Terms and Conditions
Milbourne Construction Limited General Terms and Conditions
a) In these terms and conditions (which are referred to in this document as these terms), “Client’ shall mean the Client whose name and details appear overleaf or in the Agreement to which these terms are a schedule and “Contractor” shall mean Milbourne Construction Limited. trading as homeconcepts, and with whom the Client contracts upon the following terms and conditions in respect of the services to be provided.
a) The client will be treated as a Commercial Account Client or a Domestic Client, according to the Contractors reasonable discretion.
b) All estimates given by the Contractor and all orders and instructions given by the Client are governed by these terms. They supersede any other terms appearing elsewhere and override and exclude any other terms stipulated or incorporated or referred to by the Client, whether in the order or instructions or in any negotiations or if any course of dealing established between the Contractor and the Client except where these terms are Schedule to an Agreement between the Client and the contractor, in which event these terms apply only to the extent not inconsistent with that Agreement.
c) The Client acknowledges that there are no representations outside these terms and those on the face of the contractors estimate or work authorisation which have induced him to enter into any contract with the Contractor and these terms and those on the face of the contractors estimate or work authorisation shall constitute the entire understanding for the performance of the work (as detailed in paragraph 4 below).
d) No modification to these terms shall be effective unless made by an express written agreement between the parties. The signing on behalf of the Contractor of any documentation of the Client shall not imply any modification of these terms.
a) Estimates by the Contractor are subject to withdrawal by the Contractor at any time before receipt of an unqualified acceptance from the Client and shall be deemed to withdrawn unless so accepted within 28 days from their date.
b) Unless otherwise specified by the Contractor in the relevant estimate, estimates are not firm or fixed price quotations. They are estimates of the likely cost of the works and are based on the information made available to the Contractor. The Contractor’s final price will be calculated on the basis specified in the estimate, if any, or, if none, in accordance with the Contractor’s standard Account Rate Card applicable at the time the works are carried Out Furthermore, the Contractor reserves the right to increase the price before carrying out the work by an amount equivalent to any increase to the Contractor in the cost of relevant materials since the date upon which the Contractor’s estimate, written or oral, was given, save that if this would increase the estimated price by more than 12% the Client may cancel the contract provided he does so before the work is begun or any relevant materials are ordered.
4) The Work
Save where varied in writing and agreed between the parties, the work to be performed specified in the Contractor’s estimate, Contractors specification document or as referred to in the Contractor’s Works Detail Sheet. All descriptions and illustrations contained in catalogues, price lists and advertisements, or otherwise communicated to the Client are intended merely to present general idea of the work described therein and nothing contained in any of them shall form part of the contract.
5) The Price
The price payable by the Client is calculated as specified in paragraph 3 above.
For all works where the total amount of the works including VAT exceed £5000.00 our standard payment terms are; 10% on booking of works, 40% 3 weeks prior to the commencement of works, 25% half way through the works with the remaining balance due within 7 days of the completion of works.
For all works where the total amount of the works including VAT is less than £5000.00 our standard payment terms are; 50% on booking of works with the remaining balance due with 7 Days of completion of works.
Commercial Account Clients:
Subject to paragraph 8 below invoices will be submitted to the Client within 7 days completion of work and payment must be made by the Client within 30 days after the date of the invoice. All materials provided by the Contractor remain the property of the Contractor until final invoice is paid in full.
7) Commencement and Completion Dates
Dates specified for the commencement and completion of the work are estimates only and time shall not be of the essence of the contract.
8) Inspection of Work
The Client shall inspect the work as far as it is reasonably possible to do so immediately upon its completion and if it considers that the work or any part thereof is not in accordance with the contract, it shall within 7 days give detailed written notice thereof. The absence such notice within the specified 7 day period will invalidate any claim made subsequently. The absence of any such notice, the work shall be conclusively presumed to be free from any defect which would be apparent on reasonable examination.
The Client shall indemnify the Contractor against all actions, suits, claims, demands, losses, charges, costs and expenses which the Contractor may suffer or incur in connection with claim by any third party resulting from a breach of the Client’s obligations, undertakings, representations and warranties under this contract.
10) Whole agreement and Exclusion of liability
These terms set out the Contractor’s entire liability in respect of the work and Contractor’s liability under them shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities, expressed or implied, in respect of the work and the quality thereof.
11) Limitation of Liability and Liability of the Contractor
Save as follows and in paragraphs 15 and 16 below, the Contractor’s liability shall be limited to;
a) The work guarantee referred to in paragraph 13 below and subject always to paragraph 8 above.
b) Liability for death or personal injury resulting from negligence in the course of carrying out the Contractor’s duties and liability for direct but not consequential loss or damage the Client’s property resulting from the Contractors negligence or that of his employees, servants or agents (Although care will be taken including the use of protective coverings where necessary the contractor cannot be held responsible for any damage caused to existing décor, fixtures and fittings.)
c) The contractor can not be held responsible for any issues with neighbouring properties movements caused as a result of works.
