The Terms And Conditions of Lyons Restoration Ltd
Registered in England and Wales Co. No. 8382112
1. Parties to the agreement.
This agreement is made between Lyons Restoration Ltd (LRL) and The Client Where the client is not an individual The Client hereby warrants that the authorised signatory whose details appear in the work order form (“the Authorised Signatory”) has The Client's full authority in all aspects in relation to this agreement. Each of these terms and conditions apply between LRL and the client as specified in an LRL Restoration Work Order or Upholstery Estimate (RWO/UE) document unless otherwise agreed in writing signed by LRL and The Client (or Authorised Signatory).
2. Description of Item.
LRL will have no responsibility for the accuracy of the description of the item in an RWO/UE.
3. Agreed Documentation.
It is in the interest of The Client, LRL and the item that:
a. Prior to any work being carried out by LRL an accurate and detailed preliminary report is made as to the condition of the item.
b. For lengthy or complicated works, interim “progress reports” are made. Any such report if signed by LRL and the Client (or Authorised Signatory) shall be considered a part of this agreement and shall be conclusive evidence of the condition of the item, the nature of the work and its intended results.
c. After completion of the work by LRL, a final report is made detailing the work carried out by LRL and the condition of the item.
d. A photographic record of the condition of the item is made. LRL retains the copyright in all reports, drawings, photographs or other forms of documentation made under or in relation to the work order. Such reports, drawings, or photographs may not be reproduced in whole or in part without LRL's written consent which may or may not be given on such terms as LRL thinks fit or declined with or without reason.
Documentation is only produced on request.
4. Agreed Work.
LRL shall perform the agreed work set out in the description of work section of the RWO/UE. By accepting these terms and conditions The Client hereby warrants to LRL that The Client is the legal owner of the item or has all necessary rights, licences and permission to authorise LRL to carry out the agreed work and that the item is free of all liens, charges and encumbrances of any nature. The Client shall indemnify and hold LRL harmless against all costs, claims liabilities and expenses incurred by LRL in connection with any claim by any third party that The Client was not entitled to permit the agreed work to be carried out. LRL shall use all reasonable care and diligence in carrying out the agreed work. If any process is to be applied by LRL in accordance with a specification submitted by The Client, The Client shall indemnify LRL against all loss, damages, costs, claims and expenses suffered or incurred by LRL in connection with or paid or agreed by LRL in settlement of any claim of any nature by The Client or any third party arising out of or connected with the said process. LRL reserves the right to refuse requests contrary to ECCO professional guidelines. The Client hereby acknowledges that the item is subject to natural variations and deteriorations of colour, quality, markings and other visible and non-visible attributes. The Client hereby agrees and acknowledges that such variations and deteriorations are innate to the item and shall not form the basis for The Client to reject all or part of the item nor give rise to any claim by the client against LRL. The Client hereby acknowledges that the need for further work may arise during the undertaking of the agreed work. The Client agrees that any additional work incurring an increase in costs of less than 5% of the estimated total will not require the consent of The Client. Additional work incurring an increase in costs of more than 5% of the estimated total will not be carried out without The Client's consent. There is no obligation to agree to proceed with such further work, however, depending on the amount of work already done there might be a charge even if the work is not continued. Quotes are valid for three months after issuing. All old covers and/or cushions removed will be discarded unless otherwise advised by the client.
On receipt of the an RWO/UE LRL will schedule the agreed work and notify the Client of the planned completion date. LRL operates a ‘slot’ system for upholstery where work is booked in slots. Time allocated for a job is based on the extent of work quoted for. If a quote is revised and more work is agreed to LRL cannot always guarantee any time scale or deadline as other customers slots have to be honoured. If a slot is agreed and the customer fails to deliver the furniture/have the required fabric or can’t be contacted, LRL will retain the right to cancel the job entirely. Any dates or periods of time quoted in the RWO/UE in relation to the carrying out or completion of any work, or the making of any report or specification are estimates only and the time of the completion shall not be the essence of the Contract. LRL will endeavour to complete the agreed work within the estimated time but LRL shall not be liable for any loss or damage resulting from any failure by LRL to perform any obligations by any date, or within any period of time, quoted in the RWO/UE.
