Terms & Conditions
TERMS AND CONDITIONS OF QUOTATION
The following Terms and Conditions are used in order to try and avoid any misunderstanding or disagreements arising in the future. There may be occasions where certain Terms or Conditions may seem inappropriate and in such circumstances unless alternatives are agreed in writing these Terms and Conditions shall be binding.
The ‘Contractor’ means Maguire Brothers.
The ‘Employer’ means the person or party accepting this quotation.
The ‘Works’ means the work described on the face of this quotation.
The ‘Site’ means the location of the Works.
The ‘Contract’ means the contract concluded in accordance with these Terms and Conditions (including any agreed amendments).
- Acceptance of this Quotation by the Employer shall constitute a binding Contract between both parties.
- Unless otherwise agreed by the Contractor in writing the following Terms and Conditions shall apply.
- Any stipulations or conditions on the Employer’s order or acceptance of the Quotation which conflict with, qualify or negate any of these Terms and Conditions shall invalidate this Quotation unless such stipulations or conditions are agreed by the Contractor in writing.
- The Contract will only include works specified, and is based on all items being accepted and carried out once work starts, the Contractor shall be allowed to continue Works without interruption, unless otherwise stated.
- The Contractor reserves the right, by giving notice to the Employer at any time before commencement of the Works, to increase the price of the Quotation to reflect any increase in cost to the Contract which is due to error, or any factor beyond the control of the Contractor, such as but without limitation, any concerns by the Contractor over the creditworthiness of the Employer, any foreign exchange fluctuation, currency regulations, alteration of duties, increase in the costs of labour, materials or other costs of manufacture.
BUILDING LICENCES (2)
The Employer shall be responsible for complying with every bye-law or other lawful requirement or instruction relevant to the Works and in particular, shall obtain, before commencement of the Works, every necessary Planning approval, licence, permit, consent or authority may be required in connection with the Works, goods, or materials. The Contractor shall be reimbursed by the Employer in full for all losses arising from non-completion or any delay to completion of works and/or any expenses arising out of the need to expend additional money as a result of any failure by the Employer.
- All materials supplied by the Contractor and delivered to Site, shall remain the property of the Contractor until paid for. The Employer shall not use or dispose of goods and materials supplied by the Contractor in respect of which payment in full has not been received by the Contractor
- The Contractor gives no warranty in respect of products and materials which have been specified by the Employer and the Employer shall indemnify the contractor against any claim, howsoever arising, in respect of any materials specified by the Employer.
- Any existing structures or materials stripped and/or removed during the course of the Works shall become the property of the Contractor unless agreed otherwise in writing.
- The Employer will provide safe, convenient and adequate storage for material delivered for the works and/or materials stripped and/or removed.
CIRCUMSTANCES OUTSIDE THE CONTRACTORS CONTROL (4)
- The Contractor shall not be responsible for any loss or damage to the Employer due to circumstances outside his control including such as, but without limitation, lack of access, illness, breakdown in machinery, strikes, lock-outs, bad weather, failure to obtain materials as and when required, or any disorganisation of the construction industry (or any industry) affecting the Contract, and work may be partially or wholly suspended by the Contractor until the dislocation is ended. Any loss and/or expenses arising therefrom shall be borne by the Employer and paid to the Contractor by way of an additional sum added to the Quotation.
- The Contractor will not be responsible for loss or damage by fire, flood, excessive damp or heat or other causes occurring before or after completion of the work.
CONSEQUENTIAL DAMAGE (5)
While every care will be taken whilst carrying out the Works the Contractor shall not be responsible for any damage or consequential damage to the property or contents where such damage is the result of:-
- weak or defective existing structure;
- soot or other falls,
- ceilings that are fixed directly to rafters or joists,
- where the Contractors recommendations have not been followed,
- extreme or unusual weather conditions,
- delays outside the Contractor’s control,
ROOF STRUCTURE (6)
Unless otherwise stated in the Description of Works no allowance has been made in the Quotation by the Contractor for:-
- replacement, alteration, treatment or strengthening of any structural elements,
- alteration of the existing substrate or structure, improvement of drainage, water runoff or other improvements to the Employer’s premises.
USE OF FACILITIES (7)
The Employer shall provide the Contractor with full free and uninterrupted access to the Site at all times and shall provide on the Site, without charge, an adequate supply of water and electricity to satisfy the Contractor’s requirements during the progress Of the Works, toilet and facilities for the storage of plant and materials necessary for carrying out the work. Any loss and/or expense, caused as a consequence of the failure of the Employer to provide such access, supply of facilities or the like shall be added to Quotation price.
