ANOTHER LEVEL LOFT CONVERSIONS (NW) LTD
TERMS & CONDITIONS:
In this Agreement the following words have the following meanings:
“Agreement” means the contract between the Customer and the Contractor as described in these terms of business and the Quote;
“Contractor” means Another Level Loft Conversions (NW) Ltd who is to provide the Services to the Customer;
“Customer” means the person(s) who proceeded with the Agreement and will purchase the Services from the Contractor;
“Goods” means as described in the Quote and all incidental materials used for the carrying out of the Services;
“Services” means any work carried out by the Contractor as described in the Quote;
“Quote” means the proposal documentation issued by the Contractor that sets out the Services and cost.
2. Quote and Price:
2.1. The price for the loft conversion shall be detailed in the Quote and shall show, where applicable, both exclusive and inclusive of any value added tax.
2.2. The Quote may be accepted at any time within a period of 30 days from the date of the Quote and, if not accepted within such a period, the Quote shall lapse. In the event of the Quote being accepted within a period of 30 days, the Contractor may:
2.2.1. Revise the Quote price and/or specification if they are unable to proceed with the work on account of delays caused by the Customer.
2.3. Unless stated otherwise, the Quote does not cover any work by other Contractors. If work by other Contractors is specified within the Quote, the Contractor reserves the right to nominate sub-contractors. Any disputes arising from such sub-contracted work will not be reason for withholding payment for other work included in the Quote.
2.4. The Quote is provided and the Services are undertaken by the Contractor on the understanding that:
2.4.1. It is the Customers responsibility to ensure all necessary approvals, party wall agreements, planning permissions, etc. are in place before the Contractor starts the loft conversion;
2.4.2. Unrestricted access to the premises will be given by the Customer to the Contractor in order that the Services may be undertaken;
2.4.3. The Contractor has the use of all necessary facilities at the Customers property in order that the Contractor can undertake the Services;
2.4.4. Any additional costs incurred as a result of the Customer not strictly observing this clause may result in additional charges of which the Customer shall be liable for;
2.4.5. The Contractor will not liable for any fines, enforcement notices, additional costs, etc. incurred as a result of this clause not being strictly observed by the Customer.
2.5. Any defects or deficiencies found to the existing property, land, flues, an existing system, etc. which require attention for satisfactory completion of the Services, or to satisfy building control requirements, and is not specifically referred to in the Quote, shall be the responsibility of the Customer. If the Customer arranges for any part, or the whole, of such work to be carried out by the Contractor it shall be the subject of a separate Quote and payment schedule. The Contractor reserves the right to refuse to undertake the Services.
2.6. The Customer undertakes to clear all the necessary areas before the Contractor commences the Services which, for the avoidance of doubt, includes all furniture, all personal items, all floor coverings, etc. that must be removed to allow the Services to commence. The Contractor shall take every care during the carrying out of the work, however, the Quote does not include any subsequent incidental re-decoration / re-furnishing upon the proper execution of the Services.
3. Payment Terms:
3.1. Stage payments are due immediately on receipt of the payment request. The Contractor will issue stage payment requests as per the stages set out on the payment schedule in the Quote. Stage payments will not be broken down further.
3.2. The majority of stage payments will be split between the Contractor and the relevant labour costs to allow for the elements of the total cost that include and exclude value added tax. For the avoidance of doubt, the Contractor guarantees the full Agreement regardless of who the Customer has paid on each stage payment.
3.3. Time for payment shall be of the essence.
3.4. No payment shall be deemed to have been received until the Contractor has received clear funds and signed off the stage payment.
3.5. If any sum from the Customer to the Contractor under the Agreement is not paid as requested, then the Contractor shall be entitled to charge the Customer interest on all overdue amounts. The interest shall be calculated on a daily basis at the Barclays plc base rate until payments are made in full.
3.6. Snags are inevitable in construction projects and they will be addressed accordingly throughout the build. Stage payments should not be delayed due to snags. As specified in the Quote and on the payment schedule, the final retention payment is there for the Customers peace of mind that any snags will be addressed. The retention payment is not a large sum as the majority of snags are addressed throughout the conversion rather than left until the end of the project. Any snags outstanding at the end of a loft conversion are usually minor therefore a large retention payment is not warranted.
