terms & conditions 

These Terms and Conditions apply to quotations, orders, contracts and services supplied by Luxpool Ltd. Please read them carefully before accepting a quotation, placing an order or instructing us to begin work.

1. About Luxpool

Luxpool Ltd is a company registered in England and Wales.

Company name: Luxpool Ltd
Company number: 14506382
Registered office: First Floor, 378 Stratford Road, Shirley, Solihull, B90 4AQ, United Kingdom
Email: info@luxpool.co.uk
Telephone: 0333 772 2887
Website: www.luxpool.co.uk

In these Terms:

• “Luxpool”, “we”, “us” and “our” mean Luxpool Ltd.
• “Client”, “customer”, “you” and “your” mean the person or organisation purchasing goods or services from us.
• “Consumer” means an individual acting mainly for purposes outside their trade, business, craft or profession.
• “Business Client” means any person or organisation acting for purposes connected with their trade, business, craft or profession.
• “Goods” means products, materials, equipment and components supplied by us.
• “Services” means design, consultancy, surveys, supply, construction, installation, refurbishment, commissioning, maintenance, servicing, repair and associated work.
• “Site” means the property or location where the Goods or Services are to be delivered or performed.
• “Contract” means the legally binding agreement between you and Luxpool.

2. Application of These Terms

These Terms apply to all Goods and Services supplied by Luxpool unless different terms are expressly agreed in writing.

The Contract may include:

• Our quotation, proposal or order confirmation.
• The agreed scope of work.
• Drawings, specifications and schedules expressly included in our quotation.
• The agreed payment schedule.
• Any written variations or additional-work instructions.
• These Terms and Conditions.

If there is any conflict between these documents, the following order of priority will apply:

1. A formal contract signed by both parties.
2. Written amendments or variations signed or approved by both parties.
3. Our quotation, proposal or order confirmation.
4. The agreed drawings, specifications and schedules.
5. These Terms and Conditions.

Any terms contained in a customer’s purchase order or other document will not apply unless expressly accepted by Luxpool in writing.

Nothing in these Terms affects a Consumer’s statutory rights.

3. Quotations and Contract Formation

Unless stated otherwise, a quotation is valid for 30 days from its date and may be withdrawn or amended at any time before a Contract is formed.

A quotation is based on the information, drawings, photographs, measurements, access arrangements and site conditions made available to us at the time.

A Contract is formed when one or more of the following occurs:

• You sign or confirm acceptance of our quotation.
• You approve the quotation by email or other written communication.
• You issue a purchase order or formal instruction that we accept.
• You pay the required deposit or initial payment.
• You instruct us to begin procurement, design, manufacturing or Site work.
• We issue written confirmation accepting your order.

We are not required to begin work, reserve labour, order materials or confirm a programme until the required acceptance and initial payment have been received.

Any estimated budget, preliminary price or verbal indication given before a formal quotation is not a fixed-price offer.

4. Prices and VAT

Unless expressly stated otherwise, all quotations, estimates, rates and prices issued by Luxpool are exclusive of VAT.

VAT will be added at the applicable rate and shown separately on each VAT invoice.

Where we display prices specifically to Consumers on our public website, the VAT-inclusive amount will be stated where required by law.

Unless expressly included in our quotation, prices do not include:

• Planning, Building Regulations or other statutory application fees.
• Structural-engineering or specialist-consultant fees.
• Utility upgrades or new supplies.
• Excavation, dewatering or removal of contaminated material.
• Asbestos surveys or asbestos removal.
• Making good work by other trades.
• Cranage, specialist lifting or abnormal access costs.
• Parking, permits, congestion charges, tolls or accommodation.
• Additional work arising from hidden or unexpected Site conditions.
• Work outside normal working hours.
• Ongoing servicing, chemicals or consumable products.
• Import duties, customs charges or taxes outside the UK.

Where a quotation contains provisional sums, prime-cost allowances, estimated quantities or daywork rates, the final amount will be adjusted according to the actual work, materials and costs incurred.

5. Deposits and Payment

The deposit, payment stages and payment deadlines will be stated in our quotation, invoice, payment schedule or formal Contract.

