Terms and Conditions
These Terms and Conditions are the standard terms that apply to the provision of loft access and storage services by GTAC Solutions LTD t/a LoftGenie (“The Company”) to customers who require loft related services.
These Terms and Conditions apply where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.
OTHER DEFINITIONS AND INTERPRETATION
In these Terms and Conditions, unless the context otherwise requires, other following expressions have the following meanings, irrespective of the word beginning with upper or lower case:
“Agreed Times” means the times which you and we agree for The Company to have access to the Property to complete the Job as specified in the Agreement;
“Agreement” means the contract into which You and We will enter if You accept the Quotation. The Agreement will incorporate, and be subject to, these Terms and Conditions.
“Business” means any business, trade, craft or profession carried on by You or any other person/organisation;
“Consumer” means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Company who receives loft access and storage Services, for their personal use and purposes wholly or mainly outside the purposes of any Business;
“Our Service” means us, our employees or subcontractors who will be responsible for providing the loft access and storage Services;
“Final Fee” means the total of all sums You must pay which will be shown on the invoice issued in accordance with Clause 16 of these Terms and Conditions;
“Service” means the loft access and storage Services We will provide as specified in the Agreement;
“Job” means the complete performance of The Company;
“Order” means Your initial request for Us to provide the loft access and storage Services as set out in Clause 4;
“Products” means the products required for the provision of the loft access and storage Services which We will supply (if any) as specified in the Agreement;
“Property” means Your home, as detailed in the Order and the Agreement, at which the Job is to take place;
“Quotation” means the quotation We give to You in accordance with Clause 3 detailing the services We will provide to You and the fees We will charge;
“Quoted Fee” means the fee set out in the Quotation which may change according to the actual work undertaken as set out in Clause 6 of these Terms and Conditions;
“Start Date” means the date You and We agree on for Us to start providing the loft access and storage Services as specified in the Agreement;
“Visit” means any occasion, scheduled or otherwise, on which The Company visits the Property to provide our Services;
“We/Us/Our” means The Company and includes all employees, agents and subcontractors of the company;
“You/Your” means a Consumer who is a customer of the company.
Each reference in these Terms and Conditions to “writing”, and any similar expression, includes electronic communications whether sent by e-mail or other means.
Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.
Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions.
The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
Words signifying the singular number will include the plural and vice versa.
References to any gender will include the other gender.
References to persons, unless the context otherwise requires, include corporations.
1. Information about Us:
- We are a limited company.
- We are registered in England and Wales under company number 12344465.
- Registered office address:2 Plantagenet Park, Warfield, Bracknell, RG42 7UU.
- Trading Address: Clavering House, Clavering Place, Newcastle upon Tyne, NE1 3NG.
- Our VAT number is 9999999.
2. You Acknowledge:
- The service provided by the Company is for the sole purpose of safe access to, and light storage in, the attic/loft space of your property or any property that consent has been granted to the Company for work or service to be carried out.
- The Company will not be held liable to you or any third party for damage caused to person or property that results from misuse, negligence or overloading of the loft floor area of attic/loft or for the misuse of any ladder that may have been installed.
- The Company will not be held liable to you or any third party for damage caused to ceilings, light fittings or decoration after the work is complete, due to movement in the attic/loft space of persons or items.
- The Company will ensure that all quotations are produced with as much detail as possible to avoid any misunderstandings. If you are unsure of anything within your quotation or that any items are missing, you must advise The Company of this at your earliest convenience so that the quotation may be amended accordingly before any works are agreed.
- Any additional work found necessary are to be agreed by you and the Company and a revised/additional quotation will be provided prior to works commencing.
- Promotions only apply to boarding quotations.
- Unless otherwise stated on any quotation/works order, we will only be responsible for the agreed work specified on the supplied quotation form and any additional work required or requested by you will be charged at a rate agreed between you and the company prior to any commencement of works.
- Any additional work will only be undertaken at the time of the original installation if this will not disrupt the company work schedule and commitments with other customers. Should additional time be needed to carry out the additional work this may need to be scheduled at a later date.
- Additional costs and time frames must be agreed with the company before deciding to commence with any additional work.
Accepting the quotation, either verbally or in writing and agreeing to a commencement date, enforces these terms and conditions to come into effect.
- We will deliver the goods referred to on your quotation and carry out the works as specified to a reasonable standard.
- The Company will ensure that sound materials suitable for their respective purposes will be used but are supplied subject to any conditions of sale attached thereto by the manufacturers or suppliers so far as such conditions are not inconsistent with the Terms & Conditions of trading.
- In the event of any materials proving faulty, the Company will be liable for making good and will seek to recover any associated costs from the manufacturer or supplier directly.
7. Installation Date:
- You agree that any dates of installation agreed between You and The Company is a target of The Company and although The Company will aim for the commencement of works on this date, The Company may need to move the installation date in accordance to work schedules.