4.1. The Contractor shall make every endeavour to carry out the Services within the estimated time period. The estimated time period is given as a guide only and the Services may take longer to complete. Similarly, the Services may be complete sooner than expected.
4.2. Site conditions can dictate changes to the design and dimensions of the loft conversion. In such event the Contractor will try to keep the design and dimensions as close as possible to the plan wherever structurally feasible.
4.3. Due to lack of availability, manufacturer modifications or changes in the design of Goods or materials, the Contractor may not be able to supply the equipment originally specified in the Quote. In such event the Contractor, with the agreement of the Customer, shall supply a satisfactory and reasonable alternative item. Any price difference as a result will be added to, or deducted from, the Agreement cost; the Customer is responsible for any additional costs incurred in such instances and will also be in receipt of any cost deductions as a result of this clause.
4.4. Where drawings are submitted with the Quote, they are for illustration purposes only. They should not be relied upon by the Customer and they are not prepared to specifically show the type or precise position of construction, installation, etc.
5. Title and Risk:
5.1. Full legal, beneficial and equitable title to, and property in, the Goods shall remain vested in the Contractor even if they have been delivered to site, installed, etc. until:
5.1.1. Payment in full cleared funds for all the Goods and associated Services have been received by the Contractor; and
5.1.2. All other money payable by the Customer to the Contractor under the Agreement, or for any additional works agreed, has been received by the Contractor.
5.2. Until full legal, beneficial and equitable title to, and property in, the Goods passes to the Customer, the Customer shall:
5.2.1. Hold the Goods on a fiduciary basis as the Contractors bailee; and
5.2.2. Store the Goods on site in a proper manner in conditions which adequately protect and preserve the Goods.
5.3. The Contractor may at any time, on demand and without prior notice, repossess and resell the Goods if any sum due to the Contractor from the Customer under the Agreement, or under any additional works agreement, is not paid when due.
6. Guarantees and Exclusions:
6.1. Subject to Clause 6.2, the Contractor guarantees that all Goods and materials supplied by them, if ordered by description and/or specification, shall correspond to that description and the Contractor warrants that the Goods shall be of satisfactory quality and fit for purpose within the meaning of The Consumer Rights Act 2015.
6.2. The Contractor shall not be held in breach of this Agreement, and shall not be liable to the Customer for any loss (financial or otherwise) or damage suffered or incurred by the Customer or any third person as a result of:
6.2.1. The absence of any approvals, etc. required to be obtained by the Customer; or
6.2.2. The incompetence of any third-party consultant, professional adviser, contractors, person, etc. appointed by the Customer and/or Contractor to provide services at the Customer’s specific request; or
6.2.3. Any defects arising from the Customer failing to follow the Contractors and/or manufacturers oral or written instructions.
6.3. The Contractor will use its reasonable endeavours to assign the benefit of any warranty it receives from its supplier to the Customer where relevant but, subject to clause 6.1, shall not be liable for any claim, or claims for any damages whether direct, indirect, special or consequential, or economic damage of loss arising from any breach of this Agreement or any defect in the Goods.
6.4. If the Customer establishes (to the Contractors reasonable satisfaction) that the Contractor has failed to perform the Services in accordance with this Agreement, then the Contractor shall, at its option, remedy such breach by re-executing the relevant part of the Services free of charge; the Contractor will not offer compensation (monetary or otherwise) in the event of remedying Services.
6.5. Upon completion of the Agreement and when all stage payments have been received the Contractor shall provide the Customer with a completion pack containing the documents relevant to the Agreement including, but not limited to, the written guarantee and the final certificate.
6.6. The written guarantee covers:
6.6.1. All structural work undertaken by the Contractor as per the Agreement for a period of 6-years from the date of the guarantee; and
6.6.2. Plumbing labour and electrical labour undertaken by the Contractor as per the Agreement for a period of 12-months; and
6.6.3. Plumbing and electrical fittings supplied by the Contractor for a period of 12-months as per the manufacturers 12-month guarantee.
