Terms and Conditions

1. General 
Acceptance by Lee Gigney Construction ('the Company') of the customer's order is conditional upon acceptance by the customer of these conditions, which shall prevail over any terms or conditions of the customer unless specifically agreed in writing by the Company. These terms and conditions shall be deemed to be included in the agreement between the Company and the customer. Nothing shall be construed in these conditions as limiting or excluding the statutory rights of the customer.

2. Tenders, Quotations, Conclusion of Contract
(1). All tenders/quotations/estimates issued by the Company shall be valid for a period of 30 days from the date of delivery of it to the customer and if it is not accepted in time by the customer it shall be deemed to have been automatically withdrawn. The Company may then in its absolute discretion vary and/or amend the same.
(2). No contract shall be concluded between the Company and the customer until (i) the Company shall have issued a formal written contract and (ii) any deposit which is requested by the Company shall have been received by the Company with cleared funds and also (iii) any credit reference required by the Company being to the satisfaction of the Company in its sole discretion.
(3). Prices for all work and delivery of materials is conditional upon and subject to uninterrupted access to the customer's premises until completion of the work in full.
(4). Unless otherwise stated the customer shall pay in addition to the contract price for the costs of all deliveries of goods and materials to the customer's premises or to such other address the customer may require.
(5). There shall be added to all prices value added tax at the rates from time to time prevailing.
(6). The customer may not assign the benefit of this agreement to any third party.
(7). If the contract provides for delivery by instalments, delay in delivery or non-delivery of any instalment shall not entitle the customer to treat the contract as at an end or reject any other instalment.

3. Specifications
It shall be the responsibility of the customer to ensure that any drawing, sketch, plan, specification, information, brochure, description and instruction supplied and/or given by the customer or by any agent or representative on his behalf to the Company in connection with any goods, materials, services and work are accurate and meet with the customer's requirements. It shall not be the responsibility of the Company to inspect the same and check the accuracy thereof. The customer shall indemnify and save harmless the Company in respect of any liability, loss, injury, damage, claim, cost, charge and expense which may be incurred by or sustained by the Company by reason of or arising from whether directly or indirectly in whole or in part and or in consequence of any defect or inaccuracy therefrom and or otherwise in relation thereto.

4. Descriptions
The Company gives no warranty that any illustration, sample, brochure, material, sample, drawing and/or specification as to weight, capacity or dimension and particulars of shading are accurate, and the customer agrees that the same shall be approximate only unless specifically stated otherwise in writing. All documents provided by the Company containing such illustrative or description of materials (as well as copying thereof) shall remain the exclusive property of the Company and shall not be copied loaned or transferred.


5. Estimated Time
Whilst the company shall use its best endeavours to complete work within a reasonable time it is specifically agreed that time for completion shall not be of the essence and instead time for completion shall be deemed to be an estimated date only. Time for completion shall be extended by a reasonable time if there be any delay caused otherwise than by the sole fault of the Company. It is further agreed that if delay in completion shall be caused by or contributed to as a consequence of or by any cause beyond the sole control of the Company, including but not limited to delay in delivery of any materials, as well as industrial disputes and strikes then it is expressly agreed that the Company shall have no liability to notify the customer of any such delay but time for completion shall be extended for a reasonable period.

