Terms of business for stone worktop supply, fabrication, delivery and installation.
1.1These Terms & Conditions govern all quotations, orders, contracts and transactions entered into by Lenden Construction Ltd ("Lenden", "the Company", "we", "us" or "our") relating to the supply, fabrication, delivery and installation of stone worktops and associated products and services.
1.2These Terms apply to residential, domestic and commercial projects unless expressly varied in writing.
1.3The Customer ("you", "your" or "the Customer") means the individual, company, partnership or other legal entity purchasing Products or Services from Lenden.
1.4These Terms shall be read together with the applicable quotation, order confirmation, drawings, specifications, invoice and any written variations.
1.5In the event of inconsistency, the following order of precedence shall apply:
1.6Nothing in these Terms excludes, restricts or limits any statutory rights or protections that cannot lawfully be excluded.
2.1Quotations are valid for fourteen (14) calendar days from the date of issue unless a different validity period is expressly stated.
2.2Quotations are based upon the information, drawings, dimensions, material selections and specifications available at the time of preparation.
2.3A quotation shall not constitute a binding contract until accepted by the Customer and confirmed by Lenden.
2.4Acceptance may be provided by:
2.5Where applicable, acceptance shall be accompanied by payment of the agreed deposit.
2.6Lenden reserves the right to decline an order before contract formation.
2.7Any verbal discussions, estimates or informal representations shall not alter the agreed contract unless confirmed in writing by an authorised representative of Lenden.
2.8The Customer should ensure that the quotation accurately reflects the intended material, dimensions, finishes, fabrication requirements and installation services before acceptance.
3.1The contract price shall be the amount stated in the accepted quotation, subject to agreed variations and any lawful adjustment expressly provided for in the contract.
3.2Prices shall be based upon the agreed scope of works.
3.3Additional charges may arise where:
3.4Lenden shall notify the Customer of material additional costs and obtain agreement before undertaking chargeable additional work, except where immediate action is reasonably necessary to prevent damage or address a safety issue.
3.5No variation shall be deemed agreed merely because additional work has been discussed.
3.6Where a variation affects the completion date, installation arrangements or payment schedule, the contract shall be adjusted accordingly by agreement.
4.1Unless otherwise agreed in writing, Lenden's standard payment structure shall be:
4.2Alternative payment arrangements may be specified in the accepted quotation.
4.3Deposits are intended to secure the Customer's order, reserve materials, allocate production capacity and facilitate procurement and fabrication.
4.4The Customer acknowledges that certain stone materials may be expensive, limited in availability or sourced specifically for the Customer's project.
4.5Payments shall be made by bank transfer, card payment or another method approved by Lenden.
4.6Payment shall be deemed received when cleared funds are available to Lenden.
4.7The Customer shall not make deductions from payments due unless such deductions are agreed in writing or permitted by applicable law.
4.8Where a payment dispute arises, the Customer shall promptly notify Lenden in writing, identifying the disputed amount and the reasons for the dispute.
4.9The Customer shall continue to pay all undisputed sums in accordance with the contract, subject to applicable statutory rights.
4.10Payment of an invoice shall not prevent a Customer from exercising statutory rights concerning defective or non-conforming Products or Services.
5.1Lenden supplies or may source natural stone, engineered stone, porcelain and other materials as specified in the accepted quotation.
5.2Natural stone is inherently variable and may exhibit variations in colour, veining, grain, mineral composition, pattern, texture, shade, fissures, inclusions and surface characteristics.
5.3Such characteristics are inherent to natural materials and do not automatically constitute defects.
5.4Photographs, samples, displays, showroom materials and website images are indicative only and cannot guarantee an exact match to the finished installation.
5.5Where slab selection is offered, the Customer may inspect and approve the relevant slab before fabrication, subject to availability and the agreed selection process.
5.6Where a Customer selects or approves a particular slab, Lenden shall use reasonable care to ensure that the approved slab is used for the agreed project.
5.7Approval of a slab does not constitute acceptance of defective goods or waive statutory rights.
5.8Lenden shall not be responsible for differences between the selected slab and the finished appearance resulting from cutting, fabrication, polishing, natural pattern distribution or unavoidable material characteristics, provided the Products conform to the contract and applicable law.
5.9For engineered stone and porcelain, minor variations between samples, production batches and finished Products may occur.
5.10Lenden does not guarantee identical colour, veining or pattern across separate slabs, batches or future orders unless expressly agreed in writing and reasonably achievable.
6.1Where a customer requests reservation of specific slabs, Lenden may require a holding non-refundable deposit of minimum £100 per slab.
6.2The reservation shall identify, where applicable:
6.3A reservation shall not automatically constitute a completed fabrication order unless the quotation or reservation confirmation expressly states otherwise.