6.7. If any incidental replacement product / fitting is required under the guarantee but is not available, the Contractor reserves the right to replace the original defective product with a similar product.
6.8. The written guarantee does not cover wear and tear, accidental damage, vandalism, natural disasters, storm damage, weather damage, damage and/or faults arising from existing faults and/or faults to the existing property, rectification of settlement cracks, re-decoration and/or re-furnishing, etc. following any damage and/or faults and/or remedying of Services. This list is not exhaustive.
6.9. The written guarantee is not transferable to new owner(s) of the property and applies only to the Customer named in the Agreement.
6.10. Where Agreements include electrical works an electrical certificate will be produced to certify the electrical works carried out under the Agreement. The Contractor is not responsible or liable for any delay with the issuing of the electrical certificate. The electrician will issue the electrical certificate within their normal timescales which can be longer during busy periods.
6.11. The appointed building control company will issue a final certificate once all works have been satisfactorily completed. The Contractor is not responsible or liable for any delay with the issuing of the final certificate. The building control company will issue the final certificate within their normal timescales which can be longer during busy periods.
7. Termination and Consequences of Termination:
7.1. The Contractor may immediately terminate this Agreement without notice and without payment of compensation or other damages caused to the Customer solely by such termination by giving verbal notice or written notice (by way of email or letter) if any one or more of the following events occurs:
7.1.1. The construction of the loft conversion is not within the Contractors capabilities and it is not in the best interest of both parties for the Contractor to proceed with the build;
7.1.2. The Customer fails to remedy, or persists in, any breach of the Agreement by failure to pay a stage payment after the Contractor has requested such payment verbally or in writing (by way of email or letter);
7.1.3. Any sum payable under this Agreement is not paid by the Customer within 7 days of the initial request.
7.2. Providing works have not started and are not due to start within 90 days, the Customer may terminate this Agreement without payment of compensation, or other costs outlaid by the Contractor, by giving verbal notice or written notice (by way of email or letter). The Contractor is not liable for, and will not refund, any costs outlaid by the Customer up to, and including, the date of termination of the Agreement by the Customer. If the proposed start date is within 90 days from the date of termination of the Agreement, the Contractor can, at its discretion, invoice the Customer for any fees outlaid to date pursuant to the Agreement.
7.3. If works have started and the Customer notifies the Contractor in writing (by way of email or letter) of any snags / works requiring rectification, the Contractor must reply to the Customer either verbally or in writing (by way of email or letter) within 30 days either with a plan for rectification or a response to queries raised by the Customer. If rectification works are agreed, the Contractor will endeavour to arrange for them to be addressed as soon as possible.
7.4. If the Contractor fails to reply to the Customer within 30 days as per clause 7.3, or if a mutual agreement for the rectification works cannot be agreed upon, the Customer may terminate the Agreement. If termination of the Agreement occurs in this instance, the Contractor shall immediately submit the final payment to the Customer setting out the total amounts due pursuant to the Agreement. Following termination of the Agreement, the Customer will:
7.4.1. Assume full responsibility for all works undertaken to date by the Contractor and any outstanding works required to complete the conversion;
7.4.2. Be responsible for testing and/or certifying any gas and/or electrical works;
7.4.3. Be responsible for any approvals included in the Agreement, whether complete or otherwise;
7.4.4. Be responsible for arranging any outstanding site inspections with building control;
7.4.5. Forfeit the Contractors guarantee;
7.4.6. Take no action against the Contractor.
8.1. The Contractor reserves the right to delay the commencement date of the Services if it is prevented from, or delayed in, carrying out its obligation under the Agreement due to circumstances beyond the control of the Contractor including, but not limited to, staff absence, staff delays, strikes or other labour disputes, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, restraints or delays affecting a suppliers inability, or delay, in obtaining supplies of adequate or suitable materials.
