LOFT SOLUTIONS NW LIMITED TERMS AND CONDITIONS OF BUSINESS FOR THE PROVISION OF SERVICES BETWEEN LOFT SOLUTIONS NW LIMITED AND THE CUSTOMER.
These Terms and Conditions of business (the “Terms and Conditions”) are the terms on which we will provide our services to you (the “Customer”) and shall be read in conjunction with the Customer Quotation (the “Quotation”) and shall jointly form the Agreement between Loft Solutions NW Limited and the Customer (the “Agreement”).
These Terms and Conditions set out important information and your rights under the Agreement and should be carefully considered by you prior to placing an order with us. In the absence of a Quotation, these Terms and Conditions shall be applicable to any terms of business between Loft Solutions and the Customer.
1 Definitions referred to in this Agreement.
Agreement: the contract between Loft Solutions and the Customer for the supply of Services in accordance with these Terms and Conditions.
Charges: the charges payable by the Customer for the supply of the Services in accordance with clause 11 (Charges and payment).
Commencement Date: is the date that this Agreement comes into force.
Customer: the person, company or firm who purchases Services from Loft Solutions NW Limited.
Customer Default: has the meaning set out in clause 7.14.
Deliverables: the product or services that Loft Solutions will provide the Customer.
Order: the Customer’s instructions to Loft Solutions of the services that the Customer requires.
Quotation: the Quotation will provide the specification of the services and materials that Loft Solutions will provide the Customer and the costs that the Customer’s shall pay for those services and materials.
Services: the services, including the Deliverables, supplied by Loft Solutions to the Customer as set out in the Specification.
Specification: the description or specification of the Services provided in writing in the Quotation by Loft Solutions to the Customer.
Supplier Materials: all Loft Solutions: materials, equipment, documents and other property of Loft Solutions.
Terms and Conditions: the terms on which Loft Solutions will provide their Services to the Customer.
Written communication: a reference to writing or written includes emails.
You/Your: refers to the Customer.
2 Loft Solutions and our contact details
2.1 Your contract, the Agreement is with Loft Solutions NW Limited of Unit 2, Star Cross Roads, Gaerwen, LL60 6AL, company registration number: 11333571 (“Loft Solutions”).
2.2 Should you have any queries in relation to your order or installation, please contact us using the contact details below:
2.3 Our contact number is: 01248 660344.
2.4 How to tell us about problems. If you have any questions or complaints about the installation, please contact us. You can telephone our customer service team on 01248 660344 or write to us at info@loftsolutionsnw.com or Loft Solutions NW Ltd, Unit 2, Star Crossroads, Gaerwen, LL60 6AL.
3 Our Services
3.1 Loft Solutions shall supply the Services detailed in your Quotation.
3.2 Although every effort will be made for the deliverables to be as described in the Quotation, Loft Solutions cannot guarantee that the products and materials installed will be exactly as described or as demonstrated in Loft Solutions brochure or website which are used for illustrative purposes only.
3.3 Loft Solutions shall use all reasonable endeavours to meet any performance dates specified in the Quotation, however, there may be instances where Loft Solutions are unable to do this due to unforeseen circumstances, in these instances, time shall not be of the essence for performance of the Services and Loft Solutions will attempt to arrange an alternative installation date with you at the earliest opportunity.
3.4 Loft Solutions reserves the right to amend the Specification of the planned works if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, Loft Solutions will notify you in any such event.
3.5 Loft Solutions warrants that the Services that they will provide you will be using reasonable care and skill.
3.6 Loft Solutions, where appropriate will carry out an Asbestos survey, this will be completed at no cost to you. However, should you cancel the Order following any Asbestos survey, Loft Solutions may charge you a fee of £200 for conducting the survey.
3.7 In order to comply with relevant laws and regulations, Loft Solutions, if required may make some minor changes to the installation.
4 Your Quotation
4.1 Loft Solutions will provide a written quote to you for approval following the survey visit. Should you require any amendments you should raise this with Loft Solutions before booking in to have the work done.