Payments may include:

• An initial deposit or mobilisation payment.
• Design or consultancy fees.
• Procurement and manufacturing payments.
• Staged or milestone payments.
• Interim valuations for work completed and materials ordered or delivered.
• A practical-completion payment.
• A final payment following completion of any agreed snagging items.

Unless expressly agreed otherwise, invoices are payable by the due date shown on the invoice.

Payment must be made in cleared funds without deduction, withholding, counterclaim or set-off, except where the law gives the customer an express right to do so.

An application for payment, invoice, valuation or supporting document may be delivered electronically.

For commercial construction contracts, the applicable payment-notice, pay-less-notice, final-date-for-payment, suspension and adjudication provisions will operate in accordance with the Contract and any mandatory construction legislation.

If you believe an invoiced amount is incorrect, you must notify us promptly in writing, identifying the amount disputed and giving detailed reasons. You must pay any undisputed amount by its due date.

6. Late or Missed Payments

If payment is overdue, Luxpool may, subject to any notice required by law:

• Charge interest on the overdue amount.
• Recover reasonable debt-recovery and legal costs.
• Exercise statutory rights to interest and compensation for qualifying commercial debts.
• Suspend design, procurement, manufacturing, delivery, installation, commissioning, servicing or other work.
• Remove labour or equipment from the Site.
• Withhold Goods that have not been delivered.
• Extend the programme to account for the suspension and remobilisation.
• Terminate the Contract where the non-payment is material or continues after written notice.

The customer will be responsible for reasonable demobilisation, storage, remobilisation and delay costs caused by a payment default, except to the extent prohibited by law.

Suspension does not remove the customer’s obligation to pay amounts properly due.

7. Surveys, Measurements and Existing Information

A visual inspection or preliminary Site visit is not a structural survey, drainage survey, asbestos survey, ground investigation or invasive investigation unless expressly described as such in our quotation.

The customer is responsible for providing accurate and complete information, including:

• Site and property details.
• Existing drawings and specifications.
• Structural information.
• Locations of underground and concealed services.
• Relevant surveys and reports.
• Planning conditions and Building Regulations requirements.
• Information about asbestos, contamination, groundwater and other hazards.
• Requirements imposed by landlords, freeholders, insurers or other authorities.

We may rely on information provided by the customer and other project participants.

If dimensions or information supplied to us are incorrect, the price and programme may be adjusted to account for redesign, reordering, modification or additional work.

8. Design Services

Our design responsibility is limited to the design work expressly identified in our quotation or appointment.

Drawings marked preliminary, indicative, tender, concept or not for construction must not be used for construction.

The customer must review drawings, specifications, finishes and equipment selections and promptly notify us of any error or concern.

Approval of a drawing confirms the customer’s acceptance of its general arrangement, dimensions, finishes and selections but does not relieve Luxpool of any legal responsibility that cannot lawfully be excluded.

Unless expressly included, Luxpool is not responsible for:

• The structural adequacy of an existing building.
• Architectural design outside our stated scope.
• Design performed by the customer’s consultants or other contractors.
• Planning permission or Building Regulations applications.
• Party-wall matters.
• Freeholder, landlord or estate-management consent.
• Utility-provider approval.
• Ground or groundwater conditions.
• Fire strategy or wider building compliance outside our scope.

Any redesign caused by a change in the customer’s requirements or information supplied by others may be treated as a variation.

9. Approvals and Permissions

Unless our quotation expressly states otherwise, the customer is responsible for obtaining all necessary permissions and approvals before work begins, including:

• Planning permission.
• Building Regulations approval.
• Listed-building consent.
• Landlord or freeholder consent.
• Party-wall agreements.
• Licences and permits.
• Utility-provider approval.
• Rights of access.
• Consent to discharge water or waste.
• Any other statutory or property-related approval.

Luxpool is not responsible for delay, additional cost or enforcement action arising from a missing approval where obtaining that approval was not included in our scope.

10. Customer Responsibilities and Site Requirements

The customer must:

• Provide safe, clear and uninterrupted access to the Site.
• Ensure that the Site is ready for our work on the agreed date.
• Provide suitable parking, loading and unloading arrangements.
• Provide electricity, water, lighting and drainage where reasonably required.
• Provide welfare facilities for our Site personnel where legally required.
• Provide secure, dry storage for Goods and equipment where agreed.
• Keep children, pets, guests and unauthorised persons away from the working area.
• Inform us of hazards, restrictions and Site rules before work begins.
• Coordinate the work of architects, consultants, main contractors and other trades.
• Ensure that preparatory and preceding work by others is complete and suitable.
• Protect completed work from damage by others.
• Operate and maintain completed systems in accordance with our instructions.

