Terms and conditions
1. This document is intended to contain all the terms upon which the Purchaser agrees to purchase the products described on the sales contracts from the company. Any additional term, condition or verbal agreement should be written down for the purpose of clarity and signed by the Purchaser and the Company’s representative.
2. The Purchaser shall grant the Company’s representative unrestricted access to the premises at all reasonable times for the purpose of taking measurements, of carrying out the works forming the subject of the Contract and for any subsequent remedial work if required. In some cases the Company may need to site skips, ladders, scaffolds or vehicles on the premises in order to complete its contractual obligations. The Purchaser agrees at no cost to the Company to provide such electricity, gas or water to enable the Company to complete the installation and, if necessary, any remedial works. In the event of access being required to neighbouring land it is the Purchaser’s responsibility to ensure that access is granted and the Company shall not be held liable for any delays arising out of the Purchaser’s inability to gain such access.
3. The Purchaser has the right to cancel this agreement as set out in the Sales contract and is referred to the notice of cancellation rights under the heading NOTICE OF CANCELLATION RIGHTS.
4. Where required and as soon as practicable and in any event within 14 days of the date of this agreement as set out in the Sales Contract the Company will arrange an appointment for detailed measurements of the proposed works to be taken by a Representative of the Company(“the survey”) so that the Company may satisfy itself of: (a) the technical viability of the works (b) compliance with current laws and regulations (c) the appropriateness of the price specified in the Sales Contract in relation to (a), (b) above. The Survey will be carried out at the earliest opportunity and not later than 21 after the date of this agreement as set out in the Sales Contract. The time limits provided in this clause are subject to access being provided by the customer in accordance with clause 2 of the Agreement.
5. The Company agrees to supply the products at the price specified in the Sales Contract subject to the Surveyors approval of the feasibility of the work, the site conditions and the correctness of the price. In the event of any modification to the price being required due to the Survey, within 14 days of the Survey the Company shall either cancel the Contract or send the Purchaser a written notice explaining the reason for any modification required to the works or the price. For example, the reason may be due to additional work such as installing a new consumer unit. If the Purchaser does not accept any proposed modifications within 14 days of their notification, the Contract shall be cancelled. Thereafter, the Company reserves the right to cancel the Contract only in the even of unsatisfactory credit reference(s) being obtained in respect of the Purchaser or in accordance with clause 7.
6. If the Contract is cancelled in accordance with clauses 3 or 5 of the Sales Contract any deposit paid shall be returned to the Purchaser in full.
7. If the Contract is cancelled in accordance with clause 6 the company will refund such money as appropriate having taken into account the value (net of VAT) to cover the work done and services rendered including planning applications.
8. If the Purchaser cancels the contract otherwise than in accordance with these terms and conditions, the Company reserves the right to charge the following, which represents the losses and expenses incurred by the Company prior to cancellation: (a) 25% of the total contract price where the Purchaser cancels prior to the commencement of the survey. (b) 30% of the total contract price where the Purchaser cancels after commencement of the survey but prior to the company ordering the goods. (c) 80% of the total contract price where the Purchaser cancels after the ordering of goods but prior to commencement of the installation.
9. Representatives’ and product samples and photographs are used to demonstrate a typical unit and its composition. No guarantee is given that the units supplied will conform precisely with the samples. The Company reserves the right to make minor non-aesthetic alterations to the specification of the products described in the Sales Contract.
10. Unless otherwise agreed in writing the Company will not undertake the re-siting of gas, electrical, wiring or plumbing, or telephone installations.
11. If the specified works are not completed within the delivery period quoted to the Purchaser, the Purchaser may serve written notice on the Company requiring that the works be completed within a reasonable period, being in any event not less than 6 weeks, as the Purchaser may specify(“the Completion Notice”). If the work is not completed within that extended period the Purchaser may cancel the Contract by serving written notice of the cancellation on the Company. The Company recommends that the notice is sent by Recorded Delivery. Not withstanding the foregoing: (a) the Company shall not be liable for any delay in the completion of the work which arises from causes beyond the reasonable control of the Company. Where a Completion Notice has been served that Notice shall be automatically extended to take into account any such delays that have occurred; and (b) the Purchaser shall remain liable to pay for such part of the work as has been completed in cases where the Purchaser cancels the Contract part completed.
12. The Company’s formal written guarantee will be sent to the Purchaser upon receipt of the balance payable on completion. The Company provides the following guarantee periods subject to the exclusions in this clause 12:
i. Various depending on product but from 2 to 5 years – workmanship warranty covering all parts and labour.
ii. Manufacturer’s warranty covering all products. The Company undertakes to repair or replace free of charge any product manufactured or supplied by the Company which prove defective as a result of faulty materials or workmanship from the date of installation during the specified guarantee period. Any work carried out on replacement units supplied within the guarantee period under the terms of the Company’s guarantee will also be covered by the guarantee, but only for the remainder of the guarantee period. The Company accepts no liability in respect of the following: (a) Damage due to purchaser, animals, insects, rodents or others, accident, storm, flood, neglect, fire, mis- use, faults or premature deterioration which result from the Purchaser’s failure to comply with the any company supplied maintenance or instruction guide to also include verbal instruction. (b) Damage caused by movement, expansion or contraction of ground or soil, due to underground or mine workings, climatic changes, water content, or tree root activity. (c) Damage to the product attributable to the failure of foundations or structure when these have not been constructed by the Company. (d) Minor defects to plasterwork or brickwork due to settlement. (e) Damage or deterioration to the product arising out of normal wear and tear in the home, pollution and the effect of sea or salt water. (f) Product which is no longer manufactured (g) In respect to air source heat pump installations we do not guarantee any and all existing pipe-works or associated parts such as existing radiators. This does not affect the Company’s obligation to exercise reasonable care and skill when performing the contract and to use products that are of satisfactory quality and fit for the purpose.