4.2 If amendments are required, Loft Solutions, will provide a new amended written quote which will supersede any previous verbal or written quotes.
5 Your Order
5.1 An Order shall only be deemed to be accepted when Loft Solutions issues written acceptance (in the form of a booking confirmation) of the Order at which point, and on which date this Agreement shall come into existence (Commencement Date).
5.2 If Loft Solutions are providing an LED mains loft lights as part of your Order, the installation of the LED mains loft light will be carried out by one of Loft Solutions sub contracted electricians who are fully qualified and fully insured. The sub contracted electrician carrying out installation will contact you directly and arrange a date to complete the installation.
5.3 If Loft Solutions is providing you a battery powered LED light, Loft Solution’s inhouse fitters will install this for you.
5.4 Any samples, drawings, descriptive matter or advertising issued by Loft Solutions, and any descriptions or illustrations contained in the Loft Solutions catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Agreement or have any contractual force.
5.5 Any written quotation given by Loft Solutions will be valid for 30 days from the date of the quotation.
6 Deposit Payable
6.1 Once you have accepted your quote, you will be required to pay a 30% deposit of your total invoice within 2 days of acceptance and booking in.
6.2 Your order will not be confirmed, and we will be under no obligation to provide the services in the Quotation until the deposit has been paid.
6.3 If the deposit has not been paid within the 2 days, then Loft Solutions reserve their rights to amend the Quotation and cancel the booking.
6.4 The deposit is non-refundable unless the cancellation is subject to clause 14.1 in which case, Loft Solutions may make reasonable deductions to cover their costs due to your cancellation.
6.5 Any refund due to you from Loft Solutions will be paid to you within 21 days from the date of the cancellation.
7 What you need to do
7.1 Ensure that the description of the works and material on the Quotation are complete and accurate.
7.2 Raise any amendments/additions to the Quotation before booking in for the work.
7.3 Pay a minimum of 30% deposit at the time of placing your Order and no later than 2 days after this.
7.4 Pay the remaining balance on the day that the works are completed.
7.5 You must be present at the time of the works, if you are unable to be present, then with prior agreement with Loft Solutions, a suitable adult over the age of 18 can be present.
7.6 If you are not on site at the time the works are completed, then you give your authority for the responsible adult to act in place of you. Any inspection of the completed works by the responsible adult will be deemed as by you, the Customer.
7.7 Co-operate with Loft Solutions in all matters relating to the Services.
7.8 Provide Loft Solutions, its employees, agents, consultants and subcontractors, with access to the premises where the works are being carried out in reasonable access to any other facilities as reasonably required by Loft Solutions.
7.9 Provide Loft Solutions with such information and materials as Loft Solutions may reasonably require in order to supply the Services and ensure that such information is complete and accurate in all material respects.
7.10 Prepare your premises for the supply of the Services and ensure that the loft area is clear. If the loft area is not clear and the fitters have to remove belongings, there will be a charge of £200.00, which will be added to your final invoice.
7.11 Obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start.
7.12 Keep all materials, equipment, documents and other property of Loft Solutions (“Supplier Materials”) at your premises in safe custody at your own risk, maintain the Supplier Materials in good condition until either used by Loft Solutions as part of the Services specified in the Quotation or returned to Loft Solutions, and not dispose of or use any Supplier Materials other than in accordance with Loft Solutions written instructions or authorisation.
7.13 Comply with any additional obligations as set out in the Specification.
7.14 If Loft Solutions performance of any of its obligations under the Agreement is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (“Customer Default”), then without limiting or affecting any other right or remedy available to it, Loft Solutions shall have the right to suspend performance of the Services until you remedy the Customer Default. Loft Solutions will rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays Loft Solutions performance of any of its obligations.
7.15 Loft Solutions shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from Loft Solutions failure or delay to perform any of its obligations pursuant to clause 7.14.
7.16 You shall reimburse Loft Solutions on written demand for any costs or losses sustained or incurred by Loft Solutions arising directly or indirectly from the Customer Default.
