OUR TERMS
1. THESE TERMS
1.1 These are the terms and conditions which apply to visits by our technicians to your home or premises to supply maintenance and repair services for your Franke products.
1.2 These terms apply to services provided for products which are In Warranty as well as those which are Out of Warranty, please see clause 3 below for further details of what constitute In Warranty Products and Out of Warranty Products. Please read these terms carefully before you submit your order for the services to us. These terms tell you who we are, how we provide our services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any questions or think that there is a mistake in these terms or require any changes, please contact us to discuss.
1.3 In some areas you will have different rights under these terms depending on whether you are a business or a consumer. You are a consumer if:
1.3.1 you are an individual;
1.3.2 you have bought products from us wholly or mainly for your personal use (not for or in connection with your trade, business, craft or profession)
1.4 If you are a business customer these terms constitute the entire agreement between us in relation to the services. Other than any Warranty we have expressly given you in respect of your Franke products (see clause 3.1 below), you acknowledge that you have not relied on any statement, promise, representation, assurance made or given by or on behalf of us in connection with the products or services which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Franke UK Limited incorporated and registered in Scotland with company number SC126669 and our registered office is at West Carron Works Stenhouse Road, Carron, Falkirk, Scotland, FK2 8DR (Franke)
2.2 You can contact us by telephoning our customer service team at 0161 436 6280 or by emailing us at ks-info.gb@franke.com or by writing to us at Franke UK Limited, MIOC Suite 1, Styal Road, M22 5WB.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 When we use the words "writing" or "written" in these terms, this includes emails.
3. WARRANTIES
3.1 Under our terms of sale, we often give warranties in respect of our products (Warranty or Warranties). These Warranties vary by product category and the terms of each are stated in our brochure and on the Franke UK website, see www.franke.co.uk/guarantee. Under the terms of some of the Warranties, if all terms of the warranty have been adhered to, the supply of maintenance and repair services may be available to customers without any further charge for a certain period of time known as the warranty period (these are In Warranty Products).
3.2 Products are out of warranty where:
3.2.1 a Warranty period has expired;
3.2.2 the product is sold without Warranty;
3.2.3 a Warranty is invalidated due the occurrence of circumstances specified under the terms of the Warranty (see www.franke.co.uk/guarantee); or
3.2.4 the fault or damage to the product is not covered by the terms of the Warranty,
for the purpose of these terms and conditions these are known as Out of Warranty Products.
3.3 You will be charged in accordance with clause 13 for the maintenance and repair services for Out of Warranty Products.
4. OUR CONTRACT WITH YOU
4.1 Our acceptance of your order for the services will take place when we tell you that we are able to provide the services. We will also confirm this in writing to you. Once we issue this written confirmation a contract will come into existence between you and us for the provision of the services.
4.2 Where you place an order for maintenance and / or repair services for Out of Warranty Products, we will inform you as soon as possible if we are unable to accept your order and we will refund any initial call out fee that you have paid on placing your order (see clause 13 below). Where your products are In Warranty Products, your order will always be accepted and the service supplied in accordance with the terms of the Warranty.
4.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about the services.
5. YOUR RIGHTS TO MAKE CHANGES
If, after placing your order for the services, you wish to make a change, or request additional services please contact us. We will let you know if the change is possible. If it is possible, we will inform you whether these changes are included in the terms of your Warranty (if products are In Warranty Products), about any impact on the price of the services, the timing of supply and anything else necessary as a result of your requested change. Based on this information we will ask you to confirm whether you wish to go ahead with the change to the scope of the services.
6. OUR RIGHTS TO MAKE CHANGES
6.1 We may change the services:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and / or
6.1.2 to implement minor technical adjustments and improvements. These changes should not affect your use of the product
6.2 From time to time we may make changes to these terms or the services, but if we do so we will notify you, in this case, and you may then contact us to end the contract before the changes take effect and receive a refund (that is, if you have paid the initial call out fee in accordance with clause 13.2 but do not wish to proceed with the services because of the changes we have made).
