CUSTOMER & TRADE
TERMS AND CONDITIONS
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Products • Contracting Services • Consultancy
HOW TO USE THESE TERMS
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These Terms apply together with the relevant estimate, quotation, order confirmation, scope of works, invoice, delivery note or other written agreement. Clauses marked “Consumers” apply only where the Customer is acting wholly or mainly outside a trade, business, craft or profession. Clauses marked “Trade Customers” apply only to business customers.
– 1. Company details and contact information
– 2. Definitions and interpretation
– 3. Formation of the Contract and order acceptance
– 4. Prices, VAT, estimates and quotations
– 5. Scope, surveys, specifications and heritage conditions
– 6. Deposits, stage payments and payment terms
– 7. Changes, variations and additional work
– 8. Programme, access, welfare and Customer responsibilities
– 9. Materials, workmanship, samples and appearance
– 10. Delivery, collection, risk and title to Goods
– 11. Consumer cancellation rights
– 12. Returns, shortages, damage and faulty Goods
– 13. Consultancy, inspections and advice
– 14. Completion, snagging and acceptance
– 15. Guarantees, durability and maintenance
– 16. Delays, suspension and termination
– 17. Liability and insurance
– 18. Intellectual property, photographs and records
– 19. Complaints and dispute resolution
– 20. Data protection and communications
– 21. General legal provisions
PART A — GENERAL TERMS
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1. COMPANY DETAILS AND CONTACT INFORMATION
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1.1 Cheshire Lime Ltd is a private limited company registered in England and Wales under company number 14395488.
1.2 Registered office and trading address: Unit 4, Deeside Lane, Sealand, Chester, CH1 6DD.
1.3 VAT registration number: 458 4380 65.
1.4 Telephone: 01244 722 487. Website: www.cheshire-lime.co.uk.
1.5 Product and materials enquiries: sales@cheshire-lime.co.uk. Contracting, consultancy and general enquiries: enquiries@cheshire-lime.co.uk.
1.6 References to “we”, “us”, “our” or “the Company” mean Cheshire Lime Ltd. References to “you” or “the Customer” mean the person or organisation purchasing Goods or Services from us.
2. DEFINITIONS AND INTERPRETATION
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Defined term: Meaning
Agreement: the Contract, these Terms and every document incorporated into it.
Business Day: a day other than Saturday, Sunday or a public holiday in England and Wales.
Consumer: an individual acting wholly or mainly outside their trade, business, craft or profession.
Contract: the legally binding agreement between the Customer and the Company.
Custom Goods: Goods made, mixed, coloured, matched, cut, adapted, ordered or otherwise produced to the Customer’s specification, including custom mortars and plasters.
Estimate: our good-faith assessment of likely price based on information reasonably available when prepared; it is not a fixed price unless expressly stated.
Fixed Price Quotation: a written quotation expressly identified as fixed price, subject to its assumptions, exclusions and the variation provisions in these Terms.
Goods: products, materials and associated items supplied by us.
Heritage Property: a traditional, historic, listed, old or otherwise sensitive building, structure or fabric.
Practical Completion: the stage at which the agreed Services are substantially complete and usable for their intended purpose, despite minor defects or outstanding items that do not prevent such use.
Services: contracting, installation, repair, consultancy, inspection, training or other services supplied by us.
Site: the property or location where Services are carried out or Goods delivered.
Scope of Works: the written description of Services and inclusions agreed between the parties.
Trade Customer: a Customer acting in the course of business, trade, craft or profession.
Variation: a change to the Scope of Works, sequence, materials, method, quantity, programme or price.
2.2 Headings are for convenience only. Singular includes plural and vice versa. “Including” means including without limitation.
2.3 Where documents conflict, the following order of priority applies unless expressly agreed otherwise: (a) a signed Variation; (b) the accepted estimate, quotation or order confirmation; (c) the Scope of Works or product specification; (d) these Terms; and (e) other correspondence.
3. FORMATION OF THE CONTRACT AND ORDER ACCEPTANCE
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3.1 An enquiry, estimate, quotation, website listing or catalogue description is an invitation to place an order and is not, by itself, our acceptance.
