Terms & Conditions
TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.
1. All orders based on this Purchase Contract are subject to acceptance of these terms and conditions in writing. No works will commence without this written order accepted by ourselves and you. Unless stated to the contrary this purchase contract estimate has been based on material, labour, plant and equipment prices at the date of purchase contract estimate. If the cost to the Company of carrying out the work is subsequently increased by reason of increases in the cost of materials and/or labour and/or any other factor outside the control of the Company, then the Company shall notify the Customer before undertaking any work to which the increase will apply and the Customer may require the Company to discontinue the work and shall pay the Company only for the work already carried out.
2. The prices and rates stated in this purchase contract are inclusive of Value Added Tax.
3. Requests for payment in the form of interim applications will be made during the course of the Contract to the value of the work completed at that time together with the value of materials delivered to site or properly held in stock for the Contract at the merchanting division of the Company. The first interim payment amounting to 30% of the value of the Contract is due for payment upon signature of the purchase contract. Thereafter further interim payment dates will be agreed with you. On completion of the Contract and installation the remaining & final balance is due before removal of scaffolding. In all cases payment becomes due on completion including the VAT. In the event that payment is not made by the due date of any agreed payment date, the Company reserve the right to suspend work on site until payment is received. Thereafter the Customer will be liable for additional costs and interest. If the final balance is not paid, the Company will be unable to pass on any supplier guarantees or honour the workmanship guarantee referred to at clause 19 below.
4. Interest will be charged at 8% per annum on overdue accounts and outstanding balances.
5. Final payment is due on completion of the installation. The Purchaser shall not be entitled by reason of any alleged minor defect to withhold more than a proportionate amount of the sum due on the due date and the right of title to all materials supplied remain the property of the Company or their successors until paid for in full. Materials and goods delivered to the job or site will remain property of the company until they are either fixed or paid for by the customer. Who will be responsible for their safe custody and for all loss or damage until the contract is completed. All surplus materials are the Company’s property and will be removed from site on completion.
6. The Customer may not assign the contractual rights and obligations without written consent of the Company. The Company reserve the right to subcontract sections of the works as may be necessary.
7. Copyright in all specifications, descriptions, quantities, prices, rates, drawings, designs, catalogue, sales materials and other literary works described in this estimate vest in and remain the property of the Company. The customer is not entitled himself or to authorise any person or firm to reproduce all or any part.
8. The Company are fully insured against accidental damage to property and injury to persons. Irrespective of those insurances the existing structures together with the contents thereof owned or controlled by the Customer or for which the Customer is responsible, and the Works together with all unfixed materials, goods and items delivered thereto, placed on or adjacent to the Works and intended therefore (except plant, tools and equipment) shall be at the sole risk of the Customer as regards loss or damage by theft, fire, lightning, explosion, storm, tempest, flood, bursting or overflowing tanks, apparatus or pipes, earthquake, aircraft and any other aerial devices or articles dropped therefrom, riot and civil commotion. The Customer shall maintain adequate insurance against such risks and shall send a copy of this estimate, together with the conditions thereon to his insurers as advice that building works are being carried out on his property and shall make available such evidence of insurance to the insurance brokers of the Company upon request.
9. The Company cannot be held responsible for any damage caused by the movement or vibration to ceilings or soffits and to areas where internal finishes are fixed to structural members or timbers supporting our work where reasonable care and attention has been taken. The Company do not accept responsibility for any deterioration or damage to rainwater gutters and pipes which are already defective. Furthermore, during the removal of roof claddings inevitably dust and debris will fall into the loft space beneath. The Customer is responsible for removing or protecting stored articles and possessions prior to commencement of the Work and the company cannot be held responsible for the soiling of any items so stored in a loft space. During the course of roofing works the Company will use its best endeavours to ensure that the building will be kept watertight, however, from the very nature of the work involved it is not possible under severe or sudden adverse weather conditions to guarantee the exclusion of water through a roof which is temporarily open or an overnight seal. Customers are, therefore, advised to make provision for protecting decorations and furniture and to remove any sensitive equipment which is likely to be exposed to possible water penetration in such an area to minimise any possible damage. The Company cannot accept liability for any consequential loss arising from failure to take these precautions.
10. Whilst reasonable precautions will be taken the Company cannot be held responsible for any damage caused to lower roofs, and additions over which we are required to work, nor for any damage to garden plants, shrubs, ornaments and the like. The Company reserve the right to request the Customer to remove or have removed at their own expense areas of sheeting or glazing, and to remove or otherwise protect anything as may be necessary to facilitate the erection of scaffolding or the safe progress of the work.
