BACKGROUND

These Terms and Conditions govern the supply of services by Victorian Insulation Ltd (“the Company”) to the Customer.

By accepting the Company’s quotation, placing an order or permitting the Company to commence work, the Customer agrees to be bound by these Terms and Conditions.

These Terms should be read together with the Company’s quotation, specification, Privacy Policy and any additional documents provided to the Customer.

DEFINITIONS

Company – Victorian Insulation Ltd is incorporated and registered in England and Wales with company number company number 11170863. Whose registered office is at Unit – S301Z, 90 Sanvey Gate, Leicester,
LE1 4BQ. Victorian Insulation Bedfordshire and Buckinghamshire, whose registered office is Unit S301Z, 90 Sanvey Gate, Leicester, LE1 4BQ. Correspondence for this trading division – Linford Wood, Milton Keynes, MK14 6LY. Telephone: 0800 054 8355. Email: sales@victorianinsulation.co.uk.

Customer – The person, company or organisation purchasing goods and/or services from the Company.

Contract – The agreement between the Company and the Customer, comprising the accepted quotation, these Terms and Conditions and any documents referred to within them.

Quotation – The written quotation issued by the Company for the proposed works.

Services – Loft boarding, loft insulation, loft ladders, loft hatches, loft lighting, loft storage solutions and any other services agreed between the Company and the Customer.

Materials – Any goods, products or materials supplied or installed by the Company as part of the Services.

Property – The premises at which the Services are to be carried out.

Working Day – Monday to Friday, excluding public holidays in England and Wales.

Writing – Includes letters and emails unless otherwise stated.

QUOTATION

a) All quotations issued by the Company are valid for 21 calendar days from the date of issue unless otherwise stated in writing. A quotation does not constitute a legally binding offer and is subject to the Company’s acceptance of the order.

b) Quotations are based on the information available at the time of the survey. If additional work is found to be necessary due to hidden defects, structural issues, restricted access, customer-requested changes or other unforeseen circumstances, the Company will discuss the additional work with the Customer before proceeding. Any additional costs must be agreed by both parties before the work is carried out.

c) Acceptance of the Company’s quotation by the Customer constitutes an offer to purchase the goods and/or services described within the quotation. A Contract is formed only when the Company confirms acceptance of the order.

d) Unless otherwise agreed in writing, any deposit specified within the quotation shall be payable upon acceptance of the quotation in order to secure an installation date.

e) Quotations include only the work specifically described within the quotation. Unless expressly stated, quotations do not include decorating, plastering, electrical alterations, lifting or re-laying carpets or floor coverings, scaffolding, structural repairs, making good beyond the immediate installation area, or any other work not specifically included.

f) Where scaffolding, specialist access equipment, additional labour or unforeseen materials are required, these shall be charged separately unless specifically included within the quotation.

g) If the Company is unable to accept an order, the Customer will be informed as soon as reasonably practicable. Reasons may include, but are not limited to:

Materials being unavailable.
The Property being unsuitable for the proposed installation.
Health and safety concerns.
The Company’s installation capacity being exceeded.
Circumstances beyond the Company’s reasonable control.

If an order is not accepted, any deposit already paid will be refunded in full unless materials have been specially ordered at the Customer’s request.

THE SERVICES

a) The Company shall provide the Services with reasonable care and skill and in accordance with the accepted quotation, specification and any agreed variations.

b) The Company will use reasonable endeavours to carry out the Services on the agreed installation date. However, all installation dates are estimates only and are subject to weather conditions, material availability, access to the Property and other circumstances beyond the Company’s reasonable control.

c) If the Company is unable to attend on the agreed installation date, it will contact the Customer as soon as reasonably practicable to arrange an alternative mutually convenient date.

d) The Company reserves the right to make reasonable changes to the Services where necessary to comply with current legislation, health and safety requirements, manufacturer recommendations or where such changes do not materially affect the overall quality or functionality of the installation.

e) The Company shall not be liable for any defects, failures or damage arising from pre-existing structural defects, electrical faults, plumbing defects, roof leaks, damp, condensation, inadequate ventilation, pest infestations or any other existing defects within the Property that are unrelated to the Services provided.

f) Where making good is required following installation, it will be completed to a reasonable standard using suitable materials. Due to differences in existing finishes, decoration, paint colours, wallpaper, plaster texture and ageing of materials, an exact cosmetic match cannot be guaranteed.

g) Any technical guidance or recommendations provided by the Company before, during or after the installation are given in good faith based on the information available at the time. The Customer remains responsible for obtaining independent professional advice where required.

