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Terms & Conditions
Our Terms and Conditions
Parties :
Client - individual, company or entity whom have requested/instructed the quotation or completion of works by the contractor
Contractor (excluding third party contractors) - refers to Mr Matthew Sedgewick and Mr Martyn Sedgewick trading as Smart Building Services within these terms and conditions.
A. The client is of the opinion that the contractor has the necessary experience and abilities to provide the services to the client.
B. The contractor is agreeable to providing such services to the client on the terms conditions set out in this contract.
IN CONSIDERATION OF the matter described above and of the mutual benefits and obligation set forth in his contract, the receipt and sufficiency of which consideration is hereby acknowledged, the client and contractor (individually the party and collectively the parties to this contract) agree as follows:
Services Provided
- The client hereby agrees to engage contractor to provide the client with the following services:
- Construction and building works as detailed within the written quotation. Any works in addition to the written quotation will incur additional costs at the expense of the client.
2. The services will also include any other task parties may agree on, the contractor hereby agrees to provide such services to the client at reasonable expense to the client.
Term of Contract
3. The term of this contract will begin on the date of acceptance of the quotation and/or an initial payment (minimum of 10% of total quotation inclusive of VAT) for works being paid by the client to the contractor which ever is the earlier. This will be in effect until the completion of the services detailed within the quotation; subject to early termination as provided within this contract. The term may be extended with the consent of all parties involved.
4. In the event that the client wishes to terminate this contract prior to completion of the services, the client will be required to provide 28 days written notice to the contractor, if works are scheduled within 28 days of the commencement of contract then the client has no right to termination without payment as detailed within this contract. The contractor retains the right to cancel, amend and reschedule the date of service delivery due to illness, material availability or delays by third parties to this contract including suppliers, subcontractors and/or any other party at any notice.
Performance
5. Parties agreed to everything necessary to ensure the terms of this contract take effect
Currency
6. Except as otherwise provided in this contract, all monetary amount of this contracts are in GBP
Payment
7. The contractor will charge the client for the services as detailed within the quotation. Payments for the services within the quotation will be on a staged basis which will be discussed individually with the client with a minimum charge of 10% of total cost inclusive of VAT payable should the client cancel within 28 days.
8. Invoices submitted by the contractor to the client are due for payment with immediate effect.
9. In the event that this contract is terminated by the client prior to the completion of the services, but where the services have been partially performed, the contractor will be entitled to a pro rata payment of the payment to the date of termination (of no less than 80% of total quotation inclusive of VAT) provided that there has been no breach of contract on the part of the contractor.
In the event a client has paid a deposit and the client does not cancel according to section 4 and section 7, then the contractor will retain 100% of the payment with no liability for refund to be paid. If the client cancels the contract within 28 days and materials have been purchased and cannot be refunded, the client accepts responsibility to pay for these materials in full and the contractor will be at no financial loss as a result of contract termination.
10. The contractor will be responsible for all income tax liabilities and national insurance or similar contributions relating to the payment and the contract will indemnify the client in respect of any such payments required to be made by the client.
Where third party sub contractors have been instructed to complete works, the client may be required to make payment to these contractors directly for works completed by them. The liability and indemnification for third parties work, warranty, installation and any guarantees remains with the tradesperson whom installed them and not that of the contractor.
Reimbursement of Expenses
11. The contractor will be reimbursed from time to time for reasonable necessary expenses incurred by the contractor in connection with providing the services.
12. Pre-approval by the client is not required for any additional expenses however the client remains liable for payment of any additional expenses incurred.
Interest on Late Payments
14. Interest payable on any overdue amounts under this contract is charged at a rate of 50% per annum with interest compounded if the payment proceeds beyond a year or according to applicable legislation; which ever is the higher.
Ownership of Intellectual Property
15. All intellectual property, image rights and related material that is developed or produced under this contract will be a property of the contractor.
16. Title, copyright, intellectual property rights and distribution rights of the intellectual property remain exclusively with contractor and can be used for third-party advertising.
Return of Property
17. Upon the completion or termination of this contract, the contractor will return to the client any property or any other items to which are the property of the client.
18. In the event the contract is terminated by the client prior to the completion of the services the contractor will be entitled to recovery from the site or premises where the services were carried out; any materials or equipment which is the property of the contractor or will be compensated in lieu of recovery this includes tools and any materials purchased and installed.
Capacity
19. In providing the services under this contract it is expressly agreed that the contractor is acting as an independent contractor and not in employee.
20. The contractor and the client acknowledge this contract does not create a partnership or joint-venture between them, and is exclusively a contract for services provided by the contractor to the client.
Right of Substitution
21. Except as otherwise provided in this contract, the contractor may at their sole and absolute discretion, engage a third-party subcontractor to form some or all of the obligations of the contractor under this contract and the client will be required to make payment to third party contractors directly where required according to section 10.
Autonomy
22. Except as otherwise provided in this contract, the contractor will have full control over working time, methods and decision-making; in relation to the provision of the services in accordance with the contract. The contractor will work autonomously and not at the direction of the client. However, the contractor will be responsive to the reasonable needs and concerns of the client during the provision of services. Should these incur additional labour or material costs the client will be responsible for additional payment. The hours of works will usually be completed Monday to Friday inclusive between 0800&1700. Any work required to be completed outside of these times will incur additional cost to the client to that detailed within the quotation or services to be provided.
