terms
Terms and Conditions of Trading
Definitions:
In these terms and conditions “the Company” means Parkview “the Customer” means the person, persons, firm or company to whom this document is addressed, “the Goods / Works”, means all or any of the goods, works, materials and equipment to be supplied by the company and “the Services” (referred to herein as the contract) Terms and Conditions a. all orders by the Customer for Works are accepted by the Company strictly in accordance with and subject to the Terms and Conditions which shall form the basis of the contract between the Customer and the Company. b. No other terms and conditions, or modifications to these Terms and Conditions shall be binding on the Company unless the Company agrees thereto in writing and the Company shall not be deemed to accept such other terms and conditions nor to wave these Terms and Conditions by failing to object to provisions contained in any order or other communications from the Customer. The Works These are building services, general building services and general building maintenance services to be provided by the Company in accordance with the specification of the Customer shown overleaf and in continuation thereof. Further Works These are any additional, extra, or alternative Works which may from time to time be provided by the Company in accordance with the Customer’s specific request. Time Estimates The Company’s workmen are instructed to exercise due care in carrying out their work and shall at all times complete the Works within due diligence. Whilst the Company shall ensure that their workmen use their best endeavours to complete the Works within the period of time quoted to the Customer, all time estimates and commencement dates are given strictly as estimates only and the Company will not be liable for any loss or damage, howsoever expressed or quantified, caused as a result of any delay in either , the commencement or completion of the Works. Charges a. All charges quoted to the Customer shall be exclusive of Value Added Tax which shall be charged to the Customer in addition to the amount agreed for the Works and shall be payable by the Customer to the Company at the same time as the Customer makes payment of the charges. b. The Company expressly reserves the right to adjust the charges quoted to the Customer at any time before submitting their invoice for payment to take into consideration any increase in the cost of Services or Goods as a result of any circumstances beyond the Company’s reasonable control. In this event the Company shall notify the Customer of the need for additional works and the Customer shall upon being notified and upon the additional works being carried out, be liable for the full cost thereof. c. The Customer shall at all times be liable for the additional costs incurred by the Company in carrying out any further Works in accordance with the Customer’s request pursuant to the above. Terms of Payment a. On completion of the works, the Customer shall pay to the Company the full and final amount in respect of the agreed charges, any additional charges plus the Value Added tax in respect of the total charge. b. With respect to an account Customer, the Customer agrees to pay the Company the full Charges within 14 days of the Company’s date of invoice. c. The Customer shall not be entitled to withhold payment of any amount due under this contract in respect of any dispute, any disputed claim for defective Works, or in respect of any alleged breach of Contract by the Company. d. The Company shall be entitled to charge interest at the rate of five percent per annum above Barclays Bank plc’s base lending rate on all overdue accounts, such interest deemed to accrue on a day to day basis from the date of invoice, in respect of an account Customer, interest will accrue 14 days from the date of invoice. Disputed Works a. In the event that the Customer is not satisfied with the standard of workmanship, or in the event that the Customer alleges that the Works have not been completed in accordance with the aforesaid specifications, the Customer shall within fourteen days of completion of the Works, notify the Company in writing of the complaint and give details of the alleged defects. 1. If the Company agrees with the said defects, the Company at no extra charge to the client will rectify the said defects. 2. If the Company disagrees with the Customers said defects, the matter shall then be referred by the Company to an independent surveyor appointed by the Secretary of the Institute of Chartered Surveyors who shall determine whether the Works have been completed in accordance with the said specifications and to an acceptable standard as ascertained by the Surveyor. b. Upon his determination the Surveyor will issue a certificate which shall be binding upon both the Customer and the Company both of whom shall accept the determination and act in accordance with it. c. If the Surveyor determines that the works are below an acceptable standard, or have not been completed in accordance with the aforesaid specification/s, the Company will remedy such defects at no additional cost to the Customer. d. In his determination and in so issuing his certificate, the Surveyor shall be considered to be acting as an expert and not as an arbitrator. e. All the costs of and incurred by the Surveyor in reaching his determination and issuing the said certificate shall be incurred by the unsuccessful party. Force majeure The Company shall be under no liability if it is unable to carry out any provision of the contract for any reason beyond their control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike, or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to the Company ele ct to terminate the contract and pay for all work done and materials used, but subject thereto shall otherwise accept delivery when available. Liability For Risk and Insurance a. The Company shall not be liable to the Customer for any loss of or damage to Goods how so ever occurring after delivered to the Customer. All goods on site fixed or unfixed and all Services performed are at the sole risk of the Customer and in the event of any of the same being damaged, destroyed or stolen the Company shall be entitled to full payment in respect of the cost of replacing any such