Legal
Terms & Conditions
1. About these terms
These Terms and Conditions ("Terms") govern the provision of services by Lunkwill & Fook Ltd ("we", "us", "our"), a company registered in England and Wales (Company No. 09690979), to our clients ("you", "the Client"). Our registered office is at 25 Estelle Road, London NW3 2JX.
By engaging us to provide services, you agree to be bound by these Terms. These Terms apply to all consultancy, design, supply and installation services we provide unless otherwise agreed in writing.
2. Quotations and acceptance
All quotations provided by us are valid for 30 days from the date of issue, unless otherwise stated in writing. A quotation does not constitute a binding offer until accepted by you in writing (including by email) and countersigned or confirmed by us.
A contract between us and the Client ("the Contract") is formed when we issue a written order confirmation or letter of engagement following your acceptance of a quotation. These Terms are incorporated into that Contract.
Any variation to the agreed scope of works must be agreed in writing before additional works are commenced. We reserve the right to issue a variation quotation for any changes requested by the Client after the Contract has been formed.
3. Our services
We provide some or all of the following services as set out in the relevant quotation:
- Consultancy and feasibility assessment
- System design and specification
- Procurement of equipment and materials
- Installation and commissioning
- Aftercare and maintenance services
We will use reasonable skill and care in the performance of our services and will comply with applicable laws, regulations and industry standards. Where our works require certification (for example, under MCS, Part P or BS 7671), we will arrange for the appropriate certification to be issued upon satisfactory completion.
4. Client obligations
You agree to:
- Provide us with timely access to the property and to accurate information reasonably required for us to perform the services
- Ensure the property is in a condition suitable to permit the works to proceed safely
- Obtain any necessary consents, permissions or planning approvals prior to commencement of works, unless we have agreed in writing to manage this on your behalf
- Notify us promptly of any known hazards, asbestos, or other materials at the property that may affect our works
Failure to meet these obligations may result in delay, additional costs or suspension of works, for which we will not be liable.
5. Fees and payment
Consultancy and design fees
Consultancy and design fees are payable as set out in the relevant quotation. Unless otherwise agreed, a deposit of 50% is due upon Contract formation, with the balance due upon delivery of the final design documentation.
Installation works
Unless otherwise agreed in writing, payment terms for installation projects are:
- 40% deposit upon Contract formation
- 40% on commencement of on-site works
- 20% upon practical completion
Late payment
Invoices are payable within 14 days of issue. We reserve the right to charge interest on overdue amounts at 8% per annum above the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, and to suspend works until payment is received.
6. Materials and equipment
All materials and equipment specified and supplied by us remain our property until payment has been received in full. Risk in materials passes to the Client upon delivery to site.
We will use reasonable endeavours to procure specified equipment, but reserve the right to substitute equivalent alternatives if specified items become unavailable, subject to your approval where this materially affects the design intent.
7. Warranties and defects
We warrant that all installation works will be free from material defects in workmanship for a period of 12 months from the date of practical completion ("Defects Liability Period"). This warranty does not cover:
- Defects arising from fair wear and tear
- Damage caused by third parties or the Client
- Failure to follow our operating and maintenance guidance
- Manufacturer defects in equipment (which are subject to the relevant manufacturer's warranty)
Manufacturer warranties for equipment supplied by us will be passed through to you on completion. We will assist you in registering such warranties where required.
8. Limitation of liability
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.
Subject to the above, our total aggregate liability to you under or in connection with the Contract (whether in contract, tort, including negligence, or otherwise) shall not exceed the total fees paid by you to us under that Contract.
We shall not be liable for any indirect, consequential or economic loss, loss of profit, loss of use, loss of anticipated savings or loss of data, howsoever arising.
9. Insurance
We maintain public liability insurance and employer's liability insurance at levels appropriate to our business. Details of our current insurance cover are available on request.
10. Intellectual property
All designs, drawings, specifications and other documents produced by us remain our intellectual property unless otherwise agreed in writing. Upon receipt of full payment, we grant you a non-exclusive licence to use such documents in connection with the property for which they were produced. You may not reproduce or share our design documentation with third parties without our written consent.
11. Confidentiality
Each party agrees to keep confidential any information received from the other party that is designated as confidential, or that ought reasonably to be considered confidential given its nature. This obligation does not apply to information that is publicly available or that is required to be disclosed by law or regulation.
12. Force majeure
We shall not be liable for any failure or delay in performing our obligations caused by circumstances beyond our reasonable control, including but not limited to acts of God, extreme weather, supply chain disruption, industrial action or changes in law. We will notify you as soon as reasonably practicable of any such event and its expected duration.
13. Termination
Either party may terminate the Contract by giving 14 days' written notice if the other party commits a material breach and fails to remedy it within 14 days of written notice requiring them to do so.
On termination for any reason, you will pay us for all work completed and costs reasonably incurred up to the date of termination, including for any materials ordered or committed on your behalf.
14. Governing law and disputes
These Terms and any Contract formed under them are governed by the law of England and Wales. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
We will always seek to resolve disputes amicably. In the event of a dispute, we encourage you to contact us in the first instance at hello@lunkwillandfook.uk.
15. Changes to these Terms
We may update these Terms from time to time. The version in force at the date of your Contract formation will apply to that Contract. Updated Terms will apply to new Contracts formed after the date of update.
16. Contact
Lunkwill & Fook Ltd
25 Estelle Road
London NW3 2JX
hello@lunkwillandfook.uk