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TERMS & CONDITIONS OF TRADE
Chew Valley Construction Limited ("we or us")
Our customer ("you or your")
We may at any time, subcontract or deal in any other manner with all or any of our rights under the these conditions and may subcontract or delegate in any manner any or all of our obligations under any contract to which these conditions apply, to any third party or agent but we shall remain responsible for the contractual acts and defaults of our subcontractors.
We shall not assign, transfer, mortgage, charge and you may not, without our prior written consent, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of our/your rights or obligations under any contract to which these conditions apply.
No person other than a party to a contract to which these conditions apply shall have any rights to enforce its terms.
FORMATION OF CONTRACT
All orders are subject to these terms and conditions and the placing of an order by you will be treated as an offer to us to supply goods and services subject to these conditions. These conditions may not be modified or varied unless we agree in writing and we shall not be deemed to accept any other conditions nor waive any of these conditions by failing to object to provisions contained in any order or other communication from you.
No person has authority on behalf of us to vary any condition except one of our directors or our company secretary, and then only in writing signed by such a director or the secretary.
A quotation issued by us is an invitation to you to place an order to carry out the works specified at the price specified, that invitation will only remain open for thirty days from the date of the quotation. A legally binding contract shall only be formed once we issue our acknowledgement of order or if sooner when we start work on your order.
Our quotation (if any), your order and our acceptance constitute the entire agreement between the parties. You acknowledge that you have not relied on any other statement, promise, representation, assurance or warranty made or given by us or on our behalf.
We will provide the materials for and carry out the works in accordance with the specification in our quotation in all material respects and shall use reasonable care and skill in doing so.
We shall use reasonable endeavours to meet any performance dates specified in our quotation but otherwise to complete the works in a reasonable time. We shall not, in any circumstances, be responsible for any damage (whether liquidated damages or otherwise) that you may suffer under any other contract even if this is caused by our delay. Delays among other things could be caused by weather, manufacturer and sub-contractor lead times, slow decision making by you or your representative.
In the event of any dissatisfaction with any work executed, such dissatisfaction should be notified to us in writing within one week of receipt of our invoice in respect of the work in question. Failure so to notify we shall be deemed to indicate satisfaction on the part of you with the work done.
(i) travel to and from the our principal place of business at our standard rate per mile;
(ii) the day work rate for the time spent by our personnel travelling;
(iii) parking fees, tolls and permits;
(iv) additional items/day work costs incurred as a direct or indirect result of the return visit to the site may be recharged at the following premium rates or as we determine from time to time:
a. plant and equipment: cost plus 25%;
b. materials: cost plus 25%;
c. subcontractor's or supplier's: cost plus 25%; and
d. additional labour of our personnel: gross employment cost plus 150%
Once we have accepted your order, the specification of the works may only be changed in the following manner.
If you request any change to the specification or the works or we consider that additional works are necessary in order to continue the works, we will issue a revised quotation/estimate for those additional works but we shall not be obliged to start work on them until that further quotation/estimate has been accepted and we have accepted as a variation of your order.
(i) we consider to be necessary to comply with any applicable law or safety requirement, or
(ii) do not materially affect the nature or quality of the works,
and we shall notify you of any such changes at the earliest opportunity
DESCRIPTIVE MATTER AND ILLUSTRATIONS
All descriptions, specifications, drawings and particulars of weights and dimensions issued by us are approximate only and are intended only to present a general idea of the goods or materials or job of work to which they refer and shall not form part of the contract.
Any quotation issued by us includes only the provision of such labour, plant and materials as are expressly specified therein.
All drawings, specifications, descriptions and other information submitted by us to you shall remain our property together with the copyright therein and may not be used by you to obtain quotations from any other supplier without our express written consent and subject to payment of such charge as we shall require.
If we have not had any previous dealings with you, you are requested to furnish two trade references and one banker's reference. No work will be undertaken or orders placed for goods or materials until we have approved such references, unless full payment as per our quotation is made in advance.
Quotations are based on current rates. Any increase in the cost of labour, plant or materials occurring between the date of quotation and completion of the work will be recoverable by us from you together with an appropriate adjustment for overheads.
VALUE ADDED TAX
Where chargeable, Value Added Tax will be charged at the rate or rates applicable during the period over which the work is carried out.
Our terms of payment for each job or contract are 14 days from the date of our invoice or as set out on our quotation and time for payment shall be of the essence of the contract.