7. TIME FOR PROVIDING THE SERVICES
7.1 We will use reasonable endeavours to provide the services to you on the date and at the time agreed between us and as confirmed in our written acceptance of your order. This will be during our normal business hours which are 9a.m. to 5p.m. Monday to Thursday and 9a.m. to 4p.m. on Friday. We may be able to work outside our normal business hours at an additional charge and by prior arrangement with us.
7.2 From time to time we may need to change the date or time for the performance of the services and where this is the case we will notify you as soon as possible and agree a different date or time. We will take steps to minimise the effect any delay has on you. Provided we do this, we will not incur any liability.
8. YOUR RESPONSIBILITIES
8.1 You must ensure that our technician can gain access to your property and has clear and safe access to work on the product or component, as described in our product’s installation instructions and provide us with a supply of mains electricity and / or water. If we incur additional work or expense as a result of your failure to provide us with clear access, mains electricity and / or water, we may charge you a reasonable amount for the additional work undertaken, or expense incurred, whether the call out is in respect of an In Warranty Product or an Out of Warranty Product.
8.2 If you are a tenant you may need your landlord’s permission to allow us to carry out the services at your property. If the property is a listed building you may also require planning permission for us to undertake the services. It is your responsibility to ensure that you have the appropriate permissions in place for us to carry out the services at your premises and we accept no responsibility for any failure to do so.
8.3 You must provide adequate parking for the technician and inform us and our technician in advance of the appointment about anything which may present a hazard or danger to anyone carrying out the services at your property.
8.4 You must have all appropriate insurances in place for the services being undertaken at your property.
8.5 We reserve the right to cancel or abort an appointment to provide the services, and at our discretion terminate the contract, in the event:
8.5.1 legal parking is not available;
8.5.2 our technician is unable to obtain clear and safe access to the property, product or component; or
8.5.3 if we have reason to believe that the safety of our technician is compromised in any way,
and where the appointment relates to an Out of Warranty Product we shall retain the initial call-out fee that you have paid in accordance with clause 13.
8.6 Where a cancelled or aborted appointment relates to an In Warranty Product, no fee will be payable and we will endeavour to re-perform the services on another occasion agreed with you. If however, on a further attempt to perform the services we are forced to cancel or abort the appointment again for one of the reasons set out in clause 8.5, we shall have no obligation to attempt further performance of the services within the terms of the Warranty. In such circumstances any further appointments will be charged as if the appointment is in connection with an Out of Warranty Product.
9 CHARGEABLE FIELD SERVICE VISITS - YOUR RIGHTS TO END THE CONTRACT AND CANCEL THE SERVICES
9.1 Where the contract relates to the provision of services in connection with a Chargeable Field Service Visit or Maintenance Service, you may contact us any time before the performance of the services to end the contract. In some circumstances we may charge you a sum for doing so, as described in clause 9.3 below.
9.2 If you are cancelling the services for a reason set out in 9.2.1 to 9.2.4 the contract will end immediately and where you have already paid the initial call out fee this will be refunded. The relevant reasons are:
9.2.1 we have told you about an upcoming change to the services or these terms which you do not agree to;
9.2.2 we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
9.2.3 there is a risk that the services might be significantly delayed (due to our fault);
9.2.4 you have the legal right to end the contract because of something we’ve done wrong
9.3 If you are cancelling the services other than for one of the reasons set out in clause 9.2, the contract will end and we will retain:
9.3.1 50% of the initial call out fee if you cancel the services on giving us 1 to 3 working days’ notice;
9.3.2 100% of the initial call out fee if you cancel the services on the day the service call is scheduled
9.4 We will reimburse the initial call out fee in full if you cancel the services on giving us 7 or more working days’ notice.