- Customers will be given an indication of the time an installation may take but this does not form part of the contract and may vary. No discount will be offered for inconvenience caused and no additional labour charges will be made for extra time taken in order to complete a job.
You agree to provide reasonable access for the company for the completion of the job on the Start Date. If for any unforeseeable reason access has not been granted for the Start Date, You will notify The Company at least one day prior or as soon as this comes to light. A new installation date will then be made on a mutually convenient date.
9. Removal & Disposal:
- You agree in accordance with your quotation that we may remove and dispose of existing goods to allow for the execution of works.
- No items will be removed from the loft/attic space by The Company unless otherwise agreed.
- No claim may be entered for items disposed of that you wanted to keep if no such notification was given to The Company before work commenced.
10. Movement of Goods:
It is assumed that the customer will remove all items from within the working area unless provision is made within the quotation for this to be fulfilled by The Company. Unless otherwise agreed the loft area should be cleared prior to the start of installation. If we arrive to start the work it is in good faith that the loft is clear. If our installers have to empty the loft in order to commence work then we will charge an additional fee.
11. Structural Defects:
- Unless specifically mentioned, no provision is made by The Company for defects to the building structure or any structurally related objects when carrying out an installation. It is assumed that such surfaces/items are in good condition and suitable to undertake the works agreed.
- The cost for repair or renewal of any structural defect, movement of any obstruction which is not visible at the time of survey or installation will be chargeable unless allowance for such items is specifically included in the quotation.
- Lathe & Plaster Ceilings are very old and generally unstable. When having work done there is a risk it will crumble and fall away in smaller or larger areas. The Company will take every care to ensure this does not happen but accepts no responsibility for repair, replacement or redecoration of ceilings made from lathe and plaster and any such crumbling, cracking or falling away will be strictly age related and not due to damage caused by The Company.
12. Planning Consents:
- It shall be entirely your responsibility to identify the needs for any planning permission, building regulation consents, building warrants or any other similar consents or approvals and to obtain those which the company has not agreed in writing to apply for on your behalf such documents identifying specifically the consents for which we have agreed to apply.
- We shall not be obliged to perform this agreement until we have received confirmation satisfactory to us that all such consents and approvals have been obtained.
- If at your request, we agree to carry out any part of this agreement before all such consents and approvals are obtained, we shall do so entirely at your risk and responsibility and you will indemnify us in respect of any costs, losses, claims, damages, and charges incurred in connection with obtaining of any such permissions or consents, whether or not successfully obtained.
- The Company employs the services of electrical sub-contractors in some areas to carry out any agreed electrical work on your property.
- Each individual contractor takes full responsibility for their own third-party liability.
- The Company will oversee all works to completion and takes responsibility in the running of such works.
14. Health & Safety:
You agree that whilst work is in progress unless agreed with a member of staff, that you will not enter the working area until works have been completed and are ready to be inspected. We cannot be held responsible for any injury caused to any third party whilst work is in progress if access into the loft/attic space is made without any prior agreement.
All materials provided by The Company or their subcontractors remain the property of The Company until full and final payment is received via bank transfer, card payment, cash or finance.
- The quoted fee and the final fee are inclusive of VAT. If the rate of VAT changes, we will adjust the amount of VAT that you must pay.
- Our payment terms are strictly payment upon completion or by the invoice due date unless otherwise agreed in writing between you and The Company.
- You agree to pay the full invoiced amount in cash, bank transfer or via credit/debit card in favour of The Company on completion.
- If You do not pay an invoice by the due date we may charge you interest on the overdue sum at the rate of 3% above the base rate of The Bank of England from time to time until payment in full is made. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.
- If you have promptly contacted us to dispute an invoice in good faith, we will not charge interest while such a dispute is ongoing
17. Disputes, Complaints, and Feedback:
- We always welcome feedback from our customers and, while we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
- If You wish to complain about any aspect of your dealings with us, please contact us in one of the following ways:
- By email, firstname.lastname@example.org
- By Phone, 0191 486 2306
- Where the client disputes the invoice or any part of works completed or should there be any issue/discrepancy, only the disputed items value can be held back by you until such an issue/discrepancy has been resolved. All other monies due within the invoice shall still be due for payment on the original agreed date.
- You will notify The Company at your earliest convenience any discrepancies or issues you find with your installation.
- The guarantee provided by the company is only effective once full payment has been made by you to the company.
- The company guarantees your loft associated products to be free from defects in material and workmanship for the lifetime of use by the customer, from the original installation completion date.
- If you discover a defect in any of the installed products covered by the effective guarantee, the company will repair or replace at our option using new or refurbished components, at our earliest convenience.
- The guarantee provided by the company is not insurance backed.
- The guarantee is not transferable.
19. Cancellation of Contract:
- You may at any time up until one day prior to the Start Date cancel the installation.
- This cancellation can be done by either of the following methods.
- By email, email@example.com
- By Phone, 0191 486 2306
20. Changing the Start Date:
- If you ask us to change the start date:
- We will where reasonably possible agree a revised start date with you;
- If it is not possible to agree a revised start date either you or we may terminate the Agreement (see Clause 21).