If the Site is not ready or accessible, we may charge reasonable waiting time, aborted-visit costs, additional travel, storage and remobilisation costs.

11. Health, Safety and Site Control

Each party must comply with applicable health and safety requirements.

The customer must disclose any known asbestos, hazardous substances, structural instability, contaminated land, unsafe electrical installation or other significant hazard before work begins.

Luxpool may stop or refuse work where we reasonably believe conditions are unsafe or unlawful.

Stopping work for a genuine health and safety concern will not constitute a breach of Contract. The programme and price may be adjusted where the unsafe condition was not caused by Luxpool.

On commercial projects, the customer must clearly identify the Client, Principal Designer and Principal Contractor under the Construction (Design and Management) Regulations 2015 where applicable.

12. Ground Conditions, Existing Structures and Hidden Defects

Unless expressly included following an appropriate investigation, our quotation assumes ordinary and suitable Site conditions.

Unexpected conditions may include:

• Rock, groundwater or unstable ground.
• Hidden foundations, obstructions or underground structures.
• Unrecorded utilities or drainage.
• Contaminated soil or hazardous materials.
• Asbestos-containing materials.
• Structural defects or inadequate supporting structures.
• Corroded or obstructed existing pipework.
• Defective electrical, heating, ventilation or drainage systems.
• Water ingress or concealed leakage.
• Incorrect dimensions or defective work by others.
• Inadequate incoming water, gas or electrical capacity.

Work reasonably required because of an unexpected condition will be treated as a variation where it falls outside our original scope.

We will notify the customer and, where reasonably practicable, obtain approval before carrying out material additional work. We may take immediate reasonable action where necessary to protect people, property or the Works.

13. Variations and Additional Work

A variation includes any change to the agreed design, scope, specification, quantity, sequence, access arrangement, programme or working conditions.

Variations may result from:

• A customer instruction or request.
• A revised drawing or specification.
• An instruction from an architect, consultant, project manager or authorised representative.
• Unexpected Site conditions.
• A statutory or regulatory requirement.
• A product becoming unavailable.
• Work or delay caused by another contractor.
• Rectification of work not performed by Luxpool.
• An omission or inaccuracy in information supplied to us.

Variations should be instructed or confirmed in writing.

If the price or programme cannot reasonably be agreed beforehand, the work may be valued using the rates in the quotation or, where no relevant rate exists, on a fair and reasonable basis including labour, materials, plant, specialist costs, overheads and profit.

A variation may change both the Contract price and completion date.

14. Products, Materials and Substitutions

Product images, samples, brochures and website descriptions are illustrative. Natural stone, timber, tiles, salt products and other natural or manufactured materials may contain variations in shade, grain, texture, pattern, dimensions and appearance.

Minor differences that do not materially affect functionality or overall appearance will not constitute a defect.

If a specified item is discontinued, unavailable or subject to an unreasonable delay, we may propose a reasonably equivalent alternative. We will obtain the customer’s approval before making a material substitution.

Manufacturer specifications may change without notice. Products must be used and maintained in accordance with the manufacturer’s instructions.

15. Delivery and Storage

Delivery dates are estimates unless expressly confirmed as fixed.

The customer must ensure suitable access for the delivery vehicle and provide any labour, lifting equipment or unloading facilities stated in the quotation.

If delivery cannot be completed because of inadequate access, absence of an authorised recipient or Site conditions outside our control, the customer may be charged for redelivery, waiting time and storage.

The customer must inspect delivered Goods as soon as reasonably practicable and notify us promptly of visible damage, shortage or incorrect delivery.

If Goods are delivered to the Site before installation, the customer must not move, use or interfere with them without our permission.

16. Risk and Ownership of Goods

Risk of loss or damage passes to the customer when Goods are delivered to the agreed Site or collected by the customer or their representative, except where the loss or damage was caused by Luxpool.

