Terms & conditions

Conditions of Offer

1. Definitions

   1. The Company means Locker & Riley (Fibrous Plastering) Limited, and or Locker & Riley Heritage Limited.
   2. The Buyer means the addressee of this offer or any company who places an order as a result of this offer.
   3. The Works means the goods supplied and/or services offered by the Company.

2. General

   1. The prices offered by the Company are for the works as described in this estimate. Variations to the works in content and quality will result in variations to the prices charged.
   2. Where the Company's offer is based on the information supplied by the Buyer, the Buyer is responsible for the accuracy of this information and the Company will charge for the actual works provided, at their current rates, together with any additional works which were not advised to the Company at the time of preparing this estimate.
   3. Where the works are in accordance with designs provided by the Buyer, no warranty is offered, or imputed by the Company, that the works are suitable for the purpose intended.
   4. The Company concludes contracts for the works subject only to these terms and conditions and not withstanding any qualifications on the Buyers order, or instructions, acceptance of the Company's offer includes acceptance by the Buyer of these conditions unless previously agreed in writing by the Company.
   5. Where the Buyer instructs the Company to proceed with the works, the conditions of this offer will apply, not withstanding any reference to any other contract conditions in the Buyers verbal or written instructions, for all work carried out prior to receipt and acceptance, by the Company, in writing, of the Buyers proposed contract conditions.
   6. The Company will replace or repair, at the Company's discretion, defective works free of charge to the Buyer, provided the Buyer notifies the Company, in writing, within three working days of delivery or fifteen working days of installation (where the works are installed by the Company) and provided such defects have not arisen from damage caused by others, improper handling by others or inadequate storage provided by the Buyer and provided that the Buyer could not have reasonably identified such defects or damage at the time of delivery. Where the Company replaces or repairs works, the Company reserves the right to amend any detail to prevent a reoccurrence of the defect if deemed necessary by the Company. The Company's liability as a result of defective works is limited to the actions described in this paragraph and no additional liabilities will be accepted by the Company for any reason what-so-ever.
   7. The Company's offer is based on deliveries in full loads to the nearest hard road to site. The Buyer is responsible for off loading vehicles and distributing the works as required on site. Where the Buyer requests special delivery requirements not allowed for and indicated on the face of this estimate the Company will charge extra.
   8. Unless otherwise stated, the prices contained in this offer are current and the Company will charge for the works on completion including for all increased costs from the end of the month preceding the date of this estimate.
   9. The Companies responsibility as regards protection of materials provided for the works will cease upon installation. Furthermore if adequate safe secure storage conditions free of charge are not provided for unfixed materials to the Company then responsibility remains solely with the Buyer.

3. Payment

   1. Unless otherwise stated on the face of this estimate, the prices offered are net and do not include for any Value Added Tax which will be charged extra if applicable.
   2. Payment in full is due with order unless the Buyer has established credit facilities with the Company prior to placing the order.
   3. Where the Buyer has been granted credit facilities by the Company payment is due 14 days after the date shown on the Company's invoice or application for payment.
   4. Failure to pay, in full, on due date will result in the Buyer being charged interest on all overdue monies, monthly or part monthly, at a rate of 8% above the current lending rate by the National Westminster Bank Plc.
   5. The Company reserves the right to demand payment in full on delivery.
   6. The Company reserves the right where the Buyer has credit facilities with the Company, to withdraw these facilities without notice where the Buyer has failed to pay for works on due date, and to demand payment from the Buyer by return for all works outstanding whether delivered or held on the Company's premises.
   7. Where the scope of the work exceeds 15 working days the Company will make interim applications for payment at intervals not exceeding 20 working days at the Company's discretion. The Buyer will be responsible for ensuring that such applications are paid in full within 14 days of date on the interim application. Interim applications will include for all work done to the date of application whether the goods are delivered to site or not, together with any other charges included in this offer. Interim applications will also include for any additional charges, variations to contract, non productive overtime and day works which will be due for payment as if they were included in this offer. Should the Buyer fail to pay on due date the Buyer will pay interest charges as described above.
   8. On completion of the works on which interim payments have been made the Company will issue a final invoice for the total value of the works. The Buyer will pay the balance of all monies due within fourteen days of the date on the invoice.
   9. 1. The risk and the works passes to the Buyer upon delivery but the title in the works remains vested in the Company and shall only pass from the Company to the Buyer upon payment being made by the Buyer of all sums due (on whatsoever account or grounds) to the Company or any Company nominated by the Company. In the event of the works being sold by the Buyer in such a manner as to pass to a third party as a valid title to the works, and any such sums are due as aforesaid, the Company's rights under this condition shall attach to the proceeds of such sales, or claim for such proceeds, and the Buyer shall place such proceeds in a separate account. Nothing herein shall constitute the Buyer, the agent of the Company for the purpose of any such sub-sale.
      2. The Buyer agrees that prior to the payment of the whole price of the works the company may at anytime enter upon the Buyers Premises and remove the works there from and that prior to such payment the Buyer shall keep such works separate and identifiable for this purpose.
      3. In the event of the works becoming constituent or being converted into other products and sums are due as provided in sub-conditions (a) hereof the Company shall have the ownership of, and title to, such other products as if they were the works and accordingly sub-condition (b) hereof shall so far as appropriate apply to such other products.

