Terms & Conditions

By instructing D.W. Lloyd Ltd (the ‘Company’) 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’, ‘our’ and ‘ours’ are used to refer to the Company; (ii) ‘you’, and ‘your’ are used to refer to the person, firm or company which purchases Goods from the Company; (iii) ‘sub-contractor’ is used to refer to a person, firm or company which we may use from time to time and at our sole discretion;

(iv) ‘equipment’, ‘materials’, ‘services’ and any work relating to the installation, commissioning, training and support thereof supplied by us are referred to as ‘Goods’;

(v) the first agreed date on which we have agreed In Writing to begin work is known as the ‘Date’;

(vi) ‘In Writing’ means in accordance with term 11.

(vii) ‘Working Hours’ are Monday to Friday excluding weekends and Public Holidays, 0800 – 1600hrs.

1. Basis of the Agreement

1.1 The Company agrees to supply such Goods 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, known as the ‘Contract;’

1.1.2 Any change to these Terms must be In Writing and signed by the Managing Director.

1.2 Any quotation verbal or written may be withdrawn, cancelled or varied by us at any time prior to acceptance and shall lapse if not accepted within 30 days of the date stated on the quotation.

1.3 We may employ sub-contractors to carry out all or part of our obligations under the Contract.

1.4 We may at any time assign our rights and obligations under the Contract and you will where requested by us enter into a novation of the Contract in favour of any purchaser of the business and/or assets of the Company.

1.5 You may not assign your rights and obligations under the Contract.

2. The Customer

You warrant that:

2.1 you are either the owner of the premises at which our Goods will be provided and that you are entitled to commission the Contract 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 the Contract; and

2.2 you have enquired with the appropriate authorities and third parties to ensure that there are no restrictions to fulfilling the Contract, including where any cables, pipes, telephone or internet lines or others may lie, and obtained detailed drawings, permissions and licences where applicable, knowledge of which may be required in connection with the performance by us when fulfilling the Contract; and

2.3 you agree to make electrical power and running water available to us wherever this is required. 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. Postponement and Delay

3.1 If you postpone the Date with less than one week’s prior notice, you will incur a one day charge for as many of our or our sub-contractors’ staff and any machinery hire due on site on that day.

3.2 If you postpone the Date for more than one calendar month, or suspend work once begun for more than two weeks without the written agreement of our Managing Director, it will be deemed to be cancellation of the Contract by you whereupon you become immediately liable for items listed under term 10.3.1.

3.3 In the event that you ask us to suspend work by less than two weeks we may request payment of our charges to date and/or payment on account of future charges as a condition of recommencing the work.

3.4 If we need to postpone a booked appointment we will re-schedule and agree a revised appointment as soon as conveniently possible.

4. Our Charges

4.1 We charge for labour in half hourly increments at the prevailing rates with a minimum charge of one hour’s labour, per person.

4.2 Materials, delivery of materials and waste disposal are charged separately.

4.3 Travel to and from site to our premises to collect Goods, is charged separately.

4.4 We will endeavour to contact you to obtain your permission if we need to carry out any additional work to that which we have previously discussed and agreed with you;

4.4.1 In the event that we are unable to contact you we will cease work until we have been able to obtain your authorisation to proceed, save where so to do would be unsafe or impracticable, in which case you agree that you will be deemed to have authorised us to continue.

4.5 We may seek your instructions to carry out additional work;

4.5.1 In the event that there is a delay in us receiving your reply, further delays and charges may be incurred.

4.6 We reserve the right to increase our charges for our Goods above those initially agreed in the event that:

4.6.1 the costs to us of supplying the Goods increases due to any factor beyond our control; 4.6.2 you change the specification applying to the Goods; 4.6.3 you consent to any change in specification proposed by us; 4.6.4 you require any Goods to be provided urgently or out of Working Hours;

4.6.5 you cause any delay in our work or fail to provide us with adequate accurate information, uninterrupted access to the site or facilities.

4.7 We reserve the right to charge you for storage of any Goods from the date you are notified that they are ready for delivery, where delivery is postponed at your request or due to default in payment.

4.8 Any and all quoted prices are exclusive of any GST or States of Guernsey or other Government taxes or duties which shall be due at the rate ruling on the date of our invoice.

5. Goods

5.1 If you require us to provide specific Goods which we do not normally carry, you must specify them In Writing and pay for them in full before we order them.

5.2 If you subsequently decline these Goods, or if they are found not to be suitable for use with the Contract, you may ask us to return them to our suppliers, provided you agree to pay any and all charges and costs associated with this.

6. Payment

6.1 You must pay our invoices in full within 7 days of the dates on which they are issued. We accept BACS transfer, cash, and cheques.

6.2 Payment is not conditional upon installation or acceptance testing, where applicable.

6.3 Unless otherwise agreed In Writing with our Managing Director, a 50% deposit is required to confirm your Contract. Work will not be scheduled to begin without us having received this deposit.

6.4 For non-stock items such as, but not limited to, water storage tanks, control equipment and pumps, payment in full will be required before ordering and the work being scheduled.

6.5 For ‘Supply Only’ orders, payment in full is required with your order.

6.6 No Goods are supplied on a ‘sale or return’ basis.

6.7 We reserve the right to require stage payments including, without limitation, for work in progress, on a weekly basis.

6.8 Upon us having received payment in full for the Contract and any additional agreed work or supply of Goods, we will provide you with any applicable training and detail such as passwords, diagrams, mapping, operating details and instructions.

