Terms & Conditions
BETWEEN:
CLIENT
Stipulated within the quotation document.
CONTRACTOR
Room at the top loft conversions (Bridlington) LTD. 10 Spawd Bone Lane, Knottingley, WF11 0HY (the “Contractor”)
BACKGROUND
A. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.
B. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Contract.
IN CONSIDERATION OF
the matters described above and of the mutual benefits and obligations set forth in this Contract, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the “Party” and collectively the “Parties” to this Contract) agree as follows:
SERVICES PROVIDED
By agreeing to undertake the service provided the parties agree to the following terms.
1. The Client hereby agrees to engage the Contractor to provide the Client with the services outlined within the quotation provided or otherwise stipulated in writing. Any works not stipulated are subject to clause 2 of the contract. Any items or actions discussed during the works implied or otherwise are not to be constituted as part of the services provided unless confirmed in writing.
2. The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client. (Extras)
TERM OF CONTRACT
3. The term of this Contract (the “Term”) will begin on the date of this Contract and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Contract. The Term may be extended with the written consent of the Parties.
4. In the event that either Party wishes to terminate this Contract prior to the completion of the Services, that Party will be required to provide 10 days’ written notice to the other Party.
PERFORMANCE
5. The Parties agree to do everything necessary to ensure that the terms of this Contract take effect.
CURRENCY
6. Except as otherwise provided in this Contract, all monetary amounts referred to in this Contract are in GBP.
PAYMENT
7. The Contractor will charge the Client a flat fee stated within the quotation for the Services (the “Payment”).
8. The Client will be invoiced as follows:
1# on commencement £33%
2# 7 days later 33%
3# 7 days later 17%
4# Practical completion 17%
Practical completion is typically defined as the point when a building is complete save for any minor defects and the client can take possession or occupation.
9. Invoices submitted by the Contractor to the Client are due upon receipt.
9a.in the event section 9 is not adhered to as part of the contract terms the contractor can exercise the right to issue a late payment penalty to the value of £100 or charge interest to the value of 8% of the Balance, above the Bank of England base rate. Within accordance of consumer credit act. 1974
9b. Practical completion is typically defined as the point when a building is complete — save for any minor defects — and the client can take possession or occupation.
10. The above Payment includes Value Added Tax.
11. The Contractor will be responsible for all income tax liabilities and National Insurance or similar contributions relating to the Payment and the Contractor will indemnify the Client in respect of any such payments required to be made by the Client.
12. The Contractor will be solely responsible for the payment of all remuneration and benefits due to the employees of the Contractor, including any National Insurance, income tax and any other form of taxation.
13. The Contractor will not be reimbursed for any expenses incurred in connection with providing the Services of this Contract.
CONFIDENTIALITY
14. Confidential information (the “Confidential Information”) refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
15. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Contract.
16. All written and oral information and material disclosed or provided by the Client to the Contractor under this Contract is Confidential Information regardless of whether it was provided before or after the date of this Contract or how it was provided to the Contractor.
OWNERSHIP OF INTELLECTUAL PROPERTY
17. All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design and trade name (the “Intellectual Property”) that is developed or produced under this Contract, will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.
18. The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this Contract except with the written consent of the Client. The Contractor will be responsible for any and all damages resulting from the unauthorised use of the Intellectual Property.
RETURN OF PROPERTY
19. Upon the expiry or termination of this Contract, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
20. In the event that this Contract is terminated by the Client prior to completion of the Services the Contractor will be entitled to recovery from the site or premises where the Services were carried out, of any materials or equipment which is the property of the Contractor or, where agreed between the Parties, to compensation in lieu of recovery.
21.Title to the Goods shall remain vested in the Contractor and shall not pass to the Client until the purchase price for the Goods has been paid in full and received by the contractor. Until title to the Goods passes:
the Contractor shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of the Goods.
CAPACITY/INDEPENDENT CONTRACTOR
22. In providing the Services under this Contract it is expressly agreed that the Contractor is acting as an employee of the company, The Contractor and the Client acknowledge that this Contract does not create a partnership or joint venture between them, and is exclusively a contract for service.
NOTICE
23. All notices, requests, demands or other communications required or permitted by the terms of this Contract will be given in writing and delivered to the Parties at the following addresses:
a. Client details within the quotation.
b. Room at the top loft conversions Bridlington LTD. 10 Spawd bone lane, WF110HY
or to such other address as either Party may from time to time notify the other.
INDEMNIFICATION/ LIABILITIES
24. (a)Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Contract. This indemnification will survive the termination of this Contract.
(b)Exclusion of liability applies where the client has instructed additional contractors to fulfil elements of the works not provided within the quotation. Irrespective of their affiliation with the primary contractor. This is not covered under this contract. And no liability will be held on any shortfalls delays or damages sustained by the third-party contractor or client. this includes but not limited to, architects, building control authority, plumbers, electricians, carpet fitters, carpenters, tilers, solar engineers, etc.
MODIFICATION OF CONTRACT
25. Any amendment or modification of this Contract or additional obligation assumed by either Party in connection with this Contract will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.
TIME OF THE ESSENCE
26. Time is of the essence in this Contract. No extension or variation of this Contract will operate as a waiver of this provision.
27. Neither party shall intentionally delay the terms of this contract and fulfil there individual duties within the terms in a reasonable timescale to ensure the contract is fulfilled. Any action to intentionally delay the fulfilment of the contract can result in termination of the agreement and damages sought from the breaching party.
27b. In the event of delay is beyond either parties control. and a practical completion is achieved a retainer figure for the value of the outstanding contracted works is to be held until fulfilment of these works.
DISPUTE RESOLUTION
28. In the event that the contractor fails to fulfil the services stated the client has the right under the consumer rights act 2015 under section 55, The right to require repeat performance is a right to require the trader to perform the service again, to the extent necessary to complete its performance in conformity with the contract.
If the consumer requires such repeat performance, the trader—
(a)must provide it within a reasonable time and without significant inconvenience to the consumer; and
(b)must bear any necessary costs incurred in doing so (including in particular the cost of any labour or materials).
29. Should the client request any amendments from the stipulated construction requirements and or regulations, against the architect, building control officer or contractors professional advice, the client will be liable for any resulting damages or infractions of building regulation requirements.
ASSIGNMENT
30. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Contract without the prior written consent of the Client.
ENTIRE AGREEMENT
31. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Contract except as expressly provided in this Contract.
ENUREMENT
32. This Contract will ensure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
TITLES/HEADINGS
33. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Contract.
GENDER
34. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
GOVERNING LAW
35. This Contract will be governed by and construed in accordance with the laws of England.
SEVERABILITY
36. In the event that any of the provisions of this Contract are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Contract.
WAIVER
37. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this
Contract by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.