The estimated cost is indicative only and is not a fixed quotation unless previously agreed with The Client. The estimated cost shall be open for acceptance by The Client for a period of three calender months from the date on which it is given. Where any such estimate is not accepted within three calender months, LRL reserves the right to give a revised estimate, which shall be open for acceptance by The Client for a further period of three calender months. The Client agrees to pay LRL the cost of the work to be carried out, the cost of documentation and any additional costs, as specified in the RWO or UE in accordance with the payment terms below. LRL reserves the right to revise the estimated cost in accordance with any agreed changes to the specification. For upholstery work a deposit of 20% of labour costs is due on the day a work order is placed. This deposit is not refundable after 7 days. LRL reserves the right to require a deposit prior to the beginning of restoration work dependent on the scale of the work and anticipated associated costs. Fabric ordered through LRL must be paid for in full on the day of ordering. The fabric then belongs to the Client and the Client retains the right to take the fabric. However, there will be no refund of the fabric cost if a job is cancelled by the Client. Refund of the fabric cost will be made if a job is cancelled by LRL. Fabrics bought from our collection are guaranteed to be suitable for upholstery. There is no legal requirement for private customers to have fabric FR treated. But we are obliged to inform customers about the risks. Treatment for FR is £5.00/ meter and an additional 15% of fabric needs to be purchased to allow for shrinkage. Fabric supplied by a third party is the sole responsibility of the Client in terms of suitability. A handling charge of £5.00/meter will be charged for fabrics not purchased from LRL
7. Terms of payment.
Payment is due from the Client on the date of receipt of any invoice submitted by LRL. If any invoice is not paid within thirty days the invoice total shall bear interest at the rate of 8% above the base lending rate determined by the Bank of England in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debt Regulations 2002, such interest being payable from the invoice due date until the date of receipt of cleared funds by LRL LRL reserves the right to cease work on the item for which payment of any invoice remains outstanding for more than thirty days from the date of invoice. LRL reserves the right to retain full possession of an item until all invoices which relate to the item have been paid in full. Payment can be made free in cash, by cheque or by debit card. Credit cards will incur a 1.9% charge added to the total.
8. Collection and Storage.
The item shall be collected by the Client (or the Authorised Signatory) from LRL premises within two weeks of notification of completion. If not so collected, LRL shall be entitled to charge the storage charge of £4 per square foot per month, such storage charge being payable from two weeks following the date of notification of completion until the date of collection. If the item is not collected within six months of the date of notification of completion then title to the item shall pass to LRL who shall be entitled to sell the item and recover from the net proceeds of sale such sums as may be due to LRL under or in relation to this agreement.
Where the contract is cancelled prior to completion of the work specified in the contract, the Client shall be liable to pay LRL the cost of any documentation and work already carried out and any additional costs already incurred by LRL. LRL will not accept any liability for any damages, costs, claims and expenses which result from incomplete conservation treatment following cancellation or non payment of money due from The Client.
The Client remains responsible for the risk of damage to or loss of the item whilst in LRL's custody including but not limited to fire, theft and any other accident. The Client hereby agrees to take all necessary steps to insure the item whilst it is in the custody of LRL. LRL will have no responsibility to insure the item unless specifically requested to do so by The Client in writing at least 28 days prior to the item being delivered to LRL and specifically accepted on that basis in writing by LRL in which case The Client will be liable for the payment to LRL of all premiums necessary to effect such insurance on or prior to delivery. LRL may at any time refuse to accept the Clients instructions to insure the item in which case the responsibility to insure will revert to The Client. The Client is responsible for arranging transit of the item to and from LRL's premises unless otherwise agreed in writing. The Client is responsible for the insurance of the item whilst in transit.
LRL is excluded from all liability to The Client except for professional liability involving the wilful neglect or default of LRL, its servants or agents. LRL's liability shall not exceed the cost of the work as specified in the Contract. Under no circumstances shall LRL be liable for any loss of profit or any indirect or consequential loss or damage . This clause shall not exclude LRL's liability for any death or personal injury caused by LRL. The Client agrees and accepts that LRL is only prepared to undertake the agreed work on this basis and that such limitation of liability is fair and reasonable in all the circumstances.
12. Third Parties.
Where LRL recommends to The Client any work to be carried out whether such recommendation is made in a report or otherwise, LRL is excluded from all liability to The Client in relation to any such work being carried out if and insofar as The Client engages a person other than LRL to carry out the work.
No alteration or variation to these terms and condition or to the RWO/UE shall be binding unless such alteration or variation is in writing and signed by LRL and The Client (or Authorised Signatory).
Any dispute or difference arising out of or in connection with a RWO/UE shall be determined by the appointment of a single arbitrator to be agreed between the parties, or failing agreement within fourteen days, after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the President of the Chartered Institute of Arbitrators.
Work agreed can be cancelled within 7 days of signing a RWO/UE. Any deposits paid will be refunded unless fabric/trimmings have already been ordered. 7 days after placing a job order the deposit paid becomes non-refundable. If a work order is cancelled less than 4 weeks before the agreed slot LRL retain the right to charge the following costs: 4 weeks – the 20% deposit+ an additional 10% and fabric cost; 3 weeks: deposit + an additional 15% and fabric costs; 2 weeks: deposit + additional 20% of estimated costs and fabric costs; less than 1 week: deposit + another 30% (makes 50%) of estimated costs.
16. Governing Law.
This Contract shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English Courts.