8.2. In the event of a commencement date being delayed by the Contractor for a period in excess of 90 days, the Customer shall be entitled to give notice in writing (by way of email or letter) to the Contractor to terminate the Agreement. The Customer will not receive any refunds for any payments made to date and the Contractor will not invoice the Customer for any additional costs outlaid to date.
8.3. In the event of a commencement date being delayed by the Contractor for a period of less than 90 days, the Customer shall be entitled to give notice in writing (by way of email or letter) to the Contractor to terminate the Agreement. In such an event, the Customer will not receive any refunds for any payments made to date and the Contractor will invoice the Customer for any costs outlaid to date pursuant to the Agreement.
8.4. The Agreement sets out the entire agreement and understanding between the Customer and the Contractor in connection with the provision of the Services and Goods and shall supersede and replace all documentation previously issued by the Contractor purporting to set out its terms and conditions.
8.5. The Customer should not directly approach any staff or tradesmen appointed by the Contractor to carry out additional works. The Contractor covers the Services and Goods included in the Agreement under the guarantee and there is an element of the guarantee in every aspect of the work undertaken in accordance with the Agreement. If the Contractor finds that any tradesmen (i.e. joiners, electricians, etc.) appointed by the Contractor have carried out additional works without approval from John Mee or Kate Birch, they will be dismissed with immediate effect and works will be paused until another available joinery team, etc. can complete it. If any unauthorised additional works affect the building control certification it is the Customers responsibility to address it and fund it; the Contractor will not deal with, rectify, or guarantee any works that have not been authorised and that are not part of the Agreement. If additional costs are incurred for appointing new tradesmen, the additional costs shall be the responsibility of the Customer. If any additional works are undertaken without approval from John Mee or Kate Birch then that aspect of the guarantee will become void, i.e. if additional electrics are undertaken without approval then all electrical items will be removed from the guarantee whether included in the Agreement or not.
8.6. The Contractor can recommend tradesmen to carry out services not included in the Agreement if requested by the Customer. In the event the Contractor recommends such tradesmen, e.g. tiler, etc. it is the Customers responsibility to liaise with such tradesmen. The Contractor shall not be responsible for any disputes, financial or otherwise, arising from Goods supplied, or Services carried out, by any recommended tradesmen.
8.7. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement. No other person who is not a party to this Agreement (including any employee, officer, agent, representative or subcontractor of either party) shall have the right (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise) to enforce any term of this Agreement which expressly, or by implication, confers a benefit on that person.
8.8. If at any time one or more of the terms of the Agreement (or any sub-clause or paragraph or any part of one or more of these Conditions) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from the Agreement and the validity/or enforceability of the remaining provision of the Agreement shall not in any way be affected or impaired as a result of that omission.
8.9. Normal working hours is usually between the hours of 8:30am and 5pm, Monday to Friday and excluding Bank Holidays. Factors that may cause the normal working hours to change are, staff sickness, weather, traffic, daylight hours, etc. On occasions, some tradesmen may request to work weekends; this is at the discretion of the Customer. The Contractor’s office is closed at weekends.
9. Our complaints policy:
We are committed to providing a high-quality service to all our customers. When something goes wrong, we need you to tell us about it. This will help us to improve our standards. If you have a complaint, please contact us with the details. What will happen next?
1. We will send you a letter acknowledging receipt of your complaint within 21 days of receiving it, enclosing a copy of our Terms and Conditions.
2. We will then investigate your complaint. This will normally involve passing your complaint to our Director, John Mee, who will review your matter and speak to the relevant person who carried out the work.
3. John Mee will then arrange a meeting to discuss, and hopefully resolve, your complaint. He will do this within 21 days of sending you the acknowledgement letter.
4. Within 7 days of the meeting, John Mee will write to you to confirm what took place and confirm any solutions he has agreed with you.
5. If you do not want a meeting or if a meeting is not possible, please let us know. John Mee will send a written reply to your complaint, including his suggestions for resolving the matter, within 21 days of sending you the acknowledgement letter.
6. At this stage, if you are still not satisfied, you should contact us again and we will arrange to review the decision.
7. Within 14 days of receiving your request for a review, John Mee will contact you confirming our final position on your complaint and explaining our reasons.