1.GENERAL
a. In these conditions “the Company” is Damax Building Solutions Ltd and the purchaser is the “Customer”.
b. The Customer warrants and confirms that the property at which the works are to be carried out is not in multiple ownership or occupation and that the Customer is the legal owner of the property.
c. All consents (except planning permission and building regulations approval) including in particular those required from any freeholder chief rent owner lessor or mortgagee shall be the responsibility of the Customer and the Company shall be under no liability whatsoever in respect of any failure on the part of the Customer to obtain such consents.
d. The Company will exercise reasonable skill and care in the performance of the works.
2.CLEARANCE AND ACCESS
a. Unless otherwise stated the customer is responsible for clearing the works area itself. The Customer is also responsible for removing items of value and for protecting all parts of the property and its contents wherever these may be situated by covering them or removing them as appropriate.
b. The Customer will give access to the property to the Company its servants and contractors at all reasonable times so that the Company may complete the works in accordance with the contract.
c. The customer will ensure that any soft external structures are removed where required to allow for the scaffold erection/construction.
3.COMPLETION
a. The Company will endeavour to complete the works within a reasonable time, but any times or dates stated for commencement or completion of the works are given as estimates only and the customer shall not be entitled to cancel the contract or to claim damages on the grounds of failure by the Company to meet such times and dates.
b. Shall be completed to a turnkey finish and ready for decoration works if included in the contract.
4.GUARANTEE AND PROTECTION
Subject to the Customer having made full payment of the contract price in accordance with the terms of the contract in addition to the guarantee provide by the Company itself guarantees that for a period of 1 year from the completion it will make good at its discretion free of charge all defects arising during such period as a result of defective materials or faulty workmanship except for any item of plumbing heating or sanitary electrical equipment forming part of the works where in every such case the liability of the Company shall not exceed the liability of the manufacturer of such item under its own form of manufacturers guarantee.
5.THE WORKS
a. All measurements dimensions and sizes of rooms are approximate only and are subject to variation dependent on-site conditions and/or local authority requirements and no such variation will entitle the Customer to cancel the contract or to claim compensation.
b. If planning permission is required for the works, the Company shall undertake the preparation and submission of the application together with the plans to the planning authorities. If planning permission is refused the contract will be deemed to be cancelled and if planning permission is not granted within six months of the submission of such application the Company may at its sole option give notice in writing to cancel the contract.
c. The Company shall comply with the procedures laid down by the building regulations and in the event of building regulations approval not being obtained within six months or in the event of the company’s technical surveyor reporting unforeseen circumstances being encountered on commencement of work which prevent the Company from carrying out the in accordance with the terms of the contract the Company may at its sole option give notice in writing to cancel contract.
d. In the event of cancellation of the contract taking place under clause 5b. or 5c. the Customer shall be responsible for payment to the Company of a sum equal to no more than 5% plus VAT of – the net contract price towards the cost of work undertaken and charges incurred by the Company in surveying design and planning the works but subject thereto no rights or liabilities shall attach to either party by reason of such cancellation and the Customer shall be entitled to the return of the balance of any further deposit paid.
e. Any extra work required by the Customer shall be charged at the rate agreed with the Company.
f. The Company shall be entitled to appoint any sub-contractors to undertake all or part of the works.
6.DRAWINGS AND PLANS
The copyright in all plans drawings and brochures always remains the property of the Company.
7.ACCEPTANCE OF ORDER
Signature by the Customer of the contract shall amount to an order by the Customer but expect to the extent necessary to give full effect of clause 10 the Company shall not be bound by it or to any contract until written acceptance on behalf of the Company has been posted/emailed to the Customer and no addition or qualification to a variation of the printed terms and conditions shall bind the Company unless agreed to in writing.
8.TITLE TO GOODS
The property in the goods and materials used in the works is to remain vested in the Company until all monies due from the Customer to the Company shall have been paid not withstanding that the said goods and materials may have been installed in or affixed to the Customers property and the Customer hereby grants to the Company any irrevocable licences in favour of the
Company and its servants or agents for the purpose of entering the property of the Customer and of repossessing the goods and materials of the Company but such rights are not be exercised by the Company without their giving previous notice in writing to the Customer of their intentions to do so.
9.LIMITATIONS
a. The Company shall be under no liability to pay for any work undertaken by any other contractor engaged by the Customer for whatever reason unless agreed in writing by the Company.
b. Any concession or indulgence allowed by the Company at any time in excursing its rights under
the contract shall not amount to a waiver of such rights.
c. Any and all liability by the Company to the Customer arising in any way whatever shall be limited to the amount of the contract price.
d. The company is no liable for any adverse decisions outside of its control e.g planning consent, building control and all outstanding balances must still be paid.
e. Unless otherwise stated, any quote from the company does not include any fee to the local authorities, e.g. councils planning fees or building control fees ect.