3.2 A Contract is formed when we issue written acceptance, accept payment, commence Services at your request, dispatch Goods, or otherwise clearly confirm that we accept your order.
3.3 We may decline an order before acceptance, including where Goods are unavailable, Site conditions are unsuitable, information is incomplete, payment or credit checks are unsatisfactory, or the requested work conflicts with conservation principles, safety or law.
3.4 The person accepting on behalf of a company, partnership, trust or other organisation warrants that they have authority to bind that organisation.
3.5 No oral statement changes the Contract unless confirmed in writing by an authorised representative of the Company.
4. PRICES, VAT, ESTIMATES AND QUOTATIONS
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4.1 Prices are exclusive of VAT unless expressly stated otherwise. VAT is charged at the rate legally applicable at the tax point.
4.2 Unless expressly identified as a Fixed Price Quotation, all prices for Services are Estimates only.
4.3 Estimates are based on visible conditions, information supplied by the Customer, reasonable assumptions, access available at the time, and prevailing labour, material, haulage, fuel, disposal and hire costs.
4.4 An Estimate may be revised where actual quantities differ; concealed conditions or defects are found; the Customer changes requirements; access is restricted; programme or sequence changes; suppliers revise costs; statutory requirements arise; or other circumstances outside our reasonable control affect cost.
4.5 A Fixed Price Quotation remains subject to its assumptions and exclusions and may be adjusted for Variations, concealed conditions, inaccurate Customer information, delays attributable to the Customer, changes in law or tax, and events outside our reasonable control.
4.6 Unless stated otherwise, an Estimate or quotation is open for acceptance for 30 days. We may withdraw or revise it before acceptance.
4.7 Measurements and quantities stated in an Estimate may be provisional. Final charging may be based on actual area, depth, volume, labour, materials, plant, access or other measurable quantities where the Estimate says so.
4.8 Website prices may change without notice before a Contract is formed. Obvious pricing or description errors do not bind us; we will offer the correct terms or cancel and refund.
5. SCOPE, SURVEYS, SPECIFICATIONS AND HERITAGE CONDITIONS
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5.1 Only work expressly included in the Scope of Works is included in the price.
5.2 Unless expressly included, the following are excluded: professional surveys; structural engineering; architectural design; planning or listed-building applications; building-control fees; asbestos testing or removal; specialist utilities work; major structural repairs; decoration; making good by others; and hidden-defect remediation.
5.3 Inspections are normally visual and non-intrusive. We do not warrant that an inspection will identify every concealed defect, incompatible material, void, contamination, damp source, structural issue, service, infestation or historic alteration.
5.4 Traditional and historic buildings commonly conceal variable substrates, previous repairs and conditions that cannot reasonably be established before work starts. The Customer accepts that method, sequence, quantities, duration and price may need to change.
5.5 Our approach is pragmatic and proportionate. Recommendations are intended to protect historic fabric and performance while considering budget and practical constraints; they do not promise that every preferred conservation option will be affordable or achievable.
5.6 Where opening-up, removal or investigation is required, we may proceed in stages: removal, remediation and replacement. Findings at one stage may determine the work required at the next.
5.7 The Customer remains responsible for obtaining and complying with any planning permission, listed-building consent, landlord consent, party-wall agreement, building-control approval or other third-party consent unless the Scope expressly states that we will do so.
5.8 We may refuse to carry out work that we reasonably consider unsafe, unlawful, technically inappropriate or materially harmful to historic fabric.
6. DEPOSITS, STAGE PAYMENTS AND PAYMENT TERMS
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6.1 Goods and Custom Goods are payable in full before dispatch or collection unless we agree a credit account in writing.
6.2 For contracting Services, we may require a confirmation deposit sufficient to cover initial materials, plant, equipment hire, subcontractor commitments and/or a proportion of initial labour, whichever is greater.
6.3 A deposit reserves capacity and permits us to incur project costs. For Consumers, any amount retained following cancellation will be limited to what the law allows, including properly incurred costs and losses that cannot reasonably be avoided. Statutory cancellation rights are not excluded.
