Terms and Conditions
“the Contractor” means ATTIC DESIGNS LIMITED and/or referred to as “we”. Registered address; 4 Oakfield Park, Wellington. Som. TA21 8EX. 01823 665880.
“the Customer“ means the person(s) identified on the Quotation and/or referred to as “you”.
“the Contract Works” means the supply and installation works referred to on the Quotation.
“the Commencement Date“ means the approximate date (1-2 weeks leeway either side) we will start the Contract Works if such a date is agreed.
“the Completion Date” means the approximate date (1-2 weeks leeway either side) we will complete the Contract Works if such a date is agreed.
“the Contract Price” means the sum plus any appropriate VAT (excluding any fees for Planning Permission and/or Building Regulation Control) payable by you for the Works.
“the Site” means the place where the Works will be carried out.
“the Documents” means any documents listed in the Quotation.
“the Quotation” means the front sheet (overleaf) to these terms and conditions of business.
2.1 Unless expressly waived by a Director of the Contractor these terms and conditions of business shall apply to the Contract Works and any agreed Variations thereto and unexpected works.
2.2 These terms and conditions of business define the legal relationship between the Contractor and the Customer and represent the entire understanding between them (“the Contract”). The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Contractor which is not set out in the Contract
2.3 These terms and conditions of business shall be governed by and construed in accordance with the laws of England and Wales and any dispute which arises between the parties shall be subject to the jurisdiction of the Courts of England and Wales.
2.4 Any references to a statute or statutory provision include any changes which are made to it.
If any term, condition, paragraph or sub-paragraph is invalid, it does not make any other term, condition, paragraph and sub-paragraph invalid.
2.5 These terms and conditions of business apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.6 This Contract is only for the benefit of the Contractor and the Customer.
2.7 No Contract Works will commence until the 5% deposit is received and any Commencement Date and Completion Date will be adjusted accordingly.
3.1 We will carry out the work with reasonable care and skill and to a reasonable standard by the Completion Date should the same apply and/or as extended under by written agreement between the Contractor and the Customer. Notwithstanding this, this term does not make time an essential condition.
3.2 Should the Commencement Date and the Completion Date not apply the Contractor will carry out and complete the Contract Works within a reasonable time.
3.3 We will keep to all building regulations.
3.4 We will keep to all legal requirements, which we would need to keep to in the course of carrying out the Contract Works, but only if you have told us in writing about these requirements prior to you signing the Quotation.
3.5 At the end of the Contract, as long as you pay all amounts due, we will give you any guarantees, test certificates and so on which apply to the Works. You should keep these in a safe place in case you need them in the future. We will also supply you (if agreed as part of the Quotation) with our guarantee as to the Contract Works.
3.6 The guarantee will cover all items that could “reasonable” be expected to be included for a five year period. This would exclude items covered by the manufactures guarantee. The guarantee is not insurance backed unless “the customer” has purchased at their own cost a “build assure “building insurance policy. We can offer these policies due to our membership of the federation of master builders warranted builder’s scheme, trading as Build Assure. Further details can be found at, www.fmbassure.co.uk
4.1 You will pay us the Contract Price (which unless agreed otherwise shall exclude any fees for Planning Permission and/or Building Regulation Control).
4.2 You will pay us the Contract Price plus VAT by way of interim payments in CLEARED FUNDS as follows:
4.2.1 5% Non-Refundable deposit of the Contract Price plus VAT on or before signing the Quotation; This will allow us to allocate an approximate Commencement Date and fund 3rd party architect plans to be drawn up.
4.2.2 20% of the Contract Price plus VAT on the Commencement Date (or the date we actually start the Contract Works should that date be later than the Commencement Date) plus the whole cost of any variations and/or unexpected work to that date plus VAT;
4.2.3 25% of the Contract Price plus VAT on completion of 10 working days on site plus the whole cost of any variations and/or unexpected work to that date plus VAT;
4.2.4 25% of the Contract Price plus VAT on fitting of new staircase plus the whole cost of any variations and/or unexpected work to that date plus VAT;
4.2.5 25% of the Contract Price plus VAT on practical completion plus the whole cost of any variations and/or unexpected work to that date plus VAT.
4.3 The Contractor will issue you with an invoice (by email if agreed) for each stage in 4.2 above setting out amount due. Cleared funds MUST be paid to us within 5 working days of the date of invoice. Bank transfer is our preferred method of payment. Our sort code 08-92-50. Account number 70971965. Cheques should be posted by return of post and made to Attic Designs Ltd. All payments required will be listed in statement of account upon signing of contract and will amount to the total contact sum. This will exclude any variations and/or unexpected works.