6.4Reserved slabs may be held for the agreed reservation period.
6.5Where the Customer fails to proceed within the agreed period, Lenden may contact the Customer to establish whether the reservation should be extended or released.
6.6Any extension shall be subject to agreement and material availability.
6.7Where a customer cancels a reservation, Lenden may recover reasonable and proportionate losses and costs lawfully attributable to that cancellation, including relevant supplier charges, reservation expenses and losses arising from materials purchased specifically for the Customer.
6.8Lenden shall take reasonable steps to mitigate its losses, including considering whether reserved materials can be released, reused or resold.
6.9Any deposit retained shall be limited to the Company's lawful entitlement and shall not constitute an automatic penalty.
7.1Worktops are generally manufactured or fabricated to the Customer's specific dimensions, requirements and specifications.
7.2Fabrication may include cutting, polishing, profiling, sink cut-outs, hob cut-outs, tap holes, joints, drainer grooves, upstands, splashbacks and other agreed features.
7.3The Customer shall approve any drawings, templates, layouts or specifications requested by Lenden before fabrication proceeds.
7.4The Customer shall carefully review all relevant details, including:
7.5Any errors in Customer-approved drawings or specifications may result in additional fabrication costs where the error originates from incorrect information or an approved design.
7.6Once fabrication has commenced, alterations may not be possible without additional costs, replacement materials or revised installation dates.
7.7Lenden shall not be responsible for errors resulting solely from inaccurate information supplied by the Customer or third parties, except where Lenden has failed to exercise reasonable care or skill in its own work.
7.8Nothing in this clause excludes liability for our own fabrication errors.
8.1Where templating is included, Lenden shall arrange a site visit at an agreed time.
8.2Templating shall normally take place after the kitchen cabinets have been installed, levelled, secured and positioned in their final locations.
8.3The Customer shall ensure that the site is ready for accurate templating.
8.4Where applicable, sinks, appliances and relevant fittings should be available for measurement or confirmation.
8.5Lenden shall not be responsible for inaccuracies arising from subsequent changes to cabinets, walls, appliances, supporting structures or other relevant site conditions.
8.6If re-templating becomes necessary due to Customer-requested changes or site alterations, additional charges may apply.
8.7Where templating cannot reasonably be completed because the site is not ready, Lenden may arrange a further appointment and charge reasonable additional attendance costs where applicable and agreed.
9.1The Customer shall ensure that the installation site is ready before the agreed installation date.
9.2The following requirements shall apply unless otherwise agreed:
9.3Lenden shall not be responsible for pre-existing defects in cabinets, walls, flooring, plumbing, electrical installations or other structures.
9.4Where site conditions are unsuitable, Lenden may suspend installation until the relevant issues are resolved.
9.5If the Customer fails to prepare the site or provide access, reasonable additional costs arising from wasted attendance, storage, rescheduling or additional labour may be charged where appropriate and agreed.
9.6Lenden shall not be required to undertake work outside the agreed scope to remedy deficiencies in the Customer's kitchen or property.
10.1Installation dates shall be agreed between the parties.
10.2Unless expressly confirmed as guaranteed in writing, dates shall be estimates.
10.3Lenden shall make reasonable efforts to meet agreed dates.
10.4Installation may be delayed by circumstances including:
10.5Where a delay occurs, Lenden shall notify the Customer and provide an updated estimate where reasonably practicable.
10.6Nothing in this clause removes any statutory rights relating to delivery or performance within an agreed or reasonable time.
11.1Installation shall be undertaken with reasonable care and skill.
11.2The installation method shall be appropriate to the material, design and relevant site conditions.
11.3Worktops may require joints, seams, supports or other installation features depending on dimensions, material characteristics, access and fabrication requirements.
11.4Joint positions shall be determined by practical and technical considerations and any agreed layout.
11.5Lenden shall use reasonable care when handling and installing Products.
11.6The Customer acknowledges that stone worktops are heavy, rigid materials and that installation may involve lifting, positioning and fitting within confined spaces.
11.7The Customer shall ensure that adequate access and suitable working conditions are available.
11.8Lenden shall not be responsible for damage arising from pre-existing structural defects, unsuitable supporting structures or third-party workmanship, except where caused by our own breach of contract or negligence.
11.9Any additional works outside the accepted quotation shall require agreement and may be charged separately.
12.1The Customer shall disclose any known defects or vulnerabilities affecting cabinets, flooring, walls, appliances, plumbing, electrical installations or other property before installation.
12.2Where reasonably practicable, Lenden may record the condition of the installation area before commencing work, including photographs of existing damage.
12.3Lenden shall take reasonable precautions to protect the Customer's property during installation.
