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Purely Shutters Terms and Conditions

These Terms

These are the terms and conditions on which we supply products to you, whether these are goods and/or services. Please read these terms carefully before your order is processed. These terms explain who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem or other important information.

About us and How To Contact Us

We are Purely Shutters Ltd registered in England and Wales. Our Company registration number is 7255833 and our registered address is Unit 8M Maybrook Business Park, Maybrook Road, Minworth, B76 1AL. Our registered VAT number is 993 0816 91.

You can contact us by telephoning 0800 038 5311 or by emailing us at info@purelyshutters.co.uk or in writing to the address above. 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.

Consumer Contracts

The Terms of business for consumer contracts will be in accordance with statutory rights provided by the Sale of Goods Act 1979 (as amended) or Supply of Goods and Services Act 1982 and The Consumer Protection (Distance Selling) Regulations 2000 where appropriate.

Cancellation Rights for Purchase of Shutters

  1. 1. You have the right to cancel this order within seven working days beginning the day after the day on which you signed the contract or paid your deposit for the purchase of shutters.
  2. 2. If you wish to cancel this contract you must indicate this in writing or another durable medium such as letter, email (Purely Shutters Ltd., Unit 8M Maybrook Business Park, Minworth, Sutton Coldfield, B76 1AL info@purelyshutters.co.uk) within the cancellation period.

Business Contracts

  1. 1. Application Of Conditions

    1. 1.1 The Supplier shall supply and the Customer shall purchase the Goods and Services in accordance with the Customer Order Form and with the Sales Order Confirmation which are subject to these Conditions.
    2. 1.2 These Terms work in conjunction with the Terms detailed on the reverse of your Customer Order Form.
    3. 1.3 The Contract shall be to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Customer.
  2. 2. Definitions And Interpretation

      1. 2.1 In these Conditions:
    “Business Day”means any day other than a Saturday, Sunday or bank holiday;
    “Commencement Date”means the commencement date for this agreement as set out in the Sales Order Confirmation.
    “the Contract”means the contract for the purchase and sale of the Goods and supply of the Services under these conditions;
    “these Conditions”means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Customer and the Supplier;
    “the Customer”means the person who accepts a quotation or offer of the Supplier for the sale of the Goods and supply of the Services, or whose order for the Goods and Services is accepted by the Supplier;
    “the Customer Order Form”means the Order Form left with you by your Surveyor at your Home Survey or sent electronically to you for your approval and contains details of the products you wish us to supply and fit;
    “the Delivery Date”means the goods (including any instalment of the goods or any parts for them) which the Supplier is to supply in accordance with these Conditions;
    “the Goods”means the goods (including any instalment of the goods or any parts for them) which the Supplier is to supply in accordance with these Conditions;
    “month”means a calendar month;
    “the Sales Order
    Confirmation”
    means the Services to be provided to the Customer as set out in the Sales Order Confirmation.
    “the Services”means the Confirmation sent to you by us confirming receipt of your deposit and details of the Order placed with us.
    “the Supplier”means Purely Shutters Ltd, a company registered in England no 7255833
    “writing”includes any communications effected by telex, facsimile transmission, electronic mail or any comparable means.
    1. 2.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
    2. 2.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
  3. 3. Basis of Sale and Service

    1. 3.1 The Supplier’s employees or agents are not authorised to make any representations concerning the Goods and Services unless confirmed by the Supplier in writing. In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
    2. 3.2 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Customer and the Supplier.
    3. 3.3 Sales literature, price lists and other documents issued by the Supplier in relation to the Goods and Services are subject to alteration without notice and do not constitute offers to sell the Goods which are capable of acceptance. An order placed by the Customer may not be withdrawn cancelled or altered prior to acceptance by the Supplier and no contract for the sale of the Goods and Services shall be binding on the Supplier unless the Supplier has issued a quotation which is expressed to be an offer to sell the goods and services or has accepted an order placed by the Customer by whichever is the earlier of:-
      1. 3.3.1 the Supplier’s written acceptance;
      2. 3.3.2 delivery of the Goods; or
      3. 3.3.3 the Supplier’s invoice (Sales Order Confirmation).
    4. 3.4 Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Supplier shall be subject to correction without any liability on the part of the Supplier.
  4. 4. The Goods

