Terms and Conditions
- Signature by the Customer of this form of Contract and agreement shall amount to an order by the Customer, but the Company shall not be bound thereby or to any agreement or Contract until written acceptance by the Company signed by a Director / assigned representative has been posted to the Customer and no addition or qualification to or variation of the stated Contract and agreement shall have any effect unless agreed to in writing and signed by a Director / assigned representative of the Company.
- The Customer is responsible for clearing means of access to the Loft/Building area and the Loft/Building area itself to remove items of value and/or protect their property from damage by covering it up or removing it as appropriate, prior to the commencement of contract works. The Company reserves the right to make an additional charge for carrying out these works on behalf of the Customer who has not adequately prepared the site of the proposed works and this charge would cover the removal of existing boarding and moving such items as wiring, pipe work, conduits, aerials, coaxial cables, UHF accessories, flues and ducts unless specifically allowed for in the Quotation and specification herein.
- Bath/Shower Room. Fitting includes labour, copper and B.S. standard waste/fittings only. All fittings are as standard, should the customer choose to supply a superior item/fitting these will be installed at no additional cost – however, no reduction in cost will be given for the standard fitting. Installation of surface mounted taps, shower units, vanity units, hydro jets, macerators and shower screens will be surcharged at the Company’s discretion.
- The Customer is responsible for paying all fees for any applications and/or building notices directly to their local authorities as required. The Company will advise accordingly of the fees payable and will, on the Customer’s behalf, prepare all necessary supporting paperwork.
- The acceptance of this order is subject to any necessary consent required under the Planning Acts or any applicable by-laws or building regulations being forthcoming. Any additional work required in order to comply with such consents, by-laws and/or building regulations carried out by the Company appertaining to this order but not specifically included on the order, is to be paid for separately and not as an inclusive figure unless agreed by the Company. Unless expressly agreed in writing by the Company, responsibility for obtaining all necessary consents and permissions rests with the Customer.
- Any extra works requested by the Customer not stated within this Contract will be charged at an agreed rate and confirmed in writing by the Company in the form of an ‘Additional Works’ agreement. All original Contracted Works must be completed in full before any additional works can commence. Payment for any such additional works shall be made on demand, prior to the commencement of those works and does not in any way affect the payment schedule of the original contractual works. NOTE: Any additional works added during the course of this agreement will negate the agreed build time.
- Any additional works deemed to be necessary by the Company due to any hidden defects in the structure or fabric of the premises subject to the contract works shall be charged at a rate agreed in writing by the Company subject to the provisions of condition 6 hereof.
- Whilst every endeavour will be made at time of construction to achieve the room and window sizes as shown on the approved plan or order, the Company cannot be held responsible for any alterations considered necessary on site due to structural or other reasons. The Company cannot accept any variation in the final price unless previously agreed.
- We will make every effort to complete the work by the time agreed by you. You must appreciate, however, that sometimes delays may occur for reasons beyond our control and we cannot be held responsible for those delays. If such delays occur we will complete the work as soon as possible.
- The Customer is able to cancel the contract within 14 days. (See earlier section on ‘Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013).
- Should the Customer purport to cancel this Contract or be in breach of any of the provisions thereof arising from this order after the Company’s surveyors’ initial survey has been carried out, then the Customer will be liable to pay for all expenses and loss of profits incurred by the Company.
- The Customer shall pay the stage payments referred to in the Schedule of Payments attached as Appendix 1, at the various stages defined in the Schedule of Payments, time being of the essence. All payments are to be received in cleared funds by the Monday of the week in which the works are to commence – as per the agreed Schedule of Payments. Any delays in the payment may result in the cessation of works until cleared funds have been received. Any further payments will be required to be paid by banker’s draft or cash. Please note that this will affect finish times.
- The agreed Contract price is guaranteed for a period of 4 months. The Company reserves the right to a reasonable increase in the contract price should the works commence on site after that period, with the contract remaining valid.