6.4 Stage payments are due immediately when the stated stage is reached. Final payment is due immediately on Practical Completion or as otherwise stated on the invoice.
6.5 An invoice must be disputed promptly and with reasonable detail. The undisputed part remains payable when due.
6.6 We may allocate payments against any overdue invoice or debt owed by the Customer.
6.7 Trade Customers: overdue sums carry statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998 at 8% above the Bank of England base rate, calculated daily, together with statutory fixed compensation and reasonable recovery costs. The first three calendar days after the due date may be treated as an administrative grace period without waiving the due date.
6.8 Consumers: if an undisputed amount remains unpaid, we may charge reasonable interest and recovery costs only where fair, transparent and lawful. We will normally give written notice before doing so.
6.9 The Customer may not withhold payment or set off any amount except where required by law or agreed in writing.
6.10 Where applicable, ownership of unused materials purchased specifically for a project does not pass merely because a deposit has been paid; title passes in accordance with clause 10.
7. CHANGES, VARIATIONS AND ADDITIONAL WORK
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7.1 No chargeable work outside the agreed Scope will normally be undertaken without Customer approval.
7.2 A Variation may arise from Customer instructions, concealed conditions, measurement differences, technical necessity, regulatory requirements, supplier availability, access constraints or revised sequencing.
7.3 We will use reasonable endeavours to explain the reason, likely cost and programme effect of a proposed Variation before carrying it out.
7.4 If immediate action is reasonably necessary to protect personal safety, prevent serious damage, or preserve structural integrity, we may carry out proportionate emergency work without prior approval. Such work is chargeable, and we will inform the Customer as soon as reasonably practicable.
7.5 Where a price cannot reasonably be agreed in advance, Variations will be charged at the rates in the Contract or, if none, at our then-current reasonable rates plus materials, plant, subcontractors, waste, delivery and VAT.
7.6 Instructions given orally on Site may be acted upon where urgent or operationally necessary and will be confirmed in writing where reasonably practicable.
7.7 The Company and Customer will cooperate and make timely decisions. Each party must promptly disclose matters likely to affect cost, scope, programme or quality. Neither party shall deliberately obstruct proper performance. Nothing in this clause waives legal rights.
8. PROGRAMME, ACCESS, WELFARE AND CUSTOMER RESPONSIBILITIES
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8.1 Start and completion dates are estimates unless expressly guaranteed in writing. Heritage work, weather-sensitive materials and specialist supply chains make exact dates difficult to promise.
8.2 The Customer must provide safe, lawful and uninterrupted access to the Site during agreed working hours, including access for vehicles, deliveries, scaffolding, skips, plant and waste removal where required.
8.3 The Customer must provide suitable water, electricity and reasonable welfare facilities, including access to a toilet. If adequate facilities are unavailable, we may provide a portaloo or other facility at additional cost.
8.4 The Customer must remove or protect furniture, vehicles, ornaments, plants and valuables unless protection is expressly included.
8.5 The Customer must identify known services, asbestos, hazardous materials, structural instability, access restrictions, neighbours’ rights and other material risks before work starts.
8.6 Children, pets, occupiers, visitors and other contractors must be kept away from work areas, materials, scaffolds, plant and waste.
8.7 The Customer must not interfere with unfinished work, curing materials, protection, ventilation, drying conditions or temporary works and must follow care instructions.
8.8 Additional attendance, abortive visits, waiting time, remobilisation, storage, protection or delay caused by the Customer or another contractor may be charged.
8.9 We may use employees, subcontractors and specialists. We remain responsible for Services we have contracted to supply, subject to these Terms.
9. MATERIALS, WORKMANSHIP, SAMPLES AND APPEARANCE
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9.1 We will use materials stated in the Contract or technically suitable alternatives where availability, compatibility or Site conditions reasonably require.
9.2 Natural lime, sand, aggregate, pigments, stone, timber and reclaimed materials vary in colour, texture, grading, moisture and appearance. Samples and photographs are indicative, not exact guarantees.
9.3 Mortar, plaster, render, limewash and other finishes may change as they cure, carbonate, dry, weather and age. Patch repairs may remain visually distinguishable.