Equipment
23. Except as otherwise provided in this contract, the contractor will provide their own expenses, any and all tools, machinery, equipment, materials, supplies, workwear and any other items or parts necessary to deliver the services in accordance with this agreement. The client is responsible for the supply of water, electricity and provision for the disposal of waste water on site at no expense to the contractor.
24. Any product, material or items supplied by the client for the completion of works will be the sole responsibility of the client and the contractor provide no guarantee for any colour discrepancy, product quality or suitability of these items nor does the contractor provide any warranty or guarantee for these items.
No Exclusivity.
25. The parties acknowledge that this contract is not exclusive and either party are free, during and after the term, to engage a contract with third parties for provisions of services similar to the services provided & that the contractor will not be bound to the provision of these services exclusively at the time of scheduled completion.
Notice
26. All notices, requests, demands or other communications required or permitted by the terms of the contract will be given in writing and delivered to the parties via respective email addresses or to any of the other such address as either party may from time to time notify the other.
Indemnification
27. Except to the extent paid in settlement from any applicable insurance policies or resolutions, and to the extent permitted by applicable law, each party agrees to indemnify and hold harmless the other party, and its respective directors, shareholders, affiliates, officers, agents, employees and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and cost of any kind or amount whatsoever, which result or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliate, officers, agents, employees and permitted successors and assigns that occurs in connection with this contract. This indemnification will survive the termination and/or completion of this contract.
Modification of contract
28. Any amendment or modification of this contract or additional obligations assumed by either party in connection with this contract will only be binding if evidenced in writing agreed by each party or an authorised representative of each party and will incur additional costs on behalf of the client.
Time is of the essence
29. Time is of the essence in this contract. No extension or variation of this contract will operate as a waiver of this provision.
Assignment
30. The contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under his contract without consultation with the client.
Entire Agreement
31. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this contract except as expressly provided within this contract.
Enurement
32. This contract will enure to the benefit of and be binding on the parties and their respective heirs, executed, administrators and permitted successors and assigns.
Titles/Headings
34. Headings or titles and any affiliated information provided by the third-party software for which this quotation is provided are the rights and respective of the owner of the software and are not to be considered when interpreting this contract.
Gender
35. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
Severability
36. In the event that any of the provisions of this contract are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of his contract.
Waiver
37. The waiver by either party of a breach, default, delay or admission of any of the provisions of this contract by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions.
Responsibilities
38. It remains the sole responsibility of the client to obtain, instruct and pay for any necessary planning permission, building control certification and/or professional fees and services during the completion of services. This includes main service providers such as Gas, electrical and sewer networks. The contractor holds no liability for these services and costs.
39. It is the responsibility of the client to ascertain and assess whether, or not, there are any harmful or dangerous materials or substances within the works area of the property. This will include asbestos which is a licensed product to remove and dispose. Asbestos can require a two-week notification period to the health and safety executive. If the contractor is caused to be delayed due to the presence of asbestos; or any other harmful or dangerous materials in the works area there will be a pro rata charge payable at the rate of £250 plus VAT per day for any of the day or part day the delays cause.
40. The contractor retains the right to reschedule works, at their sole discretion, should any delays be incurred that are outside the contractors control or responsibility.
Terms:
41. During the delivery of services within this contract there is a requirement for access to electricity, water supply and disposal; alongside welfare facilities. These are provided at the cost of the client. Should any of the aforementioned not be available, they can be provided at an additional cost payable by the client.
Warranties:
42. All works completed by Smart Building Services as the contractor are backed by a 12 month Checkatrade warranty, subject to the terms of Checkatrade guarantee.
The contractor provides a, self backed repair only (with no guarantee for aesthetic finish) two year workmanship warranty for all new installations.
No guarantee is eligible for issues arising from existing structure (levels, falls, access, failures and/or any other pre existing issues prior to commencement/completion of works.)
Roofing specific warranties:
GRP fibreglass roof installations are eligible bile for an up to 25 year manufacturer backed warranty for some installations; this warranty is specific to the products supplied backed by the manufacturer and not the workmanship &/or installation; for which the above workmanship warranties apply.
No warranty is provided by contractor or manufacturer against existing fall of roof structure, ponding of water on the installation, aesthetic finishes and colour of products installed.
Due to the nature of water ingress tracking from roof faults; any repairs or remedial works have no warranty, guarantee or liability including those offered as above by third parties.
The warranty offered will take affect from the earlier of; final invoice issue date or issue of building control certification for works.
No warranty, guarantee or liability is offered for any repairs or remedial work completed by the contractor after the final invoice date or issue of building control certifications of occupancy or completion, which ever is the earliest date.
43. Any installations by the contractor which have been subject to third party involvement and professional involvements will be limited to works completed by the contractor.
44. Works which have been installed to the specification of any third party professional including, but not limited to, structural engineers, architects and building control officer (BCO) will be deemed to have been suitably installed upon the certificate of occupation or certificate of completion being issued by the BCO.
45. Welfare: the client confirms by accepting the quotation provisions will be provided for the welfare of the contractor whilst completing works with shared facilities; toilet, washing, kitchen etc. Should these not be available then these can be provided by the contractor at an additional charge payable by the client.
All communications, data shared with the contractor and any information retained will be held within third party companies databases, Xero & 123 Reg, who hold the responsibility for GDPR, data storage and handling. Smart Building Services will not share your data with any other third party without direct consent.
By accepting the quotation or invoice; digitially, verbally or in writing. Whether by client or at the request of the contractor to digitally accept, the client accepts and agrees engagement to the terms and conditions detailed above.