Goods and for reinstating or re-performing any such Services which shall be charged as an additional cost to the Customer. b. The Customer shall insure against loss or damage to the existing structures (together with the contents owned by the Customer or for which the Customer is responsible for) and all unfixed Goods intended for, delivered to, placed on or adjacent to the works and intended therefore by fire, lighting, explosion, storm, tempest, flood, bursting or overflowing of water tanks apparatus or pipes, earthquake, aircraft and other arial devices or articles dropped there from, riot and commotion. If any loss or damage as referred to in this clause occurs then the Customer shall issue instructions for the reinstatement and making good of such loss or damage and such instructions shall be valued under clause hereof. c. The Company shall exercise reasonable care and skill in the performance of the services (and shall comply with any site safety rules and procedures of the Customer notified to it in advance in writing) The Customer shall be responsible for insuring its property against physical damage suffered by any reason of any act, omission, neglect or default (including negligence) in the performance of the Contract by the Company, its servants or agents. d. The Company shall not be liable to pay for any works, or render good any defects in such work, carried out upon the Customer’s premises by any person, firm or company unless the engagement shall have been made with the knowledge acquiescence and prior written consent of the Company. e. The Company shall not be liable for any damage caused as a result of any existing defects in the structure, or any other part, of the site or proposed works. f. Without prejudice to the foregoing and in any event, the Company’s liability, if any, for any loss or damage, howsoever arising, shall be limited to either, the loss of making good the loss or damage, or the total amount due under this contract, whichever shall be the lesser. g. The Company shall not, under any circumstances be liable for any faults or defects whatsoever for any goods which have been purchased on behalf of the Customer. It shall be the Customer’s duty to dispute any claims against faulty or damaged goods directly with the manufacturer/s. h. Notwithstanding anything contained in clause b hereof the Customer shall be solely responsible for all loss or damage to the contract works arising from fire howsoever caused including unfixed materials on site for the purpose of carrying out the contract works and shall indemnify the Company against such loss or damage. Contract Conditions and Misrepresentation The Customer acknowledges that there are no terms or conditions to this Contract other than those set out herein and this Contract was not entered into in reliance on any representation whether written or oral other than those set out in this Contract. The Customer acknowledges that by accepting the offer made in our Quotation/Estimate or publicised work rates the Customer accepts the Terms and Conditions of this Quotation/Estimate or work rates which form the basis of the Contract between the Company and the Customer. General a. All or any materials delivered to or remaining on the site of the proposed works or in the possession of the Customer shall remain the property of the Company and title shall not pass to the Customer, his trustee in bankruptcy or his assignees until the Company’s invoice for payment shall have been settled in full. b. If the Customer is a Limited Company, or in any circumstances where the Company deems it in its absolute discretion to be prudent, the Company shall be entitled to require any number of written personal guarantees to protect against bad debts, from the directors of the Limited Company, or any other person where the Company’s absolute discretion is a suitable person for giving such guarantee. c. The headings to the clauses do not form part of these Terms and Conditions of Trading and shall be taken into account in their interpretation. d. The Terms and Conditions as set out in this contract shall apply not only to this Quotation/Estimate or work rates (if accepted) but to all orders subsequently placed with the Company by or on behalf of the Customer in connection with the same or other work. e. Unless expressly stated otherwise all prices are exclusive of VAT which shall be charged at the rate and in the manner prescribed by law from time to time. f. Notwithstanding any Contract term allowing the Customer credit payment shall become due and payable to the Company immediately upon the termination of the Contract. g. Where the Customer makes default under the Contract or any other Contract with the Company in payment on the due date of any sum due to the company, the Company without liability may postpone any delivery or may cancel the Contract or any other Contract or any other contract between the Company and the Customer but without prejudice to any right or remedy which the company may have against the Customer in respect of such default. h. The Contract will terminate immediately upon service of written notice of termination by the Company on the Customer on the happening of any one or more of the following, namely the customer has suffered or allowed any execution whether legal or equitable to be levied on his/its property or obtained against him /it has failed to observe or perform any of its obligations or duties under the contract or any contract between the Company and the Customer or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the customer has ceased to trade. i. The Company will (without prejudice to any other remedy available to it) have in respect of all unpaid debts due from the Customer a general lien on all property of the Customer in the possession of the Company for whatsoever purpose and whether worked upon or not and be entitled on the expiration of not less than 14 days notice in writing to the Customer to dispose of such property and to apply the proceeds towards the satisfaction of such debts. j. The Company will be entitled to assign sub-contract or sub-let the contract or any part thereof. Legal Construction The Contract shall be constructed as an English Contract and be governed by English Law and subject to thejurisdiction of the English Courts.
