KILBRIDE ROOFING LIMITED
TERMS AND CONDITIONS
1. Contracts
All quotations are given to Clients and all contracts are subject to the following terms and conditions and no other terms and conditions shall apply to work carried out by the Contractor: -
a) A quotation given by the Contractor is only capable of acceptance on the basis of these terms and conditions. The work will not start acceptance. Acceptance may be required to be given in writing.
b) Variations or additions to a Client’s order or acceptance must be agreed with a director and will be confirmed in writing by the Contractor. No variations or additions will be made unless agreed in this way.
2. Payments
a) Save where specific terms as to payment are set out overleaf, or otherwise agreed by the Contractor payment in full is due seven days after date of invoice which shall be submitted by the Contractor when the Contractor, in the Contractor’s opinion, considers that the work required under the contract has been complete.
b) The maximum retention deductible on any one contract by the Client shall not exceed £200.00 unless agreed with the Contractor in writing before commencement of any such contract.
c) The right to require payment in advance for materials and equipment is reserved by the Contractor. In all contracts including roofing works, the Contractor reserves the right to require payment of 50% of the total contract price on account before the work is commenced or at any time before the work is completed.
d) The quotation price is non negotiable of discount. Prices quoted are Nett and are including main contractors discount.
3. Overdue Payments
if payment has not been made by the due date then interest is chargeable at the base rate of HSBC Bank PLC plus 8% unless otherwise agreed by the Contractor.
4. Value Added Tax
All prices quoted are exclusive of VAT (unless otherwise stated) which will be charged at the rate current at the time of invoice.
5. Quotations
a) All prices given in quotations to the Clients are given on a strictly nett basis and are open only for a period of 30 days (unless otherwise stated) from the date of quotation. Provisional sums quoted in any quotation are not binding on the Contractor until confirmed and are subject to adjustment once sums have been finalised.
b) Emergency repair works and additional works carried out by the Contractor as are necessary (including the purchase of any additional materials) will be charged to the Client in addition to any quoted price given by the Contractor and shall be at the Contractors standard hourly rate for such works.
6. Consents and Approvals
unless the Contractor otherwise agrees in writing the obtaining of all necessary planning consents and approvals for work to be carried out or completed by the Contractor is and remains the sole responsibility of the Client.
7. Timing
any dates given by the Contractor to the Client for the commencement or completion of work are given for guidance only and are not binding on the Contractor.
8. Measurements
in the event that measurements have been supplied by the Client to the Contractor for the purposes of giving a quotation then the Contractor shall have the right to alter its quotation if the Contractor finds that such measurements are incorrect.
9. Samples
in the event that the Contractor has provided samples to the Client then these are samples only showing substance and general character. Equality as to colour, size, thickness or shape of the products supplies pursuant to the samples is not guaranteed and the Contractor has no responsibility in the event that goods ultimately supplied do not exactly equate with samples previously supplied.
10. Service to be Supplied by the Client
a) The Client is responsible for ensuring that there is provided on site for use by the Contractor a mains electricity supply, a water supply and toilet facilities for use by the Contractor.
b) The Client is responsible for contacting the electricity board and any other provider of services which may be affected by the carrying out of the work and in particular have all overhead power cables checked and made safe at the Clients expense unless the Contractor undertakes so to do in writing.
c) The Client shall be responsible for ensuring that there is adequate proper and safe access for the Contractor and its employees to the site on which work is to be carried out.
d) The Client shall ensure the he has notified the insurers of his property, that works are being carried out to the property by the Contractor. It is the Clients responsibility to ensure that he is properly covered by insurance against loss or damage by fire or other risks arising out of the works to be carried out by the Contractor.
e) It shall be the responsibility of the Client to ensure that appropriate consents are obtained from neighbouring or other third parties in the event that work to be carried out by the Contractor may or will involve entering onto land of neighbours or third parties or in any way interfering with rights of such persons. Any costs, delay claims or losses suffered by the Contractor as a result of failure to obtain such consents shall be added to the account of the client who shall reimburse the Contractor for the same.
f) It is the responsibility of the Client to ensure that if other works are required to be carried out during the course of the works to be done by the Contractor that these are organised by the Client and that as appropriate the Client shall consult with and obtain the agreement and approval of the Contractor to the carrying out of these works whilst the Contractor is on site.
g) It is the responsibility of the Client to ensure that television aerials and satellite dishes are removed where necessary prior to works commencing. A charge will be made by the Contractor for removal and replacement unless such charge is included within the quotation given prior to the works commencing.
h) Materials delivered to the site and received on behalf of the Contractor should be stored in a safe manner within 5 metres of the point of erection or alternatively they are to be transported by the Client when required at the direction of the Contractor and at no charge or cost to the Contractor. All forklift / hoisting facilities are the sole responsibility of the Client.
i) It is the responsibility of the Client if they are so aware, to advise the Contractor that bats are present in any building on site and to consult with the local bat group or English Nature prior to the commencement of the works.