9.4 Where a sample panel is approved, it establishes a reasonable benchmark but does not eliminate natural variation or the effect of different backgrounds, exposure and working conditions.
9.5 The Customer must not direct methods or materials contrary to manufacturer guidance, specification, law, safety or recognised current practice. If the Customer insists against our advice, we may decline, suspend or require a written limitation of responsibility.
9.6 Materials remaining on Site that have been paid for and are not required may be left with the Customer where safe and practical. Hazardous, contaminated, opened or unsuitable materials may be removed.
10. DELIVERY, COLLECTION, RISK AND TITLE TO GOODS
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10.1 Delivery dates and times are estimates unless expressly guaranteed. We may use pallet networks, parcel carriers, APC Overnight, specialist haulage or our own vehicles.
10.2 The Customer must ensure suitable access, unloading space and an authorised recipient. Kerbside delivery may apply. The driver is not obliged to move Goods across unsuitable ground or into a building.
10.3 Delivery may be made in instalments. Each instalment may be invoiced separately.
10.4 For Consumers, risk passes when the Consumer or a person identified by them takes physical possession, except where the Consumer independently appoints a carrier not offered by us.
10.5 For Trade Customers, risk passes on delivery to the agreed location or collection by the Customer or its carrier.
10.6 Title to Goods does not pass until we receive payment in full for those Goods and all other sums due. Until title passes, Trade Customers must keep Goods identifiable, properly stored, insured and separate where reasonably possible.
10.7 If a Trade Customer becomes insolvent or fails to pay, we may enter premises where Goods are reasonably believed to be stored to recover unpaid Goods, to the extent permitted by law.
10.8 If delivery or collection is delayed by the Customer, we may store Goods at the Customer’s risk and charge reasonable storage, handling and redelivery costs.
10.9 Pallets, stillages, bags, tubs or containers remain our property only where expressly stated as returnable.
PART B — CONSUMER AND PRODUCT-SALE TERMS
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11. CONSUMER CANCELLATION RIGHTS
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11.1 This clause applies to Consumers entering a distance contract (for example online, by telephone or email) or an off-premises contract, except where an exemption applies.
11.2 For Goods, the Consumer normally has 14 days after receiving the Goods to notify us of cancellation, followed by 14 days to return them.
11.3 For Services, the Consumer normally has 14 days from conclusion of the Contract to cancel.
11.4 The cancellation right does not apply to Custom Goods made to the Consumer’s specification or clearly personalised, including custom-matched or custom-manufactured mortars and plasters, once the statutory exemption applies.
11.5 If the Consumer asks us to begin Services during the cancellation period, the request must be express. If the Consumer then cancels, they must pay a proportionate amount for Services supplied before cancellation. The right to cancel is lost once Services have been fully performed where the Consumer gave the required express consent and acknowledgement.
11.6 To cancel, the Consumer must make a clear statement by email, post or another durable method. The model form in Schedule 1 may be used but is not compulsory.
11.7 Unless the Goods are faulty or we agree otherwise, the Consumer bears the direct cost of returning cancelled Goods. Goods must be kept reasonably safe. We may reduce a refund for handling beyond what is necessary to establish their nature, characteristics and functioning.
11.8 We will make refunds within the time required by law, using the original payment method unless agreed otherwise. Basic outbound delivery cost is refunded where legally required; premium delivery upgrades are not.
11.9 Nothing in these Terms restricts statutory rights relating to faulty, misdescribed or unsafe Goods or Services.
12. RETURNS, SHORTAGES, DAMAGE AND FAULTY GOODS
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12.1 Customers should inspect Goods promptly on delivery and notify visible damage, shortage or incorrect items within 24 hours, with photographs and delivery documentation where possible. This assists investigation but does not remove statutory Consumer rights.
12.2 Do not use, mix, open or install visibly damaged or incorrect Goods unless we authorise it.
12.3 Consumers have the legal remedies provided by the Consumer Rights Act 2015 where Goods are not of satisfactory quality, fit for purpose or as described.
12.4 Trade Customers must notify us of visible shortage or damage within 24 hours and latent defects within a reasonable time after discovery. Subject to law, failure to give timely evidence may prejudice a claim.