For Business Clients, ownership of Goods that remain identifiable and have not been permanently incorporated into the Works will not pass until Luxpool has received full payment for those Goods.

Nothing in this clause permits Luxpool to remove Goods where removal would be unlawful, unsafe or cause disproportionate damage.

Consumer rights relating to the delivery, ownership and quality of Goods remain unaffected.

17. Programme and Delays

Any start date, duration or completion date is an estimate unless expressly stated to be contractually fixed.

We will use reasonable efforts to follow the agreed programme, but we are not responsible for delays caused by circumstances outside our reasonable control, including:

• Severe or unsuitable weather.
• Flood, fire, epidemic or other emergency.
• Strikes or labour shortages.
• Supplier or manufacturer delays.
• Transport or import disruption.
• Shortage of materials or equipment.
• Utility interruption.
• Unexpected Site conditions.
• Delayed instructions, approvals or payments.
• Changes requested by the customer.
• Restricted access or unavailable working areas.
• Delay or defective work by other contractors.
• Statutory-authority or utility-provider delay.
• Force majeure events.

Where such delay occurs, Luxpool will be entitled to a reasonable extension of time and, where appropriate, payment of reasonable additional costs.

18. Work by Other Contractors

Luxpool is not responsible for work designed, supplied or performed by others.

The customer must ensure that other contractors do not damage, alter, cover or interfere with our work.

If our work depends on work by others, that work must be accurate, complete and suitable before Luxpool proceeds.

Inspection or connection to existing work does not mean that Luxpool accepts responsibility for its design, quality, condition or compliance.

Any investigation, correction or repeat visit caused by work performed by others may be charged as additional work.

19. Testing, Commissioning and Handover

Commissioning may depend upon the availability of suitable electricity, water, gas, drainage, ventilation, communication connections and access.

Where the customer or another contractor prevents full testing or commissioning, Luxpool may:

• Record the outstanding requirement.
• Treat the available work as substantially complete.
• Return later when the Site is ready.
• Charge reasonable costs for the additional visit and recommissioning.

The customer must ensure that an appropriate representative attends any operational training or handover appointment.

The customer must follow all operating, maintenance, water-treatment and safety instructions provided by Luxpool or the manufacturer.

20. Completion and Snagging

Practical completion occurs when the Works are substantially complete and capable of being used for their intended purpose, despite minor outstanding defects or snagging items that do not materially prevent use.

Minor snagging items do not entitle the customer to withhold the whole of an otherwise properly due payment.

The customer must provide a clear written snagging list within the period stated in the Contract or, where no period is stated, within a reasonable period following practical completion.

Luxpool will address defects for which it is responsible within a reasonable time, taking account of access, product availability and the nature of the work.

Damage, misuse, poor maintenance or work performed by others is not snagging and may be chargeable.

21. Consumer Cancellation Rights

If you are a Consumer and the Contract is entered into entirely at a distance or away from Luxpool’s business premises, you may have a statutory right to cancel.

For a service contract, the cancellation period normally ends 14 days after the Contract is formed.

For a contract for Goods, the cancellation period normally ends 14 days after you, or a person nominated by you other than the carrier, takes possession of the Goods.

To cancel, you must make a clear statement by email or post using the contact details in section 1. You may use the following wording:

I hereby give notice that I cancel my contract for the following Goods or Services: [description]. Ordered on: [date]. Name: [name]. Address: [address]. Date: [date].

If you ask us to begin Services during the cancellation period, we will require an express request. If you then cancel, you may be required to pay a proportionate amount for Services properly provided before cancellation.

If the Services have been fully performed during the cancellation period following your express request and acknowledgment that the cancellation right would be lost upon full performance, you will no longer have the right to cancel those completed Services.

Statutory cancellation rights may not apply to:

• Goods made to the customer’s specifications.
• Clearly personalised Goods.
• Bespoke manufacturing.
• Sealed Goods that are unsuitable for return for health-protection or hygiene reasons once unsealed.
• Goods inseparably mixed or incorporated after delivery.
• Urgent repairs or maintenance specifically requested by the Consumer, subject to the limits of the applicable law.

This section does not affect your rights where Goods are faulty or Services have not been performed with reasonable care and skill.

