SUPPLY OF GOODS AND SERVICES AGREEMENT
Please read all these terms and conditions (“Terms”).
1 APPLICATION
1.1 By ordering our Services, including any Goods, you accept that performance of the Services will be subject to these Terms which are also referred to in any Order Form that you will receive from us.
1.2 These Terms will apply to the purchase of the Goods and Services by you (the “Customer” or “you”). We are Blackberry Group Ltd, trading as Loft Box, a company registered in England and Wales with registration number 10740868 (“Loft Box” or “us” or “we”).
2 DEFINITIONS
Architectural Services means the design and architectural services provided by us to you where you have ordered the same via the Order Form;
Brief means the latest statement of requirements for the Services issued and approved by the Customer and included in the Order Form and any subsequent amendments to the specification of the Services agreed upon and memorialised in writing between the parties.
Business Day means a day other than a Saturday, Sunday, or public holiday in England when banks in London are open for business;
CDM Regulations means the Construction Design and Management Regulations 2015 and any subsequent revisions or amendments;
Confidential Information means all information relating to the Customer’s and Loft Box’s personal matters, business, and affairs, which has been totally or partially acquired from the other party or any representative of the other party either in writing or verbally;
Construction Services means the building services provided by us to you as set out in the Order Form;
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft, or profession;
Contract means the legally binding agreement between you and us for the supply of the Services, the provisions of which are contained in the Order Form and these Terms;
Customer Representative means the single point of contact nominated by the Customer to communicate with Us in regard to the performance of the Services and instructions thereof;
Property means your home or premises or other location where the Services are to be supplied, as set out in the Order Form;
Practical Completion means All work from the scope of work has been completed. Outstanding snagging does not form part of the practical completion unless it is critical and prevents residents from using the premises;
Deposit means the sum payable upon signature of the Order Form;
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Fees means the sums payable by you under the Contract for the Supply of Services;
Goods means any Goods that we procure and supply to you under the Services, including but not limited to bespoke fixtures and fittings, of the number and description as set out in the Order Form;
Order Form means the document of that name that details the exact Services you have requested, including any Goods you wish us to supply, including but not limited to: the Property details, your personal information and delivery dates which must be executed by you in order to form the Contract that will be subject to these Terms;
Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you in any manner;
Services means the services advertised on the Website, including the procurement and installation of any Goods, of the number and description set out in the Order Form;
Website means our website www.loftbox.co.uk on which the Services are advertised.
3 SERVICES
3.1 Our range of Services is detailed on the Order Form or may be described to you or demonstrated in brochures in person by one of our representatives. Any descriptions are for illustrative purposes only, and there may be discrepancies in the size and colour of any Goods supplied.
3.2 As specifications for Services include Goods, we provide to you and that are made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
3.3 We reserve the right to make changes to the methods of supplying the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
4 OUR RESPONSIBILITIES
4.1 We shall:
4.1.1 perform the Services carefully and competently;
4.1.2 use materials that are of satisfactory quality and suitable for their intended purpose. The materials will be new unless the customer agrees otherwise in writing.
4.1.3 attend the Property regularly to carry out the work during the agreed working hours;
4.1.4 be responsible for any damage we may cause to the Property and its contents or neighbouring properties;
4.1.5 leave the working areas in a clean and tidy condition; and
4.1.6 comply with all our legal duties and responsibilities;
4.1.7 use best endeavours to complete the Services in the duration stated in the Order Form;
Health and Safety
4.2 We will take all practical steps to:
4.2.1 prevent or minimise health and safety risks to you and other people visiting the premises;
4.2.2 minimise environmental disturbance, nuisance, or pollution from the work; and
4.2.3 make sure that any temporary protection for the work is safe.
Reperformance
4.3 If you assert that the Services have not been performed in accordance with the Order Form or other specification agreed between us in writing, provided that we agree, we shall be entitled to reperform the part of the Services within a reasonable time without further liability to you.
4.4 For the avoidance of doubt, you shall not be permitted in any circumstances to reassign any part of the Services to a third party contractor without our prior written consent.
