Terms and Conditions

MAXLIGHT LIMITED TERMS AND CONDITIONS

These are the terms and conditions on which we supply and install Products. They tell you who we are, how we will provide our Products and installation service to you, how you and we may change or end the contract, what to do if there is a problem, and other important information.

We would like to draw your attention to the specific exclusions and limitations set out in clauses 7.11, 9.10 and 21.

These terms and conditions are important. Please read them carefully before you submit your order to us. Where you are entering into the Contract as a consumer, your statutory rights are not affected. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

About Maxlight Limited

We are Maxlight Limited (Company Registration No: 07888472). Our registered, trading and showroom address is: 333a Western Avenue, London, W3 0BE. Our VAT number is 156553104.

You can contact us by telephoning our Customer Service team on 020 8896 0700 or by writing to us at sales@maxlight.co.uk or at our trading address above. When we issue a Confirmation of Order, we will include your MXL order number and we ask you to please quote this number in all communications.

When you place an order, we will ask you to provide a telephone number, postal address and email address which we can use to contact you. We will only use your personal information to contact you about your Order and as set out in our Privacy Policy.

1. DEFINITIONS AND INTERPRETATION

1.1 In these terms and conditions:

• “Client” means you or the person named as the client in the Quote if this is not you.
• “Confirmation of Order” means our written acceptance of your Order.
• “Contract” means the contract between you and us for the Products and Services comprising: the Quote, these terms and conditions, the Confirmation of Order and the other documents specified in the Quote or Confirmation of Order.
• "Contract Price" means the price payable by you to us for the Products and Services, as shown in the Confirmation of Order (and as varied in accordance with the Contract).
• “OM manual” means the care and maintenance instructions and guidelines for the Products which we provide you after installation.
• “Order” means the order you place for the Products and Services, either directly in writing or, in response to our Quote.
• “Product” means the Products and materials referred to in the Confirmation of Order to be installed at the Site.
• "Quote" means our signed Quote referring to these terms and conditions.
• "Services" means the supply and installation services described in the Quote.
• “Site” means the place where the Products are to be installed and the Services carried out.

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1.2 When we use the words “in writing” or “written”, this includes emails.

1.3 If there is any inconsistency between any of the documents comprising the Contract, the Confirmation of Order will prevail.

2 CONTRACT FORMATION

2.1 A Contract for the supply (and if applicable) installation of the Products will only come into existence once we have issued our written Confirmation of Order to you. Nevertheless, by placing an Order on us, you agree that you may not cancel your Order except in accordance with clauses 2.4 and 2.5 below.

2.2 We will only confirm your Order after we have carried out a survey of the Site to verify that we are able to supply and install the Products (or to supply rooflights only, where you are making your own arrangements for installation).

2.3 On rare occasions, we are not able to accept an Order because components are out of stock, or there are unexpected limits on our resources, or we have identified an error in the published price or description of the Products, or because we are unable to meet a condition that you have specified. If we are unable to accept your Order, we will do our best to let you know and explain why. If we have not been in contact with you within four (4) weeks of you placing your Order, we regret to say that it has not been accepted.

2.4 Up to 24 hours before the scheduled Site survey, you may cancel your Order by notifying us in writing and paying an Administration Fee of £150+VAT. After that time (and up to 48 hours after the Site survey), you may cancel your Order by notifying us in writing and paying (a) an Administration Fee of £150+VAT and (b) such reasonable costs as we will specify to cover our surveyor’s time and travel. If you cancel after this time we will charge for any materials and labour that have been expended upon building your products to that stage. All of these charges will be accounted for and deducted from any refund you might be due.

2.5 Except as set out in clause 2.4 above, you agree you may not cancel your Order without our written consent. We understand that sometimes things change and we will do our best to accommodate any request you make to cancel the Order further down the line, including after we have issued our Confirmation of Order. If we consent to a later cancellation, this will usually be conditional on you agreeing to pay us reasonable compensation for your ending the Contract. The amount of compensation will depend on the stage we have reached; for example, if drawings only have been produced, or if we have obtained bespoke materials and/or glass, or if we have manufactured or part-manufactured your Products.

2.6 For the avoidance of doubt, you will not have to pay an Administration Fee or any other costs if we decline your Order after the Site survey.

3 OUR GENERAL OBLIGATIONS

3.1 We will exercise reasonable skill and care in the performance of the Services.

3.2 We will give not less than 24 hours’ notice of the date when we require access to the Site.

3.3 The Product will comply with the description in the Quote or, if different, in the Confirmation of Order but if any Product to be purchased for the Contract is not available, we may select alternative equipment of a comparable quality and will notify you with relevant details.

