TERMS & CONDITIONS

  1. Contractors Responsibilities

The Contractor will do the following:

  1. Carry out the work set out in the work details carefully and competently, and in accordance with all statutory requirements and standards (such as Building Regulations) as applicable at the time the contract was entered into.
  2. Use materials which are of satisfactory quality and suitable for their intended purpose. The materials will be new unless the customer agrees otherwise in writing.
  3. Start and finish the work within the working period or any extension made to it.
  4. Be at the premises regularly to carry out the work during the agreed working hours.
  5. Not sub-contract any of the work without providing the customer with prior notice.
  6. Store away tools, equipment and ladders at the end of each working day.
  7. Regularly dispose of any rubbish from the work.
  8. Be responsible for any damage he may cause to the premises and its contents or to neighbouring properties.
  9. Leave the working areas in a clean and tidy condition after finishing the work.
  10. Keep to all legal duties and responsibilities.
  1. Customer’s responsibilities

The customer will do the following:

  1. Give the contractor access to the premises during the agreed working hours throughout the working period.
  2. Keep the working area sufficiently clear of obstructions to allow the contract to carry out the work.
  3. Allow the contractor to carry out the work in order which considers necessary to finish the work on time.
  1. Health and Safety
  1. The contractor will take all practical steps to:
  1. Prevent or minimize health & safety risks to the customer and other people living in or visiting the premises;
  2. Minimise environmental disturbance, nuisance or pollution from the work;
  3. Make sure that any temporary protection for the work is safe and weatherproof.
  1. The customer will:
  1. Take notice of all warnings the contractor gives about any health & safety or environmental risks which takes measures to prevent or minimise;
  2. Not knowingly allow people living in or visiting the premises, particularly children, to be exposed to any dangers from the work.
  1. Changing the work details

Only the customer can change the work details. Changes will be dealt with as follows:

  1. If the changes increases the amount of work shown in the work details and the contractor agrees the changes, they will quote a price for the extra work and time involved. The quotation will be given to the customer as a variation quotation (refer to schedule 3). The customer will then decide whether to go ahead with the changes. If the customer decides to go ahead with the changes, the customer will sign and date the Variation quotation and return a copy to the contractor. The contractor will then undertake the stated on the variation quotation, and the agreed amount will be added to the agreed amount to be paid by the customer. The customer will add the amount to the relevant stage of the Payment Instalment schedule.
  2. If the changes reduce the amount of work shown in the work details the contractor will make an appropriate reduction in the price.
  3. If the changes alter the cost of any items in the work details without increasing or reducing the amount of work involved, an appropriate adjustment of the price will ne made to reflect those changes.
  1. Extending the work period
  1. The customer will extend the working period by a fair and reasonable amount if the contractor:
  1. Has to spend extra time on the work because of the changes made to the work details; or
  2. Cannot finish the work on time for reasons beyond his control, including any delay caused by the customer.
  1. The contractor can claim any reasonable costs arising from the working period being extended because of any delay caused by the customer.
  1. Payment
  1. When each stage of the work is finished, the contractor will invoice the customer for the amount due after taking account of any price increase or decrease for the changes made to the work details. The invoice will be itemised and show the rate of VAT charged on each item.
  2. The customer will pay the amount of the invoice no later than 7 days from the date of the invoice from the contractor.
  3. After the contractor has put right all the faults, should they occur:
  1. They are responsible for; and
  2. The customer promptly reported as having appeared at any time between the date the work was started and months after it was finished,

The contractor can invoice the customer for the remaining amount of the total price. The customer must pay this no later than 7 days from date of invoice.

  1. Contractors continuing responsibility

For 6 years after carrying out the work contractor will remain responsible for any faults in the work (other than fair wear and tear)

  1. Bringing the contract to an end

As well as the customers cancellation rights set out in condition 9 below, the following also apply.

  1. If the contractor:
  1. Is not at the premises regularly to carry out the work; or
  2. Is not meeting health & safety & responsibilities; or
  3. Is so incompetent or careless that the work is of an unacceptable standard; and does not correct the matter within 7 days of receiving a written warning from the customer, the customer can end this contract by giving the contractor written notice. The contract will end as soon as that notice is given.
  1. If the customer ends this contract he will only have to pay any money due to the contractor.
  2. If the customer:
  1. Does not pay an amount due, without having a good reason; or
  2. Prevents or obstructs the contractor from carrying out the work;

    And does not correct the matter within 7 days of receiving a written warning from the contractor, the contractor can end this contract by giving the customer written notice. The contract will end as soon as that notice is given.

  1. If the contractor ends this contract the customer will pay him, within 7 days of the contract ending, for work properly carried out, for any materials made specially for the work and for any other of the contractors materials on the premises which allows the customer to keep.
  1. Rights to cancel
  1. The customer can cancel this contract for any reason by giving the contractor notice in writing within 7 days of signing the contract.
  2. If the customer wishes to cancel the contract, the cancellation form included should be used
  3. The customer can send the written notice by post or email or deliver in person. The notice should be sent or delivered to the name and address set out in the cancellation form at the back of this contract.
  4. The written notice will be considered to have been given on the say it is received by the contractor, whether sent by post or email.
  5. If the customer cancels the contract under this condition 9, the contractor will refund any money the customer has paid to the contractor in connection with this contractor in connection with this contract, except in the circumstances set out in condition 9(f) below.
  6. The customer may have to pay for goods or services provided before cancelling this contract if already agreed, in writing, to the contractor providing the goods or services before the end of the 7 days cancellation period referred to in condition 9(a) above. The customer may have to pay for the following types of goods and services provided before cancellation.
  1. Services of any kind
  2. Goods needed in an emergency
  3. Goods that are personalised or made to the customers specification, and any services relating to this goods
  4. Perishable goods (goods which decay or go bad quickly)
  5. Goods that have been used or incorporated into the land
  1. If the customer cancels this contract, any related credit agreement (for example, a credit agreement the contractor has provided or arranged in connection with this contract) will automatically be cancelled.
  1. Insolvency
  1. If the customer or the contractor becomes insolvent (unable to pay their debt), this contract will come to an end unless the insolvency practitioner involved makes a suitable arrangement to allow the contract to continue.
  1. Other rights and remedies
  1. The customer and the contractor can claim from each the costs and expenses which result from either of them failing to keep to this contract.
  2. This contract doe not rule out or limit any other legal remedies which may be available to the customer or contractor.
  3. Only the customer and the contractor can take action to enforce and terms of this contract.
  1. Law of the contract
  1. The laws of England and Wales apply to this contract.
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