Customer Responsibilities
4.5 You must co-operate with us in all matters relating to the supply of the Services, provide us and our authorised personnel and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents. In particular you must ensure that:
4.5.1 access to the relevant parts of the Property is provided to allow us to provide the Services;
4.5.2 provide access to electricity, water, and sanitation facilities at the Property for use by our personnel, PROVIDED THAT in the case of sanitation, bathroom facilities are maintained in good condition throughout;
4.5.3 free parking or residents’ parking vouchers are provided where necessary;
4.5.4 where applicable you consult the owner of the Property in regard to the Services and gain consent before ordering the Services. This includes sharing details of the proposed Goods to be used;
4.5.5 where requested by Loft Box, appoint a Customer Representative as soon as reasonably practicable and notify Loft Box in writing of such appointment (Customer Representatives shall not have authority to vary the terms of the Contract);
4.5.6 the installation site is clear of ALL items and ANY debris and is fully accessible;
4.5.7 no works or modifications to the area where the Services are to be carried or Goods are to be installed after we have taken the technical measurements;
4.5.8 we are allowed to perform the Services uninterrupted SAVE FOR instances where you need to make us aware of anything that could materially affect performance;
4.5.9 we will take appropriate measures to secure the Property whilst the Services are being carried out by taking practical precautions to deter intruders from entering;
4.5.10 any legal obligations or permission that may be relevant to carrying out the Services, including but not limited to, compliance with the CDM Regulations, bylaws and planning permission if required, are sought and approved; and
4.5.11 it is the Client’s responsibility to secure all required planning permissions and regulatory approvals before work begins. Loft Box will not be held liable for delays, cancellations, or legal actions arising from non-compliance. If the project is halted due to missing approvals, cancellation fees will apply.
4.5.12 any health and safety hazard or concern which we might come across whilst performing the Services are adequately secured prior to the scheduled performance.
4.5.13 Loft Box shall not be liable for any legal, planning, or regulatory non-compliance arising from incorrect information provided by the Client or the Client’s failure to obtain the necessary permissions before work commences. Any required modifications to rectify compliance issues shall be chargeable as additional work.
4.5.14 If any unforeseen structural defects, hazardous materials (e.g., asbestos), or regulatory issues arise after work begins, additional costs may be incurred to address them. Loft Box reserves the right to pause work until a revised scope and cost agreement is signed.
4.6 Failure to comply with Clause 4.5 is a Customer default, which entitles us to suspend performance of the Services until you remedy it, or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
4.7 If you have not informed us of any of the considerations mentioned in Clause 4.5.10 above prior to commencement of delivery of the Services, we accept no responsibility for any issues that may arise due to either contraventions of planning or other legal obligations.
4.8 You further agree to:
4.8.1. consent to allow us to advertise on site during the performance of the Services and take pictures and videos of works and use them for advertisement and case studies;
4.8.2. carry out any noisy works between 8:00 am and 6:00 pm from Monday to Friday and 8:00 am to 1:00 pm on Saturday unless otherwise agreed between us;
4.8.3. take notice of all warnings we give you about any health and safety or environmental risks which we are taking measures to prevent or minimise; and
4.8.4. not knowingly allow people living in or visiting the Property, particularly children, to be exposed to any dangers from the work.
5 PERSONAL INFORMATION
5.1 We retain and use all information strictly under the Privacy Policy.
5.2 If we to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in the Order Form or other medium.
5.3 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
6. BASIS OF CONTRACT
6.1 Once you contact us for a Quote via phone, email, or our website, we will endeavour to respond within 2 Business Days and provide a fixed-price Quote within 5 Business Days, where possible, provided that your Property falls within our standard specification.
6.2 Our standard specification applies to loft conversions where:
6.2.1 The existing ridge height is between 2.25m and 2.75m.
6.2.2 The house is up to 6m wide and 7.5m deep.
6.2.3 The roof type must be a pitched roof.
6.2.4 The Property is suitable for conversion under permitted development rights or approved planning permissions.
6.3 All Quotes are valid for 7 days from the date of issue unless expressly withdrawn earlier.
6.4 To proceed, you will be required to sign the Order Form and pay £500, including VAT, before the site survey.
6.5 Following receipt of the signed Order Form and Deposit, a survey will be conducted to confirm that your Property meets our standard specifications.