4 YOUR GENERAL OBLIGATIONS

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4.1 You will give us access to the Site as we require to carry out and complete the Site survey and the Services without other suppliers or contractors occupying the same area.

4.2 You will also provide at your expense any facilities reasonably required by us (which may include secure storage for equipment and materials, power supply, water etc.).

4.3 You are solely responsible for obtaining any planning permission required for the Services and for any permits and licences needed in the course of the Services unless we have otherwise agreed in writing.

5 OUR QUOTE

5.1 Quoted prices are based upon deliveries and works being carried out during normal working hours (0800~17:00 Monday to Friday, excluding bank holidays), in one continuous installation visit within the confines of a mutually agreed contract programme. If no contract programme is agreed, we reserve the right to review the Contract Price sum in the light of potential acceleration or extended working.

5.2 Quoted prices also assume that materials can be delivered in large/full loads. Multiple visits and multi phased working, to your convenience, will be chargeable, unless specifically agreed and stated in our Quote.

5.3 We will allow for cleaning our installations as they are being installed but not for a further clean. If this is required, charges will apply. All making good/building work is presumed to be by others.

5.4 Quoted lead times are from the date of final drawing approval, in writing.

5.5 We have not included for any additional weatherproof flashing or pressings, covers, cills etc, unless specified within our Quote.

5.6 Our Quote will not include any gutters or downpipes unless stated.

5.7 No allowance will be made for restrictors or trickle vents, unless clarified in our Quote. Please request for these to be included, at additional cost, if required.

5.8 Additional metal bracketry or strapping that may be required for openings will be charged for, unless specified within our Quote.

5.9 Any non-classic RAL colour will warrant additional cost (204 standard RAL colours are available).

5.10 All spacer bars and structural silicone are black as standard. Other than white, no allowance will be made for coloured silicone.

5.11 We make no allowance within our quotes for protecting works, except for some low tack tape on the powder coated aluminium finishes, which we leave in place at installation, unless requested to remove it, which we are happy to do. If we are requested to remove it, we will only replace it at an additional cost. Please note that it must be removed within 3 months of installation, or damage to the surface could possibly occur, as it could be baked by the sun.

6 CHANGES TO YOUR SITE OR BUILDING AFTER SURVEY OR SPECIFYING THE SIZE OF THE PRODUCTS

6.1 When we carry out our Site survey, we measure the size of the openings into which our Products are to be installed, so that we can make our Products to fit.

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6.2 Where you are carrying out building work that affects the installation, it is your responsibility to ensure that you construct the openings to suit the Products you order with us, as advised in the survey information provided to you.

6.3 It is your responsibility to provide any important survey information to your contractors to; ensure any preparation works are completed prior to our installation visit. Should a failed installation occur, you may be charged in accordance with clause 13.2.

7 OUR PRODUCTS

7.1 The images of the Products on our website and other marketing material are for illustrative purposes only and do not form part of the Contract. We cannot guarantee that they reflect the colour of the Products that will be delivered to you. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Changes in lighting will affect how our Products appear. Your Product may vary slightly from those images.

7.2 If we are making the Product to supplied measurements you have given us, you are responsible for ensuring that these measurements are correct. Our Quote allows for one of our surveyors to inspect the Site to confirm measurements and specifications of the Products. If you decline our offer of a survey, you will be liable for any costs arising from you having provided us with incorrect measurements or specifications to us.

7.3 Please check all quoted dimensions are correct prior to proceeding, as we may have had to scale from supplied drawings and have had to make assumptions. We allow a +/- tolerance of 5% to these sizes. Should our Site survey reflect sizes outside of these tolerances, we reserve the right to re-price accordingly.

7.4 Our Quote makes no allowance for shaped glass units, unless otherwise stated, and assumes that all openings are true and square, unless items are clarified as “shaped” in the description.

7.5 Our Quote presumes that we will be provided with true and square structural openings to fix all items into, including a solid base prepared as described in the provided survey requirement document. It further presumes that the building or extension we are installing into will be made compliant with Building Regulation Part F – Ventilation, to ensure proper performance of our Product.

7.6 We allow for a single Survey to inspect the fully prepared structural openings; this allows us to issue the final drawings for your approval, from which time our standard lead-time for manufacture and installation commences. If the Site is not 100% ready at this survey, we will return to site, usually 3 weeks later, for a pre- installation inspection to confirm the openings are now fully formed and correct. If on this second visit, you are still not ready, we reserve the right to re-schedule your installation time by up to 6 weeks. If we must return for a third or subsequent visit(s), this will be chargeable on a time and distance basis at our then standard rates.