22. Cancellation Outside a Statutory Cooling-Off Period

If no statutory cancellation right applies, the customer may only cancel the Contract in accordance with its express terms or with Luxpool’s written agreement.

If cancellation is accepted, the customer must pay for:

• Services performed up to the cancellation date.
• Design and consultancy work completed.
• Goods and materials ordered, manufactured or committed.
• Non-refundable supplier and subcontractor charges.
• Reasonable restocking, return, cancellation and transport costs.
• Reasonable demobilisation and Site-protection work.
• Other reasonable losses directly arising from the cancellation, subject to Luxpool taking reasonable steps to reduce avoidable losses.

For Consumers, any cancellation amount will be fair and proportionate and will not exceed Luxpool’s reasonable net loss resulting from the cancellation.

Bespoke or personalised Goods may not be returnable unless faulty.

23. Returns of Non-Bespoke Goods

Where a Consumer validly cancels an eligible distance contract for Goods, the Consumer must return the Goods within 14 days after notifying us of cancellation unless we have agreed to collect them.

The Consumer is responsible for direct return costs unless Luxpool agreed to pay those costs or failed to provide legally required information about them.

The Consumer must take reasonable care of the Goods. We may make a lawful deduction from the refund if the Goods have been handled beyond what is reasonably necessary to establish their nature, characteristics and functioning.

Refunds will be made in accordance with applicable consumer law.

Business Clients may return Goods only with our prior written approval. Approved business returns may be subject to inspection, transport and reasonable restocking charges.

24. Faulty Goods and Defective Services

Goods supplied to Consumers must be as described, of satisfactory quality and fit for any particular purpose made known to us where the law requires.

Services supplied to Consumers will be performed with reasonable care and skill.

If you believe Goods or Services are defective, you must notify us as soon as reasonably practicable and provide sufficient information for us to investigate.

You must give Luxpool reasonable access and an opportunity to inspect and, where appropriate, repair or repeat the affected work.

We are not responsible for defects or damage caused by:

• Misuse, neglect or accidental damage.
• Failure to follow operating or maintenance instructions.
• Incorrect water chemistry.
• Inadequate ventilation, heating or environmental control.
• Frost, flooding, fire or other external events.
• Normal wear and tear.
• Unauthorised modification or repair.
• Work performed by another contractor.
• Defective existing structures, services or equipment.
• Materials supplied by the customer.
• Failure to maintain or service equipment as recommended.

Nothing in these Terms excludes or restricts a Consumer’s statutory remedies.

25. Warranties and Manufacturer Guarantees

Any Luxpool workmanship warranty or manufacturer’s warranty will be described in the quotation, handover documents or warranty certificate.

Manufacturer warranties are subject to the manufacturer’s conditions and claims procedure. Luxpool does not provide a longer manufacturer warranty than the manufacturer itself provides unless expressly agreed in writing.

Warranty cover may be conditional upon:

• Full payment of all amounts due.
• Correct operation of the installation.
• Maintaining appropriate water chemistry.
• Keeping accurate testing and maintenance records.
• Regular servicing by a competent person.
• Using approved chemicals, parts and consumables.
• Maintaining appropriate ventilation, humidity and temperature.
• Following all operating and maintenance instructions.
• Promptly reporting a suspected defect.
• Providing reasonable access for inspection and repair.

A maintenance agreement is separate from a product or workmanship warranty unless expressly stated otherwise.

26. Swimming Pool, Spa and Wellness-System Operation

Swimming pools, spas, saunas, steam rooms and associated systems require ongoing inspection, cleaning, testing, servicing and correct operation.

The customer is responsible for:

• Maintaining safe and appropriate water chemistry.
• Testing disinfectant and pH levels at suitable intervals.
• Cleaning filters, strainers, surfaces and circulation components.
• Maintaining suitable water levels and circulation.
• Protecting outdoor systems from frost.
• Maintaining ventilation and humidity-control systems.
• Following bather-load and operating limits.
• Keeping plant rooms secure, dry, ventilated and accessible.
• Arranging routine servicing and statutory inspections where applicable.
• Maintaining appropriate service and water-testing records.

Automatic dosing and control equipment assists operation but does not replace manual testing, supervision or routine maintenance.

