TERMS AND CONDITIONS
All estimates are given and all orders are accepted on these terms. They override and exclude any other terms stipulated or incorporated or referred to by the Client whether in the instructions or in any negotiations or any course of dealing established between us and the Client. All orders/instructions given by the Client shall be deemed to be made subject to these terms. No modification of these terms shall be effective unless made by an express written agreement between the parties. The signing by us of any of the Client’s documentation shall not imply any modification of these terms.
Estimates are subject to be withdrawn at anytime before receipt of unqualified instructions from the Client and shall be deemed to be withdrawn unless so accepted within 90 days from their date.
The price payable by the Client is specified in our estimate (or where none, at our standard charging rates). We reserve the right to increase the price before carrying out the work by an amount equivalent to any increase to us in the cost of relevant materials since the date of our quotation save that if this would increase the price by more than 10% we will give the Client the opportunity to cancel the contract.
Subject to the above paragraph the Client may not cancel the contract without our consent which if given shall be deemed to be on the express condition that the Client shall indemnify us against all loss, damage, claims or actions arising out of such cancellation unless otherwise agreed in writing.
Invoices will be submitted to the Client on completion of works and payment should be made to us within 7 days of the date of invoice. We reserve the right to apply for interim payments for high value works. In some instances a deposit may be required.
COMMENCEMENT AND COMPLETION ORDERS
Dates specified for the commencement and completion of the work are estimates only and time shall not be the essence of the contract.
INSPECTION OF WORK
The Client shall inspect the work as far as is reasonably possible on completion of it and shall within seven days give written notice to us in detail of any grounds on which he alleges that the work is not in accordance with the contract. If the Client fails to give such notice the work shall be conclusively presumed to be free from any defect which would be apparent on reasonable examination of the work.
DANGEROUS GASES, LIQUID, MATERIALS
Prior to the commencement of work the Client shall inform us of all dangerous gases, liquids and other materials of any nature whatsoever which are present on the premises where the work is to be carried out by us and which could constitute a danger to us in the carrying out of the work or otherwise. The Client shall also ensure that we are in good time properly advised in writing of all precautions which need to be taken on account of the presence of such dangerous materials. The Client shall be responsible for all loss or damage whether direct, indirect or consequential due to the Client’s failure to fulfil any of the above obligations. If the Client shall fail to comply with the above, we shall be under no obligation to carry out the work.
The Client shall provide clear access to enable us to carry out the work. The Client shall obtain permission for us to proceed over property belonging to third parties if this is necessary for the proper execution of the work. The Client shall indemnify us against all claims of whatsoever nature made by third parties and arising out of our presence on their property save where such claims result directly from negligence on our part. The Client shall be liable to us for all loss or damage whether direct, indirect or consequential suffered by us as a result of failure or delay by the Client in performing the obligations referred to above.
Unless specifically requested no allowance will be made for making good and or any decoration works required during the course of the contract.
Subject to the above Clause we guarantee completed work for a period of one year provided that this guarantee shall not apply to defects resulting from misuse or faulty workmanship by the Clients, its employees and sub-contractors or any other third party.
FORCE MAJEURE etc.
We will use our best endeavours to carry out the work on the agreed dates but shall not be under any liability to the Client if it should be either impossible or impracticable to carry out the work on the agreed date or dates or at all by reason of strike, lock-out, industrial dispute., Act of God or any other event or occurrence beyond our control.
WATER AND POWER
The Client will be responsible for providing all necessary power and clean main's water supply.
The client shall be liable for all loss, damage or injury (whether direct, indirect or consequential) resulting from failure or delay in the performance of his obligations under these terms.