Terms and conditions
Our main obligations to you:
- We will carry out the work with all reasonable skill and care according to the ‘anticipated’ timetable agreed with you
- We will provide you with a guarantee that covers both the installation and the goods installed
Your main obligation to us:
- You may be asked to pay a deposit before you sign the JCT contract. This will not exceed £1000 plus VAT and is included in the estimate price provided
- You will be asked to make additional staged payments. This will not, when taken together with the deposit, be more than 90% of the total JCT contract price
- It is your responsibility to obtain the necessary permissions and approvals for the work to take place
- If you fail to pay on time we may stop work, and charge additional costs
- If you cause the work to be delayed, we may stop work and charge reasonable additional costs
- ACCEPTANCE OF PROPOSAL
1.1 The written Estimate is dated and is valid for a period of 30 days. The Estimate is provided on the basis that no JCT contract is in place until we send an acknowledgement of the order to you.
1.2 In the JCT contract we will rely upon the written terms set out in these terms and conditions of supply. Please read them carefully before signing the JCT contract. If you need any explanations about these terms and conditions please write or telephone us at the address and telephone number provided. If any amendments to the JCT contract are required you must confirm these in writing and they must be agreed by an authorised representative of this Company.
The “Cooling Off Period”
1.3 You can cancel the JCT contract by sending us written notice using the address provided. You must send that written notice no later than 3 working days after the date on which the JCT contract was signed; this right is known as the “Cooling Off Period‟. If you cancel after that period, then unless we are in breach of this JCT contract, the conditions set out in section 9.1.1 of these terms and conditions will continue to apply.
- Our MAIN OBLIGATION to you is to do the work with all reasonable skill and care in accordance with the Estimate.
2.1 We agree to carry out the work with all reasonable skill and care in the design and installation of the extension as described in the JCT contract. The goods we supply must:
- be of satisfactory quality
- be fit for purpose
- operate as we described to you
2.2 We agree to supply the goods and carry out the installation work within an ‘anticipated ‘ timetable to be agreed with you. Your acceptance of these terms indicates that you agree to proceed using that timetable.
2.2.1 We may adjust the timetable after discussing this with you according to the conditions set out in section 8 of these terms and conditions.
- Your MAIN OBLIGATION to us is to make the payments due to us
3.1 You will pay us the deposit specified in the Estimate. The deposit shall not amount to more than £1000 inc VAT and is non refundable.
3.1.1 If you pay the deposit before we have inspected your house, and if we find during that inspection that the installation cannot proceed, then we will promptly refund that deposit to you in full.
3.1.2 If after a technical survey, but before a planning application is submitted, a revised estimate for the project represents an increase of more than 10% of the approved original price estimate, for example, due to unforeseen technical challenges, you will have the right to either proceed, or terminate the agreement and be refunded the deposit payment.
3.2 We will require you to pay a further advance payment during the construction of the extension. Such further advance payments, taken together with the deposit, will be no more than 90% of the total price shown in the JCT. All payments will only be used to carry out this installation, for example to purchase goods and pay for labour for your extension.
3.3 We will not ask you to pay in advance more than 90% of the total JCT contract price.
3.4 If we fall into receivership, administration or bankruptcy your deposit and advance payment, if any, will be protected as detailed in section 5 of these terms and conditions.
3.5 The balance outstanding on the JCT contract price, or the price inclusive of any verbally or written authorised variation orders, is due on completion and hand over of the extension. We will issue you with an invoice when the work is complete.
3.5.1 You will not be entitled, due to any alleged minor defect, to withhold more than a proportionate amount of the outstanding balance. If you do withhold any amount after the due date because of any alleged minor defect you must give us notice before the final date on which payment is due. In that notice you must also state the reasons you are withholding the payment.
Consequences of late payment
3.6 If you fail to pay the amount specified in an invoice by the due date then we may charge interest until the full amount is paid. The interest rate we charge will be 3% above the base rate set by the Bank of England.
