General terms of service
Our terms are fair and simple
Terms
The term of our Agreement commences on the later to occur of:
1. The date you accept the quotation
2. 21 days after we receive from you the duplicate of this letter counter signed by authorised representative;
3. The date upon which you pay first progress payment of if so required by the quotation
The period for the completion of our works (“the Term”) commences on the date so established and extends for 5 weeks, but is subject to reasonable extension for any of the following reasons:
1. Any delay on your part in providing us with access to the premises;
2. Strikes, acts of God and other events over which we have no control and which inhibit our capacity to carry out the works;
3. Delays in the availability of materials from third party suppliers;
4. Inclement weather, to the extent that it impacts upon the works.
Our Building Obligations
1. During the Term and by reference to the Project Design and the Scope of Works we will carry out the Building Works;
2. For the purpose of carrying out the Building Works we will comply with relevant building regulations and laws, unless the Scope of Works imposes on you an express obligation to obtain the building or other permits;
3. When we engage sub-contractors (which you expressly acknowledge that we are entitled to do) we will supervise the sub-contractors in order to ensure that all materials they supply and the works they perform are in accordance with the Project Design and the Scope of Works;
4. Following completion of the Building Works we will be responsible for rectifying at out expense any defects of workmanship or materials that are brought to our attention in writing during the period of 6 weeks after completion;
5. If, during the course of the Building Works we become entitled to the benefit of any warranties from other parties, we will assign to you the benefit of those warranties;
6. During the conduct of the Building Works we will be responsible for any damage to your property to the extent that it is directly attributable to our neglect or default or the neglect or default of any sub-contractor engaged by us.
7. During the conduct of the Building Works we will also assume responsibility for injury suffered to any person to the extent that it is due to our negligence, act omission or default or the negligence, act, omission or default of a sub-contractor engaged by us;
8. Whilst the Building Works are under way we will ensure that we have appropriate public liability insurance in place;
9. Upon completion of the Building Works we will provide you with a Certificate of Practical Completion from a registered building practitioner, which will certify that the Building Works are complete;
10. In the event that the Building Works are not completed during the Term (as extended on account of factors beyond our control) we will pay you liquidated damages for each entire week of delay in completing the works at the rate set out in the Scope of Works.
Your Obligations
In consideration of our carrying out the Works in accordance with the Project Plans and or the Scope of Works you must:
1. Provide us with such documentary evidence as we may reasonably require that you have the legal right to occupy the premises and to commission the carrying out of the Building Works at the premises;
2. Provide us with documentary evidence of your capacity to discharge your financial obligations to us pursuant to this agreement;
3. Advise us in writing of the person engaged by you who is authorised to represent you in all our dealings in relation to the project;
4. Provide us and our sub-contractors with unhindered access to the premises for so long as is reasonably required by us for the purpose of carrying out the Building Works. If the access you provide to us is not exclusive, and if we are required to work in the presence of your employees, then you will accept full responsibility for any negligence, acts, omissions and default of your employees or representative who are on the premises during the course of the Building Works; 5. In the event of a matter beyond our control causing a delay in the Building Works, you will extend the Term to such extent as is reasonable;
6. Pay us progress payments in accordance with the Scope of Works.
7. In the event of your delaying payment of progress payments in accordance with the Scope of Works you will pay us interest at the rate of 15% per annum, calculated monthly, on the outstanding progress payment;
8. In the event that you breach your obligations with respect to payment pursuant to this agreement you agree to pay any legal costs incurred by us in enforcing this agreement on a full indemnity basis, so that we are not out of pocket as a result of your breach.