- The Company reserves its title in all materials delivered on site and in the event of the Customer’s failure to make any one or more of the stage payments previously referred to, the Company reserves the right to withdraw all materials and labour from the site without prejudice to the Company’s rights to damages arising out of this Contract and the Quotation and Specification.
- Damage incurred to existing ceilings/cornices immediately below the working area, or resultant damage, is not the responsibility of the Company, except in cases of clear negligence or where ceiling/cornice replacement is specifically included in the Agreement.
- Existing carpets leading to the new stairway or working areas may deteriorate during building. Customers are advised to remove these for the duration of the works. Proprietary carpet covers are available from the Company on request. However no responsibility is accepted for damage if carpets remain in place.
- The Customer must remove all furniture from the area of building works, in the event of furniture being affected in any way during the build the Company will not be responsible for the damage caused.
- During the course of the works the Company will require access/usage of the Customer’s garden for storage and general building needs. Whilst every precaution will be made to keep any potential damage to a minimum, due to the nature of the work the Company accepts no liability or responsibility for any damage to plants and borders.
- In the event of the Customer’s own plans being supplied to the Company and being inaccurate, the Company’s Quotation and specification takes precedence over plan detail, except such detail specifically noted on this agreement. Primary communication to be between the Customer and the Company and not with any third party. All costs incurred by the Company as a result of any defects in said plans, are chargeable.
- With regard to stair parts, matching Newell posts/spindles/handrail does not constitute “identical”.
- All bathroom sanitary ware, taps and fixtures for the purpose of fitting must be on site prior to commencement of works and delays caused by failure to provide such goods will be charged at the daily rate.
- Payment of the sum of money specified in the Contract shall be immediately due upon the completion of the installation. Payment may be made either by cash or by cheque made payable to the order of the Company, and to no other person or persons. If the payment of the said sum is not made within 14 days of the due date the Company shall be entitled to charge interest at 1% per month compound, calculated daily on outstanding sums from due date until payment.
- Where we cannot resolve any complaints using our own complaints procedure, as a Which? Trusted Trader we use Dispute Resolution Ombudsman for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them, please contact 0333 241 3209 or via their website http://www.disputeresolutionombudsman.org.membership/whichtrustedtraders/.
- Arbitration, whilst preferred in this agreement, need not apply in disputes in any claim not exceeding the amount specified for the purpose of section 91(1) of the Arbitration Act 1996.
- The Customer will give access to the premises to the Company, its servants and workmen at all reasonable times so that the Company may complete the installation in accordance with the Contract and the Quotation and Specifications.
- If special circumstances and/or abnormal circumstances regarding the Loft/Building area conversion are encountered which prevent the completion of works the Company may complete the installation in accordance with the Contract and the Quotation and Specifications.
- No omission by the Company, whether by way of indulgence or otherwise, failure or delay to promptly enforce the Company’s rights hereunder, shall be construed as waiver of the Company’s rights.
- The Company accepts no liability or responsibility for compliance with terms, conditions, provisions or requirement of any freeholder, rent charge owner or mortgagee, all of which shall be solely and expressly the responsibility of the Customer.
- The Customer warrants and confirms that the property at which the works herein specified are to be carried out is not in multiple ownership or occupation and that the Customer is the legal owner of the property.
- The Company may refer the Customer to its Consultant Architect to prepare detailed plans and to apply for the necessary permissions for work to be carried out. However, the Consultant Architect will normally be employed directly by the Customer (unless it is expressly agreed otherwise in writing), and will have no direct contractual relationship with the Company. When the Consultant Architect, or any other surveyor, architect or other professional adviser is employed other than by the Company, no professional fees charged will be accepted by the Company, but will be entirely at the Customer’s expense. The Company reserves the right to charge for any extra work or expense incurred by us as a result of such employment. Any such surveyor, architect or other professional adviser (including our Consultant Architect) employed otherwise than by the Company is directly liable to the Customer for the work carried out by him/her.