9.5 The Maintenance Service is a chargeable yearly service package offered by Franke in addition to any standard Warranty or Chargeable Service Calls outlined in this document. The Maintenance Service Package includes the following: yearly visit by a Franke technician and fitting of replacement filter relevant to the system, checking of PRV and M-box (where applicable), servicing the tap including replacing O-rings, valves and aerator when required, health check of the boiling water tank, checking of water pressure and overall installation. Full details via the following link: central-servicesuk.co.uk/maintenance
9.5.1 One additional free of charge visit to replace the boiling and/or mixer valve yearly if required.
9.5.2 In addition to the above service, customers that have taken out the Maintenance Service receive unlimited call outs at a preferential rate and to be scheduled within 7 working days of contacting the Franke at ks-fieldservice.gb@Franke.com
9.5.3 A systems upgrade at a discounted rate can be requested 7 years after the purchase date of the original system with an installation fee of £99.
10. HOW TO END THE CONTRACT / CANCEL THE SERVICES WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND) CONTRACT AND CANCEL THE SERVICES
10.1 To end the contract with us, please let us know by doing one of the following:
10.1.1 call customer services on 0161 436 6280 or email us at ks-fieldservice.gb@franke.com. Please provide your name, home address, details of the order, order number and, where available, your phone number and email address;
10.1.2 write to us at Franke UK Limited, MIOC Suite 1, Styal Road, M22 5WB, including details of your product, the services you requested, your order number and your name and address
11. OUR RIGHTS TO END THE CONTRACT AND CANCEL THE SERVICES
11.1 We may cancel the services for any reason and we will notify you in writing if we do so. Other than where we cancel the services for a reason set out in clause 11.2, we will reimburse you for any service you have paid for but not received, including any initial call out fee paid in respect of such services.
11.2 We may end the contract for services at any time by writing to you if:
11.2.1 you do not make any payment to us when it is due and you still do not make payment within 24hrs of the scheduled day for the service call; or
11.2.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, the address at which the services are to be provided; or
11.2.3 you do not, within a reasonable time, allow us access to your premises to supply the services; or
11.2.4 one of the situations set out in clause 8.5 arises; and
in such circumstances, we will not refund any initial call out fee paid. This is without prejudice to any other legal right or remedy which may be available to us including our right to seek compensation or damages for breach of contract.
12. OUR GUARANTEE AND YOUR RIGHTS
12.1 If you have any questions or complaints about the services, please contact us. You can contact us by telephoning our customer service team on 0161 436 6280 or emailing us at ks-info.gb@franke.com.
12.2 If you are a consumer please visit the Citizen’s Advice website www.adviceguide.org.uk or call 03454 040506 for guidance on your consumer rights. Usually, on the very rare occasion if there is a problem with the services we have provided, you can request that we repeat or fix the service if it has not been carried out with reasonable care and skill, or request some money back if we can’t fix it.
12.3 We offer the following goodwill guarantee in respect of the services which is in addition to your legal rights set out in clause 12.2 above. In the unlikely event that our services are not performed with due skill and care:
12.3.1 if re-performance of the services is impossible or cannot be done within a reasonable time or without significant inconvenience to you, we will refund the price you have paid for the services including the initial call out fee;
12.3.2 in all other circumstances we will use every effort to re-perform the services free of charge, without significant inconvenience to you, as soon as we reasonably can, and in any event within 4 weeks. If we fail to re-perform the services by this deadline we will refund any costs you have paid for the services including the initial call out fee.
12.4 All labour provided whilst performing the services under this contract is guaranteed for 90 calendar days from the date of completion of the services, provided that our guarantee will not apply where faults or damage to the products are caused wholly or in part by your (or any other person’s) misuse or neglect of the products and materials, or as a result of fair wear and tear.
12.5 Any parts fitted during the services provided by our technicians during a call for an In Warranty Product are guaranteed for 1 calendar year against defective workmanship and components, or the remainder of the Warranty period whichever is the shorter.
12.6 Any replacement products supplied during a call for an Out of Warranty Product are subject to the standard Warranty terms for that product which can be found at www.franke.co.uk/guarantee.
