1. The client acknowledges that all terms of this Tender and any subsequent contract made as a result thereof between the Client and the Contractor shall be those contained herein and the Client is not relying on any prior representation and accordingly that nothing said or written by or on behalf of the Contractor that is not set out in these terms shall bind the Contractor or give rise to any right or claims of any kind whatsoever, unless specifically agreed to by the Contractor and contained in writing in these conditions. In addition, far as the Conditions of Tender and any subsequent Contract contained herein shall be inconsistent with any other conditions herein shall take precedence and solely apply on relation to this tender and any contract between the contractor and the client.
2. Any drawing, report or specification upon which this Tender or subsequent Contract is based shall remain the property of the Contactor and will be subject to any copyright or patent applicable thereto and is supplied for the Client’s information only.
3. The Specification and Tender details allowed for in the preparation of this Tender or subsequent Contract with any variation howsoever arising will be charged for by the Contractor accordingly.
4. This Tender and any subsequent Contract made in consequence hereof is based upon the current rate of labour, materials, plant and any other charges and expenses applicable at the date of this Tender but may be increased prior to the Contract being entered into between the Client and Contractor based upon the Tender, but that all variations in such rates will be subject to acceptance for a period of 28 days from the date of the Tender or notification of such variation.
5. The Contractor will use its best endeavours to commence and complete the Contract work within the time specified, but no responsibility or liability will be accepted by the Contractor for any delays or variations to the commencement or completion rates specified howsoever arising.
6. Any variations of changes within the works do and will have an effect on the time period allocated for the works to be executed and, therefore, time will become at large and the time will be extended to accommodate these works however long. Any cost and expenses to carry out these works shall be charged for in accordance with these terms. Also any costs or expenses as to loss of time and, or disruption to the work for site on costs, overheads, and loss of profit will also be charged and claimed.
7. All materials specified shall be accepted subject to usual trade conditions imposed by the supplier or manufacturer of such materials, and such conditions will be in addition to and not in substitution of the terms hereof.
8. Any materials supplied by the client whether directly or through the provision of P.C. or provisional sums will not be the contractor’s responsibility. Any defects whatsoever however caused (barring negligence on the contractor’s behalf) the client will have to pay for any replacement costs for their removal, storage, transport, and reinstatement, and any associated works in full.
9. The property in all materials and goods delivered to the site, including the plan and tools of the Contractor, shall belong to the Contractor and remain with the Contractor until they are paid for by the Client and shall not be removed from the premises without the written permission of either the suppliers or the Contractor.
10. This Tender price and any subsequent Contract price is net and no deductions in respect of trade, cash or other discounts will be allowed unless the contrary is confirmed in writing by the contractor.
11. Payment for the work shall be as follows:
- A deposit + VAT required on every project. The amount of this depends on the size of the project and will be agreed + VAT of the contract Sum to be paid on acceptance of the work.
- Deposits are not refundable under any circumstances.
- Subsequent payment shall become due forthwith upon the submission by the Contractor of an Account. Arrangements will be made for interim and stage payments from commencement of the contract or in accordance with the current Articles of Agreement within a The Contract.
12. Unless otherwise agreed in writing by the contractor interest will be charged at 2% per month compounded on any sum due to the Contractor for a period in excess of 7 days after the issue date of the Contractor’s Account. Also the Client will be liable for all costs and expenses in recovering debt.
13. The Contractor may determine the Contract if the Client shall default in any payment immediately after the date it has become due or if the Client shall commit an act of bankruptcy, or has a receiving order made against him, or suffers execution upon his goods, or compounds or makes arrangements with his creditors, or in case a company goes into voluntary or compulsory liquidation, or has received appointed of its property or any part thereof and where the Contractor has cancelled the Contract, the Contractor shall be entitled to any costs incurred and for compensation for any loss suffered including loss of profit.
14. The Contractor will not be liable and the Client shall be solely responsible for and fully and completely indemnify the Contractor against all loss, damage or injury to the premises in the contract, or any adjoining premises, or the contents of any such premises or in respect of any claims demands or proceedings by any person whatsoever (including any child conceived but unborn) for death of or injury to any person howsoever caused other than as a result of negligence of the Contractor or his employees providing at the time of the alleged negligence the Contractor of his employee were acting within the scope of their employment.