3.6.1 If we do not receive payment by the fifth day after payment is due, then we may give you written notice that we intend to stop work on the installation.
Once we have sent you this written notice, we may suspend all work until payment is made.
3.6.2 If you are in breach of these terms and conditions because you have failed to make an agreed payment, and we have suspended work on the installation, as detailed in section 3.6.1, then we may be entitled to recover any additional costs we incur. We will provide you with written notice containing full particulars of any claim for compensation within 21 days of any suspension of work.
3.7 We may require you to return and deliver up the goods to us. Failing this we will take legal proceedings to recover the goods or their outstanding value.
- Your other obligations to us
4.1 You must obtain all relevant permissions (such as planning consent) that are necessary before we start work on the installation. If we ask to see those permissions (and related drawings and/or specifications) you must make those available.
Supply of services
4.2 You must agree to provide the following for our use free of any charge:
- Clean hot and cold running water, washing facilities and toilet facilities. In certain circumstances we may arrange a separate toilet facility, to be agreed prior to any on site works commencing
- electricity supply
- adequate storage space
- safe and easy access to your property from the public highway
4.3 You, or a contractor you directly employ, may need to carry out preparatory work before the installation described in the Estimate can start. If so, we will describe this to you either verbally or in writing. This work must be finished before the agreed date on which installation work is due to start. This work must be undertaken by competent persons and must be of the necessary quality for the installation. If this preparatory work is not finished before the agreed date on which the installation is due to start, then the conditions described in section 8 of these terms and conditions will apply.
4.4 Should you be in breach of conditions set out in 4.1, 4.2 and 4.3 of these terms and conditions you may incur additional costs due to delay and/or provision of additional services. You may be required to pay reasonable compensation to cover those extra costs. If this happens then section 7 of these terms and conditions will apply.
- Delivery, Title and Risk
5.1 We will deliver the goods to the location detailed in the Estimate, at this point liability and responsibility for the goods and materials rest with you.
The Client Account
5.2 We may place your deposit and advance payment made before the goods have been delivered to your property in a special “client‟ or other third party bank account or dedicated “customer‟ bank account. This money can only be used for work carried out under the JCT contract.
5.3 If we should fall into receivership, administration or bankruptcy then the money in that dedicated bank account will be returned to you or passed to another supplier who will complete the work.
5.4 Where your money has been used to make specific purchases on your behalf, then legal title to those goods, or the proportion of them you have paid for, will pass to you. We must either deliver them to you or label them as belonging to you. Where the goods are stored by us then we must keep those goods separate from our own goods and those of third parties. We must also keep the goods stored, protected, insured and identified as your property until they are delivered to you.
5.5 Goods belonging to us may be delivered to the site. If the JCT contract is terminated early for reasons detailed in section 9.1.1 of these terms and conditions then, with reasonable notice, you must return and deliver the goods to us. If this happens then we will reimburse you if any of your money was used to purchase a proportion of the goods. If you do not return the goods to us, we retain the right to take legal proceedings to recover the goods or their value.
5.6. If the JCT contract is terminated early for reasons detailed under section 9.4 of these terms and conditions then, with reasonable notice, you must return and deliver the goods to us. If this happens you may have to pay compensation for reasonable costs or losses reasonably incurred. This may be deducted from any deposit or further advance payment you have already made.
5.7 Until ownership of the goods passes to you, you must:
- store the goods securely and separately in such a way that they remain readily identifiable as our property
- not destroy, deface or obscure any identifying mark or packaging on or relating to the goods
- maintain the goods in a satisfactory condition
6 Change of work
6.1 If, after signing the JCT contract, you want to change the work, you must consult with us first. We may be able to incorporate your changes into the installation provided that:
- it is technically possible
- we have the necessary resources
- the necessary permissions are in place
6.2 If we agree to this change of work you must
- confirm this in writing; and,
- do so within 14 days of when you first tell us
6.3 We will then adjust the price:
- by written agreement beforehand, if possible; or if not then
- by later written agreement; or if not then
- by referring to any priced documents, if this applies; or if not then
- by a reasonable amount for the work done or goods supplied
6.4 Every change that requires additional or revised work will incur an administration charge of £300 plus VAT, which is in addition to any costs of undertaking the additional work or revised work.
