1. Acceptance of Terms
All Quotes provided to customers and all contracts entered into by the Contractor are subject to the following terms and conditions. No other terms or conditions shall apply to the work carried out by the Contractor.
a) Quotations
Any quotation provided by the Contractor is valid only for acceptance based on these terms and conditions. Work will not commence until acceptance is received. Acceptance may be required in writing.
b) Variations and Additions
Any variations or additions to a Client’s order or acceptance must be expressly agreed upon with a director of the Contractor. Such variations or additions will only be confirmed in writing or via email confirmation by the Client. No changes will be implemented unless agreed upon in this manner.
2. Payment Terms
a) Unless specific payment terms are outlined elsewhere in the agreement or otherwise agreed upon by the Contractor, full payment is due on the day of completion of the works. The Contractor will submit an invoice upon the completion of the work, which, in the Contractor’s opinion, fulfils the requirements of the contract.
b) Advance Payment
The Contractor reserves the right to require advance payment for materials and equipment. In all contracts, including roofing works, the Contractor may require payment of 50% of the total contract price as an upfront payment before work begins or at any time prior to the completion of the work.
c)) Quotation Pricing
The prices quoted by the Contractor are non-negotiable and do not include discounts. All quoted prices are Nett and include any applicable main contractor discounts.
3. Interest on Overdue Payments
If payment has not been made by the due date, interest will be charged on the overdue amount at a rate of the base rate of HSBC Bank PLC plus 8%, unless a different arrangement has been agreed upon in writing by the Contractor.
4. Vat
All prices quoted by the Contractor are exclusive of Value Added Tax (VAT), unless otherwise stated. VAT will be charged at the prevailing rate applicable at the time the invoice is issued.
5. Quotations
All prices provided in quotations to Clients are strictly nett and are valid for a period of 3 months from the date of the quotation, unless otherwise specified. Any provisional sums included in a quotation are not binding on the Contractor until confirmed and may be subject to adjustment once the final amounts have been determined.
Emergency and Additional Works
Emergency repair works and any additional works deemed necessary by the Contractor, including the purchase of extra materials, will be charged to the Client in addition to any previously quoted price. Such additional works will be billed.
6. CONSENTS AND APPROVALS
Unless otherwise agreed in writing by the Contractor, the responsibility for obtaining all necessary planning consents and approvals for work to be carried out or completed by the Contractor lies solely with the Client.
7. TIMING
Any dates provided by the Contractor to the Client for the commencement or completion of work are for guidance only and are not binding on the Contractor.
8. MEASUREMENTS
If measurements have been supplied by the Client for the purpose of providing a quotation, the Contractor reserves the right to alter its quotation if it determines that such measurements are incorrect.
9. SAMPLES
Samples provided by the Contractor to the Client are for illustrative purposes only and reflect substance and general character. The Contractor does not guarantee equality in colour, size, thickness, or shape of the final products supplied compared to the samples.
10. SERVICE TO BE SUPPLIED BY THE CLIENT
a) The Client must provide a mains electricity supply, water supply, and toilet facilities on-site for use by the Contractor unless stated otherwise.
b) The Client is responsible for contacting the electricity board and any other service providers affected by the work, ensuring that overhead power cables are checked and made safe at the Client’s expense unless the Contractor agrees otherwise in writing.
c) The Client must ensure that there is adequate, proper, and safe access for the Contractor and its employees to the work site.
d) The Client must notify their property insurers that work is being carried out by the Contractor and ensure that adequate insurance coverage is in place against loss or damage arising from the works.
e) The Client must obtain appropriate consents from neighbouring or third-party properties if work involves entering their land or interfering with their rights. Any costs or delays resulting from failure to obtain such consents will be charged to the Client.
f) The Client is responsible for organising any additional works during the Contractor’s work and must consult the Contractor for approval.
g) The Client must ensure that any television aerials and satellite dishes are removed as necessary prior to the commencement of work, or a charge will be made by the Contractor for removal and replacement unless included in the initial quotation.
h) Materials delivered to the site must be stored safely within 5 meters of the point of erection or transported by the Client as directed by the Contractor. All forklift/hoisting facilities are the Client’s responsibility.
i) The Client must inform the Contractor of any known presence of bats in any building on site and consult with local wildlife organisations prior to work commencement.