7.7 For our Maxlight system, we draw elevations, plans and sectional drawings only. We will not detail the surrounding finishes within our design drawings, unless stated within our Quote. We have allowed for 1 set of design drawings plus 1 revision only. If additional drawings or revisions are required, we reserve the right to charge for preparing these at a rate of £50/hour, or part thereof. We have made no allowance for any structural calculations or testing.

7.8 In lieu of a detailed specification from you, we will always design and price to relevant industry standards. Where specific requirements or standards need to be met, these must be communicated at the Order stage. We cannot and do not advise on specifications or standards outside of the immediate scope of the Contract.

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7.9 Drawings must be approved in writing by you (and the Client where this is not you). Production cannot commence until drawings have been approved. We will only be required to make one request for approval and it will not be our responsibility to send you further reminders. If approval is not received within 90 days of our first request, we will be entitled to increase the Contract Price in line with prevailing aluminium and glass costs or to terminate the Contract for your material breach.

7.10 It is your responsibility to ensure that, if required, all openings are secured overnight with a temporary structure, throughout our installation process.

7.11 Snagging/ remedial visits. We may require access after the initial installation to complete remedial or snagging work. We will confirm appointments with you prior to attendance

8 PRODUCT QUALITY GUARANTEES AND EXCLUSIONS

8.1 We give the following guarantees on our Products:

8.1.1 Aluminium Products – Aluminium frames are guaranteed against distortion and joint failure for 10 years from the date of delivery or installation.

8.1.2 Glass – Glass sealed units are guaranteed against failure of hermetical seals (i.e. misting between panes) for 10 years from the date of delivery. This guarantee does not cover glass breakage after installation, which is at your risk.

Nickle Sulphide Caution

As part of the normal float glass process, the toughened glass we use may occasionally contain nickel sulphide inclusions which can lead to future spontaneous breakage. The risk of this can be considerably reduced if the glass is heat soaked. This has a cost attached to it and can be priced separately. Even after heat soak testing, we cannot guarantee the exclusion of all nickel sulphide inclusions, or can we take responsibility for the costs incurred for the replacement of any affected units or damage resulting from their failure. For certain overhead panels, heat soaking is mandatory as a safety precaution and will be included as standard.

Please feel free to contact us for further information and prices.

8.1.3 Locks, locking mechanisms, wheels and seals/brushes carry a 5-year warranty in line with their own manufacturers standard warranty. This is as they are wearing items that need some level of maintenance as described in our O&M document.

8.1.4 We follow guidelines set out by the Glass and Glazing Federation (GGF) for quality and clarity of glass and these guidelines are incorporated into the Contract.

8.1.5 Sealed units containing at least one piece of 6mm glass or sealed glass units over 180KG are not covered by the domestic glazing visual guidelines, these are covered under commercial visual standards.

8.1.6 Powder Coating – Our powder coated Products (excluding pressings & trims), are guaranteed for a period of 10 years period for paintwork, against corrosion. See below for marine environments. We follow the guidelines set out by Qualicoat (15th edition) for the quality of our powder coating.

8.1.6.1 We guarantee powder coated Products for 10 years against corrosion when Products are installed between 500m and 5.6km from high tide saltwater environments, providing a marine grade finish has been specified. This does not cover pressings or trims.

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8.1.6.2 When we are installing powder coated Products within 500 meters of the high tide saltwater line, we cannot guarantee the powder coated material because the salt air is more corrosive.

8.2 When replacing glass units under guarantee we will do so on a like for like basis. If an exact replacement is no longer available, we will supply the nearest equivalent available. Due to the natural coatings changing from time to time there may be shade or colour variations in replacement units.

8.3 Our guarantee does not cover the cost of specialist handling or lifting equipment needed to replace Products under guarantee. In cases where the need arises because access to the site has become more difficult since installation, or if specialist handling or lifting equipment was used during the original installation. Therefore, this may incur additional charges which are not covered under this warranty.

8.4 We use RAL ‘Classic range’ codes to identify colours used in paint. RAL codes can be the same across different manufacturers and there may be shade or colour variations. We can provide samples of our RAL colours, however these may also have subtle variations from the actual final Product and are indicative only. When trying to match up to other Products supplied by third parties, we cannot accept liability if the RAL code is of a different shade.