8 Removal of existing goods and materials
8.1 Loft Solutions may remove and dispose any existing goods and/or materials left in the area that works are being completed during the installation.
8.2 Should you wish to keep any goods and materials, please ensure that these are removed prior to the start of the works.
8.3 Loft Solutions will not accept any liability for any goods or materials left by you in the area of the works and Loft Solutions will not indemnify you for any damaged or removed goods.
8.4 You should ensure that the area that the works are being carried out in is clear from any goods and/or materials unless prior agreement has been made with Loft Solutions for their removal. Should Loft Solutions have to remove any goods or materials in order to complete the installation, you will be charged for the removal of those goods and/or materials.
8.5 For the purposes of Health and Safety, you agree that, unless agreed with a member of staff, that you will not enter the working area until work has been completed and is ready to be inspected. We cannot be held responsible for any injury caused to any third party whilst work is in progress if access into the loft space is made without prior agreement.
9 Structural Defects
9.1 It will be deemed that the area where the works are to be completed are free from any structural defects, It is your responsibility to inform Loft Solutions of any structural defects that may impact the works and Loft Solutions will not indemnify you for any losses sustained by you due to any structural defects that you have not clearly informed Loft Solutions of at the time of your Order.
9.2 Any costs involved for any rectification work carried out by Loft Solutions due to any structural defects or any obstructions that were not visible at the time that Loft Solutions conducted the survey will be charged to you, unless through prior agreement with Loft Solutions.
9.3 Although every effort will be made by Loft Solutions to preserve any Lathe or Plaster ceiling, due to the nature of such materials, Loft Solutions will not be liable for any: crumbling, cracking, redecoration, replacement or repair costs associated with Lathe and Plaster ceilings.
9.4 Loft Solutions will not be liable for any areas of the ceiling where the plaster is disrupted due to not bonding correctly, this is more likely in new or newly plastered ceilings. Should the ceiling require any repair or repainting, Loft Solutions will not be liable for any such costs and will be costs that will be covered by you.
9.5 With a loft hatch alteration or relocation, Loft Solutions will plasterboard these areas but will not be responsible for plastering them. It will be your responsibility to source a Plasterer should this work need to be undertaken. Loft Solutions will not be liable for completing the plastering and/or the cost of plastering these areas.
9.6 Upon the installation of a timber ladder, Loft Solutions will install a MDF architrave around the timber hatch. Loft Solutions are unable to paint the architrave straight after installation due to the potential of chalking. The painting of the architrave will be your (the Customer’s) responsibility and Loft Solutions will not be liable to carry out such works to the architrave following the installation.
10 Loft Solutions responsibility for loss or damage
10.1 Loft Solutions liability to you for any loss or damage caused as a result of Loft Solutions breach of the Terms and Conditions of this Agreement or failure to conduct their services with reasonable skill and care will be limited to any reasonably foreseeable loss and damage suffered by you.
10.2 Loft Solutions will make good any damage caused to your property by Loft Solutions during the works. This does not include the repairing of any pre-existing damage, faults or damage or faults discovered during your works. Loft Solutions will not cover any damage to carpets and other areas as a result of dust and debris resulting from the works. Loft Solutions will not be liable to you or any third party for damage caused to a person or property resulting from neglect, misuse of the loft space or any installed ladder or overloading of the loft floor. Loft Solutions will not be liable for any damage to: decoration, ceilings, flooring and light fittings due to movement in the loft following completion of the works.
10.3 Loft Solutions liability is for domestic use only and any business losses are explicitly excluded.
11 Charges and payment
11.1 Loft Solutions will provide you with a written Quotation following a site visit (the “Survey”) of the premises where the works are to be carried out. The Quotation will be calculated in accordance with your specific instructions and the works required as specified in the Quotation.
11.2 Upon acceptance of the Quotation by you, Loft Solutions shall contact you and confirm the Services that you would like to go ahead with and choose a date for the work to be undertaken. This will then be confirmed in writing in the form of a booking confirmation. The date of the booking confirmation will be the Commencement Date of this Agreement between Loft Solutions and you, the Customer.
