Terms & Conditions for Lighting Restoration

Parties to the agreement.

This agreement is made between Mr R Burgess trading as Relight and The Client. Where the client is not an individual The Client hereby warrants that the authorised signatory whose details appear on the restoration worksheet (“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 Mr R Burgess trading as Relight Lamps and the client.

Documentation.

It is in the interest of The Client, Mr R Burgess trading as Relight Lamps and the item that:

• Prior to any work being carried out by Mr R Burgess trading as Relight Lamps a preliminary report is made as to the condition of the item on the Restoration worksheet.
• b. After completion of the work by Mr R Burgess trading as Relight Lamps, a final report is made detailing the work carried out by Mr R Burgess trading as Relight Lamps and the condition of the item.
• c. Where a photographic record of the condition of the item is made. Mr R Burgess trading as Relight Lamps retains the copyright in all reports, drawings, photographs or other forms of documentation made under or in relation to the restoration. Such reports, drawings, or photographs may not be reproduced in whole or in part without Mr R Burgess trading as Relight Lamps’ written consent which may or may not be given on such terms as Mr R Burgess trading as Relight Lamps thinks fit or declined with or without reason. Restoration documentation is only produced on request.

Client requested Work.

Mr R Burgess trading as Relight Lamps shall perform the agreed work set out on the restoration estimate/worksheet. By accepting these terms and conditions The Client hereby warrants to Mr R Burgess trading as Relight Lamps that The Client is the legal owner of the item or has all necessary rights, licences and permission to authorise Mr R Burgess trading as Relight Lamps 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 Mr R Burgess trading as Relight Lamps harmless against all costs, claims liabilities and expenses incurred by Mr R Burgess trading as Relight Lamps in connection with any claim by any third party that The Client was not entitled to permit the agreed work to be carried out. Mr R Burgess trading as Relight Lamps shall use all reasonable care and diligence in carrying out the agreed work.

If any process is to be applied by Mr R Burgess trading as Relight Lamps in accordance with a specification submitted by The Client, The Client shall indemnify Mr R Burgess trading as Relight Lamps against all loss, damages, costs, claims and expenses suffered or incurred by Mr R Burgess trading as Relight Lamps in connection with or paid or agreed by Mr R Burgess trading as Relight Lamps in settlement of any claim of any nature by The Client or any third party arising out of or connected with the said process.

Mr R Burgess trading as Relight Lamps reserves the right to refuse requests contrary 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 Mr R Burgess trading as Relight Lamps.

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 candle drips/sleeves removed will be discarded unless otherwise advised by the client.

Planned completion date.

On receipt of approval from The Client Mr R Burgess trading as Relight Lamps will schedule the agreed work and notify the Client of the planned completion date. Mr R Burgess trading as Relight Lamps operates a ‘slot’ system for restoration 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 Mr R Burgess trading as Relight Lamps 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 fitting or can’t be contacted, Mr R Burgess trading as Relight Lamps will retain the right to cancel the job entirely.

Any dates or periods of time quoted by Mr R Burgess trading as Relight Lamps 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. Mr R Burgess trading as Relight Lamps will endeavour to complete the agreed work within the estimated time but Mr R Burgess trading as Relight Lamps shall not be liable for any loss or damage resulting from any failure by Mr R Burgess trading as Relight Lamps to perform any obligations by any date, or within any period of time, quoted.

Cost of requested work.

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, Mr R Burgess trading as Relight Lamps 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 Mr R Burgess trading as Relight Lamps the cost of the work to be carried out, the cost of documentation and any additional costs, as specified in the restoration worksheet in accordance with the payment terms below. Mr R Burgess trading as Relight Lamps reserves the right to revise the estimated cost in accordance with any agreed changes to the specification. Mr R Burgess trading as Relight Lamps 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.
Payment.

Payment is due from the Client on the date of receipt of any invoice submitted by Mr R Burgess trading as Relight Lamps. If any invoice is not paid within thirty days Mr R Burgess trading as Relight Lamps reserve the right to charge 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 Mr R Burgess trading as Relight Lamps.

Mr R Burgess trading as Relight Lamps 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. Mr R Burgess trading as Relight Lamps 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 in cash, by cheque or by debit/credit card.

Failure to settle invoice, recuperation and Storage.

Invoices not settled, Mr R Burgess trading as Relight Lamps shall be entitled to charge the storage charge of £4 per month per light fitting (or £4 per month per square foot for large items), such storage charge being payable from two weeks following the date of notification of completion until the date of settlement. If the item is not collected within six months of the date of notification of completion then title to the item shall pass to Mr R Burgess trading as Relight Lamps who shall be entitled to sell the item and recover from the net proceeds of sale such sums as may be due to Mr R Burgess trading as Relight Lamps under or in relation to this agreement.

Contract instruction cancellation.

Where the contract is cancelled prior to completion of the work specified in the contract, the Client shall be liable to pay Mr R Burgess trading as Relight Lamps the cost of any documentation and work already carried out and any additional costs already incurred by Mr R Burgess trading as Relight Lamps.

Mr R Burgess trading as Relight Lamps 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.

Risk.

The Client remains responsible for the risk of damage to or loss of the item whilst in Mr R Burgess trading as Relight Lamps 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 Mr R Burgess trading as Relight Lamps.

Mr R Burgess trading as Relight Lamps 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 Mr R Burgess trading as Relight Lamps and specifically accepted on that basis in writing by Mr R Burgess trading as Relight Lamps in which case.

The Client will be liable for the payment to Mr R Burgess trading as Relight Lamps of all premiums necessary to effect such insurance on or prior to delivery. Mr R Burgess trading as Relight Lamps 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 Mr R Burgess trading as Relight Lamps premises unless otherwise agreed in writing. The Client is responsible for the insurance of the item whilst in transit.

Liabilities.

Mr R Burgess trading as Relight Lamps is excluded from all liability to The Client except for professional liability involving the wilful neglect or default of Mr R Burgess trading as Relight Lamps, its servants or agents. Mr R Burgess trading as Relight Lamps liability shall not exceed the cost of the work as specified in the Contract.

Under no circumstances shall Mr R Burgess trading as Relight Lamps be liable for any loss of profit or any indirect or consequential loss or damage. This clause shall not exclude Mr R Burgess trading as Relight Lamps liability for any death or personal injury caused by Mr R Burgess trading as Relight Lamps.

The Client agrees and accepts that Mr R Burgess trading as Relight Lamps 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.

Third Parties.

Where Mr R Burgess trading as Relight Lamps recommends to The Client any work to be carried out by a third party whether such recommendation is made in a report or otherwise, Mr R Burgess trading as Relight Lamps 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 Mr R Burgess trading as Relight Lamps to carry out the work.

Alteration or variation

No alteration or variation to these terms and condition shall be binding unless such alteration or variation is in writing and signed by Mr R Burgess trading as Relight Lamps and The Client (or Authorised Signatory).

Right to Cancel

Work agreed can be cancelled prior to commencement of any work by Mr R Burgess trading as Relight Lamps. Any deposits paid will be refunded unless parts have already been ordered in which case they are payable in full by The Client.

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.
Terms Of Service