8.5 We cannot guarantee the colour or paintwork quality of the thermal break (plastic polyamide between aluminium sections), which can be susceptible to colour change, paint flaking over time or lack of powder coating during the paint finish. The colour or paintwork on the thermal break cannot be altered post powder coating.

8.6 It is your obligation to regularly maintain and clean the stainless-steel elements of Products supplied to you, to maintain their appearance. A lightweight cloth or nylon brush should be used. At no time should any scouring brush or abrasive be used on any Product as this may damage or scratch the stainless steel.

8.7 Any cladding supplied is for decorative purposes only, weatherproofing and substrate is to be provided by others.

8.8 Where stainless steel is sited near to the sea or in an area where there is heavy atmospheric dirt and or traffic film should receive more regular cleaning, otherwise brown staining may appear on the stainless steel.

8.9 If regular cleaning is not carried out, our quality guarantee will be void. Dependent on the Product, it is possible that the discoloured stainless steel item cannot be replaced, and the complete Product would need to be replaced to restore the original appearance. In these circumstances we will only be able to replace the Product on payment of our then quoted price.

8.10 Testing vs real life performance. The determination of design wind pressure and the performance under tests that we undertake, are only an indication of suitability of Products for the intended Site. They do not guarantee complete airtightness or that leakage will not occur in unusual extreme weather conditions that may be experienced. For example, it is possible that windows may leak during a prolonged spell of driving rain caused by a storm. This does not indicate that the Products are not fit for the Site. It is not unusual to see water within the channels of a window or door frame in such circumstances. The provision for drainage of water is designed in such a way that sometimes water will be visible as it passes through the drainage system to the exterior face. The use of trickle vents may cause a slight draft, and in some extreme weather events water ingress is possible.

8.11 Weather tightness after installation. We will where possible make your Product weather tight, however our Products normally form a small part of a larger project and external finishings by others may be required to completely seal in our Products. These finishings include but are not limited to render coatings, claddings, external patios & drainage systems. Where we install a damp proof membrane this needs to be turned up 90 degrees by a third party before the internal floor finishings are laid to complete the tray.

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8.12 Render coatings / claddings after installation. Where you are having render coatings or claddings after our installation, we may leave the Products with a foam finish instead of silicone. During the time between installation and external finishing your Products may not be weatherproof and we cannot be held liable for ingress of water.

8.13 If we reasonably consider that defects have arisen through failure to maintain the Product in accordance with the O & M Manual, we reserve the right to charge you a call out and labour fee together with the cost of replacement components required.

8.14 Our Products accept very minimal tolerance for steelwork/lintel deflection. If we reasonably consider that defects have arisen through deflection of steelwork/lintel situated above our installed Products, we reserve the right to charge you a call out and labour fee for a non-warranty visit together with the cost of our replacement components required.

9 OUR GUARANTEES

9.1 Guarantees are only issued when final payment has been received and will then run from the date of installation.

9.2 We must be notified of all guarantee claims in writing to: sales@maxlight.co.uk. You must do so promptly in any event within 7 days of noticing the issue.

9.3 All guarantees are given subject to the following conditions:

9.4 We must have received full payment for the Products.

9.5 In respect of the warranties at clauses 8.1 and 8.1.1 and any warranties in respect of Products with stainless steel fittings, we must have installed the Products.

9.6 You must have used and maintained the Products in accordance with the OM manual, where supplied, and not have altered the Products.

9.7 You have sought and followed our advice before attempting to attach devices or fittings (such as a home alarm) onto or around the Products.

9.8 We shall be under no liability in respect of any defect in the Products arising from any drawing, design or specification supplied by you.

9.9 We shall be under no liability in respect of minor imperfections or cosmetic deterioration, caused by normal wear and tear, or environmental factors.

9.10 These terms and conditions apply to any replacement Products we supply to you under the terms of our guarantees.

10 MATTERS WHICH VOID OUR GUARANTEES

10.1 Our warranty will be voided if any of the following occur, without our prior agreement in writing:

10.2 Products are not maintained as per our operation and maintenance guidelines.

10.3 Door ratios (height over width) in excess of 3:1 are generally against our recommendation and each design will be considered on its merits.

10.4 Glass panels in excess of 9m² are generally against our recommendation and each design will be considered on its merits.

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10.5 Frames sizes have to be altered, where feasible and have to be cut down at the installation stage on site, to allow for agreed but incorrectly prepared structural openings.

10.6 Recommended roof supports are deleted or subsequently removed by anyone other than us.

10.7 Door upstands are not formed in line with our clear recommendation.

10.8 Rooflight upstands are not formed in line with our clear recommendation.

10.9 Other changes are made outside our design recommendations or changes are made post installation by anyone other than use.