4. Delivery

   1. All delivery dates are estimates only and the time of delivery shall not be of the essence to the contract.
   2. Should the Company be prevented from or hindered in delivering the works or any part thereof by reason of war, riot, terrorism, explosion, fire, flood, strike, lock out, Acts of regulations of Government, shortage of materials or labour or any cause beyond the Company's control the time for delivery shall be extended until the operation of the act preventing or hindering any delivery has ceased.
   3. Should the Company be prevented from delivering part of the works by reason of any of the causes specified in the proceeding sub-clause, the Company shall deliver and the Buyer shall take and pay for such part of the works as the Company shall be able to deliver in accordance with the contract.
   4. The Company shall be entitled to deliver the works in one or more consignment at the Companies sole discretion unless otherwise expressly agreed.
   5. Notwithstanding the provisions relating to the cancellation herein contained if delivery of the works or any of them has not been made within six months of the estimate delivery date agreed in writing, the Buyer shall be entitled by giving written notice to the Company to cancel its order in respect of such works.
   6. In no circumstances shall the Company be liable to compensate the Buyer in damages or otherwise for late delivery or non delivery of the works or any of them or for any loss consequential or otherwise arising therefrom.

5. Special Clauses for Fixing Contracts

   1. The company in preparing its offer has assumed, unless otherwise stated, that the Buyer will provide the following, free of charge to the Company, and in accordance with all statutory regulations where applicable:
      1. Free uninterrupted access to the works area.
      2. Working platforms for the sole use off the Company's employees.
      3. Water, power and light at each working level adjacent to the work area.
      4. Secure and weatherproof storage area adjacent to the work area.
      5. Unloading, hoisting and distributing of the works.
      6. Suitable site welfare facilities.
   2. The Company will carry out the works in a sequence and method most suitable to their business and reserves the right to charge for any costs arising due to actions or instructions from the Buyer which prevent the Company so doing.
   3. The Company do not offer to have a specified number of operatives on site, this offer is to carry out the works in accordance with the details contained overleaf only.
   4. Where the Company is providing a "labour only" service, the Buyer, unless previously agreed in writing by the Company, is responsible for the supervision and direction of the operatives and will be responsible for providing all setting out lines and levels.
   5. The Company, for supply and fax contracts, will be responsible for setting out at each level from datum points and gridlines provided by the Buyer at each level adjacent to the works.

6. Programme

   1. The Company undertakes to carry out the works to mutually agreed programmes, subject to clause D above, but time shall not be of the essence of the contract. Agreed programmes are by way of general information only and in the event of the delay beyond completion date for any cause whether within or without the Company's control shall not be a breach or repudiation of the contract, and the Company shall not be liable for any loss or damage suffered by the Buyer as a result of such delay.
   2. Any programme of works must take into account Bank Holidays, Annual Industry shut down periods and weekends. This offer is made assuming normal hours working (ie: 8.00am to 4.30pm Monday to Thursday and 8.00am to 3.30pm Friday) unless otherwise stated.

7. Variations

   1. Should the Buyer require variations to the works as detailed in the offer, the variations will be priced at the Company's current rates and will be paid on presentation of the invoice or interim application which includes the variation value. The Buyer will not withhold payment for variations to the contract until later valuations or final account.
   2. The Buyer will issue instructions in writing or by issue of drawings for all variations to the contract. However failure to issue such instructions will not release the Buyer from their responsibility to pay, in full, all the variations to the works as detailed in this offer where these could not have reasonable been anticipated at the time of submitting our offer.

8. Acceptance

   1. Acceptance of this offer includes acceptance of all these conditions contained herein. Not withstanding any conditions attached to the Buyers order or letter of intent, and any contract between the Company and the Buyer will be on the basis of this offer unless such conditions have been agreed by the Company in writing.
   2. No contract exists between the Company and the Buyer until such time as the Company acknowledges in writing the Buyers written or verbal instructions.

9. Suspension of Contract

   1. The Company reserves the right to suspend the contract, after giving the Buyer three days notice in writing, should the Buyer fail to observe all the conditions of this offer until such time as the Buyer corrects his default. Any direct or indirect cost reasonably incurred by the Company as a result of suspending the works will be paid by the Buyer to the Company on presentation of such costs.
   2. The Company will not be responsible for any costs incurred by the Buyer as a result of suspension under para (a) above.

10. Termination of Contract

    1. The Company reserves the right to terminate the contract after giving the Buyer seven days notice in writing, should the Buyer fail to observe all the conditions in this offer. The Buyer will pay in full for all work carried out to date and any direct or indirect cost reasonably incurred by the Company as a result of terminating the works within 14 days of presentation by the Company of their account, and such payment will not be reduced by any contra charges for any other cause whatsoever.
    2. The Company will not be responsible for any costs incurred by the Buyer as a result of termination under para (a) above.

11. Law

    1. Any contract between the Company and the Buyer as a result of this offer will be governed by English Law and all disputes will be referred to English Courts.