Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 020 8506 5324
Application
1. These Terms and Conditions will apply to the purchase of the services, materials and fittings and fixtures (if any) contained in our supplied estimate.
2. We are LOUGHTON LOFTS LIMITED a company registered in England and Wales under number 09540022 whose registered office is at 37 Wellesley, Harlow, Essex, CM19 5QX with email address [email protected] ; telephone number 020 8506 5324; office also located at 33 Whitehills Road, Loughton , Essex, IG10 1TS (the Supplier).
3. These are the terms on which we sell all services, materials and fixtures and fittings (if any) to you. By ordering any of these, you agree to be bound by these Terms and Conditions.
Interpretation
4. Customer means a consumer being an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
5. Contract means the legally-binding agreement between you and us for the supply of the Services, materials and fixtures and fittings (if any)
6. Location means the customer’s property where the Services are to be supplied, as set out in the Order;
7. Goods means all materials and fixtures and fittings (if any) that we supply to you with the Services;
8. Order means the Customer's order for the Services, materials and fittings and fittings (if any) from the Supplier as set out in the supplied estimate.
9. Services means the loft building /conversion services set out in the estimate.
Services
10. The description of the Services and any Goods is as set out in the supplied estimate.
11. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification either you or your Agents (Architects or surveyors, or designers) provide is accurate and that full access to your property is made available to ourselves at all normal business hours.
12. All Services are subject to availability and to all Building regulation approvals having been supplied by you and or your Agents.
13. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Customer responsibilities
14. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to your property as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
15. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Basis of Sale
16. The description of the Services and any Goods in our aforesaid estimate does not constitute a contractual offer to sell the Services or Goods.
17. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay, which must be due to resources, a price or description mistake, failure to obtain materials or inability to obtain your payment or other genuine and fair reason.
18. A Contract will be formed for the Services ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted, an initial payment made and with a start date.
19. Any estimate of Fees (as defined below) is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.
20. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
Charges and Payment
21. The charges (charges) for each type of (if applicable) the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is set out in our aforesaid Estimate and once accepted are as shown in the payment schedule provided which you must adhere to.
22. Charges include VAT at the rate applicable at the time of the Order, so that, if the rate of VAT increases before acceptance of the Order, we will only increase the charge by the amount of that increase if you agree, otherwise we must reject the Order and promptly inform you of this.
23. (i) You must pay by bank transfer to our account at 23. (ii) below or by cheque or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise during the course of the contract in accordance with clause 21 above.
(ii) Our bank account : Loughton Lofts LTD. Barclays Bank Plc Sort code: 20-25- 19 Account no :43697495
Delivery
24. We will perform and deliver the services, including any Goods, at and to your property within the agreed period as specified in our estimate.
25. If you fail, through no fault of ours, to take delivery of the Services, materials fixtures and fittings (if any) at your property for any reason, we may charge the reasonable costs of storing and redelivering them.
26. Materials, fixtures and fittings (if any) will become your responsibility from the completion of delivery to your property. You must, if reasonably practicable, examine them before accepting them.
Risk and Title
27. Risk of damage to, or loss of, any materials, fixtures and fittings (if any) will pass to you when delivered to you.
28. You do not own the materials, fixtures and fittings (if any) until we have received payment in full. If full payment is overdue or a step occurs towards your insolvency, you must return them or allow us to collect them.
Conformity and Guarantee
29. We have a legal duty to supply the materials, fixtures and fittings (if any) in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
30. Upon delivery, they will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you order them.
31. It is not a failure to conform if the failure has its origin in your materials.
32. We will supply the Services with reasonable skill and care.
33. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the materials, fixtures and fittings (if any).consisting of details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope thereof.
34. (i) In relation to the Services, anything we place in writing to you, or anything someone else writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later in the event of any variation or addition thereto).
(ii) nothing said during any conversation between ourselves or anyone on our behalf and you shall form part of this contract and is hereby expressly excluded . For the purposes of clarity no variation to this contract shall be permitted or accepted unless in writing.
Duration, termination and suspension
35. The Contract continues as long as it takes us to perform the Services and supply materials and fixtures and fittings (if any).
36. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. Fails to make any payment as provided for under paragraph 21 above within 7 days of it falling due.
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or
is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.
37. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and our sub-contractors
38. We reserve the right to transfer the benefit of this Contract to any other competent supplier, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
39. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other properly as soon as reasonably practicable; and
b. the party’s obligations will be extended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid.
Excluding liability
40. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for loss which was not reasonably foreseeable to both parties at the time when the Contract was made.
Governing law, jurisdiction and complaints
41. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
42. These Terms and Conditions are subject to the Jurisdiction of the courts of England and Wales
43. We try to avoid any dispute, so we deal with complaints as follows: If a dispute should occur customers should contact us in writing by e mail specifying precisely the nature of the dispute. In turn, we will aim to respond with an appropriate solution within 5 days.