10.10 Inadequately ventilation leading to condensation on glazing. This is all covered in Building regulations Part F.

10.11 Blockages to track drainage preventing water egress.

10.12 Building movement as result of unloaded lintels during survey/calculated deflection unconfirmed trapping the glazing.

10.13 Water ingress in the cavity and or overhead lintels, which then finds a way through into our top tracks, which are not waterproof.

10.14 Ground movement leading to changes of level.

10.15 Client instruction to change standard locking specification.

10.16 Glazing installed beyond the external line of the building negating thermal properties.

11 TRANSFER AND EXTENSION OF PRODUCT GUARANTEE

11.1 Our Product guarantee is transferable for a fee as shown below, on sale or transfer of your property, to the new owner, upon receipt of proof of the property transfer, written consent from the new owner and payment of our prevailing charges detailed below.

11.2 All transfers are subject to a site inspection to confirm Product has been maintained properly. Once signed off the new user will receive a new OM manual.

11.3 Charges for guarantee transfers are dependent on total contract value, as follows:

11.4 £250 +VAT – Site inspection fee (on all transfers), if within the M25. In addition, outside the M25, mileage will be charged at a rate of £1/mile or at the then prevailing mileage rate.

11.5 £300 +VAT – Transfer fee for Contract value up to £15,000

11.6 £600 +VAT – Transfer fee for Contract value >£15,000

12 DELIVERY

12.1 The costs for delivery are included in the price we confirm to you when the Confirmation of Order is issued.

12.2 Only once drawings have been agreed and signed off by you, we will let you know when we will install the Products.

12.3 Restricted Access. Our Products are heavy and may be delivered on a large vehicle so it is important that you advise us of details of any restricted access (e.g., narrow drive/overhanging trees/uneven surfaces such as

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gravel or cobbles and parking restrictions etc.) before delivery so that the most suitable delivery vehicle can be used for your delivery. We need to be informed if there are concealed drainage or underground voids and we cannot be held responsible for any damage to our or your property in the event of any damage or delay. If you do not provide such information to us, or, we have not surveyed the installation, we may not be able to deliver the Product to the address given to us by you and the Product may have to be returned to our premises, in which case you may have to pay our reasonable charges for storage and/or rearranged delivery.

12.4 Parking Charges. If you live in an area with restricted parking, please be advised that it is your responsibility to provide a permit or a parking space for our installation and delivery teams or provide payment for a parking meter during both the survey and installation period. If we have to deliver during restricted times, you will be responsible for any additional cost incurred, if you have failed to make the correct arrangements.

12.5 Installation appointment cancellation/ postponement. If you wish to postpone your delivery from a previously agreed date, we must receive 7 full working days’ notice that you wish to abort the installation otherwise we reserve the right to apply cancellation charges. We will then offer you alternative delivery and installation dates to our convenience.

13 INSTALLATION

13.1 When each phase of installation is complete, we will photograph our works and complete a sign off sheet, which clearly defines and records what we have done, whether it is clean etc. This needs to be signed off when we finish on site, by you or your representative. If there is no one available to sign off at the time of completion, we will sign in your absence.

13.2 Scaffolding and Hoarding. Any obstructing scaffolding or hoarding must be removed from the immediate installation area prior to installation, unless agreed with one of our surveyors or site managers. Failure to do so may result in the installation being aborted and an installation charge being applied. We are not responsible for replacing any scaffolding or hoarding at any time.

13.3 Onsite attended failed installation. If we attend the Site and for whatever reason we cannot install your Products on the scheduled installation date then we reserve the right to charge a failed installation charge, this charge will be calculated considering any significant factors and costs that we may incur. Where a failed installation takes place, the failed installation charge and any final balance due is required to be paid in full prior to our re-attendance.

13.4 Lintels / steel support. If during survey or installation, we find that lintels/support is deformed, missing or inadequate for our specified purposes, it is your responsibility to install correct supports, to your structural engineer’s detail. We may have to leave the Site in these circumstances and cannot be held liable for any delays in returning once the building works have been completed.

13.5 Structural alterations us. We do not alter brick or block work as part of our installation nor do we cover any plasterwork, electrical or plumbing works to accommodate the installation. We also do not cover the costs of replacing any joinery or skirting boards or making good any flooring or floor covering.

13.6 Alarm & other cables. We cannot take any responsibility for any disconnection or reinstallation of any electrical cabling running into or through an aperture or concealed within an area into which we are fixing.