- If We ask you to change the start date, you may either:
- agree a revised start date with us; or
- terminate the Agreement (see Clause 21).
- You may terminate the agreement with immediate effect by giving us written notice if:
- We have breached the agreement in any material way and have failed to remedy that breach within 14 days of You asking us in writing to do so;
- We enter into liquidation or have an administrator or receiver appointed over our assets;
- You and we have been unable to agree on a revised start date under Clause 20.1.2 or you elect to terminate the Agreement under Clause 20.2.2;
- We are unable to provide our services due to an event outside of our control (see Clause 23).
- We may terminate the agreement with immediate effect by giving you written notice if:
- You fail to make a payment on time as required under Clause 16 (this does not affect our right to charge interest on overdue sums under sub-Clause 16.4);
- You have breached the agreement in any material way and have failed to remedy that breach within 14 days of us asking you in writing to do so; or
- You and we have been unable to agree on a revised start date under Clause 20.1.2;
- We have been unable to provide our services for more than 12 weeks due to an event outside of our control (see Clause 24).
- For the purposes of this Clause 22, a breach of the agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by an accident, mishap, mistake or misunderstanding.
- If at the termination date:
- You have made any payment to us for any services we have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice;
- We have provided services that you have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 16.
22. Effects of Termination:
- If the Agreement is terminated for any reason:
- Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the agreement will remain in full force and effect.
- Termination will not remove or reduce any right to damages or other remedy which either you or we may have in respect of any breach of the agreement which exists at or before the date of termination.
23. Events Outside of Our Control (Force Majeure):
- We will not be liable for any failure or delay in performing our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: installer sickness, vehicle breakdown, power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.
- If any event described under this Clause 23 occurs that is likely to adversely affect our performance of any of our obligations under these Terms and Conditions:
- We will inform you as soon as is reasonably possible;
- Our obligations under the agreement will be suspended and any time limits that we are bound by will be extended accordingly;
- We will inform you when the event outside of our control is over and provide details of any new dates, times or availability of our services as necessary;
- You or we may terminate the agreement (see Clause 21).
- We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and us when the agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
- Lathe & Plaster Ceilings are very old and generally unstable. When having work done there is a risk it will crumble and fall away in smaller or larger areas. The Company will take every care to ensure this does not happen but accepts no responsibility for repair, replacement or redecoration of ceilings made from lathe and plaster and any such crumbling, cracking or falling away will be strictly age related and not due to damage caused by The Company. This includes but is not limited to damage caused to carpets and other areas as a result of dust and debris from removing sections of lathe and plaster ceilings.
- Ceilings- The Company will take every care to ensure no damage is caused to any ceilings through its own negligence. Some ceilings have only a thin layer of skim that hasn’t been sufficiently bonded and this can result in screw pops where the skim falls off where it has been applied over screws holding plasterboard in place. The company will not be held liable for repairs or redecoration where this has happened as it is not a result of negligence on the part of the company.
- We will maintain suitable and valid insurance including public liability insurance.
- We provide loft solutions for domestic lightweight storage purposes only. We make no warranty or representation that the services are fit for habitable purposes, nor commercial, business or industrial purposes of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
- If we cause any damage to the property, we will make good that damage at no additional cost to you. We are not responsible for any pre-existing faults or damage in or to your property that we may discover while providing our service.
- We are not liable for any loss or damage you suffer which results from your failure to follow any reasonable instructions given by us or the Decorator.
- Nothing in these Terms and Conditions is intended to or will limit or exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
- Nothing in these Terms and Conditions is intended to or will limit your legal rights as a consumer under any consumer protection legislation. For more details of your legal rights please refer to your local Citizens Advice Bureau or Trading Standards Office.
25. How We Use Your Personal Data (Data Protection):
- All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
26. Other Important Terms:
- We may from time to time change these Terms and Conditions without giving you notice, but we will use our reasonable endeavours to inform you as soon as is reasonably possible of any such changes.
- We may transfer (assign) our obligations and rights under the agreement to a third party (this may happen, for example, if we sell our business). Your rights under the agreement will not be affected and our obligations under the agreement will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) your obligations and rights under the agreement without our express written permission (such permission not to be unreasonably withheld).
- The agreement is between you and us. It is not intended to benefit any other person or a third party in any way and no such person or party will be entitled to enforce any provision of the agreement.
- If any provision of the agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the agreement or these Terms and Conditions and the remainder of the provision in question will not be affected.
- No failure or delay by us or you in exercising any rights under the agreement means that we or you have waived that right, and no waiver by us or you of a breach of any provision of the agreement means that we or you will waive any subsequent breach of the same or any other provision.
27. Law and Jurisdiction:
- These Terms and Conditions, the contract/agreement, and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
- As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 27.1 above takes away or reduces your rights as a consumer to rely on those provisions.
- Any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, the Contract/agreement, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.