SETTLEMENT OF DISPUTES – ARBITRATION (8)
In the event of a dispute or difference arising out of or in connection with this Contract the parties will submit such a dispute or difference to arbitration. Either the Employer or the Contractor shall give written notice to the other to such effect and such dispute or difference shall be referred to arbitration and final decision of a person to be agreed between the parties as the Arbitrator, or, upon failure so to agree within 14 days after the date of the aforesaid written notice, of a person to be appointed as the Arbitrator by the Contractor.
TERMS OF PAYMENT (9)
- To conform with Section 110 of The Housing Grants, Construction and Regeneration Act 1996 this contract provides twin dates. The “Due Date’ is the date the payments become due under the contract. The ‘Final Date for Payment’ is the date by which any payment which is due must be paid.
- Payment of 50% of the quoted value of the works shall become due upon delivery of materials to site and/or the erection of any scaffolding on site and/or the commencement of the works.
- The balance of 50% of the quoted value of the works shall become due within 2 days of any interim application by the Contractor or upon practical completion of the works, whichever is sooner.
- The final date for all payments shall be 7 days from the due date.
- The Employer shall, not later than 5 days after the date on which the payment becomes due, give a written notice to the Contractor specifying the amount, if any, of the payments made of proposed to be made, specifying what the payment relates to and the basis on which the payment was calculated.
- Any notice of intention to withhold payments under Section 111 of The Housing Grants, Construction and Regeneration Act 1996 shall be given no later than the prescribed period which shall be no later than 5 days before the final date for payment.
- In the event that the Contractor has exercised its rights under Section 112 of The Housing Grants, Construction and Regeneration Act 1996 to suspend performance of this contract then the Employer shall reimburse the Contractor during the period of suspension including the cost of re-mobilising on the lifting of the suspension.
- Interest shall be paid on all overdue amounts from the date payment was due until the date payment is received at the rate of 8% above the Bank of England Base Rate operating during the period of delayed payment.
- In the event of delay, suspension or cancellation of all or part of the Works the Contractor may invoice for the value of any materials and completed Works on Site, together with loss of profit and any extra costs that arise and the Employer shall pay the Contractor immediately.
- In all cases the Contract is between the Employer and the Contractor and the same terms of payment apply whether or not the cost of the Works is grant aided or is the subject of an insurance claim.
- Guarantees, if offered by the Contractor, will not be provided until all monies have been paid and do not cover consequential damage. The Contractor may suspend work if the Employer fails to pay monies in accordance with the above provisions. In the event of such suspension, the Employer shall pay to the Contractor any extra costs that arise.
PROVISION WHERE THE CONTRACTOR IS A SUBCONTRACTOR TO A PRINCIPAL OR MAIN CONTRACTOR (10)
Where the Works are part of a main contract instructed by a Main Contractor, no allowance will have been made in the Quotation for the supply, erection and removal of an adequate and secure scaffold, nor for the removal of rubbish arising from the Sub-Contract from the Site, nor for any hoists or lifts, rubbish shutes, nor for any discounts or retention, unless stated otherwise in the description of the Works.
ANCILLARY WORKS (11)
The Quotation is for the specified Works only and does not include inter alia:
- removal and subsequent replacement of furniture, effects, floor Coverings and other obstructions,
- any fixings other than those specified,
- removal of dust or the like from roof space or the protection of water tanks or personal effects from dust and debris and the like,
- removal/protection of any items in the roof space.11.2 Any additional cost arising as a result of a need to carry out work excluded above or not specifically referred to in the Quotation or any additional cost arising from any instruction form the Employer shall constitute a variation to the Contract for which the Employer will pay a price agreed in advance or in the absence of an agreed price a fair and reasonable additional price based on the Contractor’s costs.
- Any additional cost arising as a result of a need to carry out work excluded above or not specifically referred to in the Quotation or any additional cost arising from any instruction form the Employer shall constitute a variation to the Contract for which the Employer will pay a price agreed in advance or in the absence of an agreed price a fair and reasonable additional price based on the Contractor’s costs.
- Any additional requirements of Local Authorities or District Surveyors or additional work caused by physical conditions on Site which were not known to the Contractor at the date of the Quotation and which give rise to additional cost will constitute a variation for which the Employer will pay the Contractor a price agreed in advance or in the absence of an agreed price a fair and reasonable price based on the Contractor’s costs.
CONTRACT PERIOD (12)
Any indication given at any time as to the start date or the contract period, is given only as a guide and shall form no part of the Contract as work is subject to weather conditions, completion of other contracts, and any extra works arising therefrom.
The Employer will insure all fixed work against any loss and/or damage howsoever caused.
- The Contract shall be governed by the laws of England.
- All sums are exclusive of VAT unless otherwise stated.
- This quotation is open for acceptance for 90 days.