Client shall provide clear access to enable the Contractor to undertake the work and make all necessary arrangements with the proper persons or authorities for any traffic controls and signals or other permits or permissions required in connection with carrying out the work. Where applicable to drainage works, the Client will provide, if possible, a plan showing drain layouts. If this is not available the Contractor reserves the right to render additional charges if blockages occur in drains not covered by the specifications or if it is necessary to trace unidentified drains to complete the work. The Client must obtain any permission for the Contractor, his employees, servants or agents to proceed over property belonging to third parties if this is necessary for the proper progression of the work and shall obtain any permission necessary to carry out work on property belonging to third parties. Client shall indemnify the Contractor against all claims of whatsoever nature made by third parties arising out of the presence of the Contractor, his employees, servants or agents on the Client’s property save where such claim results directly from negligence on Contractor’s part. The Client shall be liable to the Contractor for all loss or damage whether direct, indirect or consequential suffered by the Contractor as a result of failure or delay by the Client in performing the obligations referred to above.
13) Work Guarantee
In respect of drainage clearance or drainage related works but excluding plumbing and subject to paragraph 8 above and the exclusions listed below, the Contractor guarantees completed work for a period of 90 days from the completion date for Commercial Account Clients and 180 days for Domestic Clients. For roofing, glazing. locksmithing, plumbing and electrical work but also subject to paragraph 8 above and the exclusions listed below, the Contractor guarantees completed roofing. plumbing and electrical work for 180 days and glazing and Locksmith works for 12 months, each from their respective completion dates. Unless longer period is specified in writing by the Contractor on the estimate or the Agreement to which these terms are a Schedule. These guarantees shall only apply on work undertaken properly invoiced by the Contractor. The Contractor reserves the right not to carry out work under guarantee where the Client cannot provide evidence that the work was originally undertaken by the Contractor or where payment has not been made for the work undertaken.
Systems or structures which were not initially installed or fitted by a suitably qualified workman or fitted in an unprofessional manner.
Any recall arising from circumstances or factors known to the Client but not notified or disclosed to the Contractor prior to the works having been undertaken
Defects resulting from misuse, willful act, or faulty workmanship by the Client, his employees, servants, agents or any third party working for or under the direction of the Client.
Structural defects encompassing but not limited to subsidence and its resultant effect.
Damage to drainage systems caused by root penetration or any other outside force.
Any roofing work where the Contractor advises that the overall condition of the roof is poor and is in need of more extensive work and the work to be undertaken involves less than 20% of the area of the roof.
Any work to repair an existing lock, or to fit any lock not supplied by the Contractor
14) Force Majeure
The Contractor will use all reasonable endeavors to carry out the works on the agreed dates but shall not be under any liability to the Client if it should be either impossible or impracticable to carry out the work on the agreed date or dates, or at all by reason of strike, lock out, industrial dispute, act of god or any other event or occurrence beyond the Contractors control.
15) Client’s Liability
The Client shall be liable for;
-Any loss, damage or injury whether direct or indirect or consequential, resulting from failure or delay in the performance of the Client’s obligations under these terms.
-Providing all necessary power and a clean water supply for the Contractor’s use in the execution of the contracted works.
-Ensuring that the site is cleared prior to work commencing
-Ensuring items ordered directly by the client are delivered on time.
-Product selection, the contractor may recommend products by various manufacturers but the final decision belongs to the client. The contractor cannot be held responsible for products being changed by the manufacturer without warning.
-The safety of both plant and machinery belonging to or hired in by the Contractor and to indemnify the Contractor against its loss, theft or damage.
Sublet to paragraph 3.2 above, the Client may not cancel the contract without the Contractor’s consent which, if given shall be deemed to be on the express condition that Client shall indemnify the Contractor against all loss, damage, claims or actions arising of such cancellation unless otherwise agreed in writing.
17) Frozen Pipes
The Contractor will not be liable for any fracture found in frozen pipes attended by the Contractor. The Contractor cannot guarantee to clear blockages occurring in a frozen pipe or drain.
18) Removal of Waste Materials
Unless agreed in writing between the parties, the Client will be responsible for the removal from site of all waste materials resulting from the work undertaken by the Contractor.
19) Waiver, Variation etc.
Waiver by the Contractor of any breach shall operate as a waiver of any preceding or subsequent breach. No variation shall be effective against the Contractor unless sanctioned writing by the Contractor. No forbearance or delay on the Contractor’s part shall prejudice Contractors rights and remedies under this contract.
These term words importing the masculine gender also include the neuter and feminine gender and words importing the singular number include also the plural number, where the context so requires.