13. PRICE AND PAYMENT
In Warranty Products
13.1 Where the services ordered relate to an In Warranty Product, and if the relevant services are covered by the terms of the applicable Warranty, there will be no initial call out fee and no charge for services supplied. If the relevant services are not covered, then the services will be charged at the relevant rate (under clause 13.2).
Chargeable Products
13.2 Where the services ordered relate to an Out of Warranty or Chargeable Product you will be required to pay:
13.2.1 our standard initial call out fee at the then applicable rate. The initial fee will be payable immediately upon placing your order for the services regardless of whether you go ahead with the substantive services (under clause 13.3 and 13.4); and
13.2.2 charges for the services rendered (comprising the cost of time spent by the technician and any parts required for the services).
13.3 At the services appointment for an Out of Warranty Product, our technician will examine the product and provide you with a quotation for the services. This quotation will be based on the time that they expect to spend performing the services and the cost of any parts required. After the technician has given you the quotation it will be your decision whether you want the technician to carry on and perform the services. If, whilst performing the services, it becomes apparent to the technician that the product will take longer to repair or maintain or require further parts and thus involve further cost to you, they will inform you immediately, explaining the reasons for the further costs and ask you to approve such costs before they are incurred.
13.4 In the event that, in the reasonable view of our technician, your product is beyond economical repair, the technician will inform you of this and advise you accordingly about the suitable options available to you.
13.5 Except for the standard initial call out fee which is payable at the time of order, payment is due immediately upon completion of the services. Payment can be taken on site, or over the telephone with Franke customer services. Please note that we do not accept payment by American Express. You will be sent an electronic invoice and receipt for payment from us after payment has been made.
13.6 If you do not make payment in accordance with clause 13.5, we may charge our costs of recovering the money and interest to you on the overdue amount at a rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. Where you dispute the invoice in good faith, interest will not be applied on the overdue amount until such dispute is resolved whereby interest shall be payable from the date on which the dispute was resolved until the date of actual payment. You must pay the interest together with any overdue amount.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
14.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.2.
14.3 If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services nor are we responsible for cleaning. If damage is caused to your property to complete a repair, we will fill any holes and leave the surface level but will not replace the original surface or construction. Any redecoration or repair of damage that may be needed following our work is your responsibility, unless we have been negligent.
14.4 We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 15.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
15.1 Nothing in these terms shall limit or exclude our liability for:
15.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
15.1.2 fraud or fraudulent misrepresentation;
15.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
15.2 The provisions of clause 14.3 shall also apply if you are a business customer.
15.3 All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded to the fullest extent possible.
15.4 Subject to clause 15.1:
15.4.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:
15.4.1.1 loss of profit;
15.4.1.2 loss of goodwill;
15.4.1.3 loss of anticipated savings;
15.4.1.4 loss of sales or business; or
15.4.1.5 any indirect or consequential loss,
arising under or in connection with any contract between us; and
15.4.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total sums paid by you for the services provided under this contract.
15.5 We will not be responsible for our failure to meet any of our obligations under this contract because of circumstances beyond our control.
16. YOUR PERSONAL INFORMATION
16.1 We will only use your personal information as set out in our privacy policy Privacy Policy.
17. OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under these terms to another organisation. In particular, whilst we endeavour to provide a Franke UK technician to perform the services, we reserve the right to engage a suitably qualified third party subcontractor to perform the services under this contract.
17.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer the benefit of our goodwill guarantee (see clause 12) and Warranty to a person who acquires your product or, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee or Warranty is transferred to provide reasonable evidence that they are now the owner of the relevant product or property, for example by production of an itemised receipt detailing that the product was purchased and the date of the purchase. For the avoidance of doubt, purchasing a property where a product is installed does not constitute automatic transfer of a Warranty and we still require proof of the original purchase of the product.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 17.2 in respect of our guarantee or Warranty. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
17.4 Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
17.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you fail to make a payment when dues and we do not chase you, we can still require you to make the payment at a later date.
17.6 These terms are governed the law of England and Wales and you can bring legal proceedings in respect of the products in the English or Welsh courts only. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts only. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts only.