Terms of Service

1. Definitions

In these Terms, the following definitions apply unless the context requires otherwise: "Company", "we", "us", or "our" refers to Brix & Masons LLP (RC: 7015820). "Client" or "you" refers to any individual, business, or entity that accesses this website or engages the Company for procurement services. "Services" means the procurement, sourcing, vendor management, quality assurance, logistics coordination, bulk ordering, and nationwide delivery of building and construction materials, as described on this website. "Order" means any formal or informal request for materials or services submitted to the Company. "Partners" means approved suppliers, vendors, logistics providers, and other third parties with whom the Company has a contractual or commercial relationship. "Affiliates" means any entity that directly or indirectly controls, is controlled by, or is under common control with the Company. "Employees" means all directors, officers, staff, agents, and consultants of the Company.

2. Nature of Services

Brix & Masons LLP is a procurement intermediary. We source, coordinate, and facilitate the supply of building and construction materials on behalf of clients. We do not manufacture any materials and are not the primary producer of any goods supplied.

All Services are subject to availability, supplier capacity, and prevailing market conditions. The Company reserves the right to decline any Order at its sole discretion, without obligation to provide reasons.

Descriptions of materials and services on this website are provided for general information purposes only. Specifications, quantities, pricing, and delivery timelines are confirmed only upon issuance of a formal quotation or order confirmation by the Company.

3. Orders, Quotations & Acceptance

Submission of an order request form or enquiry on this website does not constitute a binding contract. A contract for the supply of materials or services is formed only when the Company issues a written order confirmation or signed agreement, and the Client provides the required deposit or advance payment as specified therein.

All quotations issued by the Company are valid for the period stated therein, or if no period is stated, for fourteen (14) calendar days from the date of issue. Quotations are subject to change without notice prior to acceptance.

The Client is responsible for ensuring that all information provided in an order request — including specifications, quantities, delivery addresses, and contact details — is accurate and complete. The Company accepts no liability for errors, delays, or losses arising from incorrect or incomplete information supplied by the Client.

4. Pricing & Payment

All prices quoted are in Nigerian Naira (NGN) unless otherwise stated and are exclusive of applicable taxes, levies, and delivery charges, which will be itemised separately in the quotation.

Payment terms are as specified in the order confirmation. Unless otherwise agreed in writing, the Company requires a minimum deposit of fifty percent (50%) of the total order value prior to procurement, with the balance payable prior to or upon delivery.

The Company reserves the right to adjust prices to reflect changes in supplier costs, foreign exchange rates, fuel prices, or government levies occurring after a quotation is issued but before an order is confirmed. The Client will be notified of any such adjustment and may withdraw the order without penalty within forty-eight (48) hours of notification.

All payments must be made to the Company's designated bank account. The Company accepts no responsibility for payments made to any other account. Clients are advised to verify bank details directly with the Company before making any transfer.

5. Delivery & Risk

Delivery timelines provided by the Company are estimates only and are not guaranteed. The Company will use reasonable endeavours to meet stated timelines but accepts no liability for delays caused by supplier lead times, logistics disruptions, weather, government action, force majeure events, or any other circumstances beyond the Company's reasonable control.

Risk in the materials passes to the Client upon delivery to the agreed delivery address or upon collection by the Client or its appointed agent, whichever occurs first. Title to the materials passes to the Client only upon receipt of full payment.

The Client is responsible for ensuring that the delivery site is accessible, safe, and adequately prepared to receive materials. Additional costs arising from failed delivery attempts, site inaccessibility, or the need for re-delivery will be borne by the Client.

6. Quality, Inspection & Complaints

The Company endeavours to source materials that meet the specifications agreed with the Client. All materials are subject to the Company's standard quality assurance process prior to dispatch.

The Client must inspect all materials upon delivery and notify the Company in writing of any defects, shortages, or non-conformities within forty-eight (48) hours of delivery. Failure to notify within this period shall constitute acceptance of the materials as delivered.

Where a valid complaint is established, the Company's liability is limited to replacement of the defective or non-conforming materials or, at the Company's election, a credit note or partial refund. The Company shall not be liable for any consequential loss arising from defective materials.

7. Cancellations & Returns

Orders may be cancelled by the Client prior to procurement commencement, subject to a cancellation fee of ten percent (10%) of the order value to cover administrative and processing costs. Once procurement has commenced, orders cannot be cancelled without the Company's written consent, and the Client remains liable for all costs incurred.

Returns of materials are accepted only where the materials are defective, non-conforming, or incorrectly supplied by the Company. Returns must be authorised in writing by the Company prior to return. Materials returned without authorisation will not be accepted and will be returned to the Client at the Client's cost.

Custom orders, cut-to-size materials, and special-import items are non-returnable and non-refundable unless defective.

