GENERAL TERMS AND CONDITIONS OF CONTRACT
The following terms and conditions shall apply to and are incorporated into the quotation attached and shall apply unless expressly modified or excluded in writing and signed by the Contractor.
- The Scope of the Work:
- The Contractor shall carry out and complete the building work described in the contract documents in a good and workmanlike manner. He shall have no obligation to execute any further work unless otherwise agreed in writing between the parties. If there shall be any discrepancy between any specifications and any drawing, the description contained in the specification shall prevail over the drawing.
- The Contract documents shall include the quotation, the specification, any plans and drawings and any other document referred to in said quotation. The copyright of all these documents shall remain the property of The Pristine Finish Ltd unless specifically agreed in writing.
- The client is responsible for any necessary planning permission for the works, (except gaining council approval for tree work), and for fulfilling statutory requirements.
- This quotation is based on the availability and free use of mains electricity and water during the course of works.
- Whilst we will try to supply all items specified on a plant list, we reserve the right to make necessary substitutions.
- A quotation shall remain open for acceptance within thirty days of the date shown on it and thereafter lapses automatically.
- All quotations are based upon market prices and rates for materials, labour, transport and all other materials and services required for the works ruling at the date of said quotation. The Contractor reserves the right to amend the contract sum referred to therein in order to take account of any increases or decreases in the prices of materials, rates for wages and any other charges for said materials, labour and other services required for the work insofar as such charges have not been anticipated by the Contractor when preparing his quotation.
- Acceptance of the Contractors quotation involves acceptance of these terms and conditions and of the contract documents and will lead to a binding contract between the parties. It should be noted by the client that any attempted or any actual cancellation thereof by the client may involve the client in a claim for recovery by the Contractor of any loss or expense incurred as a result, including a claim for loss of profit.
Variations to the works as described in the quotation will only be undertaken upon instructions given in writing by the client to the Contractor. Oral instructions to staff on site will not be accepted. It should be noted that site personnel have no authority to alter the contract in any way. The price of any additional work properly treated as a variation will be based upon labour charges @ £45.00 + vat per hour and the “MATERIAL + HIRE” costs prevailing at the date of the instruction from the client.
Payment will be due strictly in accordance with the terms set out in our quotation. A credit charge of 2% above base rate per month will be levied on all accounts which exceed the credit terms. PAYMENT TERMS – CONTRACTS LESS THAN £10,000, 50% AS A DEPOSIT, REMAINDER UPON COMPLETION. FOR CONTRACTS OVER £10,000, 30% AS A DEPOSIT, INTERIM PAYMENTS AS MUTUALLY AGREED AND A FINAL PAYMENT OF 5%.
- The Site:
- The client warrants that the site is free from springs, flooding, rock, tree stumps not specifically to be removed, mine workings, covered wells or other cavities, running sand, service pipes and cables, sewage or land drains, foundations of former buildings or other hazards or obstructions which are not discoverable on visual inspection of the surface of the site or made known in writing by the client to the Contractor prior to the date upon which the Contractor submits the quotation attached. If the client breaches the above warranty the Contractor shall be entitled to make a reasonable charge for all additional work necessary and properly executed by the Contractor as a result.
- Underground services near to the works are required to be accurately identified to us by drawing and in writing before we are required to commence the work. Our insurers will only accept liability for damage to services thus indicated and we expressly disclaim any liability for damage to services within the works.
- Timely possession of the whole site and proper and adequate access to it during the hours of 7.30a.m. to 5.30p.m. Monday to Friday must be made available by the client to the Contractor to enable the work to be carried out in a regular and economic manner.
Unless otherwise agreed the Contractor undertakes to use all reasonable endeavours to complete the works within a reasonable time, or, if a specific date for completion is agreed by that date, but under no circumstances shall the Contractor incur any liability to the client for an untimely performance unless a figure for liquidated and ascertained damages is specifically agreed and quoted in the contract documents. In particular the Contractor shall incur no liability for any delays or non performance arisings from force majeure, adverse weather conditions, strikes, lockouts, war or other hostilities or any active event beyond his reasonable control in whole or in part. In addition the Contractor shall be entitled upon application by him to a reasonable extension of time from the client in respect of any such matters referred to above and in respect of any matters to in Clause 5.
All materials brought on site by the Contractor, which prove to be in excess of his requirements, shall remain the property of and shall be removable by the Contractor who shall have the right to enter the site for that purpose.
The Contractor guarantees that all materials and plants supplied are of good quality and suitable for the site conditions. Any failures of any materials or plants during the first six months will be replaced free of charge provided they have not suffered any effects of negligence, vandalism, theft, accidental damage, damage by pets, extreme weather conditions or lack of proper maintenance.
For external works as: rendering ,fascia’s and guttering replacement during, plumbing, tiling, electrical, structural works two years guarantee for labour.
This contract shall be regarded as an English contract and shall be determined in all respects according to the Law of England and Wales
Bart Cwiakala, Pristine Finish Ltd, 37 Heathdene Road, Streatham SW16 3NZ
Company Nr: 08946665 | Vat Number: 209395884
TEL:02082655251 / 08009996444 | E MAIL:firstname.lastname@example.org