1. GENERAL

(a) In these terms and conditions, the Company shall mean SKD Loft Conversion Specialists LTD and the customer shall mean the person or persons whose name or names is shown on the contract.

(b) No servant representative or other agent of the Company has any authority whatsoever to vary the terms and conditions of this order. All variations are to be confirmed in writing and require the signature of the Contracts Manager or Proprietor to be binding on the Company.

2. ACCEPTANCE OF ORDER

(a) Planning Permission – The Company shall take all steps necessary in connection with the preparation and submission of plans to the relevant planning authority for the purpose of obtaining planning approval if the contract is cancelled by reason of either:

(i) the fact that planning permission is refused in which case the contract shall be deemed to have been cancelled; or

(ii) the fact that planning permission is not granted within three months of the submission of plans by the Company to the relevant planning authority in which case the Company may as its sole option cancel the contract by notice in writing at any time thereafter prior to approval being granted,

The customer shall pay the Company either in cash or by deduction from any deposit taken a sum equal to 5% of the contract price in reimbursement of the cost of work performed by the Company and of professional and other charges incurred for surveying the property and drawing up of the plans but subject thereto no rights or liabilities shall accrue to either party by reason of such cancellation and the customer shall be entitled to the return of the balance of any deposit take.

(b) Building Regulation Consent – The Company shall take all steps to necessary in connection with the preparation and submission of plans to the relevant Local Authority for approval pursuant to the Building Regulations. If the contract is cancelled by reason of either:

(i) the fact that the Building Regulation consent is refused in which case the Company may at its sole option cancel the contract by notice in writing or make such alterations or further alterations as are necessary for the purpose of obtaining consent (providing that such alterations do not materially affect the requirements of the customer as expresses by the within written order); or

(ii) the fact that Building Regulation consent is not granted within three months of the submission of the plans by the Company to the relevant Local Authority in which case the Company may at its sole option cancel the contract by notice in writing at any time thereafter prior to consent being granted,

The customer shall pay the Company either in cash or by deduction from any deposit taken a sum equal to 5% of the contract price in reimbursement of the cost of work performed by the Company and of professional and other charges incurred for surveying the property and drawing up of the plans but subject thereto no rights or liabilities shall accrue to either party by reason of such cancellation and the customer shall be entitled to the return of the balance of any deposit take.

(c) Where planning approval of Building Regulation consent is refused nothing herein contained shall restrict the rights of the Company or to the customer to the renegotiation the style or layout of the proposed conversion and the contract price as appropriate and to proceed with a new revised contract on the basis of the terms and conditions herein contained in which the event the Company may give credit for all or part of the 5% paid by the customer under this contract depending on the extent of the revisions made.

(d) Where the company exercises its option to cancel the contract by reason of delay in obtaining planning approval for building regulation consent and such approval or consent is subsequently obtained then in the event that the Company and the Customer reach a new agreement as to the contract price and a new revised contract is concluded otherwise than as to price on the terms and conditions herein contained then the company shall give credit for the 5% paid by the customer under this contract.

(e) Nothing in this condition shall entitle the Company to be paid or to deduct from any deposit taken more than one sum equal to 5% of the contract price either under paragraph (a) or (b) of this condition but not both.

(f) All other consents including those required from any freeholder or mortgagee shall be the sole responsibility of the customer who shall bear full responsibility in respect of any failure to obtain the same.

3. DRAWINGS

(a) Illustrates advertisements, plans, drawings, or estimates submitted by the Company prior to survey are based on experience and must be taken as approximate only.

(b) Any measurements or other figures are subject to recognised tolerances and rejection limits.

(c) The plan, drawings, designs, and illustrations submitted by the Company are the copyright of the Company. Any breach of copyright by the customer or his / her / their / its servants, agents or representatives will lead to the Company exercising it remedies under the Copyright Act 1956.

4. CANCELLATION

(a) The customer shall not be entitled to cancel his order after the provisions contained in Condition 2 herein shall have been fulfilled without the consent of the Company in writing.

(b) Cancellation shall be accepted by the Company on condition that ALL costs and expenses incurred by the Company and all loss or profits contained in the contract price are paid to the company.

