Clark ROOFING LIMITED – TERMS AND CONDITIONS
1. Contracts
All quotations are given to Clients and all contracts are subject to the following terms and conditions and no other terms and conditions shall apply to work carried out by the Contractor: –
a) A quotation given by the Contractor is only capable of acceptance on the basis of these terms and conditions. The work will not start acceptance. Acceptance may be required to be given in writing.
b) Variations or additions to a Client’s order or acceptance must be agreed with a director and will be confirmed in writing by the Contractor. No variations or additions will be made unless agreed in this way.
2. Guarantee
The Contractor offers a 5 year guarantee on all work carried out which is non-transferable.
3. VAT
All prices quoted are exclusive of VAT (unless otherwise stated) which will be charged at the rate current at the time of invoice.
4. Quotations
a) All prices given in quotations to the Clients are given on a strictly net basis and are open only for a period of 30 days (unless otherwise stated) from the date of quotation. Provisional sums quoted in any quotation are not binding on the Contractor until confirmed and are subject to adjustment once sums have been finalized.
b) Emergency repair works and additional works carried out by the Contractor as are necessary (including the purchase of any additional materials) will be charged to the Client in addition to any quoted price given by the Contractor and shall be at the Contractors standard hourly rate for such works.
5. Consents & Approvals
Unless the Contractor otherwise agrees in writing the obtaining of all necessary planning consents and approvals for work to be carried out or completed by the Contractor is and remains the sole responsibility of the Client.
6. Timing
Any dates given by the Contractor to the Client for the commencement or completion of work are given for guidance only and are not binding on the Contractor.
7. The Contractors Responsibilities
In the event that scaffolding is required to be erected then the Contractor shall ensure the scaffolding and ladders are subject to current Construction (Safety, Health & Welfare) Regulations. Construction of the scaffolding must be carried out only by the Contractor and the Client shall not have access or to allow ant third party to have access to scaffolding erected by the Contractor.
8. HEALTH & Safety
It is the Clients responsibility to ensure that the site where the Contractor and its employees will be working is secure, clear and safe. Whilst on site the Client must comply with any instructions as regards safety which are given by the Contractor. The Contractor reserves the right to withdraw its employees if the site or facilities on the site do not accord with current health and safety regulations or if the weather conditions are adverse.
9. Dangerous Materials
In the event that during the course of carrying out the works any dangerous materials are discovered by the Contractor then the Contractor shall not have any responsibility to deal with the same and may if the Contractor so decides cancel the contract by giving notice to the client. No responsibility rests with the Contractor for the removal of any dangerous or hazardous substances found on site unless the Contractor otherwise agrees.
10. Claims
b) No claim can be made in any event against the Contractor by the Client which exceeds the contract price for the work carried out by the Contractor.
c) Quotations for works do not, unless otherwise specified, allow for repairs to structural timbers, fascias, barge boards, soffits, guttering and the like.
d) The Contractor shall not be liable for any loss or damage caused by non performance of any of its obligations to the Client due to act of God, war, civil disturbance, government actions, strike, lock out or trade dispute, difficulties in obtaining materials, breakdown in machinery, fire or accident or any other cause whatsoever beyond the control of the Contractor. Should any such event occur the Contractor reserves the right to cancel or suspend the contract without incurring any liability for any loss or damage thereby occasioned.
e) The Contractor reserves the right to refuse to execute any work or contract if the arrangements for payment or the customer’s credit are not satisfactory to the Contractor. The Contractor also reserves the right to cancel every contract made with the Client or to cancel or suspend or discontinue delivery of goods and materials and / or the execution of work and / or the hire of scaffolding or plant at the Contractor’s option without prejudice to the Contractor’s right to recover any loss sustained.