Definitions – In these Conditions
(a) “The Company” means Leofric Building Systems Limited
(b) “The Customer” means the person firm or company who has agreed to purchase the building and includes his personal representatives or his successors in title
(c) “The Building” means the building or buildings erection or structure described in the Company’s official numbered Quotation including all items incidental or ancillary thereto as specified in such Quotation
(d) “The Works” means the manufacture and (if applicable) the construction and erection of the Building described or referred to in the Quotation
(e) “Practical Completion” means the substantial completion of the Works by the Company (disregarding minor defects in the nature of snagging defects)
(f) “The Delivery Site” means the address for delivery designated by the Customer
(g) “The Quotation” means the Company’s official numbered Quotation
(h) “The Contract” means the contract formed in the event of the Company’s acceptance of the Customer’s order pursuant to Clause 2 of these Conditions
(i) In the event of any obligation under these Conditions being applicable to more than one person such obligation shall be a joint and several obligation. Words importing the masculine gender shall include the feminine and neuter genders.
Validity Duration of Quotation
The price on the quotation provided will be valid for 14 days from date of issue.
Quotations
All quotations are based on the visible damage to, or foreseeable failure of, the components making up the structure as can be viewed. Not included are items that are damaged or have failed but are not visible at the time of the inspection. The overall cost of this type of work can be reduced if more than one or two units are repaired at the same time. If you have adjacent owners with buildings needing work it could be in everyone’s interest to have the work done at the same time.
If your quote and invoice are less than £1500.00 please pay in full, this will enable a swifter response from Leofric and to get your work completed sooner as if there is a larger job that is cancelled or cant be completed due to adverse weather we may be able to do your job in-between.
Payment Terms
(a) Payment is to be made by the customer to Leofric Building Systems Limited (hereafter referred to as “the Company”) in the following manner (unless expressly varied in the Quotation):-
(b) Payment Terms are set out on your quotation.
(c) The Company may charge interest at 4% above the then current bank base rate of HSBC on any overdue payments from the date when such payment became due until the date of payment (whether before or after Judgement)
(d) Without prejudice to any other rights under these Conditions failure by the Customer to make due payments to the Company under this or any other Contract with the Company shall entitle the Company:-
Price and Variations in Price
(a) All prices quoted are exclusive of VAT and are quoted upon the basis that these Terms and Conditions will continue to apply for the entire duration of the Contract. In the event of any variation of these Terms and Conditions made in accordance with Clause 2(c) hereof, the Company reserves the right to revise the Quotation.
(b) All prices quoted are at the Company’s current rates in accordance with the cost of labour, materials and transport at the date of the Quotation which shall remain fixed for no longer than 14 days, if payment is received for the Building the prices remain the same unless delivery address or final location changes, then the Company reserves the right to amend the Quotation to take into account changes in the cost of materials and/or labour rates.
(c) All prices are exclusive of the cost of any training or induction programs which may be a requirement of the Customer or the Site on which the Building is to be erected and the Customer agrees to reimburse the Company in respect of any such fees and additional costs howsoever arising.
(d) Restocking If materials have been purchased for the Customer and the customer changes their mind and / or dispute on work, there shall be applicable 15% charge for restocking. The charge will be based on original sales value and will take into consideration the deposit paid.
Asbestos Removal (if present)
When we conduct a site visit, if we suspect the roof could contain asbestos, we will take a sample. That is a chargeable exercise, which is POA. If you have taken a sample yourself, please show the certification. We cannot work on roof removal without these checks being complete.
All asbestos removal has to comply with current legislation. Clients are reminded that the regulations regarding the presence of asbestos are continually being revised (basically tightened up) and in one part of the HSE regulations it states that nothing can be sold that contains asbestos. Whether garage or shed roofs are covered by this directive is not clear from the HSE website to which we were referred in an email from the HSE when we raised a specific inquiry.
Collateral and Concealed Damage
Where further damage/failure becomes apparent as work progresses then the cost of rectification of such damage/failure is an extra and is not covered by the original quotation. Removing old/broken parts can reveal additional failed or failing components that should be replaced. The customer will be advised of such a circumstance and an additional quote will be provided to deal with this situation. Depending on the circumstance the work may have to be halted until further action is agreed by the customer.
Also not covered is any collateral damage that may occur as work on the building progresses. An example of this would be where a lintel has to be lifted to remove a defective post and the lintel, due to years of deterioration, cracks under the lifting stress.
Clients should also be aware that where a collision has occurred it is normal for the impact to affect other garages in the same block. Each owner should examine their property (ideally have it surveyed) and claim on their insurance as appropriate. System garages have to be aligned as originally designed and cannot tolerate mis-alignment of panels, posts and doors, neither can roof sheets and fixings.
Warranty
Leofric’s Warranty covers only the new parts supplied as further failures of existing parts can occur at any time. Such failure is not warranted, and water ingress is only remedied in association with new roof sheets fitted. All warranties only apply if all monies due in respect of the building and its materials and/or repair work performed, have been paid in full.