12.4The Customer acknowledges that reasonable installation activities may involve incidental contact with adjacent surfaces, particularly where access is restricted or existing structures are irregular.
12.5Lenden shall remain responsible for damage caused by its negligence or breach of contract.
12.6Lenden shall not be responsible for:
12.7Where the Customer believes damage has occurred during installation, the Customer should notify Lenden promptly in writing and provide photographs or other relevant information.
12.8Lenden shall investigate alleged damage fairly and may arrange an inspection where appropriate.
12.9Any agreed repair or compensation shall be determined by reference to the actual damage, responsibility for the damage and applicable legal obligations.
12.10Nothing in this clause excludes liability for damage caused by Lenden's negligence or breach of contract.
13.1Installation shall be considered practically complete when the agreed installation works have been substantially completed and the worktops are installed in their intended positions.
13.2Minor finishing matters or outstanding snagging items that do not prevent the reasonable use of the installation shall not automatically mean that the entire installation remains incomplete.
13.3Where applicable, Lenden may provide a completion record, installation photographs or a snagging list.
13.4The Customer shall be given a reasonable opportunity to inspect the installation.
13.5The Customer should identify any apparent issues promptly and provide sufficient detail to enable investigation.
13.6Completion does not waive any statutory rights relating to defective goods, workmanship or other contractual non-conformities.
14.1The final balance shall become payable in accordance with the agreed payment schedule.
14.2Unless otherwise stated in the quotation, the final balance shall be payable upon practical completion of installation.
14.3The Customer shall not unreasonably delay payment of undisputed amounts.
14.4A complaint concerning a minor defect or snagging item shall not automatically entitle the Customer to withhold the entire contract price.
14.5Where a genuine dispute arises, the parties shall identify the disputed amount and attempt to resolve the issue promptly.
14.6The Customer shall pay undisputed amounts in accordance with the contract, subject to applicable statutory rights.
14.7Where a material defect affects the contractual performance or the Customer's statutory remedies, nothing in these Terms requires the Customer to waive or surrender any lawful right to withhold payment, seek a price reduction or pursue another remedy.
14.8Lenden shall not require payment for work that has not been carried out or for Products that have not been supplied, except where payment is properly due under an agreed lawful payment arrangement.
14.9Payment shall not be conditional upon the Customer receiving payment from another party, unless expressly agreed in writing.
14.10For commercial customers, payment terms shall be those specified in the accepted quotation or invoice.
15.1Where payment is overdue, Lenden may issue a payment reminder or formal demand.
15.2Lenden may seek recovery of overdue sums through lawful debt recovery procedures.
15.3For qualifying business-to-business transactions, Lenden may claim statutory interest and fixed debt recovery compensation under applicable late payment legislation, where entitled.
15.4The statutory interest rate for qualifying commercial debts is generally 8% above the Bank of England base rate unless a different contractual rate applies.
15.5Commercial debt recovery compensation may also be recoverable where applicable.
15.6For consumer customers, interest or recovery charges shall only be applied where legally permitted and fairly disclosed.
15.7Lenden shall not impose unlawful charges or recover the same loss more than once.
15.8Any legal proceedings shall be brought in accordance with applicable law and the relevant court's jurisdiction.
16.1Customers may cancel an order subject to the contract and applicable statutory cancellation rights.
16.2Certain bespoke or personalised Products may be exempt from the statutory right to cancel for convenience under applicable consumer legislation.
16.3This exemption shall not automatically remove cancellation rights relating to services or other contractual elements.
16.4Where statutory cancellation rights apply, Lenden shall comply with the applicable cancellation requirements.
16.5Where a Customer cancels outside any applicable statutory cancellation right, Lenden may recover reasonable and proportionate losses directly attributable to the cancellation.
16.6Such losses may include:
16.7Lenden shall take reasonable steps to mitigate losses.
16.8Any deposit retained shall be credited against recoverable losses and costs.
16.9Where the recoverable losses are lower than the amount paid by the Customer, the appropriate balance shall be refunded.
16.10Where lawful recoverable losses exceed the deposit, Lenden may seek payment of the remaining amount.
16.11No cancellation charge shall be imposed merely as a penalty or in an amount disproportionate to the Company's legitimate losses.
17.1Where a Customer fails to provide required approvals, measurements, site access, payments or other necessary cooperation, Lenden may notify the Customer of the outstanding requirements.
17.2The Customer shall be given a reasonable opportunity to remedy the issue.
17.3If the Customer fails to proceed within a reasonable period, Lenden may suspend the order and seek agreement on revised arrangements.
17.4Where the Customer's failure materially prevents performance, Lenden may terminate the contract in accordance with its terms and applicable law.
17.5Any resulting recovery shall be limited to lawful and proportionate losses.
