Terms of service

KOZA Projects – Terms & Conditions

(ITIR Limited trading as KOZA Projects)

1. Definitions

1.1 “Company” / “We” / “Us” means ITIR Limited trading as KOZA Projects.

1.2 “Client” / “You” means the person, firm, or company placing an Order with the Company.

1.3 “Goods” means all products and materials supplied by the Company, including but not limited to blinds, curtains, tracks, poles, fabrics, and accessories.

1.4 “Services” means all services provided by the Company, including but not limited to consultation, measurement, installation, programming, and aftercare.

1.5 “Order” means a confirmed request by the Client for the Company to supply Goods and/or Services, subject to these Terms & Conditions.

1.6 “Bespoke Goods” means all Goods custom-made to the Client’s specifications, including (but not limited to) made-to-measure blinds, curtains, tracks, poles, and any Goods cut, altered, or produced specifically for the Client.

 

2. Orders & Information

2.1 To process an Order accurately, the Client must provide complete and correct details, including:
- Contact details, quotation reference number, and full specifications.
- Fabric and trim details (including swatches) where supplied by the Client.
- Accurate finished measurements and drawings for special requirements.

 

2.2 Client-supplied fabrics:
- The Client is responsible for specifying correct orientation and usability.
- All fabrics must be clearly labelled and supplied on tubes (one fabric per roll).
- The Company is not responsible for flaws, suitability, or performance of Client-supplied fabrics.

2.3 Fabric handling fees:
- £5 per linear metre for standard-width fabrics.
- £10 per linear metre for double-width fabrics (200cm or wider).
- Additional surcharges may apply for off-grain, difficult fabrics, or multiple small pieces.

This reflects the additional labour and risks involved when handling Client-supplied fabrics. Where the Company supplies fabrics, these fees do not apply, as sourcing directly allows us to manage quality, stock, and delivery more efficiently.

2.4 Orders and amendments must be made in writing (email is sufficient). A maximum of two amendments will be accepted. Changes after production starts may incur charges of up to 50% of the affected item value and cause delays.

2.5 Completion dates cannot be confirmed until all components (including fabrics, trims, fittings, and motors) have been received.

3. Consultations & Measurements

3.1 Consultation/measurement services are chargeable. Fees are credited only if an Order is placed for the same property.

3.2 All measurements taken remain the property of the Company and will not be released unless an Order is placed.

3.3 The Company is not responsible for errors where Clients provide their own measurements.

3.4 The Client is responsible for ensuring site conditions remain unchanged after measurements are taken.

3.5 Reattendance fees:
- £195 (inc. VAT) within London.
- £295 – £495 (inc. VAT) outside London, depending on location.
- Additional costs such as parking, congestion, or travel apply.

4. Pricing & Variations

4.1 Prices are based on supplier rates and material costs available at the time of quotation.

4.2 Quotations are valid for 30 days from the date issued, unless otherwise stated.

4.3 Quoted prices are fixed once the deposit has been received.
- For projects with a lead time exceeding 3 months, if supplier costs increase by more than 5%, the Company reserves the right to adjust prices. Any adjustments will be notified to the Client in writing before proceeding.

5. Fabrics & Materials

5.1 The Company is not responsible for flaws in fabrics. If flaws cannot be cut around, the Client will be notified, which may delay the project.

5.2 The Company is not responsible for shrinkage or movement in fabrics caused by steaming, humidity, or environmental conditions.

5.3 Fabric suitability is the Client’s responsibility (or that of their designer/architect). Where the Company supplies fabrics/trims, advice is given in good faith, but the Client remains responsible for the final selection.

5.4 The Company is not responsible for future fabric/trimming behaviour, including stretching, shrinking, fading, staining, or wear and tear. Issues must be raised with the manufacturer. The Company will assist in liaising with suppliers if required.

5.5 Pattern matching in woven or printed fabrics cannot always be guaranteed.

5.6 Surcharges apply for Orders requiring multiple small fabric pieces or complex trims.

5.7 Tolerances & variations:
- ±3mm size tolerance is acceptable.
- Shade and texture variations may occur between batches or compared to samples.
- Natural characteristics such as slubs, weave differences, or irregularities are not defects.

5.8 The Company is not responsible if a fabric, trim, or component is discontinued by a supplier before or during production. Clients must choose an alternative, which may result in additional costs/delays.

6. Delivery & Installation

6.1 Delivery/installation dates are estimates only. The Company is not liable for delays caused by suppliers, site readiness, or events beyond its control.

6.2 Substantial completion means installation is complete and the Goods are usable, even if minor snagging remains.

6.3 Balance payments:
- Balance is due on completion of installation.
- The Client may not withhold payment due to snagging, minor defects, or adjustments.
- Where items are genuinely delayed, the Client may withhold only the value proportionate to those items.

6.4 Client responsibilities:
- Ensure the site is safe, accessible, and ready for installation.
- Clear the installation area of obstructions and fragile items.
- Provide power for tools and motorised products.
- Provide scaffolding or access equipment if required. If not provided, the Company may arrange it and recharge the cost to the Client.
- The Company reserves the right to postpone or refuse installation where conditions are unsafe or unsuitable. Any resulting delays, costs, or reattendance fees will be the Client’s responsibility.

6.5 Storage fees:
- Orders under £10,000 → £100 per week.
- Orders over £10,000 → 1% of the Order value per week.
Goods stored remain under the Company’s protection, which includes handling, insurance, and administrative costs. Risk passes to the Client once Goods are ready, even if stored.

6.6 Risk & ownership: Risk passes to the Client at delivery/installation. Ownership remains with the Company until payment is received in full.