SCOPE OF SERVICES

a) The Company shall provide only those goods and services specified within the accepted quotation or subsequently agreed in writing between the Company and the Customer.

b) Any additional work requested by the Customer that is not included within the original quotation shall be treated as a variation and may be subject to an additional charge. The Company will provide details of any additional costs before carrying out such work.

c) The Company reserves the right to refuse to carry out any work where it believes that doing so would be unsafe, unlawful or likely to cause damage to the Property or any person.

d) The Customer acknowledges that the Company’s recommendations are based on the visible condition of the Property at the time of the survey. Hidden defects or conditions that become apparent during installation may require the scope of works to be amended.

e) The Company shall not be responsible for works carried out by third parties before, during or after the Company’s installation unless expressly agreed in writing.

f) Any variations to the agreed scope of works must be confirmed and accepted by both the Company and the Customer before the additional work is undertaken.

PRICE AND PAYMENT

a) The Contract Price shall be the amount stated in the accepted quotation, together with any additional work agreed in writing between the Company and the Customer.

b) All prices are quoted in Pounds Sterling (£). Where VAT is applicable, it will be charged at the prevailing rate in accordance with UK legislation and clearly shown on the quotation or invoice.

c) Payment shall be made in accordance with the payment schedule stated in the accepted quotation or any agreed finance arrangement.

d) Unless otherwise agreed in writing, any deposit is payable upon acceptance of the quotation to secure the installation date.

e) The remaining balance shall become due immediately upon practical completion of the Services unless an alternative payment arrangement has been agreed in writing.

f) The Customer shall not withhold payment except where permitted by law or where both parties have agreed otherwise in writing. If the Customer is genuinely dissatisfied with a specific part of the completed work, they may withhold up to 10% of the Contract Price relating to the disputed work until the matter has been investigated and, where appropriate, rectified. The remaining undisputed balance shall remain payable in accordance with these Terms and Conditions.

g) The Company reserves the right to suspend or postpone the Services if payments due under the Contract are not made in accordance with the agreed payment terms.

h) Ownership of all goods, materials and products supplied by the Company shall remain the property of Victorian Insulation Ltd until full payment has been received.

i) Any refunds due to the Customer will be processed within a reasonable period after both parties have agreed the amount payable.

COMPANY’S INTELLECTUAL PROPERTY

a) All intellectual property rights, including but not limited to quotations, specifications, drawings, designs, photographs, installation methods, calculations, documents, marketing materials, website content, logos and other materials produced by or on behalf of the Company shall remain the exclusive property of Victorian Insulation Ltd unless otherwise agreed in writing.

b) The Customer shall not copy, reproduce, distribute, publish, modify or permit any third party to use any of the Company’s intellectual property without the Company’s prior written consent.

c) Any ideas, drawings, installation methods, systems or technical information supplied by the Company remain confidential and shall not be copied or used for commercial purposes without the Company’s prior written permission.

d) Nothing contained within the Contract transfers ownership of the Company’s intellectual property to the Customer.

e) The Company reserves all intellectual property rights relating to its products, installation methods, documentation and business materials.

THE COMPANY’S OBLIGATIONS

a) The Company shall carry out the Services with reasonable care and skill and in accordance with the accepted quotation, specification and all applicable legal and safety requirements.

b) The Company shall use reasonable endeavours to complete the Services on the agreed installation date. Where delays occur due to circumstances beyond the Company’s reasonable control, the Customer will be informed as soon as reasonably practicable and an alternative installation date will be arranged where possible.

c) The Company reserves the right to make reasonable changes to the Services where necessary to comply with current legislation, health and safety requirements, manufacturer recommendations, or where such changes do not materially affect the quality or functionality of the installation.

d) The Company shall maintain appropriate Public Liability Insurance whilst carrying out the Services.

e) The Company shall process the Customer’s personal information in accordance with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 and the Company’s Privacy Policy.

f) The Company shall take reasonable steps to protect the security and confidentiality of the Customer’s personal information and will only use it for purposes connected with providing the agreed Services, complying with legal obligations and administering the Contract.