5. COMPLETION

N.B. time for completion is given as accurately as possible but is not guaranteed. The customer shall have no right to damages or to cancel the contract for failure by the Company for any cause beyond the control of the Company to meet the completion time stated.

6. TERMS OF PAYMENT

(a) Payment of work shall be due and payable as follows:

(i) Initial deposit on signing order

(ii) Further deposit on delivery of materials and / or scaffold erected

(iii) Interim payments on completion of the relevant stage of construction

(iv) Balance including any variation order additions is due within seven days of the day of invoice

(b) If the balance of the contract price and any additions thereto is not received by the Company within seven days of the due

date then interest at a rate of 3% per annum above HSBC

Base Rate from time to time in force calculated daily shall be

chargeable (as well after as before judgment) at the discretion

of the Company on the balance outstanding from time to time

until payment is received. The right to charge interest under

the Sub-Clause shall be exercisable by the Company at any

time after the expiration of seven days after the due date

without notice to the customer and shall not be prejudiced by

delay in or acceptance of any payments under the contract.

(c) All cheques and transfers should be made payable to SKD

Loft Conversion Specialists Ltd. For BACS transfer, sort

code 40-09-19 account number 62633310.

(d) Where performance of this contract shall be delayed by the

request of the customer for any period or delayed in any other

event beyond the control of the Company for a period or

more than three months after approval under building

regulations in force at that time, then and in such event all

prices quoted are subject to fluctuation in the case of any

increase in the cost of labour, materials and overheads and

any such increase in costs by reason of such delay will be

charged extra to the quoted price.

7. QUALITY AND SATISFACTION

(a) The Company will use its reasonable endeavors to obtain the

size or dimensions stated in the Contract but reserve the right

to amend these dimensions or any dimension appertaining to

the submitted architectural plans without prior notice to the

customer in the event of it being required by the Building

Inspector or in the event of any difficulties arising in

construction which in the opinion of the Company constitute

a safety or other risk.

(b) If there is any conflict or ambiguity between the Contract and

the architectural plans, a term contained in the Contract shall

have priority over one contained in the architectural plans.

(c) Where work to the customer’s promises distinct from the

contract work is required by the Building Inspector, such

work will be carried out by the Company and charged extra

to the customer.

(d) On completion of work the customer will be requested to sign

a satisfaction note.

8. GUARANTEE

The Company agrees to rectify all faults out of the contract

works where it is proved that such faults are due to defective

materials or bad workmanship of the company, provided that

the fault is notified to the Company within five years of the

date when payment became due pursuant to Condition 6(a).

9. LIABILTY

(a) The Company shall not be liable to pay for any work carried

out by any other person firm or company engaged by the

customer whether by way of rectification completion or

otherwise to or in respect if the contract works to be performed

by the Company hereunder unless either the engagement of

such person firm or Company shall have been agreed by the

Proprietor of the Company in writing.

(b) No admission by the Company whether by way of indulgence

or otherwise or failure or delay promptly to enforce the

Company’s rights hereunder shall be constituted as a waiver of

the said rights.

10. DAMAGES TO PREMISES

It is a condition of the contract that the customer shall take all

necessary steps to protect floor and wall coverings, paint work,

furniture, and other ornaments.

11. SUB-CONTRACTORS

The company shall be entitled to appoint one or more sub-

contractors to carry out all or any of its obligations hereunder.

12. CUSTOMER’S ADVISORS

(a) Should the customer employ his own surveyor architect or

other professional advisor the fees or chargers of such advisor

will be for the account of the customer and are in no way

accepted by the Company, either directly or indirectly. In

circumstance where the customer’s advisors require further or

additional work to be performed such work if undertaken by

the Company at its discretion shall be charged extra.

(b) The Company accepts no responsibility for the accuracy of

information or drawings submitted by the customer.

(c) The Company accepts no responsibility for any increase in

supplier and/or material costs, due to Brexit and/or Covid-19, if the Company did not have knowledge of such increases at the date which payment became due pursuant to sub-clause 6(a).

13. INSURANCE

The Company will affect and maintain with an Insurer of repute such insurances as required for the purposes of providing cover for the Company’s potential liability under this agreement including Employer’s Liability and Public Liability. The Company shall provide such details and copies of any documents the Customer may reasonably require.