INTERPRETATION: CLIENT: means the person named on the Quotation for whom the Contractor has agreed to provide the Specified Service(s) in accordance with these terms. CONTRACT: means the Contract for the provision of the Specified Services CONTRACTOR: means HAL Group QUOTATION: means the Quotation to which these Terms are appended SPECIFIED SERVICE(S): means the service(s) to be provided by the Contractor for the Client and referred to in the Quotation
THE QUOTATION: Terms and Conditions: Unless specified otherwise (for example where the contractor has entered into a separate Term Agreement for supplying services) the contractors quotation is subject to the associated Terms and Conditions and they form part of this offer and must be incorporated in any order or contract. Specification: It is the Client’s responsibility to provide clear unambiguous information in writing/drawing describing the work to be carried out, allowing sufficient time for the contractor to progress the contract works in accordance with its terms as a continuous operation.. The quotation will be the contractor’s interpretation of the Client’s requirements and may not include all the work the Client wishes to be undertaken. Acceptance period: The quotation is exclusive of VAT unless otherwise stated and remains open for acceptance for a period of 30 days from the date hereof, after which it may be subject to revision or withdrawn, subject to availability of plant, labour and materials at the time of placing the order. The Contract: A contract will be established when the Client gives a verbal or written order to proceed with the work. Verbal instructions should be confirmed in writing by the Client or as a Confirmation of Verbal Order by the contractor.
INSURANCES: Client Insurance: Irrespective of any insurance taken out by the contractor, the Client should inform their insurer that works are to be carried out at the property and satisfy themselves that they are adequately covered by insurance. Unless expressly agree the contractor is not liable for the loss or damage to the works, materials or site or any property of the customer, unless the same is caused by negligence of, or breach of contract by the contractor. Contractor Insurance: The contractor will maintain appropriate levels of Public/Products Liability and Employers Liability insurance
PLANNING & OTHER REGULATORY PERMISSIONS: Planning and other consents: The contractor shall not be held liable for any works undertaken at the Client’s instructions if that work requires planning or other consents, which the Client has not obtained. Unless requested as part of this contract, it is the responsibility of the Client to apply for and pay all appropriate fees for such consent prior to the commencement of the works. Site Inspections: The work covered by our quotation may require building regulation/planning approval. Our price does not include for any fees payable to the building control or planning officer for inspection or for any work they may deem necessary, unless otherwise stated in our quotation.
PROGRAM/PROGRESS OF WORK: Working Arrangements: All prices quoted are calculated on the basis of free access an unimpeded working during our normal working hours (8 am – 5pm Mon-Fri) unless otherwise agreed. Should weekend, holiday or other extraordinary hours be required the Client may incur an additional charge. Continuous Working: The contractor has based the quotation on all instructed works being able to be undertaken at the same time, with no material delay to the continuous flow of work. The Client will be liable to compensate the contractor for additional labour and plant costs that are unavoidably incurred by disruption to the steady flow of work due to no fault of the contractor. Works Program: The contractor will provide a works program where possible. However, it should be noted that these are for guidance only and no claim will be entertained for late completion of works where inclement weather, late delivery of materials due to no fault of our own or labour problems due to problems outside of our control, will be entered into. If progress or completion of the work is delayed for any reason outside the control of the contractor, then the company may give notice and request a fair and reasonable extension of time for completing the work. The Client may then be liable to pay the contractor for all additional costs resulting from delay. Should the Client consider the contractor to be responsible for the delay, it shall be a condition precedent to the consideration of any claim made against the contractor that written notice of the alleged delay be given to the contractor within seven days of the delay having occurred. Changes made during works: Should the Client decide to change the contract design during the works period, any delays caused or experienced by this cannot be held as the contractors fault and the contractor will not accept any financial penalty as a result. Should the above delays cause loss to the contractor, we reserve the right to recover these costs from the Client and will detail these in our final account.
VARIATIONS: Changes to the specification: Any changes or alterations to the quoted works, or to the materials requested by the Client may result in an alteration to the costs. All additional works instructed to be carried out during the course of works will be subject to additional charges based on an agreed value or a day rate basis with any extra materials charged for accordingly. Timing of Variations: The value of variations to work included in the contract should be agreed before the variation is carried out. The value of such variation shall be added or deducted from the price stated in the quotation. No variation shall vitiate the contract. Any variation will be carried out expressly subject to these conditions. Materials Price Increases: The quotation provided is based upon known costs for materials etc. at the time of preparation. Whilst the contractor aims to keep within the quoted costs, if there are sudden material price increases within the general marketplace for goods specified, then the contractor reserves the right to pass on these increases to the Client. The Client will be notified of any such increase.