4.4 Should any payment as set out herein be late then the Contractor shall be entitled to charge you interest upon the same to you at the rate of 8% per annum. Any such interest shall be added to the next stage payment and payable at that point.
4.5 When we have finished the Contract Works (practical completion) we will send you a statement.
4.6 For the avoidance of doubt practical completion shall be the Completion Date where applicable and where not applicable shall be the date upon which the Contractor considers that the Contract Works are practically complete.
4.7 Should you fail to make any interim payment and/or the final payment to the Contractor in accordance with these terms and conditions of business, then we shall have thy right to suspend the Contract Works and/or any part thereof and leave the Site until any and all outstanding payments are made. In addition we shall be able to charge any reasonable remobilisation costs to the Site upon the end of such suspension.
- Progress of the Contract Works
5.1 You must allow us all necessary access to the Site and keep the Site clear of all obstructions so we can carry out the Contract Works.
5.2 In order to commence, carry out and complete the Contract Works we shall require the use of scaffolding. The cost of the scaffolding is within the Contract Price. However you must allow us all necessary access to the Site to permit the erection, maintenance and dismantling of all scaffolding. Further (and if required by any neighbouring property owner) you will be responsible for entering into (at your cost) any scaffolding licence agreement with such a property owner necessary to permit the erection, maintenance and dismantling of the scaffolding and will ensure that you notify your insurers and maintain insurance cover in relation to that scaffolding and your obligations under any scaffolding licence agreement to any neighbouring property owner and to all others for all loss and/or damage and/or death and/or personal injury and in so doing so you hold the Contractor harmless against any and all claims in this respect. If you inform the Contractor that such licence and/or permission is in place then the Contractor is entitled to rely upon that representation and you will indemnify and hold harmless the Contractor against any and all claims and actions should such representation be false.
5.3 Although we carry insurance for our employees and for third parties it shall be the Client’s responsibility to ensure that the Site and the Contract Works thereupon are insured against any loss and/or damage thereto
5.4 Unless we agree otherwise in writing and save for the applications for Planning Permission and Building Regulation Control (for which we will remain responsible but for which you will be responsible in any event for payment of the relevant fees ), you must get all permissions you need before we start the Contract Works and keep to any conditions relating to the Contract Works (including paying all the relevant fees). This may also include any Ecology report required concerning protect species such as bats and birds. The Contractor has no responsibility at anytime to make any enquiry of any sort as to whether the Contract Works are permitted and/or restricted in any way by manner of any restriction, easement, covenant and/or law or byelaw of any description (whether noted on the title deeds and/or recorded at the relevant land registry or not) governing, affecting and/or influencing the use of the Site and/or any works that may be carried to and/or upon the Site. This will also include the 1996 party wall act. If you break this condition you must pay the Contractor any losses and damages we suffer. You will also hold the Contractor harmless against any claims and or actions taken against the Contractor in relation to this condition and you also agree to indemnify the Contractor in respect of all and any claims and/or actions taken against the Contractor which will include any costs incurred in connection therewith.
5.5 Unless otherwise agreed in writing when the Contract Works are completed, whoever is responsible for getting Building Regulations approval or Planning Permission is also responsible for getting formal written confirmation that the Contract Works meet those regulations or permission.
5.6 Any materials or goods we supply will be:
5.6.1 new, unless you agree otherwise in writing;
5.6.2 of satisfactory quality;
5.6.3 of the description you give for their type, as far as possible;
5.6.4 of the appropriate British standard and codes of practice in force at the date of placing the order; and
5.6.5 fit for their normal purposes.
5.7 You agree that prior to the commencement of the Contract Works you will remove from the loft and/or any other storage areas adjacent to the roof all items whether fixed and/or freestanding and will be responsible for their storage. All carpets/floor coverings in the work area to be removed by client. If we remove carpets/floor coverings it will be at the client’s risk.
5.8 Save for any excess materials not used in the Contract Works which will in all circumstances remain in the ownership of the Contractor, You will not own any materials or goods delivered to the Site until you have paid the Contractor the Contract Price plus VAT in full and the full cost of any Variations and unexpected works plus VAT.
5.9 You are responsible for making sure that the details shown in the Documents:
5.9.1 meet all legal requirements (including planning and building regulations); and
5.9.2 are fit for the intended purposes.
5.10 We shall be responsible for the design of the Contract Works, however we shall not responsible for any problems in the design which result from your failure to abide and conform to condition 5.4 above.
5.11 In so far as the Contractor’s design responsibility for the Contract Works is concerned then the Contractor’s liability under the Contract for any loss and/or damage, and/or costs and/or claims will be limited to the net invoiced value of the Contract Price
5.12 In any event Contractor’s liability under the Contract and/or in negligence for any loss and/or damage, and/or costs and/or claims will be limited to the value of the Contract Price and the Contractor shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, and/or any indirect or consequential loss arising under or in connection with the Contract or the Contract Works and as the same may be varied.