    1. 4.1 No order submitted by the Customer shall be deemed to be accepted by the Supplier unless and until confirmed in writing by the Supplier’s authorised representative.
    2. 4.2 The specification for the Goods shall be those set out in the Supplier’s sales documentation unless varied expressly in the Customer’s order (if accepted by the Supplier). [The Goods will only be supplied in the minimum units (or multiples) stated in the Supplier’s price list or in multiples of the sales outer as specified. Orders received for quantities other than these will be adjusted accordingly, illustrations, photographs or descriptions whether in catalogues, brochures, price lists or other documents issued by the Supplier are intended as a guide only and shall not be binding on the Supplier.]
    3. 4.3 The Supplier reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to the Supplier’s specification, which do not materially affect their quality or performance.
    4. 4.4 No order which has been accepted by the Supplier may be cancelled by the Customer except with the agreement in writing of the Supplier on the terms that the Customer shall indemnify the Supplier in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Supplier as a result of cancellation.
  5. 5. The Survey Process

    1. 5.1 The survey process will require you to approve the final design of the product(s) you have ordered. By signing our Customer Order Form (electronically and/or paper) or by agreeing to the specification on the Customer Order Form left with you by email or text , you are agreeing to the specification of the product(s) ordered and authorising us to manufacture the products (s) to this specification. No verbal representation will be relied upon and it is the Customer Order Form only that details the specification of the products and services. By agreeing to the specification, the order cannot be changed after this point.
    2. 5.2 You agree that whoever you arrange to attend the survey on your behalf and sign the Customer Order Form will be acting as your agent and their authorisation of the specification of the products(s) ordered will be binding upon you.
    3. 5.3 The product(s) supplied by us to you will correspond with the Customer Order Form.
  6. 6. The Services

    1. 6.1 With effect from the Commencement Date the Supplier shall, in consideration of the Fees being paid in accordance with the Terms of Payment will provide the services expressly identified in the Sales Order Confirmation or otherwise agreed under this agreement.
    2. 6.2 The Supplier will use reasonable care and skill to perform the services identified in the Sales Order Confirmation or otherwise agreed under this agreement.
    3. 6.3 The Supplier shall use all reasonable endeavours to complete its obligations under the Schedule, but time will not be of the essence in the performance of these obligations.
  7. 7. Price

    1. 7.1 The price of the Goods and Services shall be the price listed in Sales Order Confirmation current at the date of acceptance of the Customer’s order or such other price as may be agreed in writing by the Supplier and the Customer.
    2. Where the Supplier has quoted a price for the Goods other than in accordance with the Supplier’s published price list the price quoted shall be valid for 5 days only or such lesser time as the Supplier may specify.
    3. 7.2 The Supplier reserves the right, by giving notice to the Customer at any time before delivery, to increase the price of the Goods and Services to reflect any increase in the cost to the Supplier which is due to any factor beyond the control of the Supplier (such as, without limitation, any foreign exchange fluctuation currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods and services which are requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate information or instructions.
    4. 7.3 Except as otherwise stated under the terms of any Sales Order Confirmation or in any price list of the Supplier, and unless otherwise agreed in writing between the Customer and the Supplier, all prices are inclusive of the Supplier’s charges for packaging and transport as specified in the Sales Order Confirmation.
    5. 7.4 The price is inclusive of any applicable value added tax excise, sales or taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Goods and Services.
    6. 7.5 There is no minimum order. There is a minimum fitting charge which is included on our Websites quick quote facility.
  8. 8. Payment

    1. 8.1 All payments are required to be made as follows: 50% at time of order and the remaining balance on completion of the installation/or delivery as per the Sales order Confirmation.
    2. 8.2 The time of payment shall be of the essence of these terms and conditions. If the Customer fails to make any payment on the due date in respect of the price or any other sum due under these terms and conditions then the Supplier shall, without prejudice to any right which the Supplier may have pursuant to any statutory provision in force from time to time, have the right to charge the Customer interest on a daily basis at an annual rate equal to the aggregate of 2.5 per cent and the base rate of HSBC from time to time on any sum due and not paid on the due date. Such interest shall be calculated cumulatively on a daily basis and shall run from day to day and accrue after as well as before any judgement.
    3. 8.3 All payments shall be made to the Supplier as indicated on the form of acceptance or invoice issued by the Supplier.
  9. 9. Delivery And Performance

