Terms and Conditions
These Terms and Conditions are the standard terms which apply to the provision of building services by LODRIX LTD to customers who require building services to be provided at their property. Please read them carefully and ensure that you understand and agree to them. If you have any questions, please contact us.
1. General Information
“Agreement” shall mean these agreed Terms and Conditions for the supply of Products and provision of Services.
“Customer” shall mean the person or organisation that orders the Products and Services from the Supplier.
“Supplier” shall mean LODRIX Ltd, registration number 15757949. “Order” shall mean the formal acceptance of the Proposal by the Customer.
“Products” shall mean all Products supplied by the Supplier in the course of this Agreement. “Services” shall mean all Services supplied by the Supplier in the course of this Agreement.
“Property” shall mean the property within or upon which the Installation Site is located.
“Terms and Conditions” shall mean this agreed written contract between the Supplier and the Customer.
“Works” shall mean the work carried out as part of this Agreement and the physical location of the work being carried out.
2. No addition, alteration, substitution or waiver of these terms and conditions will be valid unless expressly accepted in writing by the Supplier or a person authorised to sign on the Supplier’s behalf.
3. If You wish to contact Us with questions or complaints, You may contact Us by telephone at +44 7478104485 or via email at info@lodrix.co.uk
4. Products and Services Specification
4.1 The Products and Services provided by the Supplier to the Customer are those detailed in Order Confirmation of these Terms and Conditions.
4.2 If the Customer wishes to vary any of the Products and Services provided the written consent of the Supplier must be obtained. The Supplier must be informed in writing within 14 days of acceptance of the Order of any changes, alterations, reductions or cancellations.
4.3 The Supplier reserves the right to make additional charges for any agreed written variation to Order Confirmation of these Terms and Conditions.
4.4 Any descriptions, promotional material, drawings or sketches provided by the Supplier or third parties are for illustrative purposes only and to provide an outline of what will be provided, unless agreed in writing between the parties.
4.5 Where necessary the Supplier may have to use alternative materials from alternative sources, as agreed the Customer.
5. Price
5.1 The price for the Products and Services shall be set out in the Order Confirmation. The price shall be inclusive of value added tax (VAT) and such other charges that may apply.
5.2 If the rate of VAT increases between the date of the Order and the date of delivery and/or completion the Supplier will add the necessary additional amount of value added tax to the price of the Products and Services.
5.3 If the price of the Products and Services increases for any other reason between the date of the Order and the date of delivery and/or completion the Supplier will notify the Customer of this. Where possible the Supplier will attempt to source cheaper alternative Products or Services.
6. Payment Terms
6.1 The Payment terms shall be set out in the Order Confirmation.
6.2 If the Customer fails to pay the full payment on the due date then without prejudice to its other rights and remedies the Supplier may charge interest both before and after Judgement on the amount unpaid at the rate of 25% per annum above the Lloyds Bank base lending rate from time to time compounded monthly until payment is made in full with a part of a month being treated as a full month for the purposes of calculating interest.
6.3 Furthermore the Supplier will claim all additional costs (including, but not limited to legal costs) incurred in obtaining payment from the Customer where the Customer is late paying the Supplier.
6.4 Title to the Products comprised in the Order Confirmation shall not pass to the Customer until the Supplier has received payment in full (whether in cash or cleared funds) of all sums due to it in respect of the Garden Building.
7. Delivery and Risk
7.1 Unless otherwise stated in the Order, the price quoted includes delivery to the address specified in the Order Confirmation.
7.2 Whereas the Supplier will try to ensure compliance with any delivery times and dates given, such times and dates are an estimate only. The Supplier will not be responsible for any loss whatsoever arising from or consequential upon delay in delivery.
7.3 Risk in the goods shall pass to the Customer upon delivery.
8. Inspection
8.1 The Customer shall inspect all Products on delivery and notify the Supplier ASAP of any damage or defects.
8.2 The Supplier will replace or repair free of charge any Products proved to the Supplier’s satisfaction to have been damaged in transit provided that such damage is notified to the Supplier or the carriers in writing ASAP upon delivery.
9. Supplier Obligations
9.1 Before starting any Works the Supplier will carry out an inspection to make sure that all Works quoted for are appropriate and practicable.
9.2 The Supplier will carry out all Works in accordance with the Proposal and subsequent Order Confirmation.
9.3 The Supplier will ensure to use in house services and expertise as stated on the Lodrix website.
9.4 The Supplier will ensure that all materials supplied comply with safe building practices and are free from defects when used or installed.
9.5 The Supplier will comply with all relevant health and safety regulations, including (but not limited to) site safety and personal safety of employees and visitors.
9.6 The Supplier will at all times hold appropriate and valid insurance, including public liability insurance.
9.7 The Supplier shall ensure that all Works are carried out with reasonable care and skill and to a reasonable standard.
9.8 The Supplier may at any time refuse or withdraw direct access to the Works where required for health and safety reasons.
9.9 If during the Works any issues are found that require additional time or materials or because of alterations in design, specification or otherwise and this causes an increase in costs the Supplier will send the Customer a further Proposal giving details of the extra costs and will only proceed with the Works once the Customer’s written acceptance has been received.