5.13 The Customer remains responsible for and shall take out and maintain insurance in respect of all existing structures and contents on the Site and shall remain responsible for any loss of and damage to any existing structures and contents on the Site (limited to the net invoiced value of the Contract Price)unless it falls within the Contractor’s responsibilities herein . We will be entitled to see this policy.
5.14 The Contractor shall remain responsible for insuring against any loss of and damage to the Contract Works (limited to the value of the Contract Price) until practical completion or the Customer ends the Contractor’s employment, whichever happens first.
5.15 The Contractor will only be responsible for any loss of and damage to any existing structures and contents on the Site (limited to the net invoiced value of the Contract Price), if the loss and damage is caused by the Contractor’s negligence or by the negligence of any person the Contractor is responsible for.
5.16 If part of the loss and damage is caused by someone else, the Contractor we will only pay its share of that damage and/or loss that it is proven it was responsible for subject to that share not exceeding in value the limit on the Contractor’s liability as aforesaid.
5.17 For the material design element or specification carried out by the Contractor we will take out suitable insurance cover for at least the Contract Price however we refer to the extent of the Contractor’s liability as stated above.
5.18 We will pay you any losses and damages you have to pay as a result of your legal liability for personal injury to, or the death of, any person arising out of or in the course of, or caused by our proven negligence in carrying out the Contract Works. This does not apply if clause 5.19 applies.
5.19 You will be responsible for personal injury or death caused by your negligence or the negligence of any person you are responsible for.
5.20 We will pay you any reasonable losses and damages you have to pay as a result of your legal liability for loss of or damage to any property of another person only if it arises out of, or in the course of, or is caused by carrying out the Contract Works and it is caused by any proven negligence of the Contractor or the negligence of any person we are responsible for.
5.21 We will include you as an insured person under our insurance policies.
5.22 You or we must immediately let the insurers know about any claims. You and we must keep to the terms and exclusions of the insurance policy. If you or we fail to do this, the insurance may no longer be valid.
5.23 You agree to provide for us at you expenses:
5.23.1 toilet and washing facilities;
5.23.4 storage space;
5.23.5 sufficient room at the Site for a skip(s) to permit us to collect and then dispose of unwanted materials from the Site. Please note that skips are for the sole use of the Contractor in connection with the Contract Works only.
[Please cross out any services which are not available. Both you and we must write initials next to that]
- Changing the Contract Works
6.1 If you want to change the Contract Works (“Variation”) you must: confirm this in writing; and do so within 7 days, if you first tell us.
6.2 We will then adjust the Contract Price.
6.3 We will carry out any Variation instructed by an appropriate local authority or public utility officer but only after giving you written notice. However, if you can change those requirements, while still meeting your obligations herein you may do so. But you must tell us in writing before we start carrying out that change.
6.4 Whichever applies, we will adjust the Contract Price accordingly. Variations will be paid for by you in accordance with clause 4.
6.5 The Contract Price will be adjusted by:
6.5.1 written agreement before the Variation is carried as to extra cost of the labour and materials and any profit.
6.6 If unexpected work arises, we will tell you and ask how you want us to go ahead. Unexpected work will be paid for by you in accordance with clause 4.
6.7 You may not use or instruct our employees, subcontractors or tradesmen. If you do, you will have to pay us as if we had carried the work out.
6.8 We will be responsible for all health-and-safety issues relating to the Contract Works.
6.9 If CDM [Construction (Design & Management) Regulations 2007] applies, we must keep to our obligations and you must keep to your obligations.
6.10 If the Contract Works are delayed or last longer than expected for any reason (including Variations, unexpected work, failure to provide cleared funds on time, your delayed instructions or lack of instructions on the Contract Works, if we suspend all or part of our obligations under the Contract, if the Contract Works are obstructed by any matter we do not control, weather conditions which delay or prevent us from continuing the Contract Works, civil commotion, wars, riots and lock-outs (other than our fault) and/or is disrupted for any of the above reasons (other than by our fault), we may adjust the Contract Price accordingly.
6.11 If it is your fault, we will be entitled to claim for any loss and expenses caused.
6.12 If the parties have opted for a Commencement Date and Completion Date then if the Contract Works are delayed or last longer than expected for any reason (including Variations, unexpected work, failure to provide cleared funds on time, your delayed instructions or lack of instructions on the Works, if we suspend all or part of our obligations under the Contract, if the Contract Works are obstructed by any matter we do not control, weather conditions which delay or prevent us from continuing the Contract Works, civil commotion, wars, riots and lock-outs (other than our fault) and/or is disrupted for any of the above reasons (other than by our fault), the Contractor shall be entitled (in addition to any loss and expense it suffers as a result of any delay and/or disruption) to have the Completion Date extended to such date as the Contractor deems appropriate to complete the Contract Works.