Luxpool is not responsible for water quality, staining, corrosion, scaling, microbial growth, condensation, mould or equipment damage resulting from incorrect operation, inadequate maintenance or unsuitable environmental conditions.

Commercial operators remain responsible for complying with applicable health and safety, water-quality and operational requirements.

27. Maintenance, Servicing and Call-Outs

Maintenance and servicing are limited to the items expressly identified in the service quotation or agreement.

A routine service does not guarantee that all faults will be identified or prevent future breakdown.

Unless expressly included, service pricing does not include:

• Replacement parts.
• Chemicals and consumables.
• Specialist access equipment.
• Drain-down or refill costs.
• Major cleaning or descaling.
• Rectification of defective installations.
• Work outside normal working hours.
• Repeat visits resulting from lack of access or unavailable utilities.

If a fault cannot reasonably be diagnosed or repaired during the initial visit, we may provide a quotation for further investigation, parts or remedial work.

The customer must provide safe access to all relevant equipment and disclose known faults and previous alterations.

28. Intellectual Property

All intellectual property rights in Luxpool’s designs, drawings, calculations, specifications, photographs, reports, technical details, website content and other materials remain owned by Luxpool or its licensors unless expressly transferred in writing.

Once all applicable fees have been paid, the customer may use project-specific documents solely for the project and purpose for which they were prepared.

The customer must not, without written permission:

• Copy or reuse a design for another project.
• Provide our documents to another contractor to reproduce our design outside the original project.
• Remove Luxpool’s name, copyright notice or branding.
• Publish confidential technical or commercial information.

Luxpool may retain general knowledge, methods, details and experience developed during a project.

29. Photographs and Publicity

Luxpool may take photographs and videos to record Site conditions, progress, installation details, defects, commissioning and completed work.

We will obtain appropriate permission before using images of an identifiable private property for promotional purposes.

Unless otherwise agreed, project photographs used for marketing will avoid publishing the customer’s name, precise address or other personal information.

The customer may withdraw permission for future promotional use by contacting us, but this may not require withdrawal of material already lawfully printed, published or distributed.

30. Confidentiality and Personal Information

Each party must keep confidential information received from the other party secure and must not disclose it except:

• To employees, subcontractors, consultants and professional advisers who need it for the Contract.
• Where required by law, regulation, court order or a competent authority.
• Where the information is already lawfully public.
• With the other party’s permission.

Luxpool processes personal information in accordance with its Privacy Policy, available on the Luxpool website.

31. Liability to Consumers

Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability for:

• Death or personal injury caused by negligence.
• Fraud or fraudulent misrepresentation.
• Breach of statutory rights relating to Goods or Services.
• Any other liability that cannot lawfully be excluded.

Luxpool is responsible for loss or damage suffered by a Consumer that is a foreseeable result of our breach of Contract or failure to use reasonable care and skill.

Luxpool is not responsible for loss that was not reasonably foreseeable or for business losses suffered by a Consumer.

32. Liability to Business Clients

Nothing in these Terms limits or excludes liability for:

• Death or personal injury caused by negligence.
• Fraud or fraudulent misrepresentation.
• Any liability that cannot lawfully be limited or excluded.

Subject to the above, Luxpool will not be liable to a Business Client for:

• Loss of profit.
• Loss of revenue.
• Loss of business or opportunity.
• Loss of anticipated savings.
• Loss of goodwill.
• Loss or corruption of data.
• Business interruption.
• Indirect or consequential loss.

Subject to any different limit expressly stated in a formal Contract, Luxpool’s total liability to a Business Client arising from a particular Contract will not exceed the total amount paid or properly payable to Luxpool under that Contract.

This limitation does not reduce any liability to the extent it is covered and recoverable under an applicable insurance policy where a different contractual liability limit has been expressly agreed.

33. Indemnity for Customer-Supplied Designs and Materials

A Business Client will be responsible for claims, loss or damage arising from:

• Designs, specifications or instructions supplied by the Business Client.
• Materials or equipment supplied by the Business Client.
• Infringement of third-party intellectual property caused by following the Business Client’s instructions.
• Unsafe or unlawful conditions under the Business Client’s control.

This does not apply to the extent that the claim, loss or damage was caused by Luxpool’s negligence or breach of Contract.