6.6 If the survey confirms suitability, the project will proceed as per the terms outlined in the Order Form and Quote.
6.7 If the survey determines that your Property does not meet our standard specifications, including if:
6.7.1 The ridge height is lower than 2.25m or exceeds 2.75m.
6.7.2 The roof type is not a pitched roof.
6.7.3 The property dimensions exceed our standard limitations.
6.7.4 The contract will be cancelled, and the £500 Deposit will be fully refunded. No further obligation will exist between the parties.
6.7.5 If the contract is cancelled after the site survey for reasons other than non-suitability of the property (as per Clause 6.7.1 – 6.7.3), the £500 deposit shall be non-refundable to cover administrative and operational costs incurred by Loft Box.
6.8 You must ensure that the Order Form is complete and accurate before signing. If any errors are identified, they must be corrected prior to acceptance. No variations to the Contract, including changes to the scope of works or Fees, will be made unless agreed in writing by both parties. Any such variations may incur additional charges.
7 PAYMENT SCHEDULE & STAGES OF SERVICES
7.1 The Client agrees to make payments in accordance with the following staged payment schedule, which ensures the smooth progression of works and covers the agreed contract value, including any additional works.
Payment 1 – On the day of signing the Order Form – a payment of £500 (including VAT) is required to secure the Contract and initiate project scheduling.
Payment 2 – 10 Business Days before the agreed Start Date – a payment of 20% of the total contract value, minus the £500 already paid, is due. This payment is required to secure materials, schedule the workforce, and finalise preparations for commencement.
Payment 3 – On the 10th Day of site work – a further 40% of the total contract value is due. This reflects the significant progress made on-site and ensures the continued execution of the works.
Payment 4 – On Practical Completion (typically 20 Business Days from the Start Date). The final payment of 40% of the total contract value is due. This amount must be no less than the remaining balance to ensure that 100% of the contract value and any additional agreed works are fully settled.
7.2 Additional Terms
7.2.1 Payments must be made by the due dates to avoid delays in the project schedule.
7.2.2 Any additional works requested by the Client that fall outside the original scope of the Contract will be invoiced separately and must be settled in full before final completion.
7.2.3 Late payments may result in work suspension and could be subject to additional charges in accordance with statutory rights and contractual terms.
7.2.4 By proceeding with the Contract, the Client agrees to the above payment schedule and terms.
7.3 The Fees may increase due to factors outside of Loft Box’s control, including in the event that the end supplier of any Goods increases the price or if Services are disrupted due to exogenous causes. If this occurs you may either:
7.3.1 accept the increase;
7.3.2 refuse the increase and in the case of Goods allow us to source replacement Goods or other materials or in the case of Services we shall be permitted to reduce the scope of Services offered in order to account for any losses; or
7.3.3 refuse the increase and cancel the Contract. In such an instance, you will not receive a refund for any Fees already paid to us.
7.4 If you wish to add to the Services as outlined in the Order Form, then this will be chargeable and will be subject to a new contract for the Supply of Goods and Services.
7.5 Loft Box provides a standard design proposal for all loft conversions based on our fixed specifications. The Client acknowledges that no bespoke design alterations will be made.
7.6 The Client must confirm acceptance of the standard design proposal within 7 calendar days of receiving it. If no response is received within this timeframe, Loft Box will proceed with the project as confirmed.
7.7 If a bespoke design is required, the Client must inform Loft Box before signing the Order Form. Loft Box may not be able to accommodate bespoke requests, and if the design falls outside our standard specification, we reserve the right to decline the project.
7.8 If any information provided by you prior to the issuance of the Order Form is incorrect, leading to an increased cost for us in supplying the Services you require, then an extra charge will be applicable. We will notify you of the extra cost prior to undertaking any additional work in writing.
7.8.1 Any requested modification to the agreed Services after the Order Form is signed shall be subject to a minimum administrative fee of £250, in addition to any increased material or labour costs. Loft Box shall provide a revised quote for approval before proceeding with the requested changes.
7.9 All Fees and charges are subject to VAT at the rate applicable at the time of the Order.
7.10 Congestion charges, parking charges, tolls and public transport will be charged as used and receipts retained for Loft Box records. Plotting, printing, and copying charges are available upon request.
7.11 Arranging client meetings outside of working hours is subject to availability, and a charge of £100 per team member will be due for attendance per meeting.
