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Terms and Conditions
tThe following terms set out the terms on which Advanced Loft Ladders (‘we’) supply and install loft ladders, loft flooring and loft windows. You should be aware that these terms are our standard terms of business upon which we intend to rely. For your own benefit and protection you should read these terms carefully because we intend that these terms will govern the contract between us. If you do not understand any point please contact us so that we can provide further information to you.
1. Installation
1.1 Before ordering any particular product from us you must ensure that the product that you wish to order is suitable for your particular needs.
1.2 You must keep clear all areas of access around your loft so that we can safely carry out the installation work.
1.3 You are responsible for ensuring that our fitters can freely park their vehicle at or near to the premises where any installation work is being carried out. You must arrange any relevant parking permits and failure to do so may result in our fitters passing on the cost of any parking fines incurred to you.
1.4 If we install loft flooring we may ask you to remove heavy items from areas of the loft in which we are required to work.
1.5 If we install Velux windows you are responsible for obtaining any necessary local authority, landlord or any other consents and/or permissions that may be required in respect of your property.
1.6 Before we enter your lost space you must ensure that the loft area is safe and vermin free. You must inform us before we commence any work if there are any bats present in the loft area in which work is required to be carried out.
2. Price and Payment
2.1 The price for the products and any installation or other works to be carried out will be the price we quote to you at the time that you place the order.
2.2 The price that we charge will include any applicable VAT for which you are liable to pay.
2.3 Unless otherwise agreed payment must be made by cash or cheque immediately after we have completed the installation and must be paid without counterclaim, set off or any other such deduction.
2.4 We shall charge interest at the rate of 8% above the base rate of the Bank of England from time to time on any unpaid sums from the date that payment was due to the date that we receive payment, which shall be applicable both before and after judgement.
3 Risk and Title
3.1 The goods that we supply to you will be at your risk from the time that the goods are delivered to your premises.
3.2 Ownership of any loft ladders and windows only passes to you when we receive full payment of all sums due in respect of all the goods that have been installed.
4 Warranty
Provided that you use and maintain the products in accordance with the instructions given to you by us or contained in any manufacturer instruction manual we shall guarantee our workmanship and products for a period of 3 years. This means that provided that you use our products in accordance with the warranty conditions we shall at our option either repair, replace or rectify any faulty workmanship or faulty products.
5 Our Liability
5.1 The products installed by us are only suitable for use as new or additional storage space and are not suitable for use as a loft conversion to provide accommodation for living, sleeping or playing.
5.2 Apart from any damage directly caused by our negligence, we shall not be liable to you for any damage which arises as a direct or indirect consequence of the age or condition of the structural elements or decor of the property.
5.3 Apart from where we accept liability under these terms and conditions, we shall not be liable to you in any way for any loss or damage that you suffer or incur as a result or consequence of you using the loft space for anything other than storage purposes.
5.4 Save where clause 5.5 applies, our total liability to you for any loss or damage that you suffer or incur is strictly limited to a replacement or repair of the item that was damaged or lost through our negligence and where this is not possible our total liability to you shall be shall limited to the price paid for the installation.
5.5 Nothing in this clause affects your statutory rights or limits our liability to you for;
5.5.1 for death or personal injury caused by our negligence;
5.5.2 under section 2(3) of the Consumer Protection Act 1987;
5.5.3 for fraud or fraudulent misrepresentation; or
5.5.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
6 Notices
All notices given by you to us must be given to us by writing to the address set out on our invoice. Notice will be deemed received and properly served three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post. We do not accept service by e-mail.
7 Waiver
If we fail at any time to exercise any of the rights or remedies to which we are entitled this shall not constitute a waiver of such rights or remedies and we shall continue to be entitled to exercise such rights.
8 Severability
If any of these terms and conditions or any provisions are deemed by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
9 Entire Agreement
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of these terms.
10 Law and Jurisdiction
The contract between us shall be governed by English law. Any dispute or claim arising out of or in connection with the contract between us (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
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