The
following terms and conditions are used in order to
try and avoid any misunderstandi4ngs or disagreements
arising in the future. There may be occasions where
certain terms and conditions may seem inappropriate
and in such circumstances unless alternatives are
agreed in writing there terms and conditions shall
be binding
.
DEFINITIONS
The ‘Contractor’ means Merlin Truline
Roofing Ltd.
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)
1. CONTRACT
1.1 Acceptance of this quotation by the Employer shall
constitute a binding Contract between both parties.
1.2 Unless otherwise agreed by the Contractor in writing
the following Terms & Conditions shall apply.
1.3 Any stipulations or conditions on the employer’s
order or acceptance of the Quotation which conflicts
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.
1.4 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.
1.5 The Contractor reserves the right, by giving notice
to the Employer at any time before commencement, to
increase the price of the Quotation to reflect any
increase in 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. In any of
these circumstances and where the Contractor gives
notice, the Employer or the Contractor may cancel
this Contract and the Contract will be void.
2. BUILDING LICENCES
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
that may be required in connection with the Works,
goods, or materials. The Contractor shall be reimbursed
by the Employer in full for all loses arising from
non 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.
3. MATERIALS
3.1 All material supplied by the Contractor and delivered
to Site, shall remain the property of the Contractor
until paid for.
3.2 The Contract gives no warranty in respect of products
and materials with the Employer has specified, and
the Employer shall indemnify the Contractor against
any claim, howsoever arising, in respect of any materials
specified by the Employer.
3.3 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.
3.4 The Employer will provide safe and adequate storage
for material delivered for the Works.
4. ROOF STRUCTURE
Unless otherwise stated in the Description of the
Works the Contractor has made no allowance in the
Quotation for:-
4.1 Replacement, alteration, treatment or strengthening
of any structural elements.
4.2 Alteration of the existing substrate or structure,
improvement of drainage, water runoff or other improvements
to the Employers premises.
CIRCUMSTANCES OUTSIDE THE CONTRACTORS CONTROL
5.1 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 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.
5.2 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.
6. CONSEQUENTIAL DAMAGE
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:-
6.1 Weak or defective existing structures,
6.2 Soot or other falls,
6.3 Ceilings that are fixed directly to the rafters
or joists,
6.4 Where the Contractors recommendations have not
been followed,
6.5 Extreme or unusual weather conditions,
6.6 Delays outside the Contractor’s control.
7. TERMS OF PAYMENT
Upon delivery of material and/or the erection of any
scaffolding and/or the commencement of the Work the
Employer will pay the Contractor 25% of the quoted
value of the Works.
Upon receipt of any invoice or application the Employer
shall pay the Contractor the value of any completed
work and/or the value of the materials delivered to
Site, such accounts will include scaffolding or other
start-up costs. The Employer shall pay the Contractor
100% of the quoted cost of the Works plus VAT upon
practical completion (less any previous payments)
as notified in writing by the Contractor. In the event
of a bona fide defect in the Works the Employer will
notify the Contractor in writing within fourteen days
of receipt of the Contractors invoice and subject
to the Contractors reasonable discretion the Employer
will pay 95% of the value of the invoice for the Works
plus VAT, the remaining 5% will be paid immediately
upon completion of remedial works.
7.1 If payment is delayed the Contractor shall be
entitled to interest at the rate of 2.5% per month
on the outstanding sum until payment is received.
8. INSURANCE
The Employer will insure all fixed work against any
loss and/or damage howsoever caused.
9. ANCILLARY WORKS
9.1 The Quotation is for the specified Works only
and does not include the following:
9.2 Removal and subsequent replacement of furniture,
effects, floor coverings, and other obstructions.
9.3 Any fixings other than those specified.
9.4 Removal of dust or the like from roof space or
the protection of water tanks or personal affects
from dust and debris and the like.
9.5 Removal/protection of any items in the roof space.
9.6 The Employer is to notify adjoining properties
if shared Works are to be carried out on the chimney
stacks, party parapet walls, bay roofs, back additions.
When working on shared chimney stacks dust and debris
can fall into the adjoining properties while every
care will be taken to avoid this.
10. GENERAL
The Contract will be governed by the laws of England.
10.1. All Sums are exclusive of VAT unless otherwise
stated.
10.2. This Quotation is open for acceptance for 90
days.