THE CUSTOMER’S OBLIGATIONS

a) The Customer shall ensure that the details contained within the accepted quotation and any accompanying specification are complete and accurate.

b) The Customer shall ensure that a responsible adult (18 years or over) is present when the installation team arrives and upon completion of the Services.

c) The Customer shall cooperate with the Company in all matters relating to the Services and provide any information reasonably required to enable the Company to carry out the work.

d) The Customer shall provide safe, clear and unobstructed access to all areas where the Services are to be carried out, including access to the loft and surrounding working areas.

e) Unless otherwise agreed in writing, the Customer shall remove or adequately protect valuable, fragile or delicate items and clear the loft area before the installation date.

f) The Customer shall obtain and maintain all necessary permissions, approvals and consents required before the Services commence.

g) Any damage, defect or complaint relating to the Services should be reported to the Company in writing as soon as reasonably practicable and, where possible, within 7 working days of completion.

h) The Customer shall not interfere with, alter or remove any materials or installations supplied by the Company in a manner that may affect their performance or invalidate any applicable warranty.

i) The Customer shall be responsible for the ongoing maintenance of the Property, including maintaining adequate roof ventilation, repairing roof leaks, clearing gutters and carrying out normal building maintenance to help protect the installed products.

j) Where post-installation inspections or warranty inspections are reasonably required, the Customer shall provide reasonable access to the Property by prior arrangement.

k) The Customer shall ensure that all outstanding payments are made in accordance with the agreed payment terms.

GUARANTEE

a) Victorian Insulation Ltd guarantees that all installation work will be carried out with reasonable care and skill by suitably trained installers.

b) Where stated in the accepted quotation, the Company’s raised loft boarding support system is covered by a Lifetime Guarantee against manufacturing defects in the support system components, subject to the manufacturer’s warranty terms and the conditions set out below.

c) The Lifetime Guarantee applies only to manufacturing defects in the raised loft boarding support system components. Where a genuine manufacturing defect is confirmed, the Company will repair or replace the defective support system component free of charge.

d) The Lifetime Guarantee does not cover:

Loft boards.
Loft insulation.
Loft ladders.
Loft hatches.
Loft lighting.
Shelving, storage accessories or any other products supplied by the Company.
Cosmetic damage or normal wear and tear.
Damage caused by misuse, neglect, abuse or overloading.
Damage resulting from water ingress, roof leaks, condensation, damp, flooding or inadequate ventilation.
Structural movement, settlement or defects within the Property.
Alterations, repairs or modifications carried out by anyone other than Victorian Insulation Ltd.
Failure to maintain the Property in a reasonable condition.

e) All other products supplied by the Company are covered by the relevant manufacturer’s warranty where applicable. Details of these warranties are available upon request.

f) Any warranty claim must be reported to the Company as soon as reasonably practicable after the defect becomes apparent. The Company reserves the right to inspect the installation before accepting any warranty claim.

g) Where a valid warranty claim is accepted, the Company’s liability shall be limited to the repair or replacement of the defective support system component only. The Company shall not be liable for any indirect or consequential loss arising from the defect.

h) This Lifetime Guarantee applies only to the original installation address and does not affect the Customer’s statutory rights under applicable consumer protection legislation.

CONFIDENTIALITY

a) Both the Company and the Customer agree to keep confidential any non-public information obtained during the course of the Contract, except where disclosure is required by law or is necessary for the proper performance of the Services.

b) Neither party shall disclose confidential or commercially sensitive information relating to the other party without prior written consent, except to professional advisers, insurers, legal representatives or where required by law.

c) The Company may retain customer records where required for legal, accounting, warranty, insurance or regulatory purposes and shall process such information in accordance with its Privacy Policy and applicable UK data protection legislation.

d) This clause shall survive completion or termination of the Contract.

LIMITATION OF LIABILITY

a) Nothing in these Terms and Conditions shall exclude or limit the Company’s liability for:

Death or personal injury caused by its negligence.
Fraud or fraudulent misrepresentation.
Any matter for which it would be unlawful to exclude or limit liability under the laws of England and Wales.

b) Subject to Clause (a), the Company shall not be liable for any indirect, incidental, special or consequential loss, including but not limited to loss of profit, loss of income, loss of business, loss of opportunity or any similar financial loss arising from the Services provided.

c) The Company’s total liability arising out of or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total amount paid by the Customer under the Contract.

d) The Company shall not be liable for defects, damage or losses arising from:

Pre-existing defects within the Property.
Structural movement or settlement.
Roof leaks, water ingress, damp, condensation or inadequate ventilation.
Existing electrical wiring, plumbing or other concealed services.
Alterations or repairs carried out by third parties.
Misuse, neglect, abuse or overloading of the installed products.
Failure to maintain the Property or the installed products.

e) Where damage is caused by circumstances beyond the Company’s reasonable control, the Company shall not be liable for any resulting loss or damage.

f) Nothing in this clause affects the Customer’s statutory rights.

