DAVID ROWELL LTD
TERMS AND CONDITIONS OF TRADING
1. Except as expressly agreed in writing by the Contractor, the Contractor shall provide all labour, materials and equipment necessary for the proper execution of the works.
2. Where the Client specifies or supplies materials or goods that might not be suitable for their proposed use, the Contractor shall not be obliged to inform the Client of the possible lack of suitability, nor shall the Contractor be liable for any loss or damage caused by the incorporation or fixing in the works of such goods or materials
3. The value of any variations to the work specified in a quotation, estimate, or an instruction to commence work requested by the Client, must be agreed in writing by the Contractor and the Client before the variation is carried out.
4. Defects which exist at or may appear within three months from the completion of the works if proved to arise from workmanship or materials not in accordance with that specified in a quotation or estimate will be made good by the Contractor at his own cost. Notice in writing of such defects must be given to the Contractor before the expiry of the period stated.
5. The Contractor shall not be liable for any consequential loss caused to the Client howsoever arising including negligence, save for death or personal injury caused by the Contractor’s negligence.
6. (a) Invoices are due and payable as stated at the foot of each invoice.
(b) The Contractor reserves the right to charge interest at 2.5% per month on all sums overdue.
(c) The Client agrees to indemnify the Contractor against any costs incurred in obtaining payment as a result of the Client’s failure to comply with clause 6(a) above.
7. Unless otherwise specified, credit has been allowed for any materials necessarily removed to allow the execution of the works.
8. (a) The date indicated for completion of the works is an estimate only, and is subject to alteration in the event of delays occurring through inclement weather, strikes or lockouts affecting the Contractor either directly or indirectly, additions and variations to the works described in a quotation or instruction to commence work or any causes beyond the Contractors control.
(b) The Contractor shall not be liable for any loss caused by the failure to complete the works on the date given.
9. The Client shall advise his insurers that construction works are being carried out on his property and shall satisfy himself that he is adequately covered by insurance against all forms of loss or damage that might arise out of the carrying out of the works whether caused by the negligence of the Contractor or otherwise.
10. Although care shall be taken by the use of “Cat and Genny” cable locators the Contractor shall not be held responsible for any loss, damage or breakage, how so ever caused to any underground pipes, cables, ducts or any other underground equipment not identified in writing by the Client prior to the works commencing.
11. All quotations and prices given are subject to VAT at the prevailing rate, unless otherwise stated. Unless previously withdrawn by the Contractor quotations and estimates shall remain valid for a period of thirty days from the date of issue. The Contractor reserves the right to increase any prices contained in a quotation or estimate resulting from changes to Planning Permission or Building Regulation Consent notified after the date of the quotation or estimate.
12. The Client is responsible for:-
(a) Payment of all Local Authority or Professional fees; and
(b) Obtaining all necessary Planning Permissions and Building Regulation Consent prior to the works commencing and shall indemnify the Contractor against any loss, damage or costs including consequential loss incurred or suffered as a result of the Client’s failure to do so.
13. Skips are supplied for depositing rubbish from the works only and no other rubbish may be deposited in these skips.
14. All acceptances, contracts, orders, quotations, estimates and instructions to commence work are subject to these terms and conditions alone, which supersede any agreements, arrangements, statements, representations or negotiations made between the Contractor and the Client.