7.12 Non-emergency communication requests outside working hours are subject to additional charges.
7.13 Payment for the Services plus any associated expenses or disbursements must be made in full within 5 Business Days of completion of each stage of the Services as specified on the Order Form or on the due date specified on the invoice whichever is the earlier unless the performance of the Services is subject to a legitimate dispute. Snagging shall not be grounds for delayed payments. Failure to make payment in accordance with this clause may result in the Services being suspended.
7.14 In the event of late payment, Loft Box shall be permitted to charge you interest at a rate of 8% per annum above the base rate of the Bank of England, accruing daily until the payment is made in full.
7.15 Loft Box shall also charge a late payment penalty fee in respect of each overdue payment as follows at £150 per invoice.
7.16 If any payment remains outstanding for more than 14 days, Loft Box shall have the right to suspend work without liability and charge a £250 remobilisation fee to restart the project. The Client shall also be liable for any additional costs incurred due to delays, including rescheduling fees for subcontractors.
7.17 If payment remains outstanding for more than 30 days, Loft Box may terminate the contract entirely and seek legal recovery of unpaid amounts, including accrued interest, legal fees, and compensation for administrative costs.
7.18 All payments must be made via debit or credit card or BACS transfer to our bank account as notified to you in writing. If the payment is made via a debit or credit card, a 3% transaction fee will apply.
7.19 All Invoice queries must be raised within two working days.
7.20 We may ask for proof of funds prior to signing the order to ensure the commitment is affordable.
8 PERFORMANCE OF THE SERVICES
8.1 You expressly agree and acknowledge that “time is not of the essence” in the performance of the Services. Nonetheless, we will start Services at the Property on the Start Date or within the agreed period or, failing any agreement, within a reasonable time.
8.2 The Order Form will specify the Start Date and Estimated Duration of the Services.
8.3 The Estimated Duration will be extended by a fair and reasonable amount where delays are caused by changes to the Goods or Services requested by you, if you delay performance of the Services in any other way or in accordance with Clause 15. In such cases, we will be entitled to claim any reasonable costs arising from such extension.
8.4 In any case, regardless of events beyond our control, if we do not perform the Services on time in accordance with the Strat Date or Estimated Duration, you can (in addition to any other remedies) treat the Contract at an end if:
8.4.1 we have refused to perform the Services; or
8.4.2 we are not performing the Services in accordance with our health and safety obligations;
8.4.3 after we have failed to perform the Services on time, you have specified a later period which is appropriate to the circumstances, and we have not performed the Services within that period; or
8.4.4 given reasonable opportunity, we have failed to perform the Services within 90 days of the Start date or Estimated Duration.
8.5 Please note that if you wish to change the Start Date, we may charge a change fee at our discretion, and we cannot guarantee any particular slot that you select.
8.6 All our projects are priced for one continuous project duration. If in the instance that the project needs to be paused on the client’s behalf, Loft Box will be entitled to charge a fee to the client for any works scheduled that will cause a financial loss to Loft Box. The client will be advised of the monetary fee prior to them providing confirmation for works to be put on hold. If the project needs to be paused for longer than 14 days, again for reasons that the client is responsible for, Loft Box will be entitled to reprice elements of the project, ensuring transparency and fairness in our business dealings.
8.6.1 If the project is delayed for more than 14 calendar days due to reasons attributable to the Client, Loft Box reserves the right to reprice the contract to reflect increased material and labour costs. Additionally, if materials have been procured and stored on behalf of the Client, a storage fee of £50 per week will apply until work resumes.
8.7 If any part of the contract work is removed, administration charges equal to 30% of the removed work value will be applied. Alternatively, a maximum 70% refund can be applied to the value of the removed work.
9 RISK AND TITLE
9.1 Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
9.2 You will not own the Goods until we have received payment for the Services in full. If full payment is overdue, we can choose, by notice to cancel the performance of the Services and end any right to use any Goods.
10 DRAWINGS & DOCUMENTS
10.1 Loft Box shall own the copyright in the drawings and documents produced in performing the Services and generally asserts Loft Box’s moral rights to be identified as the author of such work under the Copyright, Design and Patents Act 1988.
10.2 Subject to payment of Fees in respect of the Services and any other amounts properly due, the Client shall have a license to copy and use and allow others providing analogous services to the Services to copy and use, the drawings and documents only for purposes related to the Services but may not be used for reproduction of the design for any other purpose.