SITE CONDITIONS: Damage to personal items: Whilst all due care will be taken, the contractor cannot be held responsible for dust/dirt that may be caused during the period of our work, nor can we be held responsible for any damage caused to personal items left within our ongoing work area, unless provision is made to the contrary in our quotation. These items should be removed/relocated or covered before arrival on site. Site Provisions: The contractor will be allowed reasonable access to the Client’s water, electricity and toilet facilities at the cost of the Client or occupier. If not available then an additional charge may be made to provide these services to comply with Health and Safety guidelines. The Client will make available reasonable storage space for the duration of the works. Access Issues: It is the Client’s responsibility to ensure issues of access are arranged prior to starting a project, i.e. a key-holder has been designated, all necessary doors or windows are open or any other means of access has been pre-arranged. The Contractor reserves the right to make a charge for time lost on the project resulting from limited or no access issues. Free access is required for delivery of building materials, plant machinery and skips etc. The right of access to and collection of used or unused building materials, equipment and plant etc. remains in place until full payment is received. Site Security: Whilst every effort will be taken to ensure site security for the duration of the project, the contractor will only be liable for security issues where we have acted negligently or without due care and attention. Where required, the contractor shall agree working areas and as such these areas will be out of bounds to other occupiers of the building on the grounds of Health and Safety. Access to these areas will only be permitted through contacting the appropriate person in charge and ensuring on all site safety requirements are complied with. Site Safety: The contractor will make all reasonable effort to ensure the safety of the public by displaying all relevant site safety information and instructions. For the duration of the works it is the individual’s responsibility to follow the guidelines set out on any attached Risk Assessment, engineer’s advice or any warning notices. The contractor will not be held responsible for the safety of the individual or property unless these guidelines are strictly adhered to. Safety clothing PPE should be worn at all times.
TECHNICAL ITEMS: Party Wall: The Client is responsible for gaining “Party Wall” agreements (details of “Party Wall” agreements are available on request). The Company shall not be liable for any damage or nuisance caused to neighbours property during the normal execution of the contract works. The Client is responsible for notifying, informing and agreeing with neighbours the manner and sequence of work to be undertaken. Boundary Lines: It is assumed that all boundary lines included in this contract are owned by the Client unless otherwise stated, and that any shared boundaries have been discussed with third parties. Private Covenants: Investigation of Private Covenants and boundary details shall be the responsibility of the Client and no liability is accepted by the Contractor for a breach of any such covenant or boundary line. Underground Services: Unless a plan detailing the location of underground pipes, wires or cables has been forwarded to us by the owner, occupier or agent prior to the formation of the contract, the Contractor accepts no liability for any damage caused to these services as a result of the work performed under this contract. Working on a Public Highway/Public Footpath: Whilst working on Public Highways or footpaths the Contractor will endeavour to comply with all current legislation regarding traffic and pedestrian control. Any charge for road closure or partial road closure will be the responsibility of the Client unless otherwise agreed in writing. Hidden Obstructions: Quotations for any works that involve soil excavation are based upon the assumption that there are no embedded artefacts or hidden obstructions (not including old fence post footings) on the site that will interfere with the works carried out in this contract. In the event of such observations being encountered, the Contractor reserves the right to re-quote accordingly. Site Conditions: The Contract price is based on the site conditions at the time of the formation of the contract. Product Finishes: Unless specified in the quotation, all finishes will be based upon contract/trade ranges. Surface finishes: Unless specifically mentioned, no provision is made for the building structure after removal of surface finishes, repair of plastering beneath parapet walls or tiled surfaces, as it is assumed that such plastering is in good condition and is suitable to take the specified treatment. Similarly the costs of the repairs and renewals of any defects which are not visible at the time of the quotation will be chargeable, unless allowance for such items is specifically included in the quotation. Removal of waste: The Contractor will leave the work site clean and tidy at the completion of the contract. All arising’s e.g. soil, rubble, cuttings and timber off-cuts will be removed from site unless otherwise stated on the quotation or an alternative arrangement is agreed on the day of the works with the Client. No claim will be entered into for items disposed of that the Client actually wanted to keep if no such agreement has been made. Dimensions: All dimensions mentioned are approximate. Perished or rotten timber: No responsibility is taken by us for the presence of perished or rotten timber (or any other perished or rotten materials) in existing structures such as doors, windows and frames, whether detected or undetected at the time of the formation of the contract. Faulty materials: Sound materials suitable for their respective purposes will be used, but are supplied subject to any condition of sale attached thereto by the manufacturers or suppliers so far as such conditions are not inconsistent with these terms and conditions of trading. In the event of any materials proving faulty, the contractor’s liability for making good may be limited to such amount as may be recovered from the manufacturer or supplier. Use of Client’s own materials and goods: Except as expressly agreed, the contractor shall provide all labour, materials and equipment necessary for the proper execution of the work. All reasonable care and attention will be taken in the use and fixing of any materials or goods supplied by the Client, but, in such circumstances, no responsibility for their suitability, or for damage to or caused by them during fixing is accepted. Changes in Legislation: The contractor aims to carry out works in accordance with current legal and building regulations. The contractor will not be liable for any changes to the regulations which were not in existence at the date of the formation of this contract. Structural Damage: Whilst all due care will be taken, the contractor cannot be held responsible for any cracking or damage that may occur by movement or vibration in the structure during the course of the works. Effect of weather: Whilst we will take all due care with works carried out, in the instances of pointing, rendering and any other cement related works, we cannot guarantee weather not having an effect on it. Asbestos: The Client has a duty of care to the contractor and will make the contractor aware of the presence of asbestos at the earliest opportunity; otherwise the contractor will assume that there is no asbestos present within the property. Discovery of asbestos may result in the delay of the contract and may require the intervention of specialist contractors, which will be at the Client’s own costs. The contractor reserves the right to be compensated for additional costs incurred by such a delay or for additional works that result from the discovery of asbestos. The welfare of on-site personnel shall be the paramount concern.