34. Events Outside Our Reasonable Control

Neither party will be liable for failing to perform an obligation, other than an obligation to pay an amount already due, where performance is prevented by an event outside that party’s reasonable control.

The affected party must notify the other party and take reasonable steps to reduce the effect of the event.

If the event continues for a prolonged period and substantially prevents performance, either party may terminate the unperformed part of the Contract by written notice. The customer must pay for work properly completed and Goods reasonably ordered or committed before termination.

35. Termination by Luxpool

Luxpool may terminate the Contract by written notice if the customer:

• Fails to pay an amount properly due and does not remedy the failure following notice.
• Commits a serious or repeated breach of Contract.
• Prevents the work from proceeding for an unreasonable period.
• Fails to provide safe or lawful Site conditions.
• Becomes insolvent or is subject to a relevant insolvency process, except where termination would be prohibited by law.
• Acts abusively or threateningly towards our personnel.

On termination, the customer must pay for:

• Work performed up to the termination date.
• Goods and materials ordered or supplied.
• Properly incurred supplier and subcontractor commitments.
• Reasonable demobilisation, storage and protection costs.
• Other amounts properly due under the Contract.

Any rights that accrued before termination will continue.

36. Complaints

If you are dissatisfied with Goods or Services, please contact us promptly:

Email: info@luxpool.co.uk
Telephone: 0333 772 2887
Address: First Floor, 378 Stratford Road, Shirley, Solihull, B90 4AQ, United Kingdom

Please provide:

• Your name and project address.
• The relevant quotation, order or invoice number.
• A clear description of the issue.
• Supporting photographs or documents where appropriate.
• The outcome you are seeking.

We will investigate the matter and respond within a reasonable period.

37. Dispute Resolution

The parties should first attempt to resolve any dispute through good-faith discussions.

Nothing in these Terms prevents either party from using any statutory right to adjudication that applies to a construction contract.

A Consumer may bring court proceedings in the part of the United Kingdom where they live where applicable law permits.

For Business Clients, unless a formal Contract states otherwise, the courts of England and Wales will have exclusive jurisdiction.

38. Notices

Contractual notices must be in writing and delivered by hand, prepaid post or email to the address stated in the quotation, Contract or most recent written notification.

An ordinary project communication, instruction or approval may be issued by email.

Notices relating to termination, legal proceedings or another formal contractual remedy should be clearly identified as a formal notice.

39. Assignment and Subcontracting

Luxpool may appoint suitably qualified subcontractors and suppliers to perform parts of the Services while remaining responsible for the work within our contractual scope.

A Consumer may only transfer the Contract with Luxpool’s written agreement, which will not be unreasonably withheld.

A Business Client may not assign or transfer the Contract without Luxpool’s prior written consent.

40. Third-Party Rights

Unless expressly stated otherwise, a person who is not a party to the Contract has no right to enforce it under the Contracts (Rights of Third Parties) Act 1999.

41. Waiver

A failure or delay by either party to enforce a contractual right does not waive that right.

A waiver is effective only for the specific circumstances for which it is given.

42. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, it will be treated as modified to the minimum extent necessary.

If it cannot be modified, it will be removed without affecting the remaining provisions.

43. Entire Agreement

For Business Clients, the Contract constitutes the entire agreement between the parties relating to its subject matter and replaces earlier discussions, correspondence and representations not expressly included in the Contract.

Nothing in this clause excludes liability for fraud or fraudulent misrepresentation.

This clause does not limit any legal protection available to a Consumer.

44. Governing Law

These Terms and the Contract are governed by the law of England and Wales.

If you are a Consumer living in Scotland or Northern Ireland, you may also benefit from mandatory protections under the law applicable where you live and may bring proceedings in your local courts where permitted.

45. Changes to These Website Terms

Luxpool may update these website Terms from time to time.

The Terms applying to a Contract will normally be the version provided or made available when that Contract was formed, unless a later amendment is agreed by both parties or is required by law.

46. Contact Details

For questions about these Terms and Conditions, please contact:

Luxpool Ltd
First Floor, 378 Stratford Road
Shirley, Solihull
B90 4AQ
United Kingdom

Email: info@luxpool.co.uk
Telephone: 0333 772 2887
Website: www.luxpool.co.uk