13. If the Purchaser sells the property, the Company will on request transfer the unexpired portion of the Guarantee to the new owner provided that the transfer fee of £35 inclusive of VAT is paid. The Company reserves the right to make a reasonable increase to the transfer fee on an annual basis. The request for transfer must be made within 30 days of completion of the sale to allow the Company to advise the new owner of their maintenance obligations. Failing this, the Company reserve the right to charge the new owner for an inspection of the installation prior to transferring the guarantee. A replacement guarantee certificate will be issued by the Company on request if the original guarantee certificate is lost or destroyed at a cost of £20 inclusive of VAT.
14. The Company will make good any damage caused during the installation to plaster, floors, rendering or brickwork immediately surrounding any product installed. The Company does not undertake to avoid damage to any existing decorations which is reasonable commensurate with the carrying out of the installation in the usual way. The Company accepts to responsibility for any damage resulting from structural or other defects in the property at which the installation is carried out but any complaint or claim by the Purchaser for compensation for damage done by the Company must be made in writing to the Company.
15. The balance is payable on completion of the installation or on delivery where the contract is for supply only. Payment shall be way of cash, credit card or cheque made payable to Light Group Holdings Ltd cross “A/C payee only”, or, in the case of finance the relevant signed Completion Note. Credit card payments will be accepted provided that the Purchaser pays a 3% surcharge to cover charges levied against the Company by the credit card company. If the payment is not made on the due date in accordance with this clause, the Company shall have the right to require payment of interest on the outstanding amount at a rate of 3.5% above the base rate of Barclays Bank plc and will accrue on a daily basis from the due date until the date of actual payment. Any variation in the applicable rate of VAT or where no VAT is shown as chargeable, any imposition of VAT after the date of the Contract will be passed onto the Purchaser. Further, the Company may refuse to provide any further services under the Agreement until such time as any outstanding payment has been paid in full and shall not be liable for any delays caused as a result.
16. Where a Purchaser is arranging finance for the product the Company reserves the right to defer commencement of manufacture until the Purchaser has produced a written Offer from the Building Society, Bank Finance House or other lender.
17. By signings the Sales Contract, the Purchaser confirms that he is the owner of the property at which the installation is to take place and that he has complete authority to enter into this agreement. The Purchaser will also be asked to confirm this on survey. The Company is only prepared to contract with the Purchaser on this basis. The Company reserves the right to carry out checks to verify the ownership of the property. If the Company discovers that the Purchaser is in breach of this clause, the Company may in its absolute discretion: (a) Cancel the Agreement, in which case the Purchaser shall be liable to the Company for all costs incurred to date. (b) Continue with the Agreement provided that the Purchaser makes such stage payments as are reasonable taking into account the costs that have been or will be incurred by the Company in performing the Contract.
18. The Contract price set out in the Sales Contract is inclusive of VAT at the prevailing rate as at the date of this Contract, unless the Contract is noted as being VAT exempt on the Sales Contract. Any variation in the applicable rate of VAT or, where no VAT is shown in the Sales Contract as chargeable, any imposition of VAT after the date of the Contract in the Sales Contract will be passed to the Purchaser.
19. The products remain the property of the Company at all times unless paid for in full by the customer. The Company reserves the right to remove the products at reasonable notice if the customer fails to pay the agreed sum(s) as set out in the Payment Terms in the Sales Contract. Furthermore, if costs are incurred during the removal of any products due to non-payment by the customer, the Company reserves the right to charge the customer for those extra costs.
20. In respect of supply only contracts, the Company’s guarantee applies to products which have been supplied and installed by the Company. When the Purchaser or a third party installs the product, the guarantee under this contract is limited to the Product only. Should the Product become defective as a result of faulty materials and require a replacement component, our responsibility would be limited to supplying the replacement component only. The Company will take no responsibility for installation work performed by the customer or a third party. As such visits to the Purchasers property during or after installation would be chargeable whatever the reason.
21. Alterations to the installed system by any person not authorised by Light Group Holdings Limited shall void the company warranty and the companies duty to provide technical assistance and service. Alterations also include servicing and inspecting by a non authorised individual.
NOTICE OF RIGHTS OF CANCELLATION The Purchaser has the right to cancel this Agreement with Light Group Holdings Ltd if he wishes and that right can be exercised by sending or taking a notice of cancellation to Light Group Holdings Ltd, One Oaks Court, Warwick Road, Borehamwood, WD6 1GS and via email to email@example.com within the 14 days following the date of signing the Sales Contract being the date the contract was made. The Purchaser’s name and reference number can be found in the Sales Contract or the Purchaser may use this cancellation form provided if he wishes.