These conditions shall apply to the Contract for the supply of goods and/or services by the supplier – “Livet Design LLC.” DBA “Heather Bentley Design", to the person to whom they are supplied, to the exclusion of all other terms and conditions including any terms and conditions which the Client may purport to apply under any purchase order confirmation or order of similar document.
1) In performing professional services, Livet Design DBA Heather Bentley Design shall exercise reasonable care and competence and shall carry out its duties in a professional manner.
2) Any agreement between the Client and Livet Design DBA Heather Bentley Design, and any dispute arising from that agreement will be governed by the Laws of Texas and the United States and any action resulting shall take place in the courts of Texas and the United States
3)The Client shall comply with his/her obligations under the Construction (Design and Management)regulations, including the appointment of a competent contractor when specified. The Interior Designer shall also comply with the Construction (Design and Management) Regulations where applicable.
4) The Client will supply all necessary information and give all necessary approvals/decisions to the Interior Designer for the proper and timely execution of the Project. If instructions are not forth-coming the Interior Designer cannot be held responsible for ensuing delays.
5)The Client will appoint and reimburse for the services of any other consultant as requested by the client. The Interior Designer will not be responsible in any way for the competence and performance of their services. In certain circumstances where Livet Design LLC. DBA Heather Bentley Design employs a specialist or craftsman direct, the Interior Designer will be responsible for the proper execution of their work.
6) The Client shall instruct the making of applications for planning permission and approval under the building acts, building regulations, health and safety regulations and other statutory requirements, and applications for agreement by freeholders or any others concerned with the project and whose permission is required.
7)No right or license is granted under the Contract to the Client under any patent, trademark, copyright, registered design or other intellectual property right except the right to use the goods supplied. In particular the copyright of the Interior Designer in designs supplied remains with the Interior Designer.
8) The Interior Designer shall not be liable for any loss or damage whatsoever arising from termination of appointment. Any such notice shall be given by either the Client or the Interior Designer in writing.
9) Times and dates quoted for delivery of goods or materials or completion of any work are to be treated as an approximate estimate based on current trading conditions and the Interior Designer shall not be held responsible for delays outside its control.
10)The Interior Designer will not be held responsible for client’s goods left at the premises of the Interior Designer or his suppliers for whatever reason. Clients are responsible for the insurance of their own goods with their own insurance company.
11) Special custom made items cannot be cancelled once manufacturing has commenced. Payment for all such items is in full in advance. Standard items might be subject to a cancellation charge from the manufacturer or supplier if cancelled.
12) All goods remain the property of Heather Bentley Design until paid in full. Goods may not be rejected for any reason other than that they are defective.