1.1 ‘CLIENT’ means you
‘COMPANY’ means A Sullivan (Builders) Ltd of 33 Stanley Road, Teddington, Middlesex TW11 8TP
‘CONDITIONS’ means the terms and conditions in this document
‘CONTRACT’ means the contract for execution of works
‘WRITING’ includes telex, cable, facsimile transmission and comparable means of communication
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
2. Instructions and specifications
2.1 No instruction submitted by the Client shall be deemed to be accepted by the Company unless and until confirmed in Writing by the Client.
2.2 Unless the Client is otherwise advised in writing, the Client shall be responsible for:
2.2.1 Removing any obstructions and clearing the room of any furniture or fixtures including carpets.
2.2.2 Removing vehicles or any other obstructions restricting access to the site.
2.2.3 Any unforeseen or extra work whether necessary or requested shall be at the cost of the Client.
3. Price of materials
3.1 The price of Materials shall be the Company’s estimated price. Prices estimated are valid for 30 days only, after which time they may be altered by the Company without giving notice to the Client..
3.2 The Company reserves the right, to increase the price of the materials to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company, any change in delivery dates, quantities or specification for the materials which is requested by the Client.
4. Terms of payment
4.1 A deposit of 30% will be required should the cost of the estimate exceed £1000.
4.2 The balance of the price shall be paid to the Company on completion of work or receipt of invoice, such price to be paid in full including VAT, without deducting whatsoever, set off or deduction in respect of any claim the Client thinks he may have against the Company.
4.3 The Client shall pay the invoice in cash or by way of cheque or bank transfer made payable to A Sullivan (Builders) Limited within 10 days from date of invoice.
4.4 If the Client fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to, charge interest at the rate of 2% per month from the payment due date until the date of actual payment.
5.1 The Company will give reasonable notice to the Client of the date of delivery and/or installation of goods.
6. Risk and property
6.1 Ownership of Goods shall not pass to the Client until the Company has received in cash or cleared funds payment in full for the Goods.
7. Warranties and liability
No liability is accepted by the Company for:-
7.1 Paint which may dull due to weathering and accept no liability for damage done to Materials by detergents and abrasives which should not be used on the Materials.
7.2 Painted hardwood surfaces which may not be perfectly smooth due to uneven absorption of microporous paints and the Client is advised that natural acids in certain timber species may also be visible over time and that it is the Client’s responsibility to protect timber surfaces by using a good proprietary wood preservative at least every two years.
7.3 The company is not liable for any inherent structural defect in the Client’s property that becomes apparent whilst works are carried out.
7.4 Works to bay roofs, mansard vertical and dormer cheeks are not included in an estimate unless specifically mentioned.
7.5 No responsibility will be accepted by the Company for damage that may occur to a ceiling through vibration on applying battening, decking, slating/tiling or tacking of under felt.
7.6 Prior to the commencement of works it will be the responsibility of the Client to clear the room of furniture and fixtures including carpets.
7.7 Please read the estimate carefully, all works allowed for should be mentioned. If you expect or were told that any works would be carried out other than those that have been mentioned in the estimate, please contact our office and inform us before the works commence.
7.8 No allowance has been made in this estimate for the replacement of soffit boarding, fascia boarding, any other woodwork or structural repairs of any type.
7.9 The Company shall not be liable to the Client or be deemed to be in breach of Contract by any reason of any delay in performing, or a failure to perform, any of the Client’s obligations, if the delay or failure was due to any cause beyond the Company’s reasonable control, such as:
Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; Acts, restrictions, regulations, Bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; Import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party); Difficulties in obtaining raw materials, fuel, parts or machinery; power failure or breakdown in machinery.
7.10 Shrinkage or expansion to timber materials once installed.
7.11 While every possible consideration and care will be taken of the Client’s property and possessions, the Company can accept no liability for any damage to any wall or floor surface or to any items of the Client’s property which are left within the working area.
7.12 The company shall not be liable for aerials or satellite dishes. If they are deemed to be an obstruction and need to be moved, no liability will be accepted. It will be the responsibility of the client to arrange for them to moved. If it is necessary for the company to move the aerial or satellite dish no liability will be accept. It will be the responsibility of the client to arrange for an aerial contractor to reinstate the aerial or satellite dish.
8.1 Any notice to be given by either party shall be in Writing or to the address in these conditions.
8.2 No waiver by the Company of any breach of the Contract by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
8.3 If any provision of the Conditions is held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provision of the Conditions and the remainder of the provision in question shall not be affected.