17.6Where materials have been purchased or fabricated specifically for the Customer, their value and any reasonable unavoidable costs may be considered when calculating recoverable losses.
18.1The Customer shall not unreasonably refuse delivery or installation of Products that conform to the agreed contract.
18.2Where the Customer refuses access or installation without reasonable justification, Lenden may arrange an alternative installation date.
18.3Reasonable additional costs arising from wasted attendance, storage, transport or rescheduling may be charged where appropriate and agreed.
18.4Where the Customer alleges defective or non-conforming Products or Services, Lenden shall investigate the issue and comply with applicable legal obligations.
18.5Nothing in this clause requires the Customer to accept defective goods or waive statutory rights.
19.1Lenden warrants that its installation services shall be performed with reasonable care and skill.
19.2Any additional workmanship warranty shall be stated separately in writing.
19.3Unless otherwise stated, any workmanship warranty offered by Lenden shall relate to installation workmanship and shall not constitute a manufacturer's warranty for the stone material.
19.4Workmanship warranty claims should be submitted in writing with photographs and relevant details.
19.5Lenden shall investigate warranty claims fairly and arrange appropriate remedial work where a valid claim is established.
19.6Any warranty shall be additional to statutory rights.
20.1A workmanship warranty shall not cover damage or deterioration caused by:
20.2These exclusions shall not apply where the relevant issue is caused by Lenden's breach of contract or negligence.
21.1The Customer shall follow the maintenance instructions appropriate to the material supplied.
21.2Natural stone may require sealing or other maintenance depending on the stone type and finish.
21.3The Customer should avoid unsuitable chemicals, abrasive products, excessive heat and concentrated impacts.
21.4Chopping boards and appropriate heat protection should be used.
21.5The Customer should not stand, sit or place excessive weight on unsupported worktop sections.
21.6Damage arising from misuse or failure to follow reasonable care instructions shall not be covered by a workmanship warranty, subject to statutory rights.
22.1Lenden shall be responsible for losses arising from its breach of contract, negligence or other legally actionable conduct, subject to applicable law.
22.2Nothing in these Terms excludes or restricts liability for:
22.3Lenden shall not be liable for damage caused solely by inaccurate information supplied by the Customer or third parties, unsuitable existing structures or undisclosed site conditions, except where Lenden has failed to exercise reasonable care or skill.
22.4Lenden shall not be responsible for indirect or consequential losses to the extent that such losses may lawfully be excluded.
22.5For business customers, any agreed financial limitation of liability shall be specified separately in writing and shall apply only to the extent permitted by law.
22.6No provision in this section shall remove any statutory rights available to a consumer.
23.1Lenden shall not be liable for delay or failure caused by circumstances beyond its reasonable control.
23.2Such circumstances may include severe weather, fire, flood, transport disruption, supplier shortages, industrial action, government restrictions or other exceptional events.
23.3Lenden shall notify the Customer of significant disruption and take reasonable steps to minimise its effects.
23.4Where performance becomes impossible or substantially delayed, the parties may agree revised arrangements or exercise any rights available under applicable law.
24.1Lenden shall process personal information in accordance with applicable UK data protection legislation.
24.2Personal information may be processed for quotations, orders, fabrication, installation, payment processing, customer service and legal compliance.
24.3Further information is provided in our Privacy Policy.
25.1Website content, photographs, branding, logos, graphics and other materials belonging to Lenden may not be copied or used commercially without permission.
25.2Customer-provided drawings, designs and photographs remain the property of their respective owners.
25.3The Customer authorises Lenden to use relevant materials solely for fulfilling the agreed contract.
26.1Customers should submit complaints in writing to Lenden's designated contact address.
26.2Complaints should include:
26.3Lenden shall investigate complaints fairly and respond within a reasonable period.
26.4Both parties shall make reasonable efforts to resolve disputes without unnecessary litigation.
26.5Nothing in this clause prevents either party from commencing legal proceedings or exercising statutory rights.
27.1These Terms & Conditions shall be governed by the laws of England and Wales.
27.2The courts of England and Wales shall have jurisdiction, subject to applicable consumer protections and jurisdictional rights.
27.3Consumers may retain the right to bring proceedings in their local courts where permitted by law.
28.1If any provision of these Terms is found to be unlawful, invalid or unenforceable, the remaining provisions shall continue to apply so far as legally possible.
28.2Any invalid provision shall be interpreted or applied in a manner consistent with applicable law where legally permissible.
29.1These Terms, together with the accepted quotation, order confirmation and agreed variations, constitute the contractual agreement between Lenden and the Customer.
29.2No amendment shall be binding unless agreed in writing, except where applicable law provides otherwise.
29.3Nothing in this clause excludes liability for fraudulent misrepresentation or other liability that cannot lawfully be excluded.
End of Terms & Conditions
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