TITLE & RISK: Risk in the goods shall pass to the Client when the goods are delivered to site. The property in the goods shall remain with the contractor, including where such goods have been affixed to the land or property, until the Client pay all sums due to the contractor, whether in respect of this contract or otherwise.
PAYMENT: VAT: All quoted prices are subject to VAT and the standard rate prevailing, unless stated otherwise. Interim Payments: Where interim payments have been agreed, payment becomes due on receipt of interim invoice. Final Payment: The final price, including variations and after deducting interim payments becomes payable 14 days after the invoice date. Dispute: In the event there is a dispute with the final invoice, or the work carried out, any disputes should be raised in writing within 5 days. Should we not receive written notice within 5 days then payment is due and the resolution of the dispute will be dealt with internally. If the Client disagrees with the contractor’s valuation, then Client should pay the proportion which is acceptable, giving reasons in writing for the shortfall. Where we have not received correspondence within 5 days from the date of invoice and the payment is still outstanding after 14 days, interest will accrue on the outstanding balance at a rate of 2% compounded interest per month calculated from the due date.
GUARANTEES: Work undertaken: The contractor will exercise all proper care to ensure that the work is soundly and adequately constructed/ undertaken in the way and for the purpose for which the Client has requested and that when finished it complies with all applicable regulations, to include Building Regulations, Gas Safe regulations and NICEIC regulations Workmanship: All Clients will benefit from a full guarantee on our workmanship for a period of 6(Six) months after completion. Materials: Guarantees on materials run in accordance with manufacturer’s warranty periods where applicable. Exclusions: Our guarantee does not cover the integrity of any existing structures, materials or decorations. Decorations are signed off on completion and are not covered by guarantee. Work that is undertaken against the advice of our operatives, goods or items supplied by the Client or goods that have been misused, treated negligently or tampered with are excluded from our guarantee.
CONTRACT TERMINATION: Client Cancellation: The Client has the right to end the contract if, without reasonable cause we stop work for a period of 14 working days, then the Client is entitled to send us written notice by recorded delivery instructing us to re-start within 2 days or work more consistently. If we do not respond within 7 days the contract is deemed to have ended, although we can still rely upon our legal rights and remedies. Any monies due become payable upon termination. Contractor Cancellation: Without affecting our rights and remedies, we can suspend or end this contract on one or more of the following circumstances: 1) If the Client fails to pay any interim invoices and still fail to pay for 7 days after receiving a written demand for payment. 2) If the Client or anyone employed by the Client, or agent or relative interfere with or obstruct the work or fail to make the site available to us (without good reason) for the contract period. 3) If the Client becomes bankrupt or goes into liquidation, or make a composition or arrangement with creditors (or any one or more of these). After the contractor uses its right to suspend this contract we can end it if the Client is still at fault, and will be entitled to all payments and costs involved in suspending or ending the contract.
FORCE MAJEURE: The contractor will not be liable in damages or otherwise for non-performance of the contract because of adverse weather conditions, strikes, lockouts, war and civil commotion or any other conditions beyond our control. Further, the contractor retains the right in such circumstances to cancel the contract in whole or in part.
MARKETING: Photograph: The contractor reserves the right to use photos of work completed for its website and in promotional literature. Names and addresses will not be released without prior permission being gained from the Client Signage: The contractor reserves the right to erect temporary name/signs/banners on the property whilst working, preparing to work and for a period of one month after work has completed.