- In the event of plans being supplied by the Customer’s own architects/engineers, it is agreed that the Contract price is based on these plans, specifications and calculations and specifications written in this contract – any changes or amendments made by either the Customer or the Local Authority Inspector are chargeable. The Customer will be notified prior to works being carried out.
- GUARANTEE – Should any defects due to faulty workmanship appear within 12 months, such defects will be made good by us free of charge. The Company does not accept liability for consequential damage caused by such failure.
- All materials used will be in accordance with the current British Standard. specifications where applicable and the benefit of any special manufacturers’ guarantees will be available to the Customer.
- The above guarantee expressly excludes defects caused by building movement, inherent faulty design of the existing structure, extreme weather and other conditions beyond our control and is conditional on all contractual terms/payments being adhered to in full by the Customer.
- Without prejudice to the Company’s rights to recover sums due under this agreement the new room/s shall not be occupied, used or decorated until the Customer has signed the completion certificate supplied by the Company. Any occupation, use or decorating of new room/s will be taken to signify that the Customer is satisfied that the work has been completed satisfactorily, and final payments become immediately due.
- In the event of the Customer choosing to extend or relocate their central heating systems no liability is accepted for problems arising from their existing system as a result of such additions, or the nullification of existing guarantees.
- In the event that final steel calculations indicate the requirement for additional transport or equipment other than standard, the Company reserves the right to charge additional sums.
- The Company accepts no liability for additional costs or expenses incurred or problems arising through any faults or deficiencies with the existing electrical installation and reserves the right to charge additional sums should it be deemed necessary by the Company electrician for wiring directly to the main consumer unit, or to carry out such other works he deems necessary to overcome existing faults or deficiencies unless such a charge has already been specifically included in the Contract.
- The Company accepts no liability for any interference or loss of reception to any satellite equipment due the erection of any scaffolding at your or any neighbouring property. The Customer is responsible for the moving / re-positioning of any such equipment, at any time, during the course of the works.
- When a new structure is built on or into the common adjoining wall/s of a property a Party Wall Agreement is required. It is the responsibility of the Customer to obtain the agreement, whether formal or informal and settle any associated fees. The Company will advise on request.
- Portaloos will be supplied upon application. The Customer will notify neighbours and make available suitable sites which will not interfere with the Company’s ability to carry out the works.
- With regards to foundations the Company will allow, unless otherwise stated in the drawings supplied, foundations of 600mm wide by 1000 mm deep. In the event of the local authority requiring additional depth, the Company will charge £300.00 per Cubic metre (m3).
- Prior to the commencement of Works, the Company will request relevant approvals with the Customer for the usage of Banners and other promotional materials to be displayed during the terms of this agreement.
- The Customer will be entitled to hold a retention sum equivalent to 3% of the original quoted price, during completion of the project. This sum will not become payable to the Company until the Customer has confirmed that all work on the project has been finished to the Customer’s satisfaction, and any outstanding matters have been dealt with.
We always endeavour to provide the best service and products for our customers. However, on rare occasions, we recognise that there may be times where our customers may not be completely satisfied.
To ensure we are able to put things rights as soon as we can, please read our complaints procedure below and we will respond promptly to ensure complete satisfaction.
As soon as possible after the completion of the works, please inspect the work to ensure everything has been carried out to our usual high standards.
In the unlikely event there is anything you are not completely satisfied with, please contact us as soon as you can in order that we can rectify any problems as soon as possible.
Either call us on 0208 367 6599 or write to us at 39, Parsonage Gardens, Enfield, EN2 6JS or email us at firstname.lastname@example.org.
We aim to respond within 5 days of receiving your complaint and where possible, will provide you with a date to remedy any issues raised.
Where we are unable to resolve your complaint using our own complaints procedure, as a Which? Trusted trader we use Dispute Resolution Ombudsman for dispute resolution. In the unlikely event that we cannot remedy your complaint to your satisfaction you may wish to refer your complaint to them. If you wish to do so please contact Which? Trusted traders in the first instance on 0333 241 3209.