Terms Conditions
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Terms & Conditions
Builder North London, Builder Hertfordshire
WGH Building's current Terms and Conditions are published below. These are the terms that we will work to. We do not accept variations to these terms and conditions unless agreed before the work begins. Sanctioning work to proceed will be sufficient for the Employer to be bound to these Terms and Conditions whether or not they have been signed.
Insurance quotes see bottom of page.
Terms & Condition
Builder North London, Builder Hertfordshire.
1). Contractors Obligation
i. In consideration for the payment of the Price Quoted the Contractor agrees to carry out the Works with due diligence and with all reasonable speed in a proper and workmanlike manner.
ii. Where the employer engages a separate contractor to carry out works (e.g. Kitchen Fitting, windows etc.) liability and responsibility passes to the new contractor. The Employer must make the final payment in full in relation to the effected area before the new contractor
2). Plans, Specifications and Approvals.
i. Unless agreed otherwise in writing, the Employer is responsible for arranging with the relevant authorities permission to go ahead with the work and for the work to be inspected. The Employer will be liable to cover the Contractors cost that arise as a result of time delays and any changes in specification introduced by the relevant bodies that effects the original quote. A daily fee will be charged. The fee will include the cost of idle labour (net plus 30%), plant (charge for plant based on hire company rates whether or not owned directly by WGH Building) and capital [interest rate will be at HSBC overdraft rate].
ii. Any plans or specifications that form part of the description of the Works are attached and have been signed by or on behalf of the parties and form part of this Agreement. It is the Employers responsibility to ensure that the specifications in the drawings comply with planning and building regulations and any other legal requirements, and are of sufficient quality to enable the Contractor to complete the Works. The Contractor's responsibility is purely to build to the specifications provided. It is not the Contractor's responsibility to ensure that any documents provided by the client are fit for the intended purposes.
3). Site Access and restricted Parking
i. The Employer agrees to make the site available from the agreed start date until conclusion of the Works; permitting access to work site by the Contractor at all reasonable times.
ii. The employer will be responsible for the provision of parking permits if required. The number of permits required will depend upon the number of operative working on the site on any particular day. All parking fines resulting from a failure to provide permits will be for the employers account. Where a meter payment is required the client will refund these costs. These costs are extra to the contracted price.
4) Variations to the Works
i. Variations to this Agreement will be effective either in writing or through verbal instruction. Written agreements must be signed for by both parties. These Agreements bind and benefit both parties and any successors.
ii. Where the Contractor is required by the Employer to carry out additional work or alterations to the agreed works and requires a written quote, in which case any such work and the fee payable for such work must be agreed between the parties before commencement. The fee for written quotes falls due once the quote is accepted. (A Fee of £400-00 will be charged for providing a written quote).
iii. Where the Contractor is required by the Employer to carry out additional work or alterations to the agreed works and receives a verbal request for the work to be done without a quote this work will be billed at cost plus administration expenses. Payment will be required immediately on presentation of the bill.
iv. Variations will not affect the timing schedule of payments for the original contract.
v. All quotes for work are based upon a foundation depth of one metre. Should circumstances dictate that the foundations depth needs to be increased and or the foundations need to be changed e.g. piled to meet the Building Inspectors requirements then these costs will be passed to the client in full?
5) Payment and Title of Goods
i. The contractor is to be paid a deposit of 30% once the site is cleared in preparation to the commencement of the project. The deposit is non refundable. 40% falls due once the footings have been passed, 27% on completion and the balance once the snagging is complete. Payment is due immediately upon receipt of invoice. The Contractor retains the right to charge interest at the HSBC overdraft rate (outstanding payment will be classified as outstanding if it is older than five working days from the date on the invoice). This condition also applies to dishonoured cheques in which an additional fee of £25.00 will be charged per cheque. Recovery of debt will be made through a third party. Their fees are for the employer. Where a delay to payment is agreed between the parties. Interest will be charged from the agreed payment date.