    1. 9.1 Delivery of the Goods shall be made by the Supplier delivering the Goods to the place in the United Kingdom specified in the Sales Order Confirmation.
    2. 9.2 Any delivery or supply date or time specified by us in the Customer Order Form or the Sales Order Confirmation is an estimated only and we will not be liable to you for any loss sustained by you if we fail to meet that timescale because of circumstances beyond our reasonable control (including, for the avoidance of doubt and without limitation, any loss of income or revenue, loss of business, loss of anticipated savings, loss of data or any waste of time related to a cancelled installation appointment). All of our products are made-to-measure and may have extended manufacturing and/or delivery periods. The estimated delivery date will be agreed with you at the time of order.
    3. 9.3 In order to ensure safe working practices it is a condition of these terms that the area in which the works are to be carried out is cleared of, without limitation, pets, plants, furniture, breakable items and household residents.
    4. 9.4 The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Supplier in writing. The Goods may be delivered by the Supplier in advance of the Delivery Date upon giving reasonable notice to the Customer.
    5. 9.5 If the Customer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, the Supplier shall be entitled upon given written notice to the Customer to store or arrange for the storage of the Goods and then notwithstanding the provision of Condition 10.1of these Conditions risk in the Goods shall pass to the Customer, delivery shall be deemed to have taken place and the Customer shall pay to the Supplier all costs and expenses including storage and insurance charges arising from such failure.
    6. 9.6 With effect from the Commencement Date the Supplier shall, in consideration of the amount(s) being paid in accordance with the Sales Order Confirmation, provide the services expressly identified in the Sales Order Confirmation or otherwise agreed under this agreement in writing.
  10. 10. Risk and Retention of Title

    1. 10.1 Risk of damage to or loss of the Goods shall pass to the Customer at:
      1. 10.1.1 in the case of Goods to be delivered at the Supplier’s premises, the time when the Supplier notifies the Customer that the Goods are available for collection;
      2. 10.1.2 in the case of Goods to be delivered otherwise than at the Supplier’s premises, the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when the Supplier has tendered delivery of the Goods; or
      3. 10.1.3 in the case of goods being installed by the Supplier, the time that the Supplier notifies the Customer that the installation will commence.
    2. 10.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, legal and beneficial title of the Goods shall not pass to the Customer until the Supplier has received in cash or cleared funds payment in full of the price of the Goods.
    3. 10.3 [Sub-clause 10.2 notwithstanding, legal and beneficial title of the Goods shall not pass to the Customer until the Supplier has received in cash or cleared funds payment in full of the price of the Goods and any other goods supplied by the Supplier and the Customer has repaid all moneys owed to the Supplier, regardless of how such indebtedness arose.]
    4. 10.4 Until payment has been made to the Supplier in accordance with these Conditions and title in the Goods has passed to the Customer, the Customer shall be in possession of the Goods as bailee for the Supplier and the Customer shall store the Goods separately and in an appropriate environment, shall ensure that they are identifiable as being supplied by the Supplier and shall insure the Goods against all reasonable risks.
    5. 10.5 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Supplier, but if the Customer does so all money owing by the Customer to the Supplier shall (without prejudice to any other right or remedy of the Supplier) forthwith become due and payable.
    6. 10.6 The Supplier reserves the right to repossess any Goods in which the Supplier retains title without notice. In the event of repossession the Customer shall deliver up to the Supplier all Goods in which title has not passed, the cost of which shall be born by the Customer.
    7. 10.7 The Customer’s right to possession of the Goods in which the Supplier maintains legal and beneficial title shall terminate if;
      1. 10.7.1 The Customer commits or permits any material breach of his obligations under these Conditions;
      2. 10.7.2 The Customer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors.
    8. 11. Our Warranty