10.3 Loft Box shall not under any circumstances be liable for any use of the drawings and documents other than for the purpose for which they were prepared.
10.4 Loft Box shall issue drawings to the Customer in PDF file format and/or hard copies only. Hard copy quantities will be limited to the numbers expressed in the Order Form. Additional copies can be provided at extra cost, prices are available upon request.
10.5 Loft Box reserves the right to photograph the progression of the Services during construction and for a period of up to two years after completion. Where Loft Box deems it necessary, We also reserves the right to share these images with third party specialists or other professionals.
11 WITHDRAWAL AND CANCELLATION
11.1 If you are purchasing Services as a Consumer, you have the right to cancel this Contract within 14 days of signature of the Order Form without giving any reason.
11.2 The cancellation period will expire after 14 days from the day you sign the Order Form.
11.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement sent to us by email before expiry of the cancellation period. If you cancel this contract, we will reimburse to you all payments received from you including the Deposit.
11.4 To the extent that any Services have already been performed during the cancellation period, you will not be refunded for those Services, and you will receive a pro rata refund which will be deducted from the Deposit. No bespoke Services that have been carried out can be cancelled under this Clause 11.
11.5 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
11.6 We may end the Contract at any time by writing to you if you commit a breach of these Terms as follows:
11.6.1 you do not make any payment of Fees to us when it is due, and you still do not make payment within 5 Business Days of us reminding you that payment is due; and/or
11.6.2 you do not, within a reasonable time, allow us to perform the Services at your Property.
12 INSURANCE
12.1 Prior to the commencement of the Services, you must inform your household insurers, if any, that you are about to have work done at the Property.
12.2 We have and will maintain during the Contract, current public liability insurance coverage for death or injury to people and damage to property for any one claim arising from one event up to £5,000,000.
13 OPTIONAL STRUCTURAL WARRANTY PROVIDED BY THIRD PARTY
13.1 Structural Warranty Availability
13.1.1 Loft Box offers an optional structural warranty for the loft conversion, which is provided by an independent third-party warranty provider, Build Warranty. This warranty is available for either six (6) years or ten (10) years, subject to an additional cost, which will be specified in the Order Form if selected by the Client.
13.2 The structural warranty, where purchased, only covers:
13.2.1 Structural integrity of the loft conversion, including framework, joists, and load-bearing elements.
13.2.2 Major structural defects caused by faulty materials or workmanship are covered under the terms set by the Build Warranty.
13.2.3 Compliance with building regulations at the time of completion, as assessed by the warranty provider.
13.3 The structural warranty, where purchased, does NOT cover:
13.3.1 Any cosmetic or decorative finishes (e.g., plaster, paint, flooring, fixtures, fittings).
13.3.2 Any pre-existing defects, damp, subsidence, or latent issues in the original property.
13.3.3 Any damage caused by weather, natural disasters, flooding, fire, vandalism, or third-party interference.
13.3.4 Any modifications, repairs, or additional work after Practical Completion by anyone other than an approved contractor under the Build Warranty policy.
13.4 If the Client chooses to purchase the warranty, it is subject to the following conditions:
13.4.1 The warranty terms and coverage are set and enforced by Build Warranty, not Loft Box.
13.4.2 The Client must register the warranty directly with Build Warranty and comply with their requirements for coverage.
13.4.3 Any claims, disputes, or coverage limitations are subject to Build Warranty’s policy terms, which will be provided upon purchase.
13.4.4 The Client must disclose any pre-existing defects, previous structural claims, or past remediation works before signing the Order Form, as failure to do so may affect the validity of the warranty.
13.4.5 If any pre-existing defects, damp, subsidence, or structural issues are discovered during or after construction, Loft Box shall not be liable, and any required remedial works will be at the Client’s sole expense.
13.5 Where the Client has purchased the optional structural warranty, Loft Box shall have no liability for any defects, damage, or structural issues arising after Practical Completion. All claims must be directed to Build Warranty, and Loft Box shall bear no liability for their decision, claim process, or policy limitations.
13.6 The Client must directly contact Build Warranty for any structural defect claims. Any unapproved third-party repairs will void the warranty in full.
13.7 Liability Cap: Loft Box bears no liability for warranty claims, and the Client acknowledges that all coverage, disputes, and claim resolutions fall under Build Warranty’s policies and decisions. Loft Box is not responsible for processing, administering, or handling any claims under the structural warranty. All claims must be directed to Build Warranty, and Loft Box shall bear no liability for their decision or process.
