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1. |
DEFINITIONS |
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In these Conditions: |
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| "Contract " |
means Better Joinery Limited; |
| "Contract Price" |
means the price payable by the Client to the Contractor for the Works, as varied in accordance with these conditions; |
| "Client" |
means the person named as such in the Quotation; |
| "Quotation" |
means the Contractor's signed Quotation referring to these Conditions; |
| "Works" |
means the Works as described in the Quotation. |
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2. |
CONTRACT FORMATION
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Acceptance of the Contractor's Quotation by the Client constitutes a Contract for the Contractor to carry out the Works in accordance with these Conditions and all terms and conditions inconsistent with these Conditions are excluded. |
3. |
GENERAL OBLIGATIONS |
3.1 |
The Contractor will exercise reasonable skill and care in the performance of the Works. |
3.2 |
The Client will give the Contractor access to its premises as reasonably required by the Contractor to enable it to carry out and complete the Works without interference by the Client or by other contractors of the Client. |
4. |
VARIATION |
4.1 |
If the Client wishes to vary any of the Works it will inform the Contractor who will, as soon as practicable, notify the Client of the estimated cost of the variation and the effect on the Contract period. |
4.2 |
Unless the Client withdraws his request for a variation when he receives the Contractor's estimate, the Contract Price will be adjusted in accordance with the Contractor's estimate (or as otherwise agreed between the Client and the Contractor) and an appropriate extension of time for completion of the Works shall be agreed.
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4.3 |
If a variation is made orally, either the Contractor or the Client will confirm it in writing within 3 working days. |
4.4 |
The Contractor will notify the Client if it encounters any difficulties which it could not have reasonably foreseen when submitting the Quotation and in those circumstances, a fair and reasonable adjustment to the Contract Price and Contract period will be made.
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4.5 |
The Contractor reserves the right not to comply with any requests for a variation which would increase the value of the Works by more than 25% of the original Contract Price. |
5. |
CONTRACT PRICE & PAYMENT |
5.1 |
The Contract Price is stated in the Quotation and it may be varied in accordance with these Conditions. |
5.2 |
The Client shall pay the Contractor the Contract Price in accordance with the payment terms in the Quotation. |
5.3 |
Late payment entitles the Contractor to interest at 8% above the Bank of England’s base rate and surcharge of £30 per overdue invoice from the due date until the date of actual payment. |
6. |
INSURANCE |
6.1 |
The Contractor shall take out and maintain the following insurances (except as otherwise agreed or stated in the Quotation): |
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- Construction All Risks insurance for the full reinstatement value of the Works in the joint names of the Client and the Contractor (unless the Works are in an existing building, when 6.3 will apply).
- Public Liability Insurance for £ 1,000,000.
- Employer's Liability Insurance.
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6.2 |
The Contractor will provide the Client upon request during the Contract period evidence that the insurances are in place. |
6.3 |
Where the Works are to be carried out in an existing building, the Client will be responsible for insurance of the Works with the Contractor named as co-insured. |
7. |
HANDOVER & DEFECTS LIABILITY |
7.1 |
The Contractor will give the Client notice of its intention to hand over the Works and give the Client the opportunity to inspect the Works prior to handover. The Contractor will confirm the date of handover to the Client. |
7.2 |
The Contractor will be responsible for remedying defects in the Works which appear within 36 months from the date of handover and which are promptly notified to the Contractor by the Client who will give the Contractor full access to carry out any remedial works. |
7.3 |
The Contractor will have no liability to the Client, in contract or in tort, for any indirect or consequential loss incurred by the Client, including but not limited to loss of use or loss of profit. The sole responsibility of the Contractor will be to remedy defects for which it is responsible and which are notified to it during the 36 months defects liability period. |
8. |
TERMINATION |
8.1 |
The Contractor may give notice to terminate the Contract if the Client fails to make any payment becoming due within 30 days of the due date or commits any other material breach of the Contract. |
8.2 |
The Client may give notice to terminate the Contract if the Contractor commits a material breach 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. |
8.3 |
Either party may terminate the Contract if the other party becomes insolvent or has a receiver, manager or administrative receiver or liquidator appointed. |
8.4 |
Termination will not affect the accrued rights and liabilities of the parties at the termination date. |
9. |
GENERAL |
9.1 |
Notices |
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All notices shall be in writing and effective when delivered to the address for service of the recipient as shown on the Quotation, or to another address of which notice has been given under this clause. Notices sent by post shall be treated as delivered 2 working days after posting.
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9.2 |
Assignment |
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Neither party will assign any of its rights or obligations under the Contract without the prior written consent of the other. |
9.3 |
Disputes |
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Every dispute shall be finally determined by the courts of England. |
9.4 |
Governing Law |
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The Contract shall be governed by the laws of England. |
9.5 |
Entire Agreement |
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The Quotation and these Conditions constitute the only agreement between the parties and supersede any previous arrangements, agreements or understandings relating to the Works. |