11. The Contractors Responsibilities
in the event that scaffolding is required to be erected then the Contractor shall ensure the scaffolding and ladders are subject to current Construction (Safety, Health & Welfare) Regulations. Construction of the scaffolding must be carried out only by the Contractor and the Client shall not have access or to allow ant third party to have access to scaffolding erected by the Contractor.
12. Materials on Site
a) Legal title and property in all materials supplied by the Contractor remain with the Contractor until paid for in full and until then they may be removed by the Contractor or its agent at any time. The Client agrees that the Contractor shall have the right of access (with vehicles) for this purpose. The Client is responsible for securing the materials on site and for ensuring that the name of the Contractor as owners of the materials is shown.
b) All salvage materials including scrap lead, slates, ridge tiles and general roofing materials that are removed form site become the property of the Contractor and will be allowed for in the quotation cost at the Contractor’s discretion.
c) The Contractor reserves the right to display sign boards at the Client’s site or premises advertising the name of the Contractor.
13. Health & Safety
it is the Clients responsibility to ensure that the site where the Contractor and its employees will be working is secure, clear and safe. Whilst on site the Client must comply with any instructions as regards safety which are given by the Contractor. The Contractor reserves the right to withdraw its employees if the site or facilities on the site do not accord with current health and safety regulations or if the weather conditions are adverse.
14. Dangerous Materials
in the event that during the course of carrying out the works any dangerous materials are discovered by the Contractor then the Contractor shall not have any responsibility to deal with the same and may if the Contractor so decides cancel the contract by giving notice to the client. No responsibility rests with the Contractor for the removal of any dangerous or hazardous substances found on site unless the Contractor otherwise agrees.
15. Other Responsibilities of the Contractor
a) Whilst the Contractor is in the practice of using only materials that comply with the current British Standards specifications, this may not be the case with certain works of repair or reinstatement due to the age or character of the property.
b) The responsibility of the Contractor is to carry out roofing works. In the event that the Contractor agrees to carry out works on chimney stacks or other parts of the property then no guarantee is given regarding any such work. The Contractor reserves the right to require the Client to arrange for a building contractor to carry out such works.
c) The Contractor accepts no responsibility for water ingress through brickwork to chimneys unless an appropriate lead tray has been fitted by the Contractor in accordance with the Lead Sheet Association recommendations. No responsibility is taken by the Contractor for lead works completed by a third party.
d) The Contractor shall not be held responsible for any damage to any internal or external fabric of the building on which works are being carried out or to the decoration or contents of such buildings howsoever caused or for consequential loss arising there from although the Contractor will use every reasonable precaution to try to ensure that this does not happen.
e) The Contractor shall not be held responsible for any deterioration or damage to materials supplied by the Client.
f) The Contractor reserves the right to employ sub contractors when necessary.
16. Site Not Ready
in the event that the Contractor is unable to carry out the works due to failure of the Client to ensure that the site is ready for such works the Contractor reserves the right to charge such additional costs and expenses as has been incurred by the Contractor the minimum charge of which will be £50.00.
17. Claims
a) It is the responsibility of the Client to ensure that the structure of the roof on which works are to be carried out is sufficient and strong enough for the works as ordered by the Client and no claim may be made against the Contractor in the event that this is not so.
b) No claim can be made in any event against the Contractor by the Client which exceeds the contract price for the work carried out by the Contractor.
c) Quotations for works do not, unless otherwise specified, allow for repairs to structural timbers, fascias, barge boards, soffits, guttering and the like.
d) The Contractor shall not be liable for any loss or damage caused by non performance of any of its obligations to the Client due to act of God, war, civil disturbance, government actions, strike, lock out or trade dispute, difficulties in obtaining materials, breakdown in machinery, fire or accident or any other cause whatsoever beyond the control of the Contractor. Should any such event occur the Contractor reserves the right to cancel or suspend the contract without incurring any liability for any loss or damage thereby occasioned.
e) The Contractor reserves the right to refuse to execute any work or contract if the arrangements for payment or the customer’s credit are not satisfactory to the Contractor. The Contractor also reserves the right to cancel every contract made with the Client or to cancel or suspend or discontinue delivery of goods and materials and / or the execution of work and / or the hire of scaffolding or plant at the Contractor’s option without prejudice to the Contractor’s right to recover any loss sustained
18. Bankruptcy
in the event that the customer commits any act of insolvency or has a bankruptcy or winding up order made against him then the Contractor reserves the right to cease carrying out the works immediately and may on giving notice to the Client forthwith cancel the Contract without incurring any liability for any loss or damage thereby occasioned.
19. Adjudication
if any dispute or difference arises under this agreement either party may refer it to adjudication in accordance with the procedures set out in The Housing Grants, Construction and Regeneration Act 1998 and The Scheme for Construction Contract 1998 and any subsequent amendments. The party making reference to adjudication shall apply to the President or Vice President of The Royal Institution of Chartered Surveyors for nomination and appointment of the Adjudicator.
January 2017