      1. 11.1 Subject to clauses 11.3 to 11.7 below: (i) we warrant that any goods supplied will correspond with the specification set out in the Customer Order Form at the time of delivery or supply, will be of satisfactory quality and will be fit for the purpose for which they are commonly bought and for the purpose for which they have been designed; and (ii) we warrant that the services supplied will be performed with reasonable skill and care.
      2. 11.2 Subject to clauses 11.3 to 11.7 below, and to the receipt of payment in full for your order: (i) we warrant that, for a period of 3 years from the date of installation, all goods and services supplied will be free from defects in materials and workmanship (always providing that the goods have not been subject to any misuse or modification).
      3. 11.3 Upon notification of a claim in respect of any goods under any of the warranties set out in clause 11.1(i) above we will either arrange with you to examine the goods or request imagery and, if the goods are defective, we shall either repair or replace the defective goods free of any charge for labour or materials (always providing that the goods have not been subject to any misuse or modification). It is possible that goods replacing defective goods under any of the warranties set out in clause 11.1(i) above may no longer exactly match other goods in that order due to fading or changes in product specification. Should this be the case we do not accept any liability to replace nonfaulty product(s) solely to ensure colour match.
      4. 11.4 In order for us to complete any repairs required under any of the warranties set out in clause 11.1 above we will require access to your property at a mutually convenient time. Failure to provide such access within a reasonable time will be deemed a frustration of the contract and our obligations as set out within this clause 11 will cease.
      5. 11.5 Whilst every attempt will be made by us to ensure that the goods supplied match in every respect any samples shown or description given to you, any minor or immaterial variation between sample or description and the goods delivered shall not entitle you to: (i) reject the goods; (ii) withhold or reduce payment of the purchase price; or (iii) claim any compensation for such variation.
      6. 11.6 Whilst all materials supplied by us are rigorously tested, some fading will inevitably occur. However, the performance of the products is unimpaired by any such fading and the warranties set out in clause 11.1 shall apply: (i) in relation to fading or discolouration caused by fair wear and tear; and/or (ii) where the relevant fault or defect has been caused by your misuse and/or neglect of the products and/or by accidents caused while the products are in your possession.
      7. 11.7 The warranties set out in clause 11.1 are for the original purchaser only and are not transferable. Please retain your Sales Order Confirmation to identify your purchase in the unlikely event of needing to claim under any of the warranties set out in clause 11.1 above.
    9. 12. Assignment

      1. 12.1 The Supplier may assign the Contract or any part of it to any person, firm or company.
      2. 12.2 The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Supplier.
    10. 13. Your Legal Rights

      1. 13.1 We are under a legal duty to supply goods and services to you that are in conformity with the contract. Nothing in these terms will affect your legal rights in relation to any non-conformity.
    11. 14. Our Responsibility for Loss or Damage suffered by you

      1. 14.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in the contract excludes or limits our liability for: (i) death or personal injury resulting from our negligence or that of our employees, advisors or installers; (ii) fraud or fraudulent misrepresentation; (iii) breach of your legal rights in relation to the products (including the right to receive products which are as described, of satisfactory quality, fit for purpose, supplied with reasonable skill and care and installed correctly by us); (iv) unsafe products under the Consumer Protection Act 1987; or (v) any other matter in respect of which it is unlawful for us to exclude or restrict liability.
      2. 14.2 If we are providing services in your property, we will do so with reasonable skill and care but will not be held responsible for any redecoration required. 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. In order to install products, holes may be made in the fabric of the structure of your property. Whilst every effort and care will be taken during this procedure, no liability is taken for any unforeseen damage for holes left when products are subsequently removed by you. We do not undertake structural surveys and no liability shall be accepted where damage is caused by existing structural or other defects of your property. It is your responsibility to ensure that the installation of the products does not breach any leasehold, planning regulations or warranties that you may hold.
      3. 14.3 We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
      4. 14.4 We shall not be responsible for any injury, loss, damage, cost or expense suffered by you if and to the extent that it is caused by negligence or wilful misconduct by you or by breach by you of your obligations under the contract.
      5. 14.5 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching the 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 and it was noted on the Customer Order Form.
      6. 14.6 We shall not be liable to you if we are prevented from or delayed in performing any of the obligations that we owe to you under the contract if this is due to any cause beyond our reasonable control, including (without limitation): (i) an act of God, explosion, flood, fire or accident; (ii) war or civil disturbance; (iii) any strike, industrial action or stoppages of work; (iv) any form of government intervention; (v) any third party act or omission; and (vi) any failure by you to give us a correct delivery address or notify us of any change of address.
      7. 14.7 This clause 14 shall survive completion of the contract or the contract ending for any reason.
    12. 15. Your Rights To End The Contract

