Terms And Conditions

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1. DEFINITIONS

1.1 “the customer” means the other contracting party

1.2 “the work” means all works carried out in accordance with the specifications contained in the quotation supplied by Boarshurst Building Contractors to the Customer and in accordance with any other specifications contained in plans drawn up by Boarshurst Building Contractors for the Customer.

1.3 “the conditions” means the standard terms and conditions set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between Boarshurst Building Contractors and the Customer.

1.4 “Agreement” means the Agreement for the provision of the work.

1.5 “Writing” includes telex cable facsimile transmission electronic mail and comparable means of communication.

2. BASIS OF THE AGREEMENT

2.1 Boarshurst Building Contractors shall carry out and the Customer shall accept the work in accordance with the written quotation provided by Boarshurst Building Contractors subject to these conditions.

2.2 No variation of these conditions shall be binding unless agreed in writing between the authorised representatives of Boarshurst Building Contractors and the Customer.

2.3 Boarshurst Building Contractors employees or agents are not authorised to make any representations concerning the work unless confirmed by the Firm in writing. In entering into the Agreement the Customer acknowledges that it does not rely on any such representations which are not so confirmed.

2.4 Any variation or qualification to the Agreement shall not be valid until a price for such has been agreed between the parties and the proprietor of Boarshurst Building Contractors has confirmed such agreement in writing.

2.5 Any typographic clerical or other error or omission in any sales literature quotation price list acceptance of offer invoice or other document or information issued by Boarshurst Building Contractors shall be subject to correction without any liability on the part of Boarshurst Building Contractors.

3. THE PROPERTY

3.1 The Customer warrants and confirms that the premises at which the work is to be carried out (“the property”) is not in multiple ownership or occupation and that the Customer is the legal owner of the property. The Customer will give access to the property to Boarshurst Building Contractors its servants and workmen at all reasonable times so that Boarshurst Building Contractors may complete the work in accordance with the Agreement.

4. PRICE AND PAYMENT

4.1 Prices quoted are exclusive of VAT which will be charged at the rate applicable on the date of the actual tax point.

4.2 Prices are strictly net unless otherwise stated and may be adjusted if an alteration or imposition of government tax is imposed after the date hereof.

4.3 The price of the work shall be the price confirmed in writing by Boarshurst Building Contractors and Boarshurst Building Contractors reserve the right by giving notice to the Customer at any time before completion of the work to increase the price payable under the Agreement to reflect any increase in the cost to Boarshurst Building Contractors which is due to any factor beyond the control of Boarshurst Building Contractors (such as without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the cost of labour, materials or other costs of manufacture) any change in delivery dates, quantities or specifications for the work which is requested by the Customer or any delay caused by any instructions of the Customer or failure of the Customer to give adequate information or instructions.

4.4 Subject to any special terms agreed in writing between Boarshurst Building Contractors and the Customer Boarshurst Building Contractors shall be entitled to invoice a customer for the price of the work on or at any time after completion of the Agreement or in accordance with the terms specified in this document.

4.5 If for any reason any stage payment remains unpaid by the Customer for a period of fourteen days after the date the same became due and payable Boarshurst Building Contractors shall have the right to give written notice to the Customer forthwith terminating this Agreement without prejudice to any other rights or remedies which may be available to Boarshurst Building Contractors.

4.6 Should for any reason payment due to Boarshurst Building Contractors remains unpaid for fourteen days from the date when the same became due and payable Boarshurst Building Contractors shall have the right to charge interest on all monies then outstanding at the rate of 4% per annum above the base rate for the time being of National Westminster Bank PLC until the balance is paid.

4.7 The Customer hereby charges the property with payment of all funds payable under the terms of the Agreement.

5. DELIVERY AND RISK

All dates specified to the Customer are estimates only and whilst the Company shall use its reasonable endeavours to meet such dates it shall not have any liability for delay or for any damage or losses sustained by the Customer as a result of such date not being met.

6. QUALITY AND SATISFACTION

6.1 The work shall be completed within a reasonable time provided that any dates quoted for completed are approximate only and Boarshurst Building Contractors shall not be liable for any delay in completion of the work however caused. Time for completion of the work shall not be of the essence of the Agreement unless previously agreed by Boarshurst Building Contractors in writing. The Agreement may be completed in advance of the quoted completion date upon giving reasonable notice to the Customer.