13.8 If the Client does not purchase the optional structural warranty from Build Warranty, Loft Box shall provide a limited defect liability period of 14 calendar days from Practical Completion (“Defects Period”). This covers workmanship defects only. After the 14-day Defects Period, Loft Box shall bear no liability for any defects, damages, or remedial works required at the Property. The Client accepts full responsibility for all ongoing maintenance, repairs, and structural integrity of the loft conversion.
14 DURATION, TERMINATION AND SUSPENSION
14.1 The Contract shall commence once you sign the Order Form and shall continue for as long as it takes us to perform the Services.
14.2 Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
14.2.1 commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
14.2.2 is subject to any step towards its bankruptcy or liquidation.
14.3 On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected, and all outstanding Fees for Services completed will become due, together with reimbursement of any loss and/or expense properly and necessarily incurred by reason of the termination, except where Loft Box is in material or persistent breach of its material obligations under this Contract.
14.3.1 If the Contract is terminated for reasons attributable to the Client (including but not limited to non-payment or failure to provide access), the Client shall be liable for all work completed up to the termination date, including any non-cancellable material orders. Any deposit paid shall be retained by Loft Box as partial compensation for administrative and scheduling costs
14.4 Termination of this Contract, however it should arise, shall not affect the rights and remedies of either party in relation to any default of the other prior to such termination.
14.5 If circumstances arise for which Loft Box is not responsible and which we consider would make it irresponsible for us to perform all or any part of the Services, Loft Box reserves the right to determine the relevant part of the Services on seven (7) days notice in respect of all or such part of the Services.
15 CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY
15.1 In the event of any failure by us to complete the Services due to something beyond our reasonable control:
15.1.1 we will advise you as soon as reasonably practicable; and
15.1.2 our obligations will be suspended so far as is reasonable, PROVIDED THAT we will act reasonably and that we will not be liable for any failure which we could not reasonably avoid.
15.1.3 Loft Box shall not be liable for project delays due to supply chain disruptions, material shortages, or changes in UK building regulations that impact project timelines or costs. If such delays occur, a revised completion date will be agreed upon.
16 PRIVACY
16.1 Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
16.2 These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy.
16.3 For the purposes of these Terms and Conditions:
‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
16.4 We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
16.5 Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
16.5.1 before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
16.5.2 we will only Process Personal Data for the purposes identified;
16.5.3 we will respect your rights in relation to your Personal Data; and
16.5.4 we will implement technical and organisational measures to ensure your Personal Data is secure.
16.6 For any enquiries or complaints regarding data privacy, please contact us without delay.
17 CONFIDENTIALITY
17.1 Neither party shall disclose the Confidential Information pertaining to the Services without first seeking authorisation from the disclosing party, unless:
17.1.1 such disclosure is necessary for the proper performance of the Services, or in order to take professional advice in relation to this Contract or the Services, or in order to obtain or maintain insurance cover as required by this Contract;
17.1.2 it is in the public domain other than because of wrongful use or disclosure; or
17.1.3 disclosure is required by law because of disputes arising out of or in connection with this Contract.
18 LIMITATION OF LIABILITY
18.1 Where we are providing the Services in the Property, we will make good any damage to the Property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or for weaknesses or any endemic conditions of the Property (whether known or unknown) which may influence our performance of the Services or cause damage to the Property that we discover while providing the Services.
18.2 Subject to Paragraph 18.3 below, we shall only be liable for rectification or a refund for the Services carried out and our liability shall be capped at the total amount paid by you under the Contract or the maximum coverage of our insurance as stipulated in Paragraph 12.2 above.
18.3 We do not seek to exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of our other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) consequential loss (for example loss of profit) to your business, trade, craft or profession which would not be suffered by a consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
18.4 Loft Box shall not be liable for any defects, damages, or losses occurring after: (i) the 14-day Defects Period if no structural warranty is purchased; or (ii) the handover of the structural warranty to Build Warranty where purchased. The Client acknowledges and agrees that Loft Box has no ongoing responsibility for the condition, stability, or durability of the loft conversion after the expiry of the relevant liability period.