CANCELLATION RIGHTS AND 14-DAY COOLING-OFF PERIOD

a) If the Customer is a consumer and this Contract is entered into away from the Company’s business premises (for example, following a home survey) or online, the Customer has the right to cancel the Contract within 14 calendar days without giving any reason, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

b) The 14-day cooling-off period begins on the day after the Contract is entered into.

c) To exercise the right to cancel, the Customer must notify the Company by a clear written statement (for example, by letter or email) before the expiry of the 14-day cooling-off period.

d) If the Customer requests that the Company commences the Services during the 14-day cooling-off period, the Customer must provide their express written request and acknowledge that, if the Services are fully completed within the cooling-off period, the statutory right to cancel will be lost.

e) If the Customer cancels the Contract after requesting the Company to commence the Services during the cooling-off period, the Company reserves the right to charge a reasonable amount for any work completed, services provided and materials supplied up to the date of cancellation.

f) Where the Services have been fully completed within the 14-day cooling-off period at the Customer’s express request and with the Customer’s acknowledgement, the statutory right to cancel shall cease upon completion of the Services.

g) The Company reserves the right to cancel or postpone any quotation, order or installation before the commencement of the Services where it is unable to proceed due to circumstances beyond its reasonable control, health and safety concerns, material shortages, restricted access, or any other reasonable cause. Where appropriate, any monies paid by the Customer will be refunded, less any reasonable costs already incurred where permitted by law.

TERMINATION

a) Either party may terminate the Contract by giving written notice if the other party commits a material breach of these Terms and Conditions and, where the breach is capable of being remedied, fails to remedy it within 14 days of receiving written notice.

b) The Company may terminate the Contract immediately by written notice if:

The Customer fails to make payment in accordance with the agreed payment terms.
The Customer prevents or unreasonably delays the Company from carrying out the Services.
The Company reasonably believes that continuing the Services would be unsafe or unlawful.
The Customer provides false or misleading information that materially affects the Contract.

c) The Customer may terminate the Contract in accordance with the cancellation rights set out in the Cancellation Rights and 14-Day Cooling-Off Period section of these Terms and Conditions.

d) Upon termination, the Customer shall immediately pay the Company for all Services completed, materials supplied and any reasonable costs incurred up to the date of termination, unless otherwise required by law.

e) Termination of the Contract shall not affect any rights, remedies or obligations that have accrued before the date of termination.

f) Clauses intended to continue after termination, including those relating to payment, warranties, limitation of liability, confidentiality, intellectual property and governing law, shall remain in full force and effect.

GENERAL

a) Force Majeure

The Company shall not be liable for any delay or failure to perform its obligations under the Contract where such delay or failure results from circumstances beyond its reasonable control, including but not limited to extreme weather conditions, heatwaves, storms, flooding, fire, acts of God, industrial disputes, transport disruption, material shortages, supplier delays, government restrictions, pandemics or any other unforeseen event beyond the Company’s reasonable control.

Where such circumstances continue for an extended period, the Company reserves the right to postpone or terminate the Contract by giving reasonable written notice to the Customer.

b) Notices

Any notice required under these Terms and Conditions shall be in writing and may be delivered by hand, sent by first-class post or sent by email to the contact details provided by either party.

A notice shall be deemed received:

If delivered by hand, on the day of delivery.
If sent by first-class post, two Working Days after posting.
If sent by email, on the day it is sent, provided no delivery failure notification is received.

c) Waiver

Failure or delay by either party to exercise any right or remedy under these Terms and Conditions shall not constitute a waiver of that or any other right or remedy.

d) Severability

If any provision of these Terms and Conditions is found by a court or other competent authority to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect.

e) Assignment

The Customer may not assign or transfer any rights or obligations under the Contract without the Company’s prior written consent.

f) Variations

No variation to these Terms and Conditions or the Contract shall be valid unless agreed in writing by both the Company and the Customer.

g) Entire Agreement

These Terms and Conditions, together with the accepted quotation and any documents specifically referred to within it, constitute the entire agreement between the Company and the Customer and supersede all previous discussions, representations or agreements relating to the Services.

h) Governing Law

These Terms and Conditions and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales.

The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising from these Terms and Conditions.

Terms & conditions