12.5 Bagged lime and other moisture-sensitive Goods are not accepted for discretionary return after collection, delivery, opening, exposure, handling or storage where their condition and resale safety cannot be verified. This does not override Consumer cancellation rights or rights concerning faulty Goods.
12.6 Custom Goods are non-returnable and non-refundable unless faulty or otherwise required by law.
12.7 Any discretionary return outside statutory rights requires prior written approval, must be unused and saleable, and may be subject to return carriage and a 20% restocking charge. The restocking charge does not apply where prohibited by law or where Goods are faulty.
12.8 Where Goods are faulty, we may inspect, test or require reasonable evidence. Remedies may include repair, replacement, price reduction or refund as required by law.
12.9 Colour, texture and aggregate variation within reasonable natural or manufacturing tolerances is not necessarily a defect.
PART C — SERVICES, CONSULTANCY AND COMPLETION
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13. CONSULTANCY, INSPECTIONS AND ADVICE
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13.1 Consultancy is charged at the agreed hourly rate, including agreed travel time, with a minimum half-day booking of four hours unless otherwise stated.
13.2 The booking deposit is a firm commitment and may be applied against the charge. Consumer cancellation rights and the fair-deposit provisions in clause 6.3 continue to apply.
13.3 Unless expressly included, a consultation does not include destructive investigation, laboratory analysis, structural calculations, architectural design, legal opinion, valuation, building survey, planning advice or a formal expert report.
13.4 Verbal or written opinions are based on conditions and information reasonably available at the time and on our practical and professional experience.
13.5 No written report or summary is provided unless agreed and charged. A document described as a summary, note or recommendation is not a statutory survey or expert-witness report unless expressly commissioned as such.
13.6 Advice is for the named Customer and Site and may not be relied upon by third parties or for different circumstances without written consent.
13.7 The Customer must disclose relevant history, plans, previous reports, known defects, alterations and proposed use. We are not responsible for consequences of incomplete or inaccurate information.
14. COMPLETION, SNAGGING AND ACCEPTANCE
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14.1 We will notify the Customer when Practical Completion is reached.
14.2 Minor defects, natural drying or curing, colour development, or items not preventing normal use do not postpone Practical Completion or payment.
14.3 The Customer should identify genuine snagging items promptly and permit reasonable access for inspection and rectification.
14.4 Use, occupation, covering over, alteration by others, refusal of access or failure to notify may limit our ability to investigate or rectify.
14.5 Where work is completed in stages, each stage may be treated as complete and separately payable.
14.6 A completion certificate or signed acceptance records status but is not the sole means by which completion may occur.
15. GUARANTEES, DURABILITY AND MAINTENANCE
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15.1 We guarantee that materials supplied by us will be of the quality described, subject to natural variation, and that Services will be carried out with reasonable care and skill.
15.2 We will apply materials in accordance with manufacturer guidance, agreed specification or recognised current industry practice where no specific guidance exists.
15.3 We do not guarantee a particular service life or that damp, cracking, salt, movement, weathering, staining, biological growth or other symptoms will never recur. Performance depends on the whole building, exposure, substrate, moisture sources, movement, maintenance, later work and conditions outside our control.
15.4 Any stated guarantee is subject to full payment, reasonable maintenance, compliance with care instructions, no unauthorised alteration, and prompt notification of concerns.
15.5 A guarantee does not cover normal ageing, natural variation, hairline shrinkage, structural movement, defective adjacent work, water ingress from unrelated causes, extreme weather, misuse, contamination, pests, vegetation or work by others.
15.6 Nothing in this clause restricts mandatory statutory rights.
15.7 Lime mortars, renders, plasters, limewashes and related traditional finishes are relatively soft, porous and vapour-permeable. They absorb and release moisture and may remain vulnerable while curing and carbonating, which can take many months and, in some conditions, up to approximately one year.
15.8 We will take reasonable precautions appropriate to the work, season and Site, including using materials of suitable quality, preparing the substrate, following manufacturer instructions or recognised current industry practice, and providing reasonable early-stage protection where this forms part of the agreed work.