      1. 15.1 All products are bespoke and made-to-measure to your requirements. As such, they fall into the category of bespoke products under the Consumer Contracts Regulations 2013 and (subject to clauses 15.2 to 15.3 below) you will not therefore be able to cancel your order for any product(s) once placed, provided that this will not affect your legal rights as a consumer in relation to bespoke and made-to-measure products that are faulty or not as described.
      2. 15.2 Notwithstanding clause 15.1 above, we will accept the cancellation of your order once placed as long as your notice of cancellation is received within seven working days starting with the date your order is placed. Our preferred method of cancellation is by email to info@purelyshutters.co.uk or by telephone on 0800 038 5311 to ensure traceability. Your notice of cancellation will be deemed to have been served on and will take effect from the day it is given to us, and any related credit agreement will automatically be cancelled with effect from that date.
      3. 15.3 Cancellation will only be accepted in respect of an individual set of shutters (not the whole order if other parts of the installation are unaffected) and if the issue with our product or service is ‘material’ and not rectifiable within reasonable timescales of 4 weeks of date of original installation or 90 days if a replacement or replacement parts are required.
    13. 16. Our Rights To End The Contract

      1. 16.1 We may end the contract at any time by writing to you if:
        1. 16.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
        2. 16.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the product(s) you have ordered;
        3. 16.1.3 you do not, within a reasonable time, allow us to deliver the product(s) ordered to you; or
        4. 16.1.4 you do not, within a reasonable time, allow us access to your property to supply any services.
      2. 16.2 If we end the contract in any of the situations set out in clause 16.1 above and the manufacturing of the product(s) you have ordered has already started, we will not (due to the product(s) being bespoke and made-to-measure to your requirements) refund any money you have paid in advance for such product(s) and we will also be entitled to further compensation of the outstanding balance of your contract with us less fitting costs at £45 per square metre.
      3. 16.3 We may write to you to let you know that we are going to stop providing any product you have ordered. We will either supply an alternative product or refund in full any sums you have paid in advance for the product which will not be provided.
      4. 16.4 If the contract ends for any reason, all terms of the contract shall cease to have effect, except that any term that can reasonably be inferred as continuing, or is expressly stated to continue, shall continue in full force and effect.
      5. 16.5 The contract ending for any reason shall not affect any accrued rights of you or us.
    14. 17. Communications

      1. 17.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax or sent by electronic mail:
        1. 17.1.1 (in the case of communications to the Supplier) to its registered office or such changed address as shall be notified to the Customer by the Supplier; or
        2. 17.1.2 (in the case of the communications to the Customer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Customer set out in any document which forms part of the Contract or such other address as shall be notified to the Supplier by the Customer.
      2. 17.2 Communications shall be deemed to have been received:
        1. 17.2.1 if sent by pre-paid first class post, two Business Days after posting (exclusive of the day of posting); or
        2. 17.2.2 if delivered by hand, on the day of delivery; or
        3. 17.2.3 if sent by fax or electronic mail on a Business Day prior to 4.00 pm, at the time of transmission and otherwise on the next Business Day.
      3. 17.3 Communications addressed to the Supplier shall be marked for the attention of Mr Kurt Bartlett.
    15. 18. Force Majeure

      1. 18.1 In the event that either party is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, earthquake, strike or lockout (subject to Sub-clause 18.2) the party shall not be deemed to be in breach of its obligations under this Agreement. The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations.
      2. 18.2 Sub-clause 18.1 shall not apply with respect to strikes and lockouts where such action has been induced by the party so incapacitated.
      3. 18.3 Each party shall be liable to pay to the other damages for any breach of this Agreement and all expenses and costs incurred by that party in enforcing its rights under this Agreement.
      4. 18.4 If and when the period of such incapacity exceeds 6 months then this Agreement shall automatically terminate unless the parties first agree otherwise in writing.
    16. 19. Waiver

      1. No waiver by the Supplier of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
    17. 20. Severance

      1. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
    18. 21. Third Party Rights

      1. A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.
    19. 22. Governing Law and Jurisdiction

      1. These terms and conditions shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English and Welsh courts.

“Just to say thank you for such a super job with excellent service. Our Shutters that were fitted are great, the quality of the product are 100% and the workmanship of the fitting was brilliant.”

Mr & Mrs Shardlow, Loscoe, Notts

Our Shutter Ranges

MDF

bi fold patio shutters

Basswood

Shutters for Kitchen

Parasol wood

shaped window shutters

Waterproof

tier on tier shutters

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Purely Shutters is dedicated to providing a personal service throughout the West Midlands, East Midlands, Warwickshire, Worcestershire, Wiltshire, Gloucestershire, Oxfordshire, Bath, Bristol and South Wales.

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