11. MATERIALS ON SITE
Legal title and ownership of all materials supplied by the Contractor remain with the Contractor until payment is received in full.
b) Upon completion of the works, any surplus materials resulting from over-ordering shall remain the property of the contractor.
c)The Contractor retains the right to remove materials at any time for this purpose. The Client must secure the materials on site and display the Contractor’s name as the owner.
d) All salvage materials, including scrap lead, slates, ridge tiles, and general roofing materials removed from the site become the property of the Contractor and will be accounted for in the quotation at the Contractor’s discretion.
e) The Contractor reserves the right to display signage at the Client’s site advertising the Contractor’s name.
12. HEALTH & SAFETY
The Client must ensure that the work site is secure, clear, and safe. The Client must comply with any safety instructions given by the Contractor. The Contractor reserves the right to withdraw its employees if the site does not meet health and safety regulations or if weather conditions are adverse.
13. DANGEROUS MATERIALS
If dangerous materials are discovered during the course of the work, the Contractor shall not be responsible for dealing with them and may cancel the contract upon notice to the Client. The Contractor assumes no responsibility for the removal of hazardous substances unless otherwise agreed.
14. RESPONSIBILITIES OF THE CONTRACTOR
a) The Contractor uses materials that comply with current British Standards, except where the age or character of the property necessitates otherwise.
b) The Contractor is responsible for roofing works; however, no guarantees are given for any chimney stack or associated works unless otherwise arranged.
c) The Contractor is not responsible for water ingress through brickwork to chimneys unless an appropriate lead tray has been fitted by the Contractor.
d) The Contractor is not liable for damage to the internal or external fabric of the building due to the works, nor for consequential loss, although reasonable precautions will be taken.
e) The Contractor is not responsible for any deterioration or damage to materials supplied by the Client.
f) The Contractor reserves the right to employ sub contractors when necessary.
15. Site Readiness
The Client is responsible for ensuring that the site is ready for the works to commence. If the Contractor is unable to carry out the works due to the Client’s failure to prepare the site, the Contractor reserves the right to charge additional costs and expenses incurred, with a minimum charge of £50.00 + vat.
16. Liability and Claims
a) The Client is responsible for ensuring that the roof structure is sufficient and strong enough to support the works ordered. The Contractor shall not be liable for any claims arising from the Client’s failure to ensure the structural integrity of the roof.
b) The Client’s claims against the Contractor shall not exceed the contract price for the works carried out.
c) Unless otherwise specified, quotations do not include repairs to structural timbers, fascias, barge boards, soffits, guttering, or similar elements.
d) The Contractor shall not be liable for any loss or damage caused by events beyond its control, including but not limited to:
Acts of God
War or civil disturbance
Government actions
Strikes or lockouts
Difficulties in obtaining materials
Breakdowns in machinery
Fire or accidents
In such events, the Contractor reserves the right to cancel or suspend the contract without incurring liability for any loss or damage.
e) The Contractor reserves the right to refuse to execute any work or contract if the Client’s payment arrangements or credit are unsatisfactory. The Contractor may also cancel or suspend delivery of goods and materials, execution of work, or hire of scaffolding or plant if the Client’s credit becomes unacceptable.
17. Insolvency
If the Client becomes insolvent, has a bankruptcy or winding-up order made against them, or commits any act of insolvency, the Contractor reserves the right to cease work immediately and cancel the contract without incurring liability for any loss or damage.
18. Dispute Resolution
Any disputes arising under this agreement may be referred to adjudication in accordance with the procedures set out in the Housing Grants, Construction and Regeneration Act 1996 and the Scheme for Construction Contracts 1998 (as amended). The party referring the dispute to adjudication shall apply to the President or Vice President of the Royal Institution of Chartered Surveyors for nomination and appointment of the Adjudicator.