15. It shall be the duty of the Client entirely without prejudice to any insurance effected by the contractor, to satisfy himself by notifying his own insurers seven days prior to the work being commenced that the works are being carried out on his own property and ensure that he is adequately covered by such insurance against loss or damage by fire, flooding, loss or delays resulting from strikes, lockouts or force majeure, staining, crashing, cracking, deterioration of the property, or any of the finishings as a result of the treatment however applied, the negligence of the Contractor, his agents or employees or from any other cause.
16. Should the commencement or completion of the work specified herein be delayed by virtue of:
- Ancillary or other work not forming part of this Contract.
- Lack of provision of suitable supply of electricity or water or other services on the commencement of this work.
- By access to the property being denied to the Contractor for any reasons outside the control of the Contractor. That the client shall be responsible for paying all the Contractor’s losses, expenses and extra costs which would not have been occurred for the said delay.
17. On any contract which involves the use of any flammable organic solvent material, it is the responsibility of the client or his Agent, in the interest of safety in respect of hazard to notify all personnel on site that smoking, naked lights and / or the use of any gas, electric, oil or solid fuel appliances are strictly forbidden within the scheduled area during and for 48 hours after the use of such materials.
18. Certificates or Guarantee are issued where applicable, after full payment has been received by the contractor.
19. In the event of the work specified herein subsequently requiring reinstatement or redecoration of the property no such work shall be implemented without the Contractor’s written consent and failure to comply with this condition shall render void any guarantee issued by the contractor.
20. Apart from the guarantee specifically issued by the Contractor, all other guarantees, warranties, or conditions expressed or implied statutory or otherwise are hereby expressly excluded insofar as such exclusion is not prohibited by statute.
21. To safeguard flooring or coverings, they should not be re-laid until all base surfaces are perfectly dry after treatment or laying.
22. Where any floor covering or fitting is removed to carry out works it is not guaranteed that any of these items will re-fit perfectly unless specified identified by the client in writing prior to agreement of the contract sum. Any cost incurred e.g., re-fitting / altering carpets, will be the responsibility of the client however used.
23. Labour & Materials rate: Where no sum has been agreed for the works by the client, such works shall be carried out at the following rates and charges:
Tradesman – £40.00
Labourer – £26.00 per hour + VAT minimum 4 hours charged
Management / Consultant – £200.00 per visit maximum 3hrs
Materials – at costs plus 20% + VAT
24. Any time or other indulgence forbearance or concession by the Contractor to the Client shall not in any way constitute a waiver or otherwise prejudice the Contractor’s rights under this Tender or subsequent Contractor.
25. The Contractor reserves the right to sub-contract any part of the work.
26. Any notice or requirements to be given in writing shall be sufficiently given only if delivered by hand or sent by recorded delivery post to the Contractor at the address contained herein and acknowledged n writing by the Contractor to have received. If no such acknowledgement is received by the Client within seven days of the alleged delivery, such written notice shall be deemed not to have been given.
Complaints:
We always endeavour to provide the best service for our customers. However, on rare occasions, we recognise that there may be times where our customers may not be completely satisfied.
To ensure we are able to put things right as soon as we can, please read our complaints procedure below and we will respond promptly to ensure complete satisfaction.
As soon as possible after the completion of the works, please inspect the work to ensure everything has been carried out to our usual high standards.
In the unlikely event there is anything you are not completely satisfied with, please contact us as soon as you can in order that we can rectify any problems as soon as possible. Either call, write or email us.
We aim to respond within 7 days of receiving your complaint and where possible, will provide you with a date to remedy any issues raised.
Where we are unable to resolve your complaint using our own complaints procedure, as a Which? Trusted trader we use Dispute Resolution Ombudsman for dispute resolution. In the unlikely event that we cannot remedy your complaint to your satisfaction you may wish to refer your complaint to them. If you wish to do so please contact Which? Trusted Traders in the first instance on 0117 456 6032.