8. Limitation of Liability

To the fullest extent permitted by Nigerian law, the Company, its directors, employees, agents, Partners, and Affiliates shall not be liable for: (a) any indirect, consequential, special, or punitive loss or damage; (b) loss of profit, revenue, business, contracts, or anticipated savings; (c) loss arising from the Client's misuse of materials or failure to follow manufacturer or supplier guidelines; (d) loss arising from third-party supplier failures, logistics disruptions, or force majeure events; or (e) any loss arising from the Client's reliance on information on this website without independent verification.

The Company's total aggregate liability to the Client in connection with any Order or series of related Orders shall not exceed the total value paid by the Client to the Company in respect of that Order.

Nothing in these Terms excludes or limits liability for fraud, death or personal injury caused by negligence, or any other liability that cannot be excluded by law.

9. Protection of Partners, Employees & Affiliates

The Company's Partners, Employees, and Affiliates are not parties to any contract between the Company and the Client. No claim, action, or proceeding may be brought against any Partner, Employee, or Affiliate of the Company in connection with the Services, except where such claim arises from the personal fraud or wilful misconduct of that individual.

Clients must not attempt to circumvent the Company by engaging directly with the Company's Partners or suppliers identified through the Company's procurement process. Any such direct engagement constitutes a material breach of these Terms and may result in the Client being liable for damages, including loss of commission and business relationships.

Employees and agents of the Company act within the scope of their authority as defined by the Company. The Company is not bound by representations, promises, or commitments made by Employees or agents outside the scope of their authority or not confirmed in writing by an authorised officer of the Company.

10. Confidentiality

Each party agrees to keep confidential all non-public information received from the other party in connection with the Services, including pricing, supplier identities, procurement strategies, and business processes. This obligation survives termination of any agreement between the parties for a period of three (3) years.

The Client must not disclose the Company's supplier or vendor information to any third party without the Company's prior written consent. Breach of this obligation entitles the Company to seek injunctive relief and damages.

11. Intellectual Property

All content on this website — including text, graphics, logos, images, and data — is the property of Brix & Masons LLP or its licensors and is protected by applicable Nigerian and international intellectual property laws. You may not reproduce, distribute, or use any content from this website without the Company's prior written consent.

The Company's name, logo, and trading style are proprietary marks. Nothing on this website grants any licence to use them.

12. Website Use & Acceptable Conduct

You agree to use this website only for lawful purposes and in a manner that does not infringe the rights of others. You must not: (a) submit false, misleading, or fraudulent information; (b) attempt to gain unauthorised access to any part of the website or its systems; (c) use the website to transmit malicious code, spam, or unsolicited communications; or (d) use automated tools to scrape, crawl, or extract data from the website without the Company's written consent.

The Company reserves the right to suspend or terminate access to the website for any user who breaches these Terms, without notice and without liability.

13. Force Majeure

The Company shall not be in breach of these Terms or liable for any delay or failure to perform its obligations where such delay or failure results from circumstances beyond its reasonable control, including but not limited to acts of God, fire, flood, earthquake, epidemic, pandemic, war, civil unrest, government action, port closures, fuel shortages, industrial action, or failure of third-party suppliers or logistics providers.

In such circumstances, the Company will notify the Client as soon as reasonably practicable and will use reasonable endeavours to resume performance. If the force majeure event continues for more than sixty (60) days, either party may terminate the affected Order by written notice without further liability, save that the Client shall be entitled to a refund of any advance payment made for undelivered materials, less costs already incurred.

14. Dispute Resolution

In the event of any dispute arising out of or in connection with these Terms or the Services, the parties shall first attempt to resolve the dispute amicably through good-faith negotiation within thirty (30) days of written notice of the dispute.

If the dispute is not resolved through negotiation, either party may refer the matter to mediation administered by the Lagos Multi-Door Courthouse or such other mediation body as the parties may agree. The costs of mediation shall be shared equally unless otherwise ordered.

If mediation fails, the dispute shall be finally resolved by arbitration in Lagos, Nigeria, in accordance with the Arbitration and Mediation Act 2023, before a sole arbitrator agreed by the parties or, failing agreement, appointed by the Lagos Court of Arbitration. The language of arbitration shall be English.

15. Governing Law

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. Subject to the dispute resolution clause above, the parties submit to the non-exclusive jurisdiction of the courts of Lagos State, Nigeria.

16. Amendments

The Company reserves the right to amend these Terms at any time. Amended Terms will be published on this page with an updated effective date. Your continued use of this website or the Services after publication of amended Terms constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

17. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be severed from the remaining Terms, which shall continue in full force and effect.

18. Entire Agreement

These Terms, together with any written order confirmation, quotation, or agreement issued by the Company, constitute the entire agreement between the parties in relation to the subject matter hereof and supersede all prior representations, negotiations, and understandings, whether oral or written.

19. Contact

For any questions regarding these Terms, please contact:

Brix & Masons LLP Lagos, Nigeria Email: [email protected] RC: 7015820