Our terms

1. These terms
   1. What these terms cover. These are the terms and conditions on which we supply Installation services to you.
   2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide our services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2.  Information about us and how to contact us
   1. Who we are. We are Pro-Insulate & Loft Boarding LTD a company registered in England and Wales. Our company registration number is 14691072 and our registered office is  Canberra, Sherfield English
      Road, Landford, Wiltshire, SP5 2BD .
   2. How to contact us. You can contact us by emailing us at
      Info@pro-insulate.co.uk
   3. How we may contact you. If we have 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 your order.
   4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Quotations.
   1. We will ensure that all quotations are produced with as much detail as possible to avoid any misunderstandings. If you are unsure of anything within your quotation you must advise us of this at your earliest convenience so that the quotation may be amended accordingly before any works are agreed. The written quotation
      supersedes any verbal quotation.
   2. Any additional work found necessary is to be agreed by you and us and a revised/additional quotation will be provided prior to works commencing.
   3. Acceptance of our quotation by you shall constitute an offer to purchase goods and/or services from us.
   4. All quotes are valid for 30 days from the date of the written quotation.
4. Deposit.
   1. At the time of accepting our Quotation, or not more than 2 working days after that, you must pay us a Deposit if this has been agreed.
   2. If during the quotation it is agreed that a deposit must be secured, the Deposit will be 10% of the total value of the agreed works, We will not confirm an order until the Deposit is paid in full.
   3. Should the Deposit not be received as agreed then we reserve the right to cancel the installation until payment has been received in full.
      An alternative installation date will then be offered.
   4. The Deposit is non-refundable.
   5. Our preferred method of payment for deposits is via direct transfer or debit/credit card. We do not accept payment by cheque.
5. Our Installation
   1. Installation may vary slightly from our pictures. The images of the products and installations on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, Your installation may vary from those images
6. Your rights to make changes
   1. If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.
7. Our rights to make changes
   1. Minor changes. We may change the installation:
      1. to reflect changes in relevant laws and regulatory requirements and
      2. to implement minor technical adjustments and improvements.
8. Providing the services
   1. When we will provide the services. During the order process we will let you know when we expect to be able to provide the services to you and commence installation.
   2. We are not responsible for delays outside our control. If installation is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
   3. If you do not allow us access to provide services. If you do not allow us access to your property to perform the installation as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract.
   4. Setting a new deadline for installation. If you do not wish to treat the contract as at an end straight away, you can give us a new deadline, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
   5. When you become responsible for the materials. All materials provided by us or our sub-contractors will be your responsibility from the time we deliver the materials to your address.
   6. When you own materials. All materials provided by us or our sub-contractors remain our property until full and final payment is received by us.
   7. Removal and Disposal:
      1. You agree in accordance with your quotation that we may remove and dispose of existing goods to allow for the execution of works. No items will be removed from the loft/attic space by us unless otherwise agreed. No claim may be entered for items disposed of that you wanted to keep if no such notification was given to us before work commenced.
   8. Movement of Items: It is assumed that you will remove all items from within the working area unless provision is made within the quotation for this to be fulfilled by us. Unless otherwise agreed the loft area should be cleared prior to the start of installation. A charge at our standard removal rate will be charged if the loft is not emptied prior to commencement of work
   9. Reasons we may suspend the installation. We may have to suspend the installation to:
      1. deal with technical problems or make minor technical changes;
      2. to reflect changes in relevant laws and regulatory requirements;
      3. to make changes as requested by you or notified by us to you.
   10. Your rights if we suspend the supply installation. We will contact you in advance to tell you we will be suspending installation, unless the problem is urgent or an emergency. If we have to suspend the installation for longer than two months you may contact us to end the contract and we will refund any sums you have paid in advance for the installation in respect of the period after you end the contract.
   11. We may also suspend installation if you do not pay. If you do not pay us when you are supposed to and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the installation until you have paid us the outstanding amounts. We will contact you to tell you we are suspending installation. We will not suspend the installation where you dispute the unpaid invoice. We will not charge you for the installation during the period for which it is suspended. As well as suspending the installation we can also charge you interest on your overdue payments.
   12. Health and Safety. You agree that, unless agreed with a member of staff, that you will not enter the working area until work has been completed and is ready to be inspected. We cannot be held responsible for any injury caused to any third party whilst work is in progress if access into the loft/attic space is made without prior agreement.
9. Our Guarantee.
   1. We guarantee that we will repair or replace any part of your installation that proves faulty or defective through a defect in materials until your given warranty runs its course, (excluding lightbulbs/ tubes).
   2. This guarantee does not cover misuse or mishandling of any supplied or installed items provided by us.
   3. This guarantee is non transferable.
   4. This guarantee does not affect any of your statutory rights as a consumer.
10. Your rights to end the contract
    1. You can always end your contract with us. Your rights when you end the contract will depend on what you have paid for, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
       1. If what you have paid for is faulty or mis-described you
          may have a legal right to end the contract (or to get the fault repaired or replaced or a service re-performed or to get some of your money back)
       2. If you have just changed your mind, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions including, without limitation, in respect of any bespoke materials prepared or manufactured which we are not able to reuse.
       3. In all other cases (if we are not at fault and there is no right to change your mind) we will not be liable and may not provide a refund.
    2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
       1. we have told you about an upcoming major change which you do not agree to;
       2. we have told you about an error in the price or description of the installation you have ordered and you do not wish to proceed;
       3. there is a risk that supply of the installation may be significantly delayed because of events outside our control;
       4. we have suspended the installation for technical reasons, or notify you we are going to suspend it for technical reasons, in each case for a period of more than four weeks; or
       5. you have a legal right to end the contract because of something we have done wrong.
    3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most installations you have a legal right to change your mind within 14 days of order and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are
       explained in more detail in these terms.
    4. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
11. How to end the contract with us (including if you have changed your mind)
    1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
       1. Email. email us at info@pro-insulate.co.uk
       2. How we will refund you. We will refund you the price less any deductions provided for in these terms by the method you used for payment. However, we may make deductions from the price, as described below.
       3. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind including, without limitation the cost of any bespoke items already ordered or manufactured. The amount deducted in respect of our services will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
       4. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change
          your mind then your refund will be made within 14 days of you telling us you have changed your mind.
12. Our rights to end the contract
    1. We may end the contract if you break it. We may end the contract at any time by writing to you if:
       1. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
       2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide our services, for example, it shall be entirely your responsibility to identify the needs for any planning permission, building regulation consents, building warrants or any other similar consents or approvals and to obtain those which we have not agreed in writing to apply for on your behalf such documents identifying specifically the consents for which we have agreed to pay;
       3. you do not, within a reasonable time, allow us access to your premises to supply the services.
    2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 13.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
13. If there is a problem with our services
    1. How to tell us about problems. If you have any questions or complaints about the installation, please contact us. You can telephone our customer service team using numbers provided on our website www.pro-insulate.co.uk or write to us at Info@pro-insulate.co.uk
    2. Summary of your legal rights. 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.
14. Structural Defects:
    1. Unless specifically mentioned, no provision is made by us for defects to the building structure or any structurally related objects when carrying out an installation. It is assumed that such surfaces/items are in good condition and suitable to undertake the works agreed.
    2. The cost for repair or renewal of any structural defect or movement of any obstruction which is not visible at the time of survey or installation will be chargeable unless allowance for such items is specifically included in the quotation.
    3. Lathe & Plaster Ceilings are very old and generally unstable. When having work done there is a risk it will crumble and fall away in smaller or larger areas. We will take every care to ensure this does not happen but accept no responsibility for repair, replacement or redecoration of ceilings made from lathe and plaster and any such crumbling, cracking or falling away will be strictly age related and not due to damage caused by us.
    4. Plastered ceiling and ceilings in new build homes may not have been bonded correctly. This may result in small areas of plaster popping off the screws used to hold the plasterboard in place. We take every care to ensure this is minimised but we cannot be held responsible for repair or repainting where these screw pops appear as they are a structural defect as opposed to damage caused by Pro-Insulate & Loft Boarding LTD.
15. Price and payment
    1. The price for the product. The price of the installation (which includes VAT where applicable) will be the price as stated in our agreed quotation. We take all reasonable care to ensure that the price of the installation advised to you is correct.
    2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply our services, 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.
    3. When you must pay and how you must pay. We accept payment with all major credit and debit cards, bank transfer and cash by arrangement. when agreed you will be required to make a deposit of a minimum of 10% of the price of the services, before we start providing them – see clause 4. We will invoice you for the balance of the price of the services when we have completed them. You must pay each such invoice within 24 hours from the date of the invoice.
    4. Snagging. If, upon completion of your installation minor snagging items remain to be corrected, you agree to pay to us 80% of the balance of our final invoice on the initial installation day and the balance on the day in which the snagging items are completed to your reasonable satisfaction.
    5. We can charge interest if you pay 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 3% a year above the base lending rate of the Bank of England from time to time. 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. You must pay us interest together with any overdue amount.
    6. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
16. Our responsibility for loss or damage suffered by you
    1. We are responsible to you for foreseeable loss and damage
       caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. We do not exclude or limit in any way our liability to you where it
       would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the installation as summarised at clause 14.2 and for defective products under the Consumer Protection Act 1987.
    3. When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services. For example lath and plaster ceilings are very old and generally unstable.

