Terms & Conditions
By instructing D.W. Lloyd Ltd you accept that you have read and understood the following terms and conditions (the “Terms”) and agree to be bound by their content. In these Terms:
(i) ‘us’, ‘we’ and ‘our’ are used to refer to D.W. Lloyd Ltd;
(ii) ‘you’, and ‘your’ are used to refer to you, our client;
(iii) ‘Contractor’ is used to refer to the individuals carrying out services pursuant to these Terms on our behalf.
1. Basis of the Agreement
We hereby agree to supply such goods and services to you as you and we shall separately agree and you agree to pay our charges therefore, in each case in accordance with these Terms.
We may employ sub-contractors to carry out all or part of our obligations under these Terms at our sole discretion. Further, we may assign our rights under these Terms to any other person. You may not assign your rights under these Terms without our written consent.
2. The Client
You warrant that:
(i) you are either the owner of the premises at which our services will be provided and that you are entitled to commission the services without the consent of any other person OR that you are authorised by the owner of the premises and by all other relevant persons to commission our services; and
(ii) you have obtained all other permissions and licenses which may be required in connection with the performance by us of our services.
(iii) you have enquired with the appropriate services to ensure that there are no cables or pipes belonging to services in the areas where work is required, or that you have available detailed plans showing services before work begins.
You agree to make electrical power and running water available to us wherever this is required and reasonably possible. In the event that you are unable to make such facilities available you agree to inform us in advance of us starting work so that we can make such alternative arrangements with you as may be necessary.
3. Cancellations & Postponements
Provided you cancel or postpone your appointment at any time before 1pm on the last working day prior to the day of your scheduled appointment then no labour charges will apply.
If you cancel or postpone after this time, or are not able to grant access to our Contractors at the agreed time, then an administration charge equivalent to 60 minutes’ labour at the prevailing rate will be applied to your account.
Where we agree to provide services at a fixed price then a different cancellation/ postponement policy may apply. This will be notified to you separately.
We may need to postpone a booked appointment due to reasons beyond our control. In these instances we will re-schedule the appointment as soon as conveniently possible for you and us.
4. Our Charges
We charge for the labour of our Contractors in half hourly increments at the prevailing rates, quoted at the time of booking, with a minimum charge of one hour’s labour.
We charge separately for materials, delivery of materials and waste disposal as applicable.
We will endeavour to contact you and obtain your permission in the event that we need to carry out any work additional to that which we have discussed with you previously.
In the event that our Contractor is unable to speak with you in circumstances where it becomes apparent that additional work is required then we will cease work until we have been able to obtain your authorisation to proceed, save where to do so would be unsafe or impracticable, in which case you agree that you will be deemed to have authorised us to continue.
We may seek your instructions to carry out additional work by phone or email. Where we do so then in the event that there is a delay in us receiving your reply then this may result in delays and further labour charges.
We reserve the right to increase our charges for our services above those initially agreed in the event that:
(i) the costs to us of supplying the goods and services increases due to any factor beyond our control;
(ii) you change the specification applying to our services;
(iii) you consent to any change in specification proposed by us;
(iv) you require any goods or services to be provided with exceptional urgency; or
(v) you cause any delay in our work or fail to provide us with adequate accurate information, access to the site or facilities.
5. Parts
We carry some van stock, but we cannot guarantee we will be carrying any specific part/s required unless you provide us with comprehensive details in advance. If you do tell us that you require us to provide and fit any particular parts then you will take responsibility accordingly for having correctly determined which parts are required.
In the event that we are unable to fit any parts which you have supplied or have asked us specifically to supply, or if you decline any parts which we have supplied with your agreement, then if we can return the parts without penalty to our supplier, we may add a re-stocking charge of up to 30% of their value to your account. In the event that the parts cannot be returned to our supplier without penalty to us then we may charge up to 100% of their value to your account.
We charge for collecting parts at the prevailing rate for labour, subject to a cap of 1 hour’s charge.
If you require us to supply an expensive part then we may ask you to pay us for the part in advance before we order it.
6. Payment
For ‘Supply Only’ orders we require full payment with order.
For high value non-stock items e.g.; water storage tanks, control equipment, pumps etc., payment may be required before ordering.
For system installations we will generally issue our invoice at the conclusion of our work but for longer term projects we will request a deposit of 25% of the total quoted amount and issue interim invoices as detailed in your quotation.
Where items have been specially ordered or manufactured and no delivery date is available, after a
period of 30 days these items will be invoiced.
No goods are supplied on a ‘sale or return’ basis.
You must pay our invoices within 7 days of the dates on which they are issued. We accept BACS transfer, cash and cheques.
In the event that you ask us to suspend work we may request payment of our charges to date and/or payment on account of future charges as a condition of recommencing the work.
7. Non payment and late payment
If you fail to pay our invoice on time we reserve the right to take any or all of the following steps:
(i) add interest at a rate of 15% per annum on the total amount unpaid calculated from the date on which the invoice became overdue until judgement or earlier payment;
(ii) charge for all of our reasonable costs and expenses (including legal costs and costs of any third party debt recovery service) incurred by us in the collection of the overdue amounts;
(iii) cease work and not deliver the balance of our services (or deliver or install any goods);
(iv) recover from your property all materials belonging to us and you agree to allow access to the property to a company representative to retrieve all materials that remain our property.
8. Exclusions and limitations of liability
We do not accept liability for any injury to persons, domestic animals, livestock or birds, or any loss or damage to property or goods, unless due to our negligence. You must notify us of any such damage, injury or loss in writing within 7 days of the incident.
We shall not be held liable for any indirect or consequential loss, damage, cost or expense of any kind however caused, including without limitation any loss of income or profits.
We do not provide qualified telephone advice and do not accept liability for advice which you may claim to have received by telephone.
Where we have identified a specific risk and advised you of that risk then we shall not be liable for loss or damage resulting there from.
We will not be liable for any delay to the provision of goods and services due to force majeure or any other event beyond our reasonable control.
We shall not be held liable for any costs claimed by you in respect of our non attendance or late attendance, or for the late or non delivery of materials, or materials/goods which are faulty or incorrectly supplied.
9. Termination
We may terminate our agreement with you forthwith in the event that:
(i) you become bankrupt or you or your assets are declared to be en etat de desastre or become subject to saisie proceedings or you make any composition with your creditors;
(ii) you commit a material breach of these Terms;
(iii) you refuse to take delivery of any goods we have agreed to supply;
(iv) you refuse to allow us to provide services at the time and date agreed; or
(v) you fail to pay our invoice on the date due.
You may terminate your agreement with us in writing. Upon termination of this agreement you agree to pay all outstanding charges including goods supplied and any cancellation charges payable to our suppliers and sub-contractors.
10. Complaints Procedure
We are committed to ensuring that you are satisfied with the service you receive from us and we aim to deal with any queries as efficiently and amicably as possible. If you have any queries regarding the service you have received please contact us to discuss this within 24 hours of the job being completed. If this happens to fall on a Friday, please make contact with us by Monday morning. If the appropriate D.W. Lloyd Ltd representative is unavailable or unable to agree on a resolution immediately, then we will ask you to make your complaint in writing to our registered office address for us to deal with more formally.