13.7 Internal and external finishings. Any internal or external finishings including but not limited to cladding, render, plaster and painting are your responsibility unless specified and fully detailed and agreed, in writing, on

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the survey report. Any making good works are your responsibility. We do not make good internal or external finishings and these are not covered by any part of our guarantee.

13.8 No other tradespeople. During installation, you will need to ensure that there are no other tradespeople working in the direct vicinity of the installation area. This ensures that your Product is installed safely and that no damage occurs to your Product by a third party, during this time.

13.9 Site cleanliness and access. We will require the Site to be in a safe condition with good access for our installation teams to install the Products. You are responsible for ensuring there is clear access to all the openings we are installing Products into.

13.10 Site welfare. We remind you that by law, under HSE directives, you must ensure that both toilet and washing facilities are available, clean, and on site. Failure to comply with this may result in additional charges being levied by us if we have to provide such facilities ourselves or, suffer an aborted installation. These charges would only be levied until the condition has been resolved. Any aborted visit will be chargeable and will only be scheduled as and when our installation program allows.

13.11 If payment terms have been met, we will leave a key for each lock on site, as set out in the sign off sheet. Further keys and our warranty agreement will sent by Special Delivery to you, the Client or, some other named recipient as you have instructed us in writing of. For security reasons, we will not send out additional keys without your written confirmation of the authorised recipient. We use Royal Mail for this process which requires a signature upon receipt. We cannot accept responsibility should the package not arrive in the hands of the authorised recipient, although we will replace any mislaid keys, but not locks, should loss occur.

14 LIFTING, HANDLING & ACCESS EQUIPMENT

14.1 We will let you know after we have completed our Site survey, if we determine that a crane or other lifting equipment is needed to install our Product at your site. Our Quote will not initially include the cost of specialist handling or lifting equipment. When we carry out a site survey, we will only then be able to identify if such equipment is needed. We cannot specify the cost of such equipment before survey and if such equipment is needed for installation, we will discuss the cost with you after survey and agree it with you before we issue Confirmation of Order. The use of cranes is sometimes complex and requires applications of special licences for road obstruction or closure. We strongly recommend that you allow us to manage this to ensure a smooth and timely & turnkey installation.

14.2 We accept no responsibility for lifting and/or handling equipment used to move or install our Products unless it belongs to us or has been arranged by us. We cannot accept responsibility for lifting or sharing the use of any crane lift to lift anything not supplied by us.

14.3 We may provide or hire access equipment on your behalf, this includes but is not limited to mobile tower scaffolding. This equipment may be hired before the installation takes place and off hired after the installation team leave site. It is your responsibility to ensure the equipment is kept safe and secure during periods of time that we are not on site. If it is not, we reserve the right to recover from you any charges levied on us by the relevant third party hire companies.

15 IF THERE IS A PROBLEM WITH THE PRODUCTS

15.1 If you have any questions or complaints about the Products, please contact us. You can call us or tell us in writing using the contact details at the beginning of these terms and conditions.

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15.2 We are under a legal duty to supply Products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Product. Nothing in these terms will affect your legal rights.

15.3 Your obligation to return rejected Products. If you wish to exercise your legal rights to reject defective Products you must either deliver them back to us or, allow us to collect them from you. We will pay the costs of delivery or collection. Please let us know by calling us or telling us in writing using the contact details at the beginning of these terms so we can arrange collection.

16 CALL OUT CHARGES FOR NON-WARRANTY VISITS

16.1 We reserve the right to impose call out charges for non-warranty visits. A non-warranty visit is either a visit requested after the warranty has expired, or the visit within the warranty period was as a result of a non-warranty event.

16.2 Our current charges are:

17 VARIATIONS

17.1 If you wish to omit or vary any of the Product or Services, you must inform us in writing. We will, as soon as practicable, notify you of the estimated cost of the variation and the likely effect on the Contract period and date for completion.

17.2 Unless you withdraw your request for a variation when you receive our quote, the Contract Price will be adjusted in accordance with our estimate (or as otherwise agreed between you and us) and an appropriate extension of time for completion of the Services will be agreed.

17.3 If a variation is made verbally, it will only be binding on us if we confirm it in writing within 3 working days.

17.4 We will notify you if we encounter any difficulties which we could not have reasonably foreseen when submitting the Quote and, in those circumstances, a fair and reasonable adjustment to the Contract Price and the date for completion will be made.

17.5 We reserve the right not to comply with any request for a variation which in our opinion is not acceptable or which would increase the Contract Price by more than 25% (unless in the latter case we receive sufficient security for the additional costs).]