11. Scaffolding and mechanical hoisting facilities (where necessary) are to be erected by The Company, who will also obtain any necessary statutory and bye-law consents under the regulations in accordance with the Health and Safety Regulations and Public Highway Regulations, etc. The Company cannot be held responsible for accidents or injury to any persons through the unauthorised use of or alterations to the scaffolding and hoisting facility.
12. The customer shall supply power and a fresh water-supply and electricity, if necessary, free of charge, for the use of power tools etc and for the mixing of building materials or for any other purposes to execute and complete the Works.
13. The dates agreed for commencement and completion are subject to alteration in the event of delays occurring through inclement weather, strikes or lockouts affecting the Building Industry, additions or variations to the Works described in this estimate or any causes beyond the control of the Company and such extension of time as may be reasonably allowed shall be without penalty. All estimates are subject to materials and labour being available when required. We will make every effort to complete the work on time (or, if no date has been agreed, within a reasonable time from the date of your order) but we cannot be held responsible for delays due to weather or other circumstances beyond our control. In this case we will complete the work as soon as reasonably possible. In the event pf the start of the works being delayed more than 4 weeks from the quoted start date, the Customer will be advised and the Company and Customer will seek to agree a new start date. Should a new date not be capable of being agreed, parties may pursue arbitration in accordance with clause 17 below.
14. Unless stated otherwise, this purchase contract does not include the cost of provision by the Customer of adequate shelter and protection, sanitary convenience or mess room facilities required under the Health and Safety at Works Acts. Where these facilities cannot be made available by the Customer he shall notify the Company accordingly, and the Company may amend their prices stated in this contract to take account of providing these facilities themselves. Under the same Acts the Customer is required to provide a safe place of working and that necessary and proper insurances are in place, and should this be found not to be the case the Company reserve the right to suspend work and be granted an extension of time and additional costs whilst the place of work is made safe.
15. The Customer is responsible for providing adequate and safe storage for materials adjacent to the working areas and for safe custody of materials until fixed. Once materials have been fully and finally fixed, ownership transfer to the Customer and the Customer is responsible for protection and the cost of any damage or replacement caused by circumstances beyond the control of the Company. Where a driveway or other hardstanding area exists, this is to be made available by the Customer for the parking of a skip waste container. Materials and goods will be delivered by us on public or private roads which we assume to be adequate to receive the load unless informed by the Customer in writing to the contrary.
16. All guarantees on materials as issued by the manufacturers will be passed on to the Customers on completion of works.
17. In the event of dispute between the Customer and the Company then each party shall give the other notice in writing of such dispute. Within 7 days of intimation in writing of a dispute, either party may elect to refer the dispute to arbitration through The National Federation of Roofing LTD, 31 Worship Street, London EC2A 2DY “NFRC”. In the event of referral to NFRC and an arbitrator is duly appointed, parties agree to be bound by the decision of such arbitrator.
18. This contract is governed by the law of Scotland and parties submit to the exclusive jurisdiction of the Scottish courts.
19.A warranty of 10 years for faulty/defective roofing and roughcasting products will be offered by the manufactures of these products. In conjunction with this, Lomond Improvements will supply a 1-year workmanship warranty. This warranty does not cover normal wear and tear or damage caused by ice, storms/strong winds, foreign object strikes or hurricane-force wind and rain. The Company will not be liable for any damage as a result of the above issues. In addition – discolouration due to fungus/bacteria, UV degradation, rust or corrosion will not be covered. In the event of a claim, Lomond Improvements must be notified within 48 hours of the issues being discovered.
20. All materials used will be in accordance with current British Standard Specifications where applicable and the benefit of any special manufacturer’s guarantees will be made available to the Customer.
21. The above guarantee expressly excludes defects caused by building movement, inherent faulty design, extreme weather, subsequent alteration or modification to the new roof and supporting structure, aerials and satellites, traffic across the roof, or other conditions beyond the control of the Company.
22. The guarantee does not take effect until full and final payment has been received including the VAT thereon, and commences from the date of the presentation of the final account.
23. If the final balance is not settled the guarantees will not be applicable.
24. The Company will comply with the Data Protection Act 2018 and take all reasonable precautions to keep the details of your order and payment secure. The Company will not be liable for any unauthorised access to information supplied by you, except insofar as The Company would be liable for a data breach in accordance with the data protection act 2018. Our privacy policy is available at www.lomondimprovements.co.uk By signing these terms and conditions, you agree that you are bound by The Companies privacy policy.
25. The Supplier will only use the information provided by you about you for the purpose of fulfilling your order and processing your payment, unless you agree otherwise. You can correct any information or ask for information to be deleted, by giving written notice to the Supplier at the Supplier’s address, fax number or e-mail address.