9.10 The Supplier shall ensure the safe and proper disposal of all waste materials generated by the Works.
9.11 Where required the Supplier shall ensure that all subsequent building inspections of the completed Works are carried out before the Supplier leaves the site.
10. Customer Obligations
10.1 The Customer will permit the Supplier access during normal working hours to carry out an inspection and thereafter to undertake the Works according to the programme set out in the Order Confirmation.
10.2 The Customer will remove all items necessary to allow the Supplier to commence the Works.
10.3 The Customer will obtain all consents, licenses and permissions, (including if necessary planning permission) from landlords, local authorities and others, which are required before the Works can commence and in a timely manner so as not to delay the Works.
10.4 The Customer shall ensure that where required all necessary party wall agreements are entered into prior to commencing the Works.
10.5 Where the Customer is required to provide the Supplier with measurements or other information such measurements or information must be correct. If the Supplier relies on the measurements or information given when preparing the Proposal and such measurements or information are incorrect the Supplier reserves the right to increase the price to make good any errors or additional work required as a result.
10.6 The Customer shall only access the immediate area of the Works with the Supplier’s express permission.
10.7 If the Customer does access the Works they (and any third party under their control) shall observe all relevant health and safety regulations and follow the advice and directions of the Supplier at all times.
11. Warranties and Guarantees
11.1 The Supplier warrants that the Structural Elements of the Products will be free from any significant integral defect for a period of 10 years from the date of the Agreement for purchase. In addition, the Company warrants that upon installation the building shall be free from any significant defect in other materials or workmanship.
11.2 The Supplier warrants that the Works will be carried out using all reasonable skill and care.
11.3 The Supplier guarantees the Products fitted and Services provided shall be free from all defects for a period of 12 months after completion of the Works.
12. Defects and Snagging
12.1 The Supplier will not be responsible for defective Products caused by incorrect storage or handling of the Products by the Customer when on site.
12.2 The Supplier will not be responsible for defective Products and/or Services where caused by the negligence or poor workmanship of third party contractors not employed by the Supplier.
13. Exclusions
13.1 The Supplier shall not under any circumstances be liable for any indirect or consequential loss howsoever caused whether by negligence, breach of contract, misrepresentation or otherwise.
13.2 The Supplier or the Supplier’s insurers shall not be liable or investigate any claim for loss unless the Customer provides written notice within 30 days of its occurrence and gives the Supplier or the Supplier’s insurer every facility to investigate such occurrence.
14. Indemnities
14.1 The Supplier undertakes to indemnify and hold the Customer harmless against all claims, proceedings, costs, expenses, damages and fines arising from the Supplier’s negligent performance, breach or failure to perform its obligations under these Terms and Conditions.
14.2 The Customer will indemnify the Supplier against all claims, costs, damages or fines the Supplier may incur arising from the Customer’s breach of its obligations under these Terms and Conditions.
15. Cancellation
15.1 The Customer may cancel the Order by giving the Supplier written notice of cancellation within 14 days of the Order having been made.
15.2 The Supplier reserves the right to retain the amount of 50% to cover all reasonable expenses already incurred in respect of the Order.
15.3 Any balance owed to the Customer will be refunded within 7-10 days without any further retention.
15.4 If the Customer seeks to cancel the Order outside the cancellation period stated in paragraph 15.1 above the Supplier reserves the right to retain any monies paid by the Customer to cover all reasonable expenses incurred by the Supplier.
15.5 If such retained monies do not cover the reasonable expenses incurred by the Supplier the Supplier reserves the right to seek additional payment from the Customer to cover these reasonable expenses.
16. Termination
16.1 Either party may terminate this Agreement immediately in the event that:
16.1.1 Either party commits a serious, grave or material breach or persistent breaches of this Agreement including non-performance, default or neglect of its duties, responsibilities and obligations under this Agreement, and
16.1.2 Such breach remains unremedied for a period of 30 days from written notice given by the other party specifying the breach and requiring its remedy.
17. Notices
Any notices to be given shall be in writing and be deemed to be given if left at last known address of the Supplier or the Customer as the case may be or sent to the same by first class post or email and shall be deemed to have been received two working days after despatch if sent by post or on receipt of a transmission in legible form on delivery if by hand.
18. Force Majeure
The Supplier shall not be liable to the Customer or deemed to be in breach of these Terms and Conditions because of any delay or failure to perform any of the Supplier’s obligations if the delay or failure was due to any cause beyond the Supplier’s control.
19. Waiver
Failure by either party to enforce any accrued rights under this Agreement is not to be taken as or deemed to be a waiver of those rights unless the waiving party acknowledges the waiver in writing.
20. Assignment
Neither party may assign their rights under this Agreement without the prior consent in writing off the other party.
21. Severance
The paragraphs, sub paragraphs and clauses of this Agreement shall be read and construed independently of each other. Should any part of this Agreement or its paragraphs, sub paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub paragraphs and clauses.
22. Entire Agreement
This Agreement sets out the entire agreement and understanding of the parties and is in substitution of any previous written or oral agreement between the parties.
23. Jurisdiction
Any claim or dispute arising out of these Terms shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.