1. GENERAL

    1. Neither party shall be entitled to assign the benefit of these Terms without the prior written consent of the other party.
    2. All intellectual property rights in or arising out of or in connection with the Works shall be owned by SMS. 
    3. SMS may prior to or during the installation process take still images of the Property and the Works. These are for internal purposes only and will not be disclosed to third parties or used in publicity materials, without the prior written consent of the Client. 
    4. The title in goods and equipment supplied by SMS will not pass to the Client until the Client has made payment in full to SMS of the Price.
    5. No amendment may be made to these Terms unless agreed by both parties in writing. 
    6. SMS will comply with the requirements of all Acts of Parliament, rules, orders and regulations (including the Construction (Design and Management) Regulations 2015) of any competent authority dealing with matters of health and safety applicable to the Works. 
    7. These Terms is the entire agreement between the parties regarding the Works. Any works performed by SMS before the date of these Terms shall be treated as having been performed under the terms of these Terms, which supersedes any previous agreement or understanding between the parties in respect of the Works. 
    8. These Terms shall be governed and interpreted in accordance with English law and the parties irrevocably submit to the jurisdiction of the English courts. 
    9. 5.10.Nothing in these Terms shall confer or is intended to confer any right to enforce any of its terms on any person who is not a party to it.

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