Terms & Conditions

  1. Definitions: The Customer: as stated in Schedule A attached hereto The Company: as stated in Schedule A attached hereto The Property: as stated in Schedule A attached hereto The Contract Sum: is the sum stated in the Estimate as adjusted for any additional costs or savings arising from Confirmed Instructions The Estimate: is the price quoted by the Company for carrying out the works described Confirmed Instructions: are instructions which alter (this may be by addition or omission) the works listed in the Estimate and or the price quoted for the works. Confirmed Instructions must be discussed and agreed by the Parties in writing before being implemented Due Dates: are the dates by when payments due under the Contact must be paid Duly Authorised Representative: A person authorised by the Board of the Company to agree contracts and financial changes and sign the guarantee on behalf of the Company
  1. The Parties to the Contract are the Company and the Customer.
  1. The Company will carry out the works described in the Estimate. The Customer will pay the sum(s) described in the Estimate on the due dates described in the Estimate
  1. In so far as it is able the Company will carry out the works to good standards and current practice.
  1. The Company cannot accept responsibility for hazardous materials (e.g. Asbestos / Lead / etc,.) if it has not been made aware of the presence of such hazardous materials prior to preparation of the Estimate
  1. Unless specified in the Estimate time for delivery or completion is not “of the essence”. The Company shall use its reasonable endeavours to carry out and complete the works in a regular and orderly manner. The Company does not commit itself to completion by any particular or specific date.
  1. At all times the Parties to the Contract must behave in a spirit of mutual trust and co-operation.
  1. This Contract does not confer any Third Part Rights to any other person or body corporate (except as provided for in the transferability of the Guarantee)
  1. All the terms of the contract between the Customer and the Company are contained in this document. No representation or warranty is made or given by the Company save as appears herein.
  1. By ordering the works the Customer will be deemed to have understood these terms and conditions and have been in receipt of a copy of the same.
  1. By ordering the works the customer confirms that he/she understands that he/she will enter into a binding contract and be liable to pay the full contract value ( the “Contract Sum”) which is not subject to cancellation by the customer except where other overriding legal rights exist (for example, The Consumer Credit Act 1974 and the like – if applicable) or with the express written agreement of the Company (in which case a “cancellation charge” of a sum not less than the deposit will be payable by the Customer – in effect making any and all deposits “non-returnable”). In the event that the customer fails too pay a due sum by the due date the Company may at its sole discretion withdraw from the site and discontinue works – any such withdrawal or discontinuation shall not vitiate the contract.
  1. The Company reserves the right to cancel any order and or terminate the contract at any time subject to written confirmation and refund of all monies paid
  1. The Customer shall grant the Company’s workmen access to the premises at reasonable times for the purpose of taking measurements and or carrying out the works and or repairs.
  1. In the case of “new” works: the Company hereby agrees to repair/rectify/make good any defective materials or workmanship arising within five years from the date of the completion of the contract; in the case of “repairs” to an existing premises the repairs are guaranteed for a period of one year from the date of completion of the contract.
  1. Confirmed Instructions: The Customer may (with the agreement of the Company) add, omit and or vary the works described in the Estimate. If the Customer seeks to add, omit and or vary the works then the Customer shall request an Additional Estimate from the Company for carrying out the change. The Company shall provide a detailed estimate of the cost of the proposed change. The Customer may accept or reject the estimate provided by the Company for the Proposed Change. If the Customer chooses to accept the estimate for the proposed change he shall indicate this in writing. Upon the Company accepting the change the Confirmed Instructions will be incorporated into the works. If the Customer chooses to reject the estimate for the proposed change then no changes to the works will be made. The Company will not carry out any change (either addition, omission or variation) without a signed instruction from the Customer. No variation or addition to the works shall have effect unless agreed in writing under a signature of a duly authorised representative of the Company.
  1. There are no rights of novation of this Contract.
  1. Customer Supplied Materials: If the Customer wishes the Company to incorporate materials provided by the Customer into the works then this shall be noted in the estimate. The Customer shall be responsible for providing sufficient materials to meet the needs of the programme (including an allowance for waste arising from fixing conditions). The Company is not responsible for the inspection, fitness for purpose and or security of Customer provided materials. The Company may make additional charges for the labour involved in unloading and/or collecting and/or site distribution of Customer supplied materials. The Company cannot provide a Guarantee for Customer Supplied Materials.
  1. Specialist Plant Equipment and Installations by Specialist Sub-Contractors: will only be guaranteed for the equivalent period of guarantees provided by the specialist installer and or supplier (if such a guarantee is provided by a specialist contractor).
  1. The Customer shall provide Free of Charge electricity and/or gas and/or water as required to carry out the works.