Terms & Conditions
1. Overview
1.1 To become a client of Loft & Ladders and use any of our services, you agree to the following Terms & Conditions. Your agreement will be indicated by acceptance of any proposal; or use of any of our services, whichever occurs first
1.2 If you do not accept these Terms & Conditions without modification, you may not use Loft & Ladders services. If the Terms & Conditions are altered, the original terms accepted by the client for a project will remain valid
1.3 No verbal explanation or information given by any party shall change the interpretation of these Terms & Conditions. No exception will be made to the document unless it is in writing and signed by both parties
2. Agreement
2.1 The enforcement of these terms and conditions comes into effect through the acceptance of the quotation and agreeing to a commencement date by way of settlement of the deposit invoice
3. Definitions
For the purposes of these Terms and Conditions:
3.1 “Agreement” means the contract between Loft and Ladders and the customer for the provision of the services and/or products incorporating these Terms and Conditions
3.2 “Customer” means a person who buys goods or services from Loft & Ladders
3.3 “Order” means your initial request for Loft & Ladders to provide the services
3.4 “Products” means anything supplied by Loft & Ladders to the customer
3.5 “Services” means what is required by the customer from what is available from Loft & Ladders
3.6 “Supplier” means Loft & Ladders
4. Services, Products and Delivery
4.1 The services and/or products are as described in the proposal
4.2 Any change to the services and/or products must be agreed upon by the supplier in writing
4.3 Any elements contained in advertising material, catalogues or brochures issued by the supplier are for the sole purpose of giving an idea of the products and/or services and will not form part of any agreement unless otherwise agreed in writing by the supplier
4.4 Delivery dates given for the services and/or products are estimates only and are not guaranteed. The supplier is not held liable for any loss, costs, damages, charges or expenses caused by any delay in the delivery
5. Price and Payment
5.1 The price of the installation will be the price stated in our agreed quotation. We take all care to ensure that the price of the installation is correct
5.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply our services, the rate of VAT that you pay will be adjusted, unless you have already paid for the product in full before the change in the rate of VAT takes place
5.3 We accept payment with all major credit/debit cards, bank transfers and cash by arrangement. We will invoice you for the price of the services and you must pay each invoice within 24 hours from the date of receipt of the invoice
5.4 If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount. You must pay us interest together with any overdue amount
5.5 If you think an invoice is incorrect, please contact us to let us know. You will not have to pay any interest until this is resolved. Once the dispute is resolved, we will charge you interest on correctly invoiced sums from the original due date
5.6 The customer is not entitled to withhold any money due to the supplier
5.7 The supplier is entitled to alter the price to take account of:
5.7.1 any additional services and/or products requested by the customer which were not included in the original proposal;
5.7.2 any increase in material costs;
5.7.3 any additional work required to complete the services which were not agreed upon at the time of the proposal;
5.7.4 and any change must be intimated to the customer in writing by the supplier
6. Cancellation
6.1 The customer may cancel an order by notifying the supplier in writing within 36 hours of placing the order and any money paid by the customer will be refunded, subject to the deduction of an administration charge
6.2 If the customer does not notify any cancellation within the time specified in clause 6.1, any money paid will not be refunded to the customer
7. Termination
7.1 You may terminate the agreement at any time, by giving us written notice if:
7.1.1 we have breached the agreement in any way and have failed to amend that breach within 14 days of you asking us to do so in writing;
7.1.2 we enter into liquidation or have an administrator appointed over our assets;
7.1.3 we are unable to provide our services due to an event outside of our control
7.2 We may terminate the agreement immediately by giving you written notice if:
7.2.1 you fail to pay on time as required
7.2.2 you have breached the agreement in any way and have failed to amend that breach within 14 days of us asking you to do so in writing
7.3 If at the date of termination:
7.3.1 you have made any payment to us for any services we have not yet provided, these sums will be refunded to you as soon as possible
7.3.2 we have provided services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, we will invoice you for those sums and you will be required to pay
8. Inspection of Products and Services
8.1 The customer shall inspect the products and/or the services upon delivery and notify the supplier of any damaged, missing or defective items within 24 hours from the delivery date
9. Structural Defects
9.1 Unless mentioned, no provision is made by the company for defects to the building structure or any structurally related objects when carrying out an installation. It is assumed that areas/items are in good, working condition and are suitable to undertake the agreed works
10. Health & Safety
10.1 Whilst work is in progress, you will not enter or occupy the working area until works have been completed. We cannot be held responsible for any injury caused to any third party whilst work is in progress if access into the loft/attic space is made without any prior agreement with the supplier
11. Force Majeure
11.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside the supplier’s reasonable control. This includes, but is not limited to, war, lockouts, acts of God, strikes, accidents, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply and the party shall be entitled to a reasonable extension
12. Governing Law
12.1 These Terms and Conditions shall be governed by and construed following the law of England and the parties hereby submit to the exclusive jurisdiction of the English Courts