6.5 Any subsequent alterations to the design once planning permission has been granted e.g. revisions to planning drawings and/or re-submission of an application will be charged at an hourly rate of £95 plus VAT, in addition to the necessary costs charged by the relevant authority if incurred.
7 Unexpected Work
7.1 The hourly cost that would result from any unexpected work due to site conditions or special circumstances beyond our control is £75 plus VAT per operative. The daily rate per operative is £500 plus VAT, the number of operatives required on site is to be reasonably decided by us.
7.2 Where unexpected work arises, we will tell you and ask how you want us to proceed. If you want us to continue then section 6.3 of these terms and conditions will apply.
7.3 If after an electrical survey by a competent person it is determined that improvement works are required to the existing house electrical system, you will need to pay for these works unless they are itemised in the Estimate. The costs to replace a domestic consumer unit is £600 plus vat. The cost to upgrade earth bonding is £200 plus vat.
8 Changes to Agreed Timetable
8.1 We will make every effort to complete the work by the time agreed with you. You must appreciate, however, that sometimes delays may occur for reasons beyond our control. We cannot be held responsible for those delays. If such delays occur we will complete the work as soon as possible.
Consequences of delay caused by you
8.2 We will seek to accommodate small delays without recourse to compensation.
8.3 If the work is delayed or lasts longer than expected for any reason within your control, we will adjust the price accordingly, as shown in section 6.3 and subject to section 7 of this JCT contract.
9 Cancellation of this JCT contract
9.1 As detailed above in section 1.3 of these terms and conditions, you can cancel the JCT contract by sending us written notice no later than 3 working days after the date on which the JCT contract was signed.
9.1.1 If you cancel the JCT contract after the period referred to in sections 9.1 and 1.3 of these terms and conditions then you may have to pay compensation for costs or losses reasonably incurred. We will try to keep those costs to a minimum. We have a right to retain all or part of your deposit and further advance payment, if made, as a contribution.
9.2 If there is a serious delay to the delivery of goods for reasons that are outside your control, but within our control, then you may be entitled to cancel the JCT contract and receive an appropriate refund.
You can seek those remedies if what we supply or install is faulty, incorrectly described or not fit for purpose. You cannot seek those remedies if you change your mind about the JCT contract or you decide you no longer want some or all of the components.
9.4 If you are in serious breach of your obligations as set out in these terms and conditions and you fail to remedy that breach within 5 days of receiving written notice from us about that breach, then we have a right to cancel the JCT contract. We must give you reasonable opportunity to rectify the alleged breach.
9.5 If we suffer a loss as a result of your breach of JCT contract, we must take reasonable steps to prevent the loss from getting worse. If your breach of JCT contract leads to a cancellation then you may have to pay compensation for reasonable costs or losses reasonably incurred.
10 Conciliation and arbitration
10.1 If at any time a dispute arises between you and us which cannot be resolved amicably then both you and we can refer the matter to conciliation. We must agree to conciliation if that is your wish.
10.2 After considering all the evidence, either in writing, or in a face-to-face mediation, the expert will make recommendations for resolving the issue. Neither party will be bound by these recommendations, though both are strongly encouraged to accept them in the interests of resolving the dispute speedily and effectively.
10.3 If the conciliator’s recommendations are not acceptable for any reason, you can refer the matter to the independent arbitration service and we must agree to arbitration if that is your wish. If we would like to seek arbitration then we must seek your permission first. You will have to pay a fee equivalent to the County Court small claims procedure fee. This fee will be refunded to you if the arbitrator finds in your favour.
10.4 The outcome of the arbitration process will be legally-binding and enforceable. An award made under the independent arbitration service will be final and binding on you and us. You and we may only challenge the award on certain limited grounds under the Arbitration Act 1996.