6.13 If no Commencement Date and/or Completion Date has been agreed then any delay and/or disruption (as set out in clause 6.12 above) shall be taken into account in considering what a reasonable time for completing the Contract Works is and the Contractor shall be entitled to any loss and expense it suffers in any event.
7.1 Without affecting the Customer’s other legal rights and remedies, the Customer can end the Contract in one (or more) of the following circumstances.
7.2 If, without reasonable cause, the Contractor:
7.2.1 stops work for 14 days in a row; and
7.2.2 you send us a written notice, telling us to restart the Contract Works and we do not do this within 14 days of receiving your notice.
7.3 If we go into liquidation.
7.4 If we make a composition or arrangement with our creditors.
7.5 If we are wound up.
7.6 If a receiver or manager is appointed over our business, unless this is to amalgamate or reorganise the business.
7.7 However, we can still use all our legal rights and remedies.
7.8 Without affecting our legal rights and remedies, we can end all or suspend all or part of our obligations under the Contract in one (or more) of the following circumstances:
7.8.1 If you fail to pay any sum and/or amount due and owing in cleared funds and accordance with these terms and conditions (and/or as otherwise agreed) on the date that it is due for payment and still fail to pay for 7 days after receiving a written notice we send demanding payment and warning you of our intention to end all or suspend all or part of our obligations under the Contract at the end of that 7 day period.
7.8.2 If you, or anyone you employ or your agent, interfere with or obstruct the Works or fail to make the Site available for us (without good reason) for the Works (or any one or more of these).
7.8.3 If you become bankrupt or go into liquidation, or make a composition or arrangement with your creditors (or any one or more of these).
|7.9 Should we use our right to suspend part of the Contract, we can still end our obligations under it, if you are still at fault (as shown in the conditions above)7.10 We will be entitled to:|
7.10.1 all relevant payments herein; and
7.10.2 any reasonable costs and reasonable losses we suffer (including loss of profit) involved in or resulting from ending all or suspending all or part of our obligations under the Contract within 14 days of asking for payment of the same.
7.11 If chosen over termination then our right to suspend performance ends when you pay the amount due in full unless in the meantime we have ended our obligations under the Contract.
7.12 However, you can still use all your legal rights and remedies.
7.13 We can subcontract any part of the Contract Works, but we will still be responsible for the Contract Works however we will not be liable for any one (or more) of the following:
7.13.1 the satisfactory quality or fitness for purpose of any materials or goods, chosen by you from or selected by your named subcontractor or your named suppliers (or any one or more of these); or
7.13.2 any defective design by your named subcontractor.
7.14 Before the completion of the Contract Works we will remove all rubble, surplus materials, rubbish, tools and scaffolding on the Site and leave it clean and tidy. We will not be responsible for removing any items you, or any person we don’t control, place on the Site.
8.1 As members of the “Trustmark” scheme, registered though the Federation of Master Builders. Membership no. 11336. We adhere to a code of conduct. If you have any queries or complaints please contact us and we will endeavour to resolve the issue as soon as possible. Should you remain dissatisfied with the way your query has been dealt with we can refer you to the Ombudsman service, an independent complaint resolution company or to arbitration through the Trustmark scheme, for those who wish to avoid the cost of court fees. Further information can be found at www.trustmark.org.uk.
8.2 Any dispute or difference arising from or in connection with the Contract Works or the Contract (or any one or more of these) will be dealt with through the Courts should 8.1 fail.
Notice of the right to cancel
(for work that is requested by the customer to start immediately).
Contract reference number
Details of work to be done
Address of work
You have the right to cancel the Contract if you want. You can do this by delivering by hand, posting, or sending by email a cancellation notice to the person named below at any time within fourteen working days after the day on which the Contract is signed.
We will not start work under the Contract until after the cancellation period has come to an end, unless you tell us to ‘start work now’. If you tell us to ‘start work now’, you still have a right to cancel the Contract within the seven-working-day period, but we will charge you for any work which we do before we receive your cancellation notice.
We will treat notice of cancellation as being served as soon as it is sent to us or the date on which it is sent to us electronically.
If it applies, any credit agreement relating to this Contract will automatically be cancelled when the Contract is cancelled.
You must cancel the Contract in writing. You can use the enclosed cancellation form but you can send us a cancellation in any other form as long as it is clear that you want to cancel.
The right to cancel only applies if:
you are a ‘natural person’ (in other words, not a limited company); and
not acting for business purposes.