18 CONTRACT PRICE & PAYMENT

18.1 The Contract Price is stated in the Confirmation of Order and it may be varied in accordance with these terms and conditions.

18.2 All quoted prices are net (exclude VAT) and do not allow for cash or any trade discounts and are open for acceptance for 90 days. We do not accept retention being withheld and we make no allowance for and do not provide performance bonds or collateral warranties. The prices quoted are on the assumption that you are

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contracting the entire Quote. If you select less than all the items (not alternatives or substitutes), we reserve the right to re-quote accordingly.

18.3 The Contract Price, which excludes VAT but includes installation and delivery, will be provided to you by our staff when we send you the results of our survey. We will require your acceptance of the Contract Price before we issue a written Confirmation of Order.

18.4 If the rate of VAT changes between your Order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect. We will in any event issue a valid VAT invoice on receipt for each such amount.

18.5 Payment terms are as follows:

1. (a) 50% of the Contract Price when you place your Order;
2. (b) 50% of the Contract Price 7 working days before installation of the Products;

We accept payment by debit card, Mastercard, Visa, Amex and bank transfer.

18.6 If you fail to pay any amount properly invoiced, we can give 7 days’ notice to suspend all or part of the work until the payment is received. Any period of suspension will entitle us to any additional costs we incur, as well as an extension of time for completion of the Services. If full payment of the outstanding amount is received by us before expiry of the notice period, the suspension notice will be cancelled. We reserve the right to charge interest if you pay your invoice late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of HSBC Bank plc from time to time, but if the base lending rate is 0% or below, we will charge interest of 5%. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment, should we resort to recovery. You must pay us interest together with any overdue amount.

18.7 If you think an invoice is wrong, please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

18.8 For reverse VAT purposes, we will assume that you are an end user or intermediary supplier unless you advise us in writing that you are not.

19 PROPERTY AND RISK

19.1 The risk of loss or damage to the Product at the Site, except when caused by our wilful default, rests with you who should insure the risks at your expense.

19.2 Ownership in the Products will remain with us until we have received payment of all amounts due from you.

20 INSURANCE & LIABILITY

20.1 Unless otherwise stated in the Quote, you will be responsible for (a) insurance of the Services to their full value, including all Products at the Site, with us named as co-insured and (b) insurance of any building at the Site where the Services are to be performed.

20.2 We will take out and maintain the following insurances: (a) Public Liability Insurance for £1,000,000; and (b) Employer's Liability Insurance.

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20.3 Each party will provide the other upon request during the Contract period evidence that the insurances for which it is responsible are in place.

21 DURATION, HANDOVER & DEFECTS LIABILITY

21.1 The proposed commencement date and completion date are shown in the Quote. Dates are given by us in good faith but, unless specified in the Quote, dates are not guaranteed.

21.2 We will notify you within 5 working days of becoming aware of any event beyond our control which may prevent or delay completion of the Services. The notice will specify the cause of the delay, the likely effect on the completion date and our proposals for dealing with the matter. The completion date will then be extended as agreed by the parties or, failing agreement, decided under clause 26. We acknowledge that we must take reasonable steps to mitigate or reduce any delay.

21.3 We will give you notice of our intention to hand over the Services and give you the opportunity to inspect the Services prior to handover. We will then confirm the date of handover to you.

21.4 When the Contract provides for Product to be tested on completion, unless otherwise agreed in writing, you will perform the tests under our supervision.

21.5 Any defect must be notified promptly and in any event within 7 days of you becoming aware of the defect. When we accept that the defect is our responsibility, we will have the option either to repair or replace the defective Product.

21.6 Where any of the Product supplied by us has the benefit of a manufacturer’s warranty, we will take steps to procure that you have the benefit of that warranty. We will not be liable for any defect in the Product and your remedy will be with the manufacturer (except to the extent that a defect is due to our proven negligence).

21.7 Except for our liability to remedy any defect for which we are responsible, and which is notified to us within the period stated in our Product warranty, we will have no liability to you (whether in contract or in tort or for breach of statutory duty) for any other direct, indirect or consequential loss incurred by you, including but not limited to loss of use or loss of profit. We do not accept apportionment of Liquidated Ascertained Damages (LADs). Moreover, our aggregate liability under the Contract will not at any time exceed the Contract Price or the limit specified in the Quote, if less. However, liability for death or injury of individuals due to our negligence is unlimited.

21.8 All terms, conditions and warranties implied by law, trade use or otherwise (including but not limited to any warranties as to quality or fitness for purpose) are excluded to the extent permitted by law. You acknowledge that the only warranties are those given expressly by us in these terms and conditions. If you are a consumer, however, your statutory rights are not affected.