7. Title and Law

7.1 The title to any Goods supplied by us will remain with us until payment in full has been made for those Goods and all other sums which are or become due to us by you on account. Without prejudice thereto, you shall insure all Goods from delivery against loss or damage and shall maintain the same in good saleable condition. At all times before payment in full the Goods shall stand in your books in our name and you shall take appropriate action to notify all third parties of our interest in the Goods. We shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from us. At your expense, we have the right to recover the Goods and to disconnect and remove them and you agree to grant all necessary rights of access therefore and we may exercise all the rights conferred by law on an unpaid seller. You shall not re-sell, pledge or in any way charge by way of security for indebtedness any of the Goods whilst they remain our property. Until property in Goods passes to you, we reserve the right to dispose of the Goods until payment in full for the Goods has been received by us in accordance with the terms of the Contract. The relationship of you to us shall be fiduciary in respect of the Goods or other Goods in which they are incorporated or used and if the same are sold by you, we shall have the right to trace the Goods. A like right for us shall apply where you use the Goods in any way so as to be entitled to payment from a third party.

7.2 Each party irrevocably agrees that the courts of Guernsey shall have exclusive jurisdiction over any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims). Nothing in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdiction preclude the taking of proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

8. Non-payment and late payment

If you fail to pay any invoice by its due date:

8.1 Any installed automatic system might cease to function, and any support will be suspended and without prejudice to our right to payment on the due date, we reserve the right to take any or all of the following steps:

8.1.1 add interest at a rate of 3% above the Bank of England’s base rate, per calendar month, compounded, and calculated from the date on which the invoice became overdue until judgement or earlier payment; 8.1.2 charge you 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; 8.1.3 cease work and not deliver the balance of our Goods and any associated detail; 8.1.4 recover from your property all Goods belonging to us, for which you agree to allow full and unencumbered access to the property for our representative(s) to retrieve all Goods which remain our property and any charges associated with this action will be charged to your account.

9. Exclusions and limitations of liability

9.1 We do not accept liability for any injury to persons, domestic animals, livestock or birds, or any loss or damage to property unless due to our negligence. You must notify us of any such damage, injury or loss In Writing within 7 days of the incident.

9.2 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.

9.3 We do not provide qualified telephone advice and do not accept liability for advice which you may claim to have received by telephone.

9.4 Where we have identified a specific risk and advised you of that risk then we shall not be liable for loss or damage resulting therefrom.

9.5 We will not be liable for any delay to the provision of Goods due to force majeure or any other event beyond our reasonable control.

9.6 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 Goods which are faulty or incorrectly supplied.

9.7 We are not responsible nor liable for any loss or failure to comply with our obligations where the failure is due to acts of God, war, hostilities, civil disturbances, governmental restrictions, strikes or industrial disputes, fire, flood, inclement weather, acts or omissions of Government or any department thereof, or of third parties or any other cause whatsoever beyond our reasonable control.

9.8 If any provision of this Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable that provision shall be deemed severable and the remaining provisions of this Contract shall continue in full force and effect.

9.9 No waiver or forbearance by us (whether expressed or implied) in enforcing any of our rights under any Contract shall prejudice our right so to do in the future.

10. Cancellation

10.1 We may cancel our agreement with you forthwith in the event that: 10.1.1 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; or 10.1.2 you commit a material breach of these Terms; or 10.1.3 you refuse to take delivery of any Goods we have agreed to supply; or 10.1.4 you refuse to allow us to provide Goods at the time and date agreed; or 10.1.5 you fail to pay our invoices on their date due.

10.2 If you require to cancel the Contract you must make your request In Writing to us:

10.2.1 You cannot cancel the Contract without our prior written consent signed on our behalf by the Managing Director.

10.2.2 We are not responsible for providing finance for a Contract and your failure to obtain the same from a third party will not be a breach of the Contract by us nor be the grounds for cancellation by you.

10.2.3 The Contract cannot be cancelled if any of the Goods are subject to any form of hire or hire purchase agreement, leasing agreement, loan, payment by instalment, or Contract for payment on deferred terms or any other agreement where we or any third party retain title to the Goods.

10.3 In the event of cancellation by you:

10.3.1 you shall immediately become liable for payment for any and all sums due under the Terms of this Contract including but not limited to any amounts due under term 5.1 (not limited to any deposit paid which shall be forfeit to us) and you shall indemnify us against any and all loss and expenses occasioned by such cancellation including loss of profit and any cancellation charges payable to our suppliers and sub-contractors.

10.4 We may cancel the Contract at any time before any Goods are delivered by giving written notice. On giving such notice we shall promptly repay to you any sums you have paid to us after deduction of any sums due to us under these Terms. We shall not be liable for any loss or damage whatsoever arising from such cancellation.

11. Notices

All notices and other communications between the parties shall be in writing and given by delivery in person or electronic mail. For the avoidance of doubt, postal services are not to be used.

11.1 Any notice or communication required to be given In Writing to us by you shall be deemed to have been received if delivery is made to our registered office on signature of a delivery receipt, or if made to a valid business email address, on acknowledgement by the Managing Director.

11.2 Any notice or communication required to be given In Writing to you by us shall be delivered to your registered office (in the case of a company) or to the installation address specified (in the case of an individual firm or partnership); or by electronic mail to your latest email address communicated in writing to us or listed on your website.

12. Complaints

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 as soon as possible, and certainly within 24 hours of the job being completed. If the appropriate Company representative is unavailable or unable to agree on a resolution immediately, then we will ask you to make your complaint In Writing for us to deal with more formally. It is accepted by both parties that all reasonable attempts including arbitration shall be made to resolve any dispute or claim before taking legal action.

Terms & Conditions