15.9 The Customer acknowledges that weather remains outside our control. Moisture within a lime material may freeze and expand, causing spalling, surface disruption, colour change or other deterioration. Such effects can occur during carbonation or later, particularly after early or late frost, prolonged saturation, wind-driven rain, inadequate shelter, exceptional weather or Site-specific exposure.
15.10 Material selection for historic and listed buildings involves compatibility rather than maximum hardness or weather resistance. A mortar or finish may need to remain softer and more permeable than adjacent brick, stone or timber so that moisture and movement are accommodated by the sacrificial material rather than transferred into vulnerable historic fabric. The Customer accepts that this necessary balance may make the selected material more susceptible to weathering or frost than a harder modern cement-rich or chemically modified alternative.
15.11 Unless expressly agreed and technically appropriate, we do not add cement, antifreeze admixtures, frost-proofers or other additives merely to accelerate curing or increase short-term frost resistance where doing so may reduce vapour permeability, alter appearance, impair compatibility or conflict with conservation requirements.
15.12 Once the relevant work has reached Practical Completion, reasonable initial protection has been removed, and the Customer has been given any applicable care instructions, we are not responsible for subsequent weather-related damage that was not caused or materially contributed to by our failure to exercise reasonable care and skill. This includes damage arising from frost, prolonged wetting, exceptional exposure or other adverse conditions outside our reasonable control.
15.13 Lime materials can draw moisture and soluble salts, pigments, residues or other impurities through the substrate and allow them to evaporate at the surface. Temporary or persistent staining, bloom, tide marks, efflorescence or colour variation may therefore occur. Where this results from normal moisture movement rather than defective materials or workmanship, it is not of itself a failure of the material or its application.
15.14 Persistently damp or shaded areas may develop green discolouration, algae, lichen, mould or other organic growth notwithstanding lime’s alkalinity. Such growth can be influenced by exposure, vegetation, drainage, detailing, ventilation and maintenance and may require periodic cleaning or treatment.
15.15 We do not recommend a universal cleaning chemical or method because inappropriate products, pressure washing, abrasion or acids can damage lime and historic fabric. The Customer should seek project-specific advice before cleaning and test any proposed treatment discreetly.
15.16 The Customer must maintain rainwater goods, roofs, flashings, copings, drainage, ground levels, ventilation and adjacent building elements and must take reasonable steps to prevent prolonged saturation, leaking, splashback and vegetation contact. Failure to maintain the building or follow care advice may invalidate any express guarantee to the extent that it causes or contributes to damage.
15.17 No clause in this section excludes liability for defective materials supplied by us, a failure to follow the agreed specification, or Services not performed with reasonable care and skill. Statutory Consumer rights remain unaffected.
16. DELAYS, SUSPENSION AND TERMINATION
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16.1 We are not responsible for delay caused by weather, frost, excessive heat, drying or curing requirements, supplier or carrier failure, labour shortage, illness, utilities, discovery of defects, access restrictions, third parties, statutory action or other events outside reasonable control.
16.2 We may adjust sequence, staffing and dates where reasonably necessary.
16.3 We may suspend Services or delivery if payment is overdue, access is unsafe, instructions are withheld, required consents are absent, the Customer interferes with work, or continuation would be unlawful or technically unsound.
16.4 Where suspension is caused by the Customer, the Customer must pay for completed work, committed materials and costs, demobilisation, protection, storage and remobilisation.
16.5 Either party may terminate for a serious breach not remedied within a reasonable period after written notice, or immediately for insolvency where legally permitted.
16.6 The Customer may cancel Services before completion, but must pay for work performed, Goods supplied or committed, unavoidable cancellation costs, loss directly caused by cancellation and reasonable demobilisation, subject always to Consumer law and our duty to mitigate loss.
16.7 On termination, clauses intended to survive—including payment, title, liability, intellectual property, data and dispute provisions—continue.
17. LIABILITY AND INSURANCE
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17.1 Nothing excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, defective products where liability cannot lawfully be excluded, or any other liability that cannot legally be limited.