11.3 30% of the invoice will be payable by you upon booking and the remaining 70% will be due on the day of completion of the works. For customers paying the full amount on completion with no deposit. Full payment must be made within 24 hours of the completion.
11.4 With prior agreement, Loft Solutions may offer you an option to pay the balance by way of an interest free payment scheme in 3 equal instalments. Under this payment plan, you will be required to pay the first instalment as a deposit at the time of placing your order, the second instalment shall be made on the day that the works are completed and the final instalment within 28 days of the day of completion.
11.5 Without prior agreement with Loft Solutions and/or agreement of the arrangement in 11.4, if you fail to pay the total invoice within 7 days of the due date on the invoice, interest at a rate of 8% will accrue each day on the overdue sum and will be payable by you to Loft Solutions from the due date until payment of the overdue sum is paid.
11.6 All amounts due to Loft Solutions under the Agreement shall be paid by you in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
11.7 If, upon completion of your installation minor snagging items remain to be corrected, you agree to pay to Loft Solutions 80% of the balance of our final invoice on the initial installation day and the remaining balance on the day of which the snagging items are completed to your reasonable satisfaction.
12 Loft Solutions Guarantee
12.1 Loft Solutions will repair or replace any part of your installation that is faulty or defective as a result of the materials or services provided by Loft Solutions excluding, any misuse or mishandling of any materials supplied or installed, light bulbs and light tubes.
12.2 This guarantee is non- transferable.
12.3 This guarantee does not affect any of your consumer statutory rights.
13 Limitation of liability:
13.1 References to liability in this clause 13 include every kind of liability arising under or in connection with the Agreement including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
13.2 Nothing in this clause 13 shall limit your payment obligations under the Agreement.
13.3 Nothing in the Agreement limits any liability which cannot legally be limited, including liability for: death or personal injury caused by negligence, fraud or fraudulent misrepresentation; or breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or clause 14.2 for defective products under the Consumer Protection Act 1987.
13.4 Subject to clause 13.2 (No limitation of your payment obligations) and clause 13.3 (Liabilities which cannot legally be limited), this clause 13.4 sets out the types of loss that are wholly excluded as follows: 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 indirect or consequential loss.
13.5 This clause 13 shall survive termination of the Contract.
14 Termination
14.1 You may terminate the Agreement at any time within 14 days from the Commencement Date of the Agreement as long as this is within 14 days of your installation. Should you cancel after this time, Loft Solutions may charge you for any costs that they have incurred as a result of your order.
14.2 Without affecting any other right or remedy available to it, either party may terminate the Agreement with immediate effect by giving written notice to the other party if:
a. the other party commits a material breach of any term of the Agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing to do so.
b. Without affecting any other right or remedy available to it, Loft Solutions may terminate the Agreement with immediate effect by giving written notice to you if you fail to pay any amount due under the Agreement on the due date for payment.
c. Any deposit paid by you pursuant to clause 11.3 and 11.4 will be non-refundable.
14.3 Following Termination, Loft Solutions will provide you with a final invoice which shall be payable by you immediately on receipt.
14.4 You shall return all of Loft Solutions Materials and any Deliverables which have not been fully paid for. If you fail to do so, then Loft Solutions may enter your premises and take possession of them. Until they have been returned, you shall be solely responsible for their safe keeping and will not use them for any purpose not connected with the Agreement.
14.5 Termination of the Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination.
14.6 Any provision of the Agreement that expressly or by implication is intended to come into or continue in force on or after termination of the Agreement shall remain in full force and effect.
15 General
15.1 Force majeure. Neither party shall be in breach of the Agreement nor liable for delay in performing, or failure to perform, any of its obligations under the Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.
15.2 Entire agreement. The Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
15.3 Each party acknowledges that in entering into the Agreement it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Agreement.
15.4 Nothing in this clause shall limit or exclude any liability for fraud.
15.5 Variation. Except as set out in these Conditions, no variation of the Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
15.6 Governing law. The Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.