6.2 The work shall be completed to a structural finish only and no form of decorating or preparation for decoration other than the wall finish specified in the quotation is included in the Agreement price.

 6.3 No responsibility is accepted by Boarshurst Building Contractors for any loss or damage caused whether by Boarshurst Building Contractors its servants agents employees or otherwise to the fittings decorations floor coverings paint work furnishings structures and ornaments of the property during the course of the building work. It is the Customer’s responsibility to clear the means of access to the Property and to all areas where the work is to be carried out and to remove all items of value from such areas. If the Customer is in any doubt then Boarshurst Building Contractors representative will be pleased to give guidance.

 6.4 Subject to the conditions set out below Boarshurst Building Contractors confirms that the completed works will correspond with their specification at their time of delivery and will be free from defects in material and workmanship for a period of twelve months from date of completion. The above confirmation is given by Boarshurst Building Contractors subject to the following conditions:

 6.4.1 that Boarshurst Building Contractors shall be under no liability in respect of any defect in the work arising from any drawing, design or specification supplied by the Customer

 6.4.2 Boarshurst Building Contractors shall be under no liability in respect of any defects arising from fair wear and tear wilful damage negligence abnormal working conditions failure to follow Boarshurst Building Contractors’ instructions (whether oral or in writing) misuse or alteration or repair to the work without Boarshurst Builiding Contractors’ approval.

 6.4.3 Boarshurst Building Contractors shall be under no liability unless the total price for the work has been paid by the due date for payment.

 6.4.4 The above confirmation does not extend to parts materials or equipment not manufactured by Boarshurst Building Contractors in respect of which the Customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to Boarshurst Building Contractors.

7. TITLE

7.1 Notwithstanding completion of the Agreement the work shall not pass to the customer until Boarshurst Building Contractors has received in cash or cleared funds payment in full of the agreement price and title will remain with Boarshurst Building Contractors and the Customer will afford access to the property for Boarshurst Building Contractors at all reasonable times to all Boarshurst Building Contractors to remove any goods and materials installed.

8. AMENDMENTS OR CANCELLATIONS

This Agreement shall not be amended or cancelled except with Boarshurst Building Contractors’ written approval and upon terms which indemnify Boarshurst Building Contractors against all losses including loss of profit or additional costs resulting therefrom.

9. RIGHT TO ASSIGN

9.1 Boarshurst Building Contractors may assign all or any of its rights under this Agreement and perform any of its obligations through sub-contractors.

9.2 This Agreement shall not be assigned by the Customer without Boarshurst Building Contractors’ prior written consent.

10. VAT

10.1 VAT may be calculated on the Agreement at the rate in force at the date of this Agreement and in the event of a change in the rate of VAT Boarshurst Building Contractors will be required by HM Customs and Excise to amend the rate to that which applies on the date of installation.

11. GENERAL

11.1 Boarshurst Building Contractors reserves the right to decline this Agreement following specialist technical reports.

 11.2 Any dispute arising or in connection with these conditions shall be Referred to arbitration by a single arbitrator appointed by agreement nominated on the application of either party by the President for the time being of the R.I.B..

12. FORCE MAJEURE

Neither party shall be liable to the other for any failure to perform their obligations hereunder due to or arising out of any force majeure event which renders it impractical or partially impractical for either party to perform all or part of its obligations under this Agreement.

13. GOVERNING LAW

These conditions shall be governed construed and shall take effect in accordance with the Laws of England and shall be subject to the jurisdiction of the English Courts.

14. SEVERABILITY

If any of the words or provisions of these conditions shall be deemed to be invalid for any reason then the conditions shall be read as if the invalid provisions had to that extent been deleted therefrom and the validity of the remaining provisions of these conditions shall not be affected thereby.

15. RIGHT TO CANCEL

Your statutory rights to cancel this Contract are valid for 14 days from signing the Contract, all deposits or initial payments will be returned in full, unless any Administration / Drawings or Design Fees apply.