10.SURVEY AND DESIGN
The Customer is signing the order form commissions the Company to undertake the following work:
a. The necessary survey technical inspection and measurements relevant to the area of the works (The Survey Stage).
b. The design and preparation of all relevant sketches drawings plans and calculations for the works. (The Design Stage). And the Customer agrees that in the event of this order nor progressing beyond the Design Stage for whatever reason the Customer shall be responsible for payment to the Company of its Survey Stage costs namely the architectural drawings and any planning or building control fees. The balance of the 5% deposit will be refunded to the Customer if a balance remains.
11.VARIATION
a. If the customer wishes to omit or vary any of the works (or any design or materials) prior to or during the works, they must inform the Company in writing. The company will then supply to the customer a quotation of the cost to provide the variation of contract and the likely effect on the project completion which would need to be agreed by both parties before being added to the works schedule.
b. If a variation is agreed verbally, either the company or the customer will confirm the variation in writing within three working days.
c. The company will inform the customer if any difficulties have arisen which could not have reasonably been foreseen when submitting the quotation, and in these circumstances, a fair and reasonable adjustment to the total project price and completion date will be made.
12. TRAVELLING COSTS
Travel will be charged one way from our company address to site address within a 25-mile radius – this cost will be included within our hourly service rate.
13.PAYMENT OF CONTRACT PRICE
a. This shall be in accordance with the terms of the payment schedule as detailed in the quotation.
b. Payment may only be paid by either, cheque, debit card or bank transfer in favour of Damax Building Solutions Ltd and handed to its accredited agent or representative and in every case the Customer must retain a copy of the contract with the payment indicated thereon.
c. If the client is dissatisfied with any part of a payment notice and wishes to pay less than the amount shown in the payment notice, he must give notice to the company specifying the amount he considers to be payable and the basis on which the amount is calculated. The undisputed part of the payment notice must be paid by the due date and any disputed amount will be dealt with
under clause 13 ‘DISPUTES’ except as stated in this clause, the customer has no right to withhold any money or set off any amount against a payment notice or invoice of the company.
d. If the customer fails to pay any amount properly claimed, the company may suspend all or any of its obligations under the contract until the payment is received after giving at least seven days’ notice to the customer of the company’s intention to suspend works with reasons. Any period of suspension to the works will entitle the company to any reasonable costs incurred as well as an
extension of time to complete the works.
e. Late payment entitles the company to interest at the statutory rate of intertest under the Late Payment of Commercial Debts (Interest) Act 1999 from the due date until the actual date of payment or 8% p.a. above Bank of England base rate if the Act does not apply.
f. The customer shall pay to the Company all valued added tax properly chargeable by the Company to the Customer under the terms of the contract at the rates applicable at the tax point.
g. Any sums of money payable by the Customer to the Company under the terms of the order of contract may be deducted by the Customer from any deposit received prior to returning such deposit or the balance of such deposit to the Customer.
14.DISPUTES
a. The parties will endeavour to settle any dispute of difference amicably or by direct negotiation.
b. If the parties are unable to settle the dispute, it may be referred by party to adjudication in accordance with the CEDR (Centre for effective Dispute Resolution) Adjudication rules. The decision of the adjudicator will be final and binding on the parties unless a notice of dissatisfaction is served by either party on the other within 28 days of the decision.
c. Any dispute that is not resolved by negotiation or adjudication will be finally settled by the courts of England and Wales.
d. The contract is governed by the laws of England and Wales.
15.INSURANCE & LIABILITY
The Company will provide valid evidence of both employer liability insurance and public liability insurance on request.
16. MATERIALS
Where the customer supplies materials to the company free of charge, those materials shall remain the property of the customer and be used solely in connection with the contract. Any materials surplus to requirements shall be returned to the customer or disposed of at the customers’ direction.
Where the Company supplies materials agreed by the client and is requested to replace or return said materials by the client, a handing charge of 10% will be charged to lever administration and/or postage to return said item(s).
17.TERMINATION
a. The contractor may give notice to terminate the contract if the customer fails to make payment to the contractor within the required date payment date or commits any other material breach of contract.
b. The customer may give notice to terminate the contractor commits a material breach of the contract and in the case of a breach capable of remedy, fails to take steps to remedy the breach within 28 days of being requested to do so in writing.
c. Either party may terminate the contract if the other party becomes insolvent or has a receiver, manager or administrative receiver or liquidator appointed.
d. Termination will not affect the accrued rights and liabilities of the parties at the termination date.