       There is a risk that, when works are carried out, they may crumble and fall away. We do not accept liability for repair, replacement or redecoration of ceilings made from lath and plaster and any such crumbling, cracking or falling away. This includes damage to carpets and other areas as a result of dust and debris from removing sections of lathe and plaster ceilings. Some ceilings have only a thin layer of skim which has not sufficiently bonded and this can result in screw pops where the skim falls off where it has been applied over screw holding plasterboard in place. In the absence of negligence by us, we will not be liable for repairs or redecoration in such circumstances.

       Likewise, we will not be liable to you or any third party for damage caused to person or property which results from misuse, neglect or overloading of the loft floor or for the misuse of any ladder which may have been installed, nor will we be held liable to you or any third party for damage caused to ceilings, Electrical cabling, pipework, light fittings or decoration after the work is complete, due to movement in the attic/loft space of persons or items outside the limits of the technical specification of the installation.

    4. We are not liable for business losses. We only supply our services for domestic and private use. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17. How we may use your personal information
    1. How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.
18. Other important terms
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
       We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    2. You need our consent to transfer your rights to someone else.
       You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the property.
    3. Nobody else has any rights under this contract
    4. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 18.1 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    5. If a court finds part of this contract illegal, the rest will continue
       in force. Each of the paragraphs of these terms operates separately.
       If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    6. Even if we delay in enforcing this contract, we can still enforce it
       later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    7. Which laws apply to this contract and where you may bring legal
       proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.