26. The Company reserves the right to cancel this agreement where, after a technical survey has been carried out, the results of the survey show that: (a) the goods cannot be installed for safety or other technical issues. (b) the original measurements taken at the time of sale are more than 6% below the follow up technical survey, or (c) the cost of materials or labour have changed substantially, then the company reserve the right to terminate this agreement and offer in its place a new contract at an adjusted price to cover actual scope of works to be carried out. Where this agreement is terminated by the company for any of the above reasons, the Company will refund you all monies paid.
27. The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this Agreement that is caused by an event of force majeure.
28. An event of force majeure means, for the purpose of this contract, any act or event beyond the Company’s reasonable control, including strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
29. If an event of force majeure takes place that affects the performance of any of the Company’s obligations under this Agreement: (a) the Company will contact you as soon as reasonably possible to notify you; and (b) the Company’s obligations under this Agreement will be suspended and the time for performance of the Company’s obligations will be extended for the reasonable duration of the event of force majeure. Where the event of force majeure affects the delivery of goods and supply of services (where applicable) to the customer, The Company we will arrange a new delivery date or date for performance of the services with the customer as soon as reasonably possible after the event of force majeure is over.
30. If any provision of this Agreement shall be held to be illegal or unenforceable, in whole or part, the validity and enforceability of the rest of this Agreement shall be unaffected.
31. A person who is not a party to this Agreement has no rights under the Contract (Third Party Rights) (Scotland) Act 2017 to rely upon or enforce any term of this Agreement
32. No failure or delay by the Supplier to exercise any right, power or remedy provided under this Agreement or by law shall constitute a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy.
33. The customer is responsible for obtaining any required permits/building warrants and paying any applicable fees to the relevant local authority. Lomond cannot be held accountable for any delay or complications due to permits or warrants not being issued in time. The Company does not advise on the requirement to obtain planning permission for any works and it is the customers sole responsibility to satisfy themselves as to the extent which planning permission or building control consent to the Works is required.
34. For Kitchen orders, The Company requires 90% of the total contract price to be paid 7 working days before the agreed delivery date. The parties agree that when a payment is not made by the due date, The Company is entitled, without notice, to reschedule this date. A rescheduling fee of £150 will be payable by The Customer in this instance.
35. The Customer may cancel this agreement within 14days of the date that the agreement is signed. (‘Cooling Off Period‘). Should the Customer choose to cancel the contract within the Cooling Off Period, the Company will refund any deposit paid by the customer, less any reasonable incurred expenses incurred by the Company. The Company will not usually undertake any work on the contract until the expiry of the Cooling Off Period, as the materials required to complete the works are bespoke to the Customer. The Customer may waive the Cooling Off Period by intimating to the Company in writing that they wish the contract to commence early.
36. In the event of the Customer waiving the Cooling Off Period subsequently cancelling the contract, or cancelling at any other time following the Cooling Off Period, the Company will return any deposit to the Customer, less any expenditure incurred by the Company on behalf of the Customer. Factors which dictate how much will be returned to the Customer will include, but are not limited to, sums expended by the Company on materials that cannot be returned, materials that have been fixed to the Customers property, remuneration of the Company’s sales staff and marketing staff (including any bonuses or commissions paid to those staff members), any supply contracts which the Company cannot cancel and reasonable management time dedicated to this agreement. Any costs of the Company which are being offset against any deposit held will be proportionate to the total costs of the Works and the stage of the progress of the Works.
If you, the Customer wish to cancel complete (Appendix A)
If you, the Customer wish work to commence during your cancellation period complete Appendix (B)
APPENDIX (B) To; LOMOND IMPROVEMENTS LIMITED, 10 Newton Place, Glasgow G3 7PR. Company No. SC556211 I/we (delete as appropriate) request manufacturing and installation to commence within my 14-day cancellation period. I/we understand I/we have the right to cancel but i/we will incur reasonable charges for any service/materials/products/surveys carried out up to the point of cancellation. Customers ordering personalised/bespoke/made to measure items WILL NOT benefit from the 14-day cooling off period.
37. The Company strives to ensure that all materials are of a satisfactory quality and are fit for purpose. Further the Company strives to Undertake all works in accordance with applicable British Standards. In the event of the Customer being dissatisfied with any of the materials or the Works, the Customer must intimate a complaint to the Company in writing within 7 days of discovering such a material defect or workmanship deficiency. The Company will respond to the complaint within 72 hours of receipt of complaint and undertake any remediation work necessary within a reasonable time. If the complaint cannot be resolved, then the Customer may engage the dispute process through the NFRC.
