Root3 Lighting’s Terms & Conditions
Acceptance of our any of quotation(s)/proposals includes acceptance of the following Terms & Conditions.
Words and phrases
In these conditions:
“Services” means LED lighting installation and associated services as set out in the proposal specified in our quotation/business case or other agreed documents or discussions between us.
“We”, “us” and “Company” means Root3 Lighting Ltd
“You” and “your” or “Customer” means the person or company to which we are providing Services.
Period of our Quotation
The Quotation remains open for a period of one calendar month unless previously withdrawn. Thereafter, the Quotation is subject to re-confirmation or adjustment by the Company.
Basis of our quotation
- All increases in labour and/or material cost arising after the date of quotation may be recovered from the Customer unless the quotation expressly excludes this condition.
- The quotation(s) are based on the work being affected during normal working hours, Monday to Friday.
- Variations or additional work shall be charged on time and material basis unless subject of a separate quotation accepted by the Customer
- The laying of cables and conduits runs is by shortest practicable routes.
- Work by other Trades, any statutory fees, or charges for work done by Supply Authority or Local Authority is not included.
- While reasonable care will always be taken, the quotation does not include for incidental redecoration or other works consequent upon the proper execution of the work.
- A quotation is made on the assumption that the work requested is reasonably capable of being carried out. If on inspection this is found in our opinion not to be the case, we will advise you to this effect as soon as reasonably practicable
- If delivery and performance are postponed at your request or by circumstance within your control you will pay all resulting costs and expenses we incur.
Terms of Payment
- Payment in full shall be due on completion of the work and shall be made within 14 days of the date of our invoice.
- Failure by the Customer to make any payment as aforesaid shall entitle the company to suspend work and/or charge interest on the amount outstanding at 8% above the prevailing Bank of England’s base rate
- Non-account customers may be required to make a 35% advanced payment (fully refundable on cancellation) to secure contractual commitments between the company and the Customer.
Working with our Customers.
- If the Services are to be carried out on your premises or at your request at some other site we will need free and safe access to the customer’s equipment, together with proper and safe storage and protection of all goods, tools, plant and equipment and materials we have on site.
- We may also require additional facilities to carry out the services such as electricity.
- You will observe and comply with the latest Health and Safety at Work legislation and ensure that the site is safe and without risk to the health and safety of all persons working there; and you will hold us harmless against all legal and regulatory proceedings, costs and charges in respect of your failure to do so.
- Should our work on site be postponed or stopped for any reason the customer shall be liable for any associates costs.
- As part of our projects, unless otherwise agreed we are not responsible for removing redundant light fittings from customer’s premises.
- Should we attend site for a product failure within the initial 12-month on-site warranty period and the reported fault is
- not due to our lighting product or installation the visit will be fully chargeable to the customers at our standard rate.
- The light levels of our LED lighting projects are never guaranteed and any lighting plans issued to the customer are for guidance purposes only.
- All of the energy saving calculations detailed in our business cases are based on the information given to us by the customer. We do not warrant or guarantee any of the financial or energy savings detailed in our documentation as the data is based on many factors that are out of our control.
The Company shall endeavour to carry out the work within the period stipulated or, if no period is stipulated, within a reasonable time, but shall not be held responsible for any loss or damage arising out of delay due to any cause beyond the Company’s control.
- Without prejudice to the Customer’s Statutory rights, the Company will pass to the Customer the benefit of any guarantees the Company has received in respect of materials supplied by the Company and undertakes to repair or, if necessary, replace free of charge any materials or work found to be defective if the defect is due to faulty workmanship by the Company, his servants or agents and is brought to his attention within 12 months of the completion of the work.
- The customer agrees to pay the company in full as per the project quotation/business case within 7 days of the completed work and satisfactory handover from the company to the customer
Consequential Loss or Damage
- The Company’s responsibility to the Customer is limited to the fulfilment of the contract in a proper and workmanlike manner and the Company shall not be liable for any consequential loss or damage arising out of the execution of the Contract, unless due to the negligence of the Company, his servants, or agents.
- The Company shall not be liable for any wear and tear, loss or damage, direct or indirect, nor for any extra work entailed due to the apparatus being put into operation by the Customer or by the Company, his servants, or agents at the Customer’s request before it is handed over for beneficial use
- The repair or replacement of any faulty work or materials shall only be carried out by the Company, his servants, or agents; otherwise the Company’s warranties as to repair or replacement shall not apply.
- The Company will take reasonable care but accepts no liability for damage to furniture or other fixtures and fitting which have to be moved by the Company or his workmen in order to carry out the Contract Works.
- Without prejudice to this the Company will maintain adequate Public Liability Insurance cover for at least the duration of the Contract.
Any design information carried out or provided by ourselves, remains our copyright and is offered on the basis that the works shall be totally carried out by the Company.
- You shall be responsible for the accuracy of any designs, specifications and other data, which you or your employees or agents supply to us, which we use in connection with the Services, even if we examine, inspect or comment upon them.
- You will hold us harmless against any liability to a third party which we may incur as a result of carrying out the Services in accordance with your instructions or your designs, drawings, specifications or other data.
- We use a standard colour temperature of 4000k for our project lighting, other colours are available upon request but such requests must be received in writing by us prior to work commencing on site.