6.7 Partial completion: The Company may deliver/install in stages. The Client will be invoiced proportionally for completed stages.

7. Electrical & Third-Party Services

7.1 The Client is responsible for ensuring that any electrical supply or wiring required for motorised products is carried out by a qualified electrician, unless otherwise agreed in writing.

7.2 The Company is not liable for faults, delays, or costs arising from inadequate or incorrect electrical work carried out by others.

7.3 Where the Company coordinates with third-party contractors (such as electricians, builders, or decorators), the Client remains responsible for the performance of those contractors.

7.4 The Company is not liable for any damage, delays, or additional costs caused by third-party works.

8. Payments & Deposits

8.1 Deposits:
- Orders up to £50,000 → 50% deposit.
- Orders over £50,000 → 75% deposit.
- Deposits are non-refundable once materials are ordered or production begins.

8.2 Balance:
- Orders up to £50,000 → 50% on completion.
- Orders over £50,000 → 25% on completion.

8.3 Clients cannot withhold balance for snagging, minor defects, or adjustments. Only undelivered items may be withheld proportionately. Contractual retentions (e.g. holding back a percentage of the Order value for a set period) are not permitted.

8.4 For partial/staged completions, invoicing will reflect delivered/installed value.

8.5 Interest on overdue balances: 8% above Bank of England base rate, plus recovery costs.

8.6 Payment methods: bank transfer, card, cheque, or cash (processed once cleared).

8.7 Retention of title: Ownership of Goods remains with the Company until full payment is received.

8.8 Recovery costs: Clients are liable for all legal and collection costs in case of non-payment.

9. Cancellations & Returns

9.1 All Goods are bespoke and non-cancellable once confirmed.

9.2 Deposits are non-refundable once production begins or materials are ordered.

9.3 Returns are not accepted, except where Goods are defective and cannot be repaired/remade.

9.4 Where the Client supplies fabrics/trims, all responsibility for performance rests with the Client.

9.5 Client-requested changes after production has started may incur charges of up to 50% of the affected item value.

9.6 If a Client cancels or pauses a project after production has started, the Client remains liable for all costs incurred (materials, labour, subcontractors, etc.).

 

10. Defects, Warranties & Tolerances

10.1 Visible defects must be reported within 5 working days of installation. Functional defects follow the manufacturer’s warranty period.

10.2 The Company’s obligation is to repair or remake. Refunds are only considered if this is impossible.

10.3 Liability is limited to the defective item(s), not the full Order.

10.4 Exclusions: Client-supplied materials, misuse, wear and tear, third-party alterations, or environmental conditions.

10.5 Tolerances: ±3mm in size, natural fabric variations, and shade differences are not defects.

10.6 Call-out fees apply where faults are not caused by the Company:
- £195 (inc. VAT) within London.
- £295 – £495 (inc. VAT) outside London.
- Additional charges apply for longer repairs or reattendance. No call-out fee will apply where the issue is caused by the Company’s workmanship or materials.

10.7 The Company is not liable for defects caused by third-party contractors.

10.8 Fixings & surfaces: The Company will take reasonable care when installing Goods, but is not liable for failures caused by unsuitable or defective surfaces (e.g. weak plaster, voids, or hidden defects). Where specialist fixings, reinforcement, or alternative methods are required, additional costs will apply.

10.9 Care & Maintenance: The Company will provide guidance on the correct use and care of Goods supplied. The Client is responsible for following this guidance, and the Company is not liable for faults, damage, or wear arising from misuse, neglect, improper cleaning, or failure to follow care instructions.

11. Liability & Indemnity

11.1 The Company’s liability is limited strictly to the value of the specific defective item(s). The Company does not accept liability for indirect or consequential costs, such as redecoration, project delays, or third-party charges, which fall outside its control.

11.2 Remedy = repair/remake first. Refunds only if repair/remake impossible.

11.3 The Client indemnifies the Company against losses or claims caused by Client instructions, unsuitable materials, third-party damage, or poor site preparation.

11.4 Advice given by the Company is in good faith; suitability remains the Client’s responsibility.

11.5 Nothing excludes liability for death, personal injury, fraud, or matters that cannot legally be excluded.

 

12. Insurance

12.1 The Company maintains appropriate levels of insurance, including public liability and (where applicable) professional indemnity cover.

12.2 The Client is responsible for ensuring their own property and site are adequately insured against risks including accidental damage, theft, fire, flood, and third-party works.

12.3 While the Company takes care during installation and carries full public liability insurance, the Client remains responsible for insuring their property and site against general risks (such as theft, fire, flood, or damage caused by third-party works) that fall outside the Company’s reasonable control.

13. Intellectual Property

13.1 All designs, drawings, specifications, and consultation advice remain the property of the Company until paid in full.

13.2 Clients may not reproduce or share Company materials without written consent.

13.3 If an Order is not placed, all intellectual property rights remain with the Company.

13.4 Unauthorised use of the Company’s intellectual property entitles the Company to seek legal remedies.

14. Subcontracting

14.1 The Company may subcontract part or all of an Order.

14.2 The Company remains responsible for subcontracted work.

14.3 Subcontracting is not a valid reason for withholding payment.

15. Force Majeure

15.1 The Company is not liable for delays caused by events beyond its control, including extreme weather, strikes, supplier delays, pandemics, etc.

15.2 In such cases, the Company may extend deadlines or cancel the Order without liability.

15.3 Clients are not entitled to compensation for losses caused by Force Majeure events.

 

16. Jurisdiction & Governing Law

16.1 These Terms & Conditions are governed by the laws of England and Wales.

16.2 The courts of England and Wales have exclusive jurisdiction over any dispute.