All warranties only apply if all monies due in respect of the building and its materials and / or repair work performed, have been paid in full.
Delivery and Site Access
(a) All dates and periods of time given or specified by the Company in its Quotation or other communications are estimates only and time is not of the essence of the Contract (save as to time for payment above referred to). Whilst the Company will use its best efforts to deliver materials to the Delivery Site in accordance with any time estimate given and will use its best efforts to complete the works on time there may be reasons beyond its control (for example inclement weather or failures or delays on the part of the Company’s suppliers) which may result in delay.
(b) The Customer shall ensure that materials and goods for the Building delivered to the Delivery Site are securely stored and adequately protected on the Delivery Site
(c) The Customer will provide at his own expense, so that the Company can commence work immediately upon arrival at the Delivery Site:-
(i) clear access to, on and around the Delivery Site at all times, suitable for articulated, heavy transport vehicles and road wheeled plant and any other equipment used during the course of the Works, and access to the Delivery Site at all times for the Company’s employees or agents with or without equipment, without notification to the Customer
(ii) a level site cleared of all obstructions including overhead cables
(iii) suitable hard standing to support delivery vehicles and erect cranes and equipment
(iv) an adequate and safe supply of electricity
(v) suitable safe and secure covered storage for materials and goods delivered in advance
(vi) Where the concrete base slab for the Building is being provided by the Customer, it is the Customer’s responsibility to ensure that such slab is constructed in accordance with the Company’s foundation drawing and the concrete at stanchion bases is trowelled smooth, and that the ring beam slab is level to plus or minus five millimetres.
The Company reserves the right to charge for any additional expense caused to the Company as a result of the failure of the Customer to comply with the any of the above requirements.
(d) Abortive Charge
Should the base be deemed unsuitable or unlevel for purpose, an abortive visit charge of up to £800.00 depending on mileage from our works would be charged.
Notification of Defects on Delivery
(a) A representative of the Customer must inspect all materials and goods for the Building immediately the same are delivered to the Delivery Site, or as soon as practicable thereafter. Any visibly damaged materials must be notified by the Customer to the Company as soon as they are discovered or ought reasonably to have been discovered (if earlier)
(b) The Company will not accept any liability whatsoever for materials or goods damaged upon delivery to the Delivery Site
Errors and Omissions
All prices are subject to errors or omissions on the part of the Company. If any such errors or omissions in respect of prices quoted are discovered by the Company prior to the commencement of the Works it may cancel the Contract by written notice to such effect to the Customer (in which event the Customer shall be entitled to be refunded any monies paid to the Company. The Company shall not be liable for any further or consequential losses, or damages howsoever arising or compensation in the event of cancellation pursuant to this condition.
Risk and Insurance
(a) Risk in all materials and goods delivered to the Delivery Site shall in all cases pass to the Customer upon such delivery (save to the extent that risk may be covered by the Company’s Contract Insurances)
(b) The Company advises the Customer that the Company’s Contract Insurances cease immediately upon the signing by the Customer of the Certificate of Practical Completion as referred to in Condition 13(a) of these Conditions.
Title
All materials and goods shall remain the sole and absolute property of the Company as legal and equitable owner until such time as all monies due from the Customer under this Contract have been paid for in full. Until Title passes to the Customer the Customer shall be deemed to hold such materials and goods on a fiduciary basis as the Company’s bailee. During such time the Customer will keep the goods in such manner that they are easily identifiable as being goods belonging to the Company and the Company shall have unencumbered access to its property at all times during normal business hours. In any case of non-payment the Company may (without prejudice to its other rights and remedies) enter the Customer’s property or the property to which the Customer has access and retake possession of the materials and goods (and if necessary dismantle any building works for such purpose) or trace the same or the proceeds of sale in the Customer’s hands or in the hands of any Liquidator, Administrator or Receiver and enter onto any of the premises where the same are located to exercise this right.
Other points to bear in mind with regard to the repair/refurbishment of Battery/System Garages
Concrete Components
All new concrete sections are cast in molds taken from drawings of the original parts. Some minor changes are made to allow for current fixing methods but they are fully compatible with existing parts. Weaknesses in the original design have also been corrected and all concrete down pipes are now lined to avoid internal spalling. The erectors who do this work are specifically trained in the handling of these large panels which can suffer damage at the hands of the inexperienced.
Garage Doors
Today we recommend roller shutter doors in place of up-and-over doors as, in the event of another impact, they can be repaired at far less cost than the older type of up and over door. Up and over doors are generally imported from Germany and now cost more than locally made roller shutter doors. Also there is no internal mechanism with springs, levers and other parts as all the mechanism is concealed within the drum of slats. This also means that less space is taken up within the garage. Note that roller shutter doors cannot be fitted to certain garage designs.
Roofs
Now fibre cement replaces asbestos in most cases as it will overlap any existing asbestos roof sections. On a total re-roof we would fit any of the following base on the client preference, the options currently are metal plastisol, Fibre cement or UPVC.
For further information call us on 0800 316 6390