If we are not satisfied as to your creditworthiness we may in our absolute discretion withdraw or cancel these credit terms and having informed you that the goods or materials are ready for delivery, refrain from delivering the goods or materials or from performing the works until such time as you tender the agreed payment for such goods, materials or works or provide collateral security, in a form satisfactory to us.
If any invoice is not paid in full within the period allowed for payment in our quotation, then we shall have the right (in addition to any other rights we may have)
(i) to suspend all work until the outstanding amount is paid
(ii) to demand immediate payment of all sums owed to us whether or not the same have fallen due, and
(iii) to be paid interest (both before and after judgment) from day to day on any sums due to us which remain unpaid at the rate of eight (8) per cent per annum above the base rate of Lloyds Bank plc from time to time from the due date until payment in full is made.
TITLE TO GOODS AND MATERIALS
We and you expressly agree that until we have been paid in full for all work done by us and all goods and materials delivered to you by us under this or any other contract:-
(i) All such goods and materials remain our property although the risk therein passes to you at the time when delivery is made.
(ii) Until such time as the property in the goods and materials passes to you, you shall keep the goods and materials as our fiduciary agent and bailee, and shall keep the goods and materials separate from those of you own and third parties and properly stored, protected and insured and identified as our property.
(iii) We may recover such goods and materials at any time from you if any monies due and owing from you to us remain unpaid and for that purpose our servants and agents shall be entitled to enter upon any land or building upon or within which the goods or materials are situated.
(iv) If such materials have been incorporated into other products, with the addition of your materials or those of others, the property in those products is upon such incorporation ipso facto transferred to us and you, as bailee of them for us, shall store the same for us in a proper manner and without charge to us.
(i) provide us and our representatives, safe and unobstructed access to the site to facilitate delivery of goods and materials, unloading and storage and to perform the works; and
(ii) clear and prepare the site for the supply of the works and provide suitable facilities for the safe storage of materials on the site.
USE OF AMENITIES
Unless otherwise expressly agreed in writing, quotations are given and work undertaken on the basis that you will provide (without making any charge to us) reasonable access to and use of such amenities as shall be necessary for the proper execution of the work including (but without limitation) water, electricity, telephone and toilets.
If our work force is held up or delayed for any reason (otherwise than as a result of our default) we shall not be liable for any consequences of such delay and where such delay is due to any act or default of you we shall be entitled to recover from you all losses and expenses incurred by or levied against us including those through standing or lost time travelling time and the like in addition to payment for the work and materials at our then current rates.
LIMITATION OF LIABILITY
Our liability in respect of all work done by it shall be limited to rectify in our own work (or that of our subcontractors) found to be defective within six months of completion of the works. The commencement of work by us shall not imply any acceptance or warranty as to the correctness, suitability or stability of the foundations of supporting structure nor of the specification of the work unless that specification was prepared by us as part of the agreed scope of our work. We shall not be under any further liability howsoever arising and all conditions and warranties implied by or under statute custom or trade usage are hereby expressly excluded to the extent permissible by law.
Nothing in this clause shall limit or exclude our liability for death or personal injury in any way.
Where we are dealing with your as a consumer, the exclusions contained in this clause shall not apply and your statutory rights are not affected by these conditions.
Once accepted your order may not be cancelled without our prior agreement in writing and on terms that you will indemnify us in full against all loss (including loss of profit) costs (including costs of labour and materials used) damages charges and expenses incurred by us in relation to the work and its cancellation.
BREACH OF CONTRACT BANKRUPTCY OR INSOLVENCY
In the event of you committing any breach of the contract with us or if any distress or execution is levered upon the goods of you or if you offer to make any arrangement with or for the benefit of your creditors or commit any act of bankruptcy or being a limited Company has a receiver of your undertaking or assets or any part thereof appointed or, other than for the purposes of a reconstruction or amalgamation without insolvency, has a liquidator or administrator appointed, we shall thereupon be entitled without prejudice to our other rights, forthwith to suspend all further work and deliveries until any breach of contract has been remedied or to terminate the contract or any unfulfilled part thereof, or at our option to make partial deliveries.
If a dispute arises under this Contract either party may refer that dispute to adjudication under The Scheme for Construction Contracts (England and Wales) Regulations 1998 as amended. You shall be responsible for all costs we incur in connection with any adjudication and the adjudicators fees and expenses (unless the adjudicator rules in your favour of the Customer).
Unless we otherwise agree in writing, these conditions shall in all respects be construed and operate as an English contract, in conformity with English Law.