TERMS AND CONDITIONS
ORDERS ARE ACCEPTED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
1. No quotation or quotation is given by us (K Design & Build Ltd, hereinafter referred to as the Company) constitutes an offer but is an invitation to treat and is subject to the Company’s right to withdraw or amend it without notice. All orders based on this quotation are subject to acceptance in writing and no works will commence without a written order accepted by ourselves. Unless stated to the contrary this quotation has been based on material, labour, plant and equipment prices at the date of the quotation, any subsequent increases in these costs will be charged. This quotation is open for acceptance for a period of 1 month from the date of a tender unless an extension is specifically agreed by ourselves.
2. Interest will be charged at 2% per month or part of a month on overdue accounts. This is limited to no more than 3% above Bank of England base rate (on an annualised basis).
3. No discrepancy in our account will be accepted as a reason for withholding payment on the due date and the right of title to all materials supplied remain the property of the Company or their successors until paid for in full. Materials and goods delivered to the job or site will remain the company’s property until they are either fitted by the company or paid for by the customer who will be responsible for their safe custody and for all loss or damage until the contract is completed. All surplus materials are the Company’s property and will be removed from the site on completion.
4. (‘RoT, ‘Romalpa clause’ or ‘reservation of title clause’) The company remains the owner of any goods until balance of materials is cleared.
5. The Customer shall not assign the contractual rights and obligations without the written consent of the Company, who also reserved the right to subcontract sections of the Works as may be necessary.
6. The Company reserve the right to refuse to accept cancellation of an order where they have placed specific orders for materials or services required. Subject to any consumer statutory cancellation rights.
7. The words “Provisional Sum or PC Sum” where used in this quotation indicate the amount included therein to budget for a specific item of work and this quotation is subject to adjustment by substituting for the provisional amount the value of the work carried out as notified by the Company to the Customer or at Day work rates plus percentage additions quoted by the Company.
8. The value of any variations to the work included in this quotation ordered by the Customer either verbally or in writing or confirmed by the Company, whether by addition, omission or substitution of any work shall be added to or deducted from the prices stated in the quotation. No contract charges or claims will be accepted unless agreed by us in writing.
9. Copyright in all specification descriptions, quantities, prices, rates, drawings, designs, catalogue and other literary works described in this quotation remain the property of the Company and the Customer has not entitled themselves or to authorise any person or firm to reproduce all or any part. Whilst every effort is made to be accurate the Company cannot be held liable for any technical information or advice is given at any time, nor for any design responsibility unless the Customer shall have informed the Company in writing and that the Company have accepted such stipulation.
10. The Company are fully insured against accidental damage to property and injury to persons. Irrespective of those insurances the existing structures together with the contents thereof owned or controlled by the Customer or for which the Customer is responsible, and the Works together with all unfixed materials, goods and items delivered thereto, placed on or adjacent to the Works and intended, therefore (except plant, tools and equipment) shall be at the sole risk of the Customer as regards loss or damage by theft, fire, lightning, explosion, storm, tempest, flood, bursting or overflowing tanks, apparatus or pipes, earthquake, aircraft and any other aerial devices or articles dropped therefrom, riot and civil commotion. The Customer shall maintain adequate insurance against such risks and shall send a copy of this quotation, together with the conditions thereon to his insurers as advice that building works are being carried out on his property and shall make available such evidence of insurance to the insurance brokers of the Company.
11. The Company cannot be held responsible for any damage caused by the movement or vibration to ceilings or soffits and to areas where internal finishes are fixed to structural members or timbers supporting our work. The Company do not accept responsibility for any deterioration or damage to rainwater gutters and pipes which are already defective. Furthermore, during the removal of roof claddings inevitably dust and debris will fall into the loft space beneath. The Customer is responsible for removing or protecting stored articles and possessions prior to commencement of the Works as we cannot be held responsible for the soiling which occasionally can occur under such circumstances.
During the course of roofing works the Company will use its best endeavours to ensure that the building will be kept watertight, however, from the very nature of the work involved it is not possible under severe or sudden adverse weather conditions to guarantee the exclusion of water through a roof which is temporarily open or an overnight seal. Customers are, therefore, advised to make provision for protecting decorations and furniture and to remove any sensitive equipment which is likely to be exposed to possible water penetration in such an area to minimise any possible damage. The Company cannot accept liability for any consequential loss arising from failure to take these precautions. This does not apply where damage is caused by our own negligence.
12. Whilst reasonable precautions will be taken the Company cannot be held responsible for any damage caused to lower roofs, and additions over which we are required to work, nor for any damage to garden plants, shrubs, ornaments and the like. The Company reserve the right to request the Customer to remove or have removed at their own expense areas of sheeting or glazing, and to remove or otherwise protect anything as may be necessary to facilitate the erection of scaffolding or the safe progress of the work. This does not apply where damage is caused by our own negligence.
13. Scaffolding and mechanical hoisting facility to be erected including the obtaining of all necessary statutory and bye-law consents under the regulations in accordance with the Health and Safety Regulations and Public Highway Regulations. The Company cannot be held responsible for accidents or injury to any persons through the unauthorized use of or alterations to the scaffolding and hoisting facility.
14. Power and fresh water supply to be made available if necessary free of charge for the use of power tools etc and for the mixing of building materials or for any other purposes to execute and complete the Works.
15. The dates agreed for commencement and completion are subject to alteration in the event of delays occurring through inclement weather, strikes or lockouts affecting the Building Industry, additions or variations to the Works described in this quotation or any causes beyond the control of the Company and such extension of time as may be reasonably allowed shall be without penalty. All quotations are subject to materials and labour being available when required. Time shall not be essence of any contract with a Customer, and any delivery or completion dates are quotations given for information only and the Company will not be bound by such.
16. Unless stated otherwise, this quotation does not include the cost of provision by the Customer of sanitary convenience required under the Health and Safety at Works Acts. Where these facilities cannot be made available by the Customer they shall notify the Company accordingly, and the Company may amend quotation to take account of providing these facilities themselves.
17. The Customer is responsible for providing adequate and safe storage for materials adjacent to the working areas and for the safe custody of materials until fitted. Once our materials have been fully and finally fitted the Customer is responsible for the protection and the cost of any damage or replacement caused by circumstances beyond the control of the Company. Where a driveway or other hard standing area exists this is to be made available by the Customer for the parking of a skip waste container. Materials and goods will be delivered by us on public or private roads which we assume to be adequate to receive the load unless informed by the Customer in writing to the contrary.
18. Samples submitted for approval will show substance and general character only. No guarantee can be given regarding the colour.
19. All guarantees on materials as issued by the manufacturers will be passed on to our customers.
20. In the event of determination for breach of obligations by the Customer or for any other reasons beyond the anticipation or control of both parties, the Company shall be paid by the Customer as provided for within these terms and conditions.
21. As per our complaints policy. In the event of a dispute between the Customer and the Company then each party shall give the notice in writing of such dispute which shall be referred to Arbitration with a request to concur the appointment of an Arbitrator nominated by the President of the Royal Institution of Chartered surveyors. The award of the Arbitrator shall be final and binding on the parties including any order for costs.
22. Every contract to which these conditions apply shall be construed and operate as an English contract and in accordance with English law.