Our main obligation
To do the work. We will carry out the work with all reasonable skill and care and to the manufacturer’s standards and instruction by the end of the agreed contract period or any extension to that but this term does not make time an essential condition.
We will comply with all Health & Safety Legislation as stipulated by the HSE.
We will comply to all building regulations and keep to all legal or special requirements or conditions which we would need to keep to in the course of carrying out the work, but only if you have told us in writing about these requirements.
At the end of the contract, as long as you pay all amounts due, we will give you any guarantees, test certificates and so on which apply to the work.
Your main obligation – to pay the price.
If we have agreed in writing to give you credit then all accounts are due for payment into our bank account by BACs or Bank Transfer without deduction, discount, retention or levies and by the date stipulated on the invoice or application for payment. Time for payment shall be of the essence. Payment by cheque is by prior agreement only and may result in additional administration charges payable by you by us.
If credit is granted it may be reviewed at any time. Late or overdue payments may result in the withdrawal of any previously agreed credit terms and the suspension of work. We reserve the right to refuse to execute any order or contract if the arrangements for payment or your credit rating is not satisfactory to us. You shall be liable for any loss, damage or expense arising out of any withdrawal or reduction of credit or refusal to supply further goods including any loss, damage or expense suffered by us.
Within five days of receiving any interim bill or the final bill if you intend to not pay the full amount you must give us written notice showing how much you plan to pay and the calculation leading to that. If you do not give us written notice the amount you will pay us will be the amount set out in the interim bill or the final bill, interest would be due on any underpayment.
Prices quoted and agreed are fixed for the period stated on the quotation, usually 30 days. After this period the prices are subject to fluctuation any also may change in line with any changes to VAT and Taxation and also any Levies or Tariffs brought about following the UK departure from the EU.
Access to the site & the work
You must allow us enough access to the site and keep the site clear of all obstructions so we can carry out the work economically and in the logical sequence. You will provide at all times and free of charge: welfare facilities, water, electricity and the appropriate lighting and temperature for the work and to keep the site secure.
We will provide a risk assessment and method statement for our work prior to commencement.
We will start the work on the agreed start date. You must make the site available to us on the start date and for the time it takes us to carry out the work. Our standard working hours are Monday-Friday 8am-4pm. Works outside of these hours maybe subject to additional charges.
Unless we agree otherwise in writing, you must get all permissions you need before we start the work and keep to any conditions relating to the work. If you break this condition you must pay us any losses and damages, we suffer including postponement and unproductive visits.
You will be responsible for providing the asbestos register prior to commencement of the work.
You will be responsible for identifying and notifying us of any hidden services and for ensuring that the existing building, or preceding work by other trades has suitable fixing grounds and that existing openings are true, plumb & level and finished ready for our work.
When the work is completed, whoever is responsible for getting building regulations approval or planning permission is also responsible for getting formal written confirmation that the work meets those regulations or that permission.
Materials or goods
Any materials or goods we supply will be of a satisfactory quality and fit for purpose. Materials must only be used for the purpose supplied and in accordance with the manufacturer’s instructions. Any modifications or use outside of the intended purpose will invalidate any test certificates or warranty.
Who owns materials or goods
You or your client or building owner will not own any materials or goods delivered to the site until you have paid us in full.
We will be responsible for Public and Employers liability insurance for our staff, employees, contractors and bona-fide contractors for the duration of our work.
We will provide a copy of our insurance policy with any conditions and exclusions upon request.
We will not be responsible for Product or Professional indemnity insurance; Contract works insurance or site insurance.
If CDM regulation apply, we agree to keep to our obligations and expect you to keep to yours and this will include any pandemic regulations as laid out by the government or the CLC.
We will be responsible for all health and safety issues relating to our employees and contractors and reserve the right to stop work and/or leave site without notice should the regulations not be adhered to. In addition, staff or contractors may be asked to self-isolate without notice, these events are beyond our control and we cannot be held responsible for any associated cost or delay.
If unexpected work arises, where possible we will tell you in advance and ask how you want us to go ahead. You may not use or instruct our employees, subcontractors or tradesmen. If you do, you will have to pay us as if we had carried out the work. If you want to change the work, you must confirm this in writing and do so within seven days, if you first tell us. We will then adjust the price
If we are providing labour-only services, you are to provide all products, materials, fittings and similar which are needed for the work. If you do not provide these or ask us to transport or collect these items, this may result in extra charges under condition
Delay or disruption
If the work is delayed or lasts longer than expected for any reason (other than our fault), we will adjust the price accordingly, if it is your fault, we will be entitled to claim for any losses and expenses caused.
Your right to end this contract
Without affecting your other legal rights and remedies, you can end this contract in one (or more) of the following circumstances.
If, without reasonable cause, we:
- Stop work for 14 days in a row; or fail to work steadily; and you send us a written notice, by recorded delivery, telling us to restart work or work steadily and we do not do this within seven days of receiving your notice.
- If we become bankrupt.
- If we go into liquidation.
- If we come to formal agreement with our creditors in relation to payment of our debts, often referred to as a composition with creditors. If we are wound up.
- If a receiver or manager is appointed over our business, unless this is to amalgamate or reorganise the business.
However, we can still use all our legal rights and remedies.
Our right to suspend or end this contract
Without affecting our other legal rights and remedies, we can end all or suspend all or part of our obligations under the contract in one (or more) of the following circumstances:
- If you fail to pay any amount due and still fail to pay for seven days after receiving a written notice demanding payment and warning you of our intention to end all or suspend all or part of our obligations under the contract.
- If you, or anyone you employ or your agent, interfere with or obstruct the work or fail to make the site available for us (without good reason) for the contract period (or any one or more of these).
- If you become bankrupt or go into liquidation, or make a composition or arrangement with your creditors (or any one or more of these).
After we use our right to suspend part or all of this contract, if you are still at fault, we can end our obligations under it.
We will be entitled to: all relevant payments and any reasonable costs and any reasonable losses we suffer (including loss of profit) involved in or resulting from ending all or suspending all or part of our obligations under the contract within 14 days of asking for payment.
Our right to suspend performance ends when you pay the amount due in full unless in the meantime, we have ended our obligations under the contract.
Extending the contract period
You will extend the contract period by a reasonable period to take into account any one (or more) of the following:
- Your delayed instructions or lack of instructions on any one (or more) of the following.
- The work, Changes to the work and/or your choice of materials
- If we suspend all or part of our obligations under our agreement
- If the work is obstructed by any matter we do not control.
- Weather conditions which delay or prevent us from continuing the work.
- Civil commotion, wars, riots lock-outs/lockdowns, Pandemic prevention regulations.
Subcontracting & Suppliers
We can subcontract any part of the work, but we will still be responsible for the work.
It should be noted that in the instances where we would supply glass you should be aware of the risk of nickel sulphide inclusion; we cannot take responsibility for spontaneous glass breakage. Glass should be installed, cleaned and inspected under the conditions specified by the manufacturer or the GGF.
If any dispute arises between you and us, either of us may ask for a meeting to be held in good faith at director level in an effort to sort out the dispute to avoid adjudication, legal proceedings or the dispute resolution procedures in any insurance cover related to the work.
In the event of the dispute being unresolved after said meeting the matter will be referred to an Alternative Dispute Resolution (ADR) procedure. If you or we need advice in appointing a suitable person to help settle or decide on the appropriate procedure, we or you can contact the Centre for Dispute Resolution (CEDR) or another similar organisation we both agree on.
Any dispute or difference arising from or in connection with the work or this agreement (or any one or more of these) will be dealt with by Court proceedings.
These terms are written in Plain English which does not detract from the intention.