ii. Title to the goods or materials supplied under this agreement shall pass to the Employer only on receipt of the final payment. The Contractor shall be entitled to bring an action against the Employer for the price of any goods, labour and/or materials supplied but not paid for.
iii. The contractor reserves the right to delay procedures until a pending invoice is settled [pending invoice being defined as an invoice held by the Employer for any reason including administrative and contractual delays agreed to between the parties]. The Employer may not substitute the Contractor for a third party on these grounds without first settling the outstanding invoices, the reimbursement of costs incurred by the contractor and compensation to the Contractor for loss of profit namely 30% of the value of the total contract.
iv. In the event of the Employer failing to make any payment due under the terms of this agreement or otherwise defaulting in any of his/her obligations hereunder or becoming insolvent or having winding up proceedings (whether compulsory or voluntary) commenced against the employer then the Contractor may at their discretion suspend or terminate the supply of any goods and/or services or terminate this agreement and recover any reasonable losses from the Employer.
v. The Employer who decides to cancel the order after work has begun will have to refund the contractor 30% of the original tendered price, plus all expenses the contractor has incurred.
vi. All other disbursements are for the Employers account.
vii. All payments are to be made either by cheque or BACS Sort code 40 20 23 Account 41313983
6) Consequential Losses
The Contractor will not be liable for any loss or consequential liability or damage sustained by the Employer by reason of Act of God, War, Riot, Fire, Government Control, Abnormal Weather, misuse from the Employer or any Persons not connected in any way to the Contractor or any other circumstances beyond the Contractor's control.
7) Subcontracting
The Contractor may Sub-Contract or assign at its discretion all or any part of its obligations under this contract but will remain responsible for the Works.
8) Disposal of Waste
All waste will be disposed of using a licensed waste disposal company. (Any charges that the council may levy excluding the cost of a permit to park a skip on the road will be charged to the Employer as an extra).
9) Joint Liability
Where the Employer consists of two or more people then liability on the part of the Employer under this agreement shall be deemed to be joint and several.
10) Arbitration
Without prejudice to the legal rights of either party, any dispute or difference arising out of or in connection with this contract shall be determined by the arbitration of a single arbitrator who failing agreement shall be appointed by the Institute of Arbitrators or a similar body.
11) Completion Date
The Contractor will make every reasonable effort to complete the work within the timeframe specified.
This date will be extended to take account of:-
a) Any delays caused by the Employer due to the employer adding to or introducing variations to the original contract.
b) Adverse weather conditions
c) The Contractor having due cause to suspend the contract
d) Any other delay not under the control of the Contractor
12) Health & Safety
The Contractor will be responsible for the Health & Safety issues relating to the Works.
13) Specialist Skills required for Damp Proofing/ Damp Problems/ Structural Calculations/ Subsidence/ Ventilation etc.
WGH Building is not a specialist in these areas and will call in specialist advisors who will ensure the work is carried out to industry standards. Costs arising will be charged at net plus administration expenses. The specialist advisor shall provide to the Employer with a certificate that the work conforms to current building standards.
14) Contract
This contract is governed by the law of England and Wales.
I accept these Terms and conditions of contract and agree to abide by its terms.
SIGNED ......................................................... Name .........................................................
Signed by or on behalf of the Contractor
I accept these Terms and conditions of contract and agree to abide by its terms.
SIGNED ......................................................... Name .........................................................
Signed by the Employer
SIGNED ......................................................... Name .........................................................
Signed by the Second Employer
Insurance Quotes
Builder, North London, Hertfordshire, W/Essex.
Insurance quotes will be charged for. Price charged will reflect the amount of work involved to produce the quote. This fee is refundable should the work be awarded to WGH Building.
Customer Relations, Builder, North London, Hertfordshire, West Essex
WGH Building hopes that by publishing the contract it will remove any questions that you may have regarding contractural relations with WGH Building.
Any querries relating to the above contract need to be addressed prior to entering into the contract.
Contact Details
William Henwood
Telephone number 07881 944 077
Email wghbuild@googlemail.com
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