Lynx Interior Design Group - Standard Conditions of Trading for Dental Clients

This quotation is based on the following conditions of trading. These conditions shall be deemed to be incorporated in any contract based upon this quotation to the exclusion of all other terms and conditions whatsoever (Except as otherwise agreed in writing expressly referring to these conditions between the customer and the manufacture). This quotation is an invitation to treat only and is subject to confirmation by Lynx Interior Design Group (henceforth referred to as the supplier) on receipt of the order. No contract shall be made between the parties unless and until such confirmation is given.

A) Drawings:

The plans, drawings, specifications and samples submitted by the supplier (whether before or after making of a contract) are the property of the supplier to be used by the supplier only. They may not be used by the customer or reproduced, or communicated to a third party without the supplier’s express written consent.

B) Variations:

  1. In case of any discrepancy between drawings and specifications the specification shall prevail.
  2. The specification and quotation detail work allowed for and variations caused by the requirement of Local Authorities or Surveyors or by physical conditions on site which were not known to the supplier at the date of quotation or by changes in the customer’s instruction will be charged or credited for appropriately.
  3. The supplier agrees to complete the work within the time stated in the quotation but overtime work undertaken at the customer’s request to complete the work before this date may be subject to extra charge.
  4. All prices quoted are subject to a full and final site investigation – should any additional works be found necessary / requested, a detailed list will be prepared along with appropriate quotation for your approval prior to works commencing.
  5. Separate quotations for additional works or items you may require will be prepared for your consideration upon request.
  6. Should you elect to be away for the duration / part of the estimated site time – We will require a contact number and/or suitably authorised person available in the unlikely event of any unforeseen issues arising which may require consent.
  7. All existing wiring, mains boards, consumer units etc. Are to comply to NIC 16th edition regulations -  should all / any of the existing equipment  materials found to be sub standard – additional costs for upgrade works will be incurred – Subject to further investigation by qualified electrician.
  8. Any costs arising from any requisite consents / permissions which may be found to be necessary are included within the quotation. The costs where applicable, will be payable directly by yourselves.

 

C) Materials:

  1. The supplier gives no warranty to fitness for purpose in respect of products or materials which have been specified by the customer and which are referred to in the quotation.
  2. The supplier will endeavour to match in colour and / or texture but samples submitted must only be taken as a fair example of the bulk (e.g Marble, granite, timber, anodised metal etc…)
  3. Any existing structures or materials on the site replaced by new work will be taken away and will become the property of the supplier unless agreed otherwise in writing.

D) Insurance:
The risk in all materials and products which are both delivered to the site and intended to be incorporated in or form part of the work shall pass to the customer upon delivery and he / she should insure accordingly.

E) Ownership:
The property in any materials and products which are delivered to the site by the supplier shall not pass to the customer unless and until the customer pays for such materials and products.

F) Fixing facilities (site):
The customer shall provide the supplier with full, free and uninterrupted access to the site at all times and shall provide on site, without charge, an adequate supply of water and electricity during the process of the work, and facilities for the storage of plant and materials necessary for carrying out the work. Any delays, extra work or costs or losses caused as a consequence of the failure for any reason of the customer to provide such access, supply and facilities or for any other reason within the control of the customer shall be charged to the customer as an addition to the contract sum.

G) Liabilities:

  1. The supplier shall be responsible for damage to existing glass or other materials, stock, merchandise, fixtures fitting or goods on the site not property of the supplier, provided always that the damage is due to the negligence of the supplier.
  2. The supplier shall not be responsible for loss or delay resulting from causes outside his control (including but without limitation, strikes, lock-outs or “working to rule”) and work may be partially or wholly suspended upon  notice being given by the supplier until the dislocation in working is ended. The time for completion of the work shall be extended by the time of any suspension and any loss of expenses arising therefrom shall be borne by the customer and paid to the supplier by the way of an addition to the contract sum.
  3. For the avoidance of doubt the supplier will not be responsible for damage to work on site by fire, flood, excessive damp or heat or other causes operating before or after completion of the work which are beyond the supplier’s control.
  4. Any additional works which may be found to be necessary will be carried out under your instruction. We will endeavour to complete these works within the allocated time slot where possible. However, this cannot be guaranteed.
  5. Lynx IDG cannot undertake any works to technical equipment and / or IT equipment / comms equipment (sight test equipment / computers / telephone / telecommunication systems etc…)  These works are the responsibility of others and to be arranged independently by yourselves.
  6. Lynx IDG cannot guarantee start date offered unless all relevant paperwork is received signed in good time.
  7. Lynx IDG must be notified of any damages/omissions within 14 days of the invoice date.

H) Defect after Completion (and Liability):
For installations carried out by our nominated fitters or shopfitters and subject to (C) (I) above should any defect arise which are due to faulty materials supplied or workmanship carried out by the supplier and / or his sub-contractors they shall be rectified without charge provided that notice of such defect shall be given in writing by the customer to the supplier within 14 days of discovery of the defects and in any event within 3 calendar months of practical completion of the work. No liability whatsoever will be bourne by the supplier for damage/loss where installation has been carried out by a fitter or subcontractor arranged by the customer or any other third party.

I) Payment:
An initial payment of 45% of the total contract value is required upon placement of order, a 2nd stage payment of 45% is payable 2 weeks prior to installation, the balance to be paid in full upon delivery / installation / practical completion . This is the time at which the works are completed to a level deemed acceptable to begin / resume trading and payment is due in accordance with the above with a maximum of £1000 retention for any outstanding works subject to value (only until such time as outstanding works are completed – whereupon the full retention becomes payable immediately) .The supplier reserves the right to suspend manufacture or installation should the deposits not be received as contracted. Any loss and expense suffered by the supplier as a result of such suspension under this clause shall be added to the contract sum. Interest will be charged by the supplier at the rate above Bank of England base rate as provided under the Less Payment of Commercial Debts (interest) Act from the date on which payment is due on any unpaid stage payment – N.B) Deposits paid are non refundable under the terms of this agreement.

NB) Should you elect to use your own finance company (as opposed to a Lynx I.D.G approved finance provider) you must ensure that they are prepared to operate the same terms of payment – Alternative schedules will not be acceptable.

J) Termination:
In the event of the customer’s premises being destroyed or substantially damaged by fire, the customer shall be at the liberty to terminate the contract by written notice to the supplier upon paying the supplier the value of the work actually executed and material and products supplied or appropriate to the contract and any loss of expense caused to the supplier.

K) VAT:
All references to the “contract sum” in these conditions are references to such sum inclusive of tax.

L) Adjudication:
Should you dispute or difference arise between the parties under the Contract then either Party shall have the right to refer that dispute or difference for adjudication to an Adjudicator to be appointed by the Academy of Construction Adjudicator all in accordance with the Section 108 of the housing grants, Construction and Regeneration Act 1996 or any revision thereto. Following referral of a dispute for adjudication under this clause it shall be a condition precedent to the commencement of arbitration or litigation proceeding in respect of the same dispute or difference, that adjudication be fully carried out as an obligatory first stage dispute resolution procedure.

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