- As standard, any existing emergency lighting will be replaced on a like for like bases. Should additional emergency lighting or any alterations to the existing emergency lighting a separate quotation and report shall be raised for the customer to approve.
Risk and Retention of Title
- Risk of damage to or loss of the Goods shall pass to the Customer at:
- In the case of Goods being installed by the Company, the time that the Company notifies the Customer that the installation is complete.
- Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms and Conditions, legal and beneficial title to the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the price of the Goods.
- Legal and beneficial title of the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the price of the Goods and any other goods supplied by the Company and the Customer has repaid all moneys owed to the Company, regardless of how such indebtedness arose.
- Until payment has been made to the Company in accordance with these Conditions and title in the Goods has passed to the Customer, the Customer shall be in possession of the Goods as bailee for the Company and the Customer shall store the Goods separately and in an appropriate environment, shall ensure that they are identifiable as being supplied by the Company and shall insure the Goods against all reasonable risks.
- The Customer shall not be entitled to pledge or in any way
- The Company reserves the right to repossess any Goods in which the Company retains title without notice.
- The Customer irrevocably authorises the Company to enter the Customer’s premises during normal business hours for the purpose of repossessing the Goods in which the Company retains title and inspecting the Goods to ensure compliance with the storage and identification requirements.
- The Customer’s right to possession of the Goods in which the Company maintains legal and beneficial title shall terminate if:
- The Customer commits or permits any material breach of his obligations under these Conditions;
- The Customer enters into a voluntary arrangement.
- The Customer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors.
- The Customer convenes any meeting of its creditors, enters into voluntary or compulsory liquidation, has a receiver, manager, administrator or administrative receiver
- Each Party undertakes that it shall, at all times during the continuance of the Contract and after its termination keep confidential all Confidential Information, not disclose any Confidential Information to any other person.
- Not use any Confidential Information for any purpose other than as contemplated by and subject to these Terms and Conditions and the Contract;
- The customer agrees that we may take installed lighting photos of the project for our marketing objectives. We will not take any images other than the lighting that we have installed. The client agrees that any images taken of the lighting will not breach our confidentiality agreement with them.
- All notices under these Terms and Conditions and under the Contract shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
- Notices shall be deemed to have been duly given:
- when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient or when sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated
- All notices under this Agreement shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party
- Neither Party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party.
- Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
- The Parties agree that, in the event that one or more of the provisions of these Terms and Conditions or the Contract are found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (and, by extension, the Contract). The remainder of these and the Contract shall be valid and enforceable.
Termination of this contract
- We may bring this Contract to an end if you fail to comply with your obligations under this Contract, within seven days of having been notified by us of the relevant failure.
- Upon our terms & conditions being accepted by the customer (acceptance is deemed agreeable by the signing of this document)
- The company shall be entitled to the full quoted value if the project is cancelled by the customer within 4 weeks of the agreed project start date. Any cancellation longer than 4 weeks the customer will accept to pay the company all reasonable costs to date to in relation to the project in terms of cancelling order with the company’s suppliers
- If this Agreement ends for any reason, we will be entitled to remove all of our equipment from your premises or from site. You will remain liable to us for any sums which you have not paid, for all work done up to date of termination and for any other breaches of this Contract.
- Unless indicated otherwise, all sums payable under this Contract are stated exclusive of Value Added Tax (which will be charged at the rate prevailing at the relevant tax point) and any other tax or duty chargeable under any relevant legislation.
- Any notice to be given by you or us must be in writing and may be delivered by facsimile or electronic mail. Notices to us should be sent to us at the address stated on our quotation, acknowledgement or invoice. Any notice given to you will be sent to you at the address supplied at the time of order.
- You and we are free to provide an alternative address for notices at any time. Email notices will be assumed to have been delivered on the next working day after transmission, and notices sent by first class post will be assumed to have been delivered two working days after they are sent.
- Any express or implied by us of any failure by you to perform your obligations under this Agreement will not prevent the subsequent enforcement of those obligations. Similarly, any waiver we give will not be taken to be a waiver of any subsequent failure by you to perform that or any other obligation.
- This Contract constitutes the entire agreement between us relating to the Services and overrides any prior correspondence or statements relating to the Services (including any statements or representations in any advertisements or literature produced by us relating to the Services).
- If any provision of this Agreement is ruled to be valid for any reason, that invalidity will not affect the rest of this Agreement, which will remain valid and enforceable in all respects.
- The returning of samples is accepted only if returned in Good condition with its original packaging, if otherwise, the return will be charged to the customers at the standard rate.
- The Customer will provide access to the Supplier at the times specified in these Terms and Conditions and will co-operate with all reasonable requests by the Supplier.
- The Customer will provide electricity, water and toilet facilities to the Supplier for the purpose of completing the Services.
- The Customer will apply for, obtain and meet the cost of all necessary approvals and permissions required to complete the Services prior to the commencement of the work.
- The Customer will take all reasonable steps to ensure that the Supplier does not sustain any damage or loss to any equipment stored on site.
- The Customer shall be liable for any expenses incurred by the Supplier as a result of the Customers failure to comply with the obligations as defined by these Terms and Conditions.