22 OUR RIGHTS TO MAKE CHANGES

22.1 We may change any Product without notice: (a) to reflect changes in relevant laws and regulatory requirements; and (b) to implement minor technical adjustments and improvements. These changes will not affect your use of the Product.

22.2 If we have to make significant changes to the Product, we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.

23 TERMINATION

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23.1 We may give notice to terminate the Contract if: (a) you fail to make any payment to us within 14 days of the payment date; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products made to your Order; (c) you do not, within a reasonable time, allow us to deliver the Products to you; or (d) you commit any other material breach of the Contract.

23.2 You may give notice to terminate the Contract if we commit a material breach and, in the case of a breach capable of remedy, fail to take steps to remedy the breach within 30 days of being requested to do so in writing.

23.3 Either party may terminate the Contract if the other becomes insolvent or bankrupt or has a receiver, manager, administrative receiver or liquidator or trustee in bankruptcy appointed.

23.4 Termination will not affect the accrued rights and liabilities of the parties at the termination date.

24 INTELLECTUAL PROPERTY

All copyright and other intellectual property rights in designs and documents prepared by us will remain our sole property. You will have a licence to use them, but only for the purposes for which they were prepared. We will have a similar licence in respect of drawings and documents you issue to us.

25 FORCE MAJEURE

We will not have any liability to you if prevented from performing the Contract on account of force majeure which includes, but is not limited to, severe weather conditions, fire, flood, epidemic, war, terrorism, strikes or difficulty in obtaining materials or labour. In any of these circumstances, we will promptly notify you and have the right to suspend performance under the Contract for up to 3 months. If the force majeure is not resolved or otherwise circumvented after that time, either party may terminate the Contract and you will receive a refund for any Services you have paid for but not received.

26 DISPUTES

26.1 The parties will endeavour to settle any dispute or difference amicably by direct negotiation.

26.2 If you and we are unable to settle the dispute, either of us may refer it to adjudication in accordance with the CEDR (Centre for Effective Dispute Resolution) Adjudication Rules. The decision of the adjudicator will be final and binding on the parties unless a notice of dissatisfaction is served by either party on the other within 28 days of the decision.

26.3 Subject to clause 26.4, any dispute that is not resolved by negotiation or adjudication will be finally settled by the courts of England and Wales.

26.4 If you are a consumer and live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the courts of England and Wales. If you are a consumer and live in Northern Ireland, you can bring legal proceedings in respect of the Services in either the Northern Irish or the courts of England and Wales.

26.5 These terms and conditions and the Contract are each governed by the laws of England and Wales.

27 GENERAL

27.1 Notices. Every notice will be in writing and delivered by hand or sent by first class post to the address of the recipient. A notice sent by post will be treated as having been received two working days after posting. A notice delivered by hand will be treated as having been received at the time of delivery unless this is after the normal

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working hours of the recipient, in which case delivery will be treated as occurring at 9.00 a.m. on the next working day. Notices may not be served by email.

27.2 Assignment. Neither party will assign any of their rights or obligations under the Contract without the prior written consent of the other.

27.3 Subcontracting. We will not sublet all of the Services, but we will be entitled to sublet parts of the Services. Subcontracting will not relieve us of our obligations under the Contract.

27.4 Entire Agreement. The Contract is the only agreement between the parties and supersedes any previous arrangements, agreements or understandings relating to the Services.

27.5 Amendment. Any amendment to the terms of the Contract will only be effective if in writing and signed by your and our respective authorised signatories.

27.6 No Reliance on Warranties. You acknowledge that you have not relied on and will have no remedy in respect of any statement, representation, warranty, or undertaking of any person (whether a party to the Contract or not) other than is expressly set out in the Contract. However, nothing in this clause will limit or exclude liability for fraud.

27.7 Severance. If any provision of the Contract becomes illegal or unenforceable, this will not affect the legality or enforceability of any other provision of the Contract. In that situation the parties will, where possible, use reasonable endeavours to agree an alternative provision which is legally enforceable.

27.8 Waiver. The waiver by either party of a breach by the other in the performance of the other’s obligations under the Contract will not constitute a waiver of any default nor will failure to complain of any default constitute a waiver of that default by the other party.

Customer Declaration

I confirm that I have read and agree to the Maxlight Limited Terms and Conditions attached to this document. By signing below, I accept both the order details and the Terms and Conditions.

Signature: _________________

Name: ____________________

Date: _____________________

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