Terms of Trade of A B Heather Carpentry and Joinery Ltd
A B Heather Carpentry and Joinery Ltd (the Company) operates subject to the following terms and conditions including but not limited to, the items below, plus any further verbal variations and/or agreements made with and notified to (in writing or verbally) the customer and any duly authorised representative of the customer.
The Company
A B Heather Carpentry and Joinery Ltd and any agents or subcontractors duly authorised by the Company in pursuance of the contracted works
The Customer
The Contracted Works
We will provide a description of work required for your specific project.
- All technical drawings, structural calculations, planning consent and/or building regulations, if required, are the responsibility of the customer.
- Compliance with all bylaws and UK legislation is the responsibility of the customer in relation to any of the contracted works (for example, removal of existing structures, conservation area consents, tree-removal and planning permission for tree-removal where required, compliance with rules regarding access and rights of way as and when required etc particularly with regard to neighbouring properties/rights of access and parking restrictions).
- Notifications to surrounding landowners (where reasonably required) of the dates/times of the contracted works taking place will be the responsibility of the customer.
- The Company is fully insured to a maximum of £10,000.00 Public Liability Insurance and if additional insurances are required by the customer this must be notified to the Company in writing prior to commencement of the contracted works.
- Where an estimate for contracted works is provided, verbally or in writing as below, this estimate is a guide price only and is subject to variation at any time before or during the contracted works and may fluctuate both in terms of labour and materials due to rising costs and/or unanticipated changes in prices or availability of materials supplied as a result of the contracted works. The Company will use all reasonable endeavours to keep the customer informed at all times (and at such intervals as may be reasonably requested by the customer) of cumulative costs for the contracted works, including any anticipated increases beyond the initial estimate, where these are reasonably able to be predicted by the Company during the period of the contracted works.
- All amounts estimated to the customer prior to commencement are exclusive of VAT and will have VAT added at the prevailing amount (prescribed by UK laws/regulations) where VAT is applicable. If any items are not subject to VAT this will be stated in writing on any updated costs/invoices supplied to the customer.
- Where materials are procured by the Company for an amount in excess of £5000 the Company reserves the right to require payment by the customer to the Company of all or part of the amount of said materials (prior to acquisition by the Company), plus VAT and handling charges, and such payment will subsequently be accounted for in the invoice following the accounting period during which the materials are procured by the Company.
- Where an estimate is supplied by the Company prior to the commencement of the contracted works, the Company will use reasonable endeavours to supply said estimate on the basis of what the Company anticipates will be a total cost for a project (excluding VAT) and will be based on the reasonable anticipation of certain materials costs together with the amount of working days required, plus the percentage to be applied by the Company in respect of the Company's margin of profit, preliminaries, site safety and all anticipated corporate overheads and administrative fees. Said estimate will also provide a guideline as to the total time likely to be taken in order to complete the contracted works. This guideline remains an estimate at all times and is not designed to be a guaranteed completion date.
- Whilst reasonable endeavours are used by the Company to provide an estimate of a total cost (excluding VAT) for contracted works, this can nevertheless be subject to fluctuations such as increased material costs, increased and/or additional building control requirements, additional labour costs relating to non-visible items of labour which were unable to be anticipated at the pre-commencement stage, storage costs, rising fuel costs, adverse weather conditions and additional design requirements by the customer or necessitated for practical purposes (whether required by UK building control regulations or otherwise).
- Where the customer and the Company have agreed to proceed with works on a "cost plus" basis, as opposed to an estimate for contracted works, the works will be invoiced two weekly, calculated by the cost that the Company has paid for the materials and labour, plus the Company's profit margin. This would be agreed in writing before commencement.
- At a point where the contracted works have commenced, the Company will agree with the customer the frequency of written updates/invoices as to the cumulative costs of the contracted works as they progress.
- After commencement of the contracted works, the Company will use reasonable endeavours to notify the customer in writing at any relevant stage whereby the Company has reason to believe that the total cost of the project as estimated (excluding VAT) will exceed any such agreed estimate (excluding VAT) including as a result of any of the following items being incurred – additional labour costs, higher than estimated materials costs, items of the contracted works remaining outstanding beyond anticipated timescales and/or design changes and/or additions to the scope of the contracted works for any reason whatsoever.
- Any invoices delivered in writing to the customer are due within 7 calendar days of the invoice date and the Company reserves the right to levy a reasonable administration charge for late payment. Any disputes relating to the contracted works should initially be notified to the Company in order for the Company to rectify any reasonably disputed items and any contractual disputes which are not resolved by agreement or mediation are subject to UK law in terms of further dispute resolution.