17.2 Consumers retain all rights and remedies that cannot lawfully be excluded or restricted.
17.3 Subject to clauses 17.1 and 17.2, we are not liable for loss caused by inaccurate information, hidden conditions, pre-existing defects, unauthorised interference, failure to follow advice, acts of other contractors, inadequate maintenance, or weather and other circumstances outside our reasonable control, except to the extent that the loss was caused or materially contributed to by our breach of Contract, negligence, defective materials supplied by us, or failure to exercise reasonable care and skill.
17.4 Trade Customers: we are not liable for loss of profit, revenue, business, contracts, goodwill, anticipated savings or indirect or consequential loss.
17.5 Trade Customers: our total aggregate liability arising from a Contract is limited to 125% of the total net price paid or payable under that Contract, except where a higher limit is required by law or applies under an expressly stated insurance arrangement.
17.6 The Customer must take reasonable steps to avoid and reduce loss and notify us promptly of any matter that may give rise to a claim.
17.7 We maintain insurance appropriate to our activities. Evidence may be provided on reasonable request.
18. INTELLECTUAL PROPERTY, PHOTOGRAPHS AND RECORDS
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18.1 Copyright and other intellectual-property rights in our specifications, methods, documents, templates, reports, photographs, training materials, mixes and know-how remain ours unless expressly assigned in writing.
18.2 The Customer receives a non-exclusive licence to use documents supplied for the Site and purpose for which they were prepared, once all sums are paid.
18.3 The Customer must not reproduce, publish, sell, train others from, or use our proprietary information for another project or commercial purpose without permission.
18.4 We may keep project records, measurements, photographs and samples for quality, insurance, training, evidence and legal compliance.
18.5 We will not use identifiable private-property images for public marketing where the Customer has expressly opted out or where consent is legally required and not obtained. We may anonymise or crop images.
18.6 Employees and subcontractors have no permission to use Cheshire Lime project photographs for their own marketing or promotion.
19. COMPLAINTS AND DISPUTE RESOLUTION
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19.1 Concerns should first be raised promptly with Cheshire Lime Ltd using the contact details in clause 1, with the Contract reference, description and supporting evidence.
19.2 We will acknowledge a formal complaint and seek a practical resolution, including inspection where appropriate.
19.3 The Customer must give us a reasonable opportunity to inspect and, where appropriate, rectify before arranging third-party remedial work, except in a genuine emergency.
19.4 The parties should attempt good-faith negotiation. They may agree mediation or another suitable alternative dispute-resolution process.
19.5 Nothing prevents a Consumer from using mandatory statutory remedies or bringing proceedings in the courts available to them.
20. DATA PROTECTION AND COMMUNICATIONS
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20.1 We process personal data in accordance with our Privacy Policy and applicable data-protection law.
20.2 We may communicate by email, telephone, SMS, WhatsApp, customer portal, social media or post where appropriate. The Customer is responsible for keeping contact details current.
20.3 Formal notices concerning breach or termination should be sent by email and, where important, also by recorded post or another durable method.
20.4 Electronic acceptance, typed names, digital signatures and instructions from an authorised email address may be relied upon as evidence of agreement.
21. GENERAL LEGAL PROVISIONS
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21.1 We may update these Terms for future Contracts. The version incorporated into an existing Contract remains applicable unless the parties agree otherwise or a change is required by law.
21.2 We may transfer or subcontract our rights and obligations where this does not reduce a Consumer’s legal protections. The Customer may not transfer the Contract without our written consent, except where the law provides otherwise.
21.3 No third party has a right to enforce the Contract under the Contracts (Rights of Third Parties) Act 1999 unless expressly stated.
21.4 If any provision is unlawful or unenforceable, it is severed or reduced to the minimum extent necessary; the remainder continues.
21.5 Failure or delay in enforcing a right is not a waiver.
21.6 The Contract constitutes the entire agreement, but nothing excludes liability for fraud or prevents a Consumer relying on information that by law forms part of the Contract.
21.7 The Contract is governed by the law of England and Wales.
21.8 Trade Customers submit to the exclusive jurisdiction of the courts of England and Wales. Consumers may bring proceedings in the courts available under applicable consumer law.