1. Definitions:
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 Loft Conversions North, who will 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 carrying out 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 costs.
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 (VAT).
2.2. The Quote may be accepted at any time within 30 days from the date of the Quote. If not accepted within this period, the Quote shall lapse. If accepted within 30 days, the Contractor may:
2.2.1. Revise the Quote price and/or specification if delays caused by the Customer prevent the work from proceeding.
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 subcontractors. Disputes arising from such subcontracted work will not justify 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 Customer’s 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. The Customer will provide unrestricted access to the premises to the Contractor to undertake the Services.
2.4.3. The Contractor has the use of all necessary facilities at the Customer’s property to undertake the Services.
2.4.4. Any additional costs incurred due to the Customer not strictly observing this clause may result in additional charges for which the Customer shall be liable.
2.4.5. The Contractor will not be liable for any fines, enforcement notices, additional costs, etc., incurred due to the Customer’s failure to strictly observe this clause.
2.5. Any defects or deficiencies found in the existing property, land, flues, existing system, etc., which require attention for the satisfactory completion of the Services, or to satisfy building control requirements, and are 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 necessary areas before the Contractor commences the Services, including all furniture, personal items, floor coverings, etc., that must be removed to allow the Services to commence. The Contractor shall take every care during the work, but 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 upon receipt of the payment request. The Contractor will issue stage payment requests as per the stages set out in 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 labor costs to account for the elements of the total cost that include and exclude VAT. 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, the Contractor shall be entitled to charge the Customer interest on all overdue amounts. The interest shall be calculated daily at the Barclays plc base rate until payments are made in full.
3.6. Snags are inevitable in construction projects and will be addressed accordingly throughout the build. Stage payments should not be delayed due to snags. As specified in the Quote and the payment schedule, the final retention payment is there for the Customer’s peace of mind that any snags will be addressed. The retention payment is not a large sum as most 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. Services:
4.1. The Contractor shall make every endeavor 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 completed sooner than expected.
4.2. Site conditions can dictate changes to the design and dimensions of the loft conversion. In such events, 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 events, the Contractor, with the agreement of the Customer, shall supply a satisfactory and reasonable alternative item. Any price difference 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 receive any cost deductions as a result.
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 the 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 Contractor’s bailee; and
5.2.2. Store the Goods on-site in a proper manner in conditions that 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 Contractor’s and/or manufacturer’s oral or written instructions.
6.3. The Contractor will use its reasonable endeavors 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 or loss arising from any breach of this Agreement or any defect in the Goods.
6.4. If the Customer establishes (to the Contractor’s 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 6 years from the date of the guarantee; and
6.6.2. Plumbing labor and electrical labor undertaken by the Contractor as per the Agreement for 12 months; and
6.6.3. Plumbing and electrical fittings supplied by the Contractor for 12 months as per the manufacturer’s guarantee.
6.7. If any incidental replacement product/fitting/work is required, this will be subject to the relevant manufacturer’s guarantee.
6.8. The written guarantee excludes:
6.8.1. Water leakage in respect of minor roof leaks or defects in any existing building or structure that may affect the new loft conversion; and
6.8.2. Damage arising from misuse of the Services and/or Goods; and
6.8.3. Blocked drains or service pipes; and
6.8.4. Routine maintenance and servicing of plumbing/electrical systems, decorations, or the like.
6.9. This clause sets out the Customer’s sole remedy for any defect in the Goods and/or Services.
7. Liability:
7.1. The Contractor’s liability under or in connection with this Agreement whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise shall not exceed the total Agreement cost.
7.2. Nothing in this Agreement excludes or limits the liability of the Contractor for:
7.2.1. Death or personal injury caused by the Contractor’s negligence; or
7.2.2. Fraud or fraudulent misrepresentation; or
7.2.3. Any other matter which it would be unlawful to exclude or limit the Contractor’s liability.
7.3. Subject to Clause 7.2, the Contractor shall not be liable to the Customer for any indirect, special, consequential, or economic damage or loss (including but not limited to loss of profit, loss of use, loss of data, loss of contracts, and loss of business) however caused.
8. Termination:
8.1. Without prejudice to any other rights or remedies, either party may terminate this Agreement at any time by giving written notice to the other if the other party commits a material breach of this Agreement and fails to remedy such breach (if capable of remedy) within 30 days of being given written notice of the breach.
8.2. Upon termination of this Agreement, for whatever reason, the Customer shall immediately pay to the Contractor all sums due and payable under the Agreement up to and including the date of termination.
9. General:
9.1. Any failure or delay by either party in exercising any right or remedy provided under this Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict its further exercise.
9.2. If any provision or part-provision of this Agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Agreement.
9.3. This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.
9.4. No variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorized representatives).
9.5. This Agreement shall be governed by and construed in accordance with the laws of England and Wales, and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.
Schedule of Works for Loft Conversion:
1. Preliminaries:
Obtain necessary permissions and approvals.
Ensure all structural surveys and assessments are complete.
Finalize design and layout plans.
2. Site Preparation:
Clear the area of any obstructions.
Set up scaffolding and protective coverings as required.
3. Structural Modifications:
Strengthen floor joists and rafters as needed.
Install necessary structural supports.
4. Roof Works:
Install dormers and/or roof windows as per design.
Apply waterproofing measures.
5. Insulation and Ventilation:
Install insulation materials.
Ensure proper ventilation systems are in place.
6. Internal Construction:
Construct walls and partitions.
Install stairs and access points.
7. Plumbing and Electrical:
Lay plumbing lines for bathrooms and other facilities.
Install electrical wiring and outlets.
8. Finishing:
Apply plastering to walls and ceilings.
Fit windows and doors.
9. Final Touches:
Install flooring and skirting boards.
Complete any remaining paintwork and decoration.
10. Inspection and Handover:
Conduct final inspections to ensure all work meets required standards.
Provide the Customer with a completion pack, including guarantees and certificates.
Payment Schedule:
1. Initial Deposit:
Payable upon acceptance of the Quote to secure the booking and cover initial costs.
2. Stage Payments:
Payment 1: Upon completion of preliminary works.
Payment 2: Upon completion of structural modifications.
Payment 3: Upon completion of roof works.
Payment 4: Upon completion of insulation and ventilation.
Payment 5: Upon completion of internal construction.
Payment 6: Upon completion of plumbing and electrical.
Payment 7: Upon completion of finishing.
Payment 8: Upon final inspection and handover.
3.Retention Payment:
A small percentage held back until all snags are addressed, payable within 30 days after completion.