18.5 No director, officer, employee, or agent of Loft Box shall be personally liable to the Customer for any negligence, default or any other liability whatsoever arising from performance of the Services.
19 NET CONTRIBUTION
Notwithstanding anything to the contrary in this Contract, and without prejudice to any provision limiting Loft Box’s liability to a lesser amount, Loft Box’s liability, if any, for any loss or damage shall be limited to what is fair and reasonable, considering Loft Box’s specific responsibility for the loss or damage, based on the following assumptions:
19.1 All other consultants, advisers, contractors, and sub-contractors involved in the project have provided contractual undertakings to the Client on terms no less stringent than those in this Contract regarding their obligations in relation to the project.
19.2 There are no exclusions or limitations of liability, nor joint insurance or co-insurance agreements between the Client and any other party, and any other party responsible for the loss or damage remains contractually liable for their portion of the responsibility.
19.3 All relevant parties have contributed to any compensation in proportion to their responsibility, ensuring that Loft Box is only held liable for the portion of loss or damage directly attributed to its work and obligations under this Contract.
20 DISPUTE RESOLUTION
20.1 The Contract (including any non-contractual matters) is governed by the law of England and Wales.
20.2 Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
20.3 If the Invoices are not paid within the agreed time frame, the matter could be passed to the debt collection agency, and the client will be responsible for additional fees incurred.
20.4 We try to avoid any disputes, so we deal with complaints as follows: If a dispute occurs, customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 Business Days.
20.5 In the event of a dispute, the parties may also, without prejudice to their rights to go straight to court proceedings, within 21 days, request a decision from an adjudicator appointed under an adjudication scheme for this Contract. The adjudication schemes are run by The Royal Institution of Chartered Surveyors (RICS), the Royal Institute of British Architects (RIBA) and the National Specialist Contractors Council (NSCC) respectively.
20.6 If the parties choose adjudication to decide a dispute, they both accept that the cost, rules and procedures involved will become part of this Contract, free details of the cost, rules and procedures for adjudication are available from the links above.
20.7 Before initiating adjudication, both parties agree to attempt mediation through a mutually agreed independent mediator. Mediation shall take place within 21 days of a dispute being raised, and both parties shall bear their own costs.
21 MISCELLANEOUS
21.1 CDM Regulations: The parties shall comply with their respective obligations under the CDM Regulations. The Customer acknowledges that where Loft Box has not been previously appointed and has inherited the project from a third party, additional fees will be payable by the Customer to Loft Box for auditing and, if necessary, revising the inherited scheme and Health and Safety information to comply with the duties imposed by the CDM Regulations.
21.2 Rights of third parties: Nothing in this Contract confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it, other than lawful assignees.
22 ADVERTISING, FINANCE REPRESENTATION & DISCLAIMERS
22.1 From time to time, Loft Box may advertise promotional examples for marketing purposes, including but not limited to phrases such as “Loft Conversion £333/month” to illustrate the affordability of a typical project using finance.
22.2 The example figure of £333/month is based on a representative finance scenario using a third-party personal loan calculator, assuming:
• A loan amount of £30,000
• A term of 10 years (120 months)
• An excellent credit score
• An interest rate of 6% APR
22.3 This results in estimated repayments of approximately £330.67/month, which has been rounded to £333/month for marketing clarity and brand alignment.
22.4 This is a representative example only. All finance is subject to status and affordability checks by a third-party finance provider. Actual repayment terms, interest rates, and approval decisions may vary depending on the customer’s individual credit profile.
22.5 Loft Box does not directly provide finance. Finance is arranged through a regulated third-party provider. Customers are encouraged to review the full finance terms and conditions directly with the provider before proceeding.
22.6 All advertisements referring to monthly pricing include a “T&Cs apply” disclaimer, which refers to this clause and any finance-related conditions.
23 UPDATES TO TERMS AND CONDITIONS
23.1 Loft Box reserves the right to review and update these Terms and Conditions periodically, approximately every six (6) months, or sooner if required by changes in regulations, business practices, or operational needs.
23.2 Any updated Terms will be published on our website at www.loftbox.co.uk and will apply to all new contracts signed after the date of publication.
23.3 It is the Customer’s responsibility to review the latest Terms prior to signing the Order Form. Loft Box will make reasonable efforts to notify existing customers of any material changes where applicable.