6. Passing of property
(1). The property in any goods and all materials whether fixed or unfixed shall not pass to the customer until the full contract price and all sums from time to time owing by the customer to the Company under this agreement shall have been paid in full; such goods shall be referred to as 'the retained goods'. Until such time as payment in full shall have been made for the retained goods the customer shall hold them in a fiduciary capacity for the Company. Until such time as the retained goods shall pass to the customer, the customer shall insure them for their full replacement value with an insurance company of repute in England & Wales for risk as to loss and damage usually insured against including but not limited to damage by fire flood and theft and as often as required produce to the Company a copy of the insurance policy.
(2). All goods delivered to the customer whether to the customer's premises or to any other address nominated by the customer or by any agent or representative on behalf of the customer whether fixed or unfixed and nothwithstanding clause 6(1). above shall be at the sole risk of the customer with effect from delivery to the customer's address or other place nominated by the customer. And in the event of the goods or any apart thereof being lost, damaged, destroyed and/or stolen howsoever occurring before payment in full for them the customer shall nonetheless pay the Company in full for them as well as for any work damaged, destroyed or lost together with any additional costs incurred by the Company in replacing, repairing and/or renewing such goods and/or restoring any work in consequence thereof provided however that the customer shall not be responsible for any damage or loss sustained arising solely from the negligence or breach of contract of the Company its servants or agents.

7. Planning consents and the like
The customer shall be solely responsible for and pay all the costs of ensuring that all planning consents, building regulation approvals and any other requirements of any local or other authority in connection with the works including also for the replacement of window glazing shall be promptly obtained and the same shall be obtained by the customer at the customer's sole expense. The Company shall have no liability whatsoever for seeking such planning consents and/or the obtaining of any building regulation approvals or other requirements of any local or other authority.

8. Payment
(1). Payment shall be made in full with cleared funds within 30 days of the date of any invoice ('the due date') without any set-off and/or counterclaim; and
(2).

We reserve the right to claim statutory interest at 8% above the Bank of England reference rate in force on the date the debt becomes overdue and at any subsequent rate where the reference rate changes and the debt remains unpaid in accordance with the Late Payment of Commercial Debt (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.
(3). The price stated on any invoice shall be payable by the customer notwithstanding any delay in respect of delivery or defect in performance under this agreement and notwithstanding any adjustment or correction which may be required to the goods work or services provided by the Company or agents on its behalf; and
(4). The Company shall be entitled to adjust the contract price at any time and from time to time for goods, materials and services and work supplied due to any increase in cost to the Company by an amount as the Company sees fit in its sole discretion and whether as a result of higher costs of materials, and/or transport and/or increase of overhead expenses.

9. Cancellation
If the contract is cancelled for any reason by the customer except due to the sole default of the Company then the customer shall indemnify the Company in full against all expenses incurred by the Company up to the date of cancellation and in addition for any consequential loss and damage arising thereafter in consequence of the cancellation.

10. Limits of Responsibility of the Company
(1). Subject as provided in this agreement the Company will use its best endeavours to complete the work in a proper and workmanlike manner.
(2). No warranty is given by the Company that any goods do not infringe foreign laws or patents.
(3). No time, forbearance, waiver or another indulgence given by the Company in respect of the terms and conditions herein and also in relation to time for payment shall affect or reduce the rights of the Company against the customer.
(4). The Company shall not be liable, whether by way of indemnity or by reason of breach of contract, tort or breach of statutory duty or in any other manner for any consequential losses, or indirect loss (whether complete or partial) of any goods or work supplied, or loss of profit or of any contract.
(5). In the case of any defects in work and/or materials the Company shall have the right at its sole option to repair and/or replace without charge to the customer, goods and materials supplied and work carried out by the Company whether as a result of faulty design, materials, manufacture or installation and further provided that in the case of any defect being or becoming apparent solely to the Customer his agent and/or representative it is a condition of liability of the Company that the Customer shall have promptly notified the Company and in any event within 21 days after the same shall have become known or ought by reasonable diligence to have become known.

11. Interpretation & Jurisdiction
(1). Clause headings are for identification only and shall not form part of this agreement.
(2). If any provision of this agreement shall be held to be illegal, void, invalid or unenforceable, the legality, validity and enforceability of the remainder of this agreement shall not be affected and the agreement shall be read and construed so as to give effect so far as is reasonably necessary to the commercial efficacy hereof and so that the offending words be omitted.
(3). This agreement shall be governed by and construed in accordance with the laws of England and the parties hereto submit to the jurisdiction of the English courts.