Dara Builders - Terms and Conditions

Definitions

In these conditions the ‘seller’ and ‘we’ or ‘us’ means the Company, specified in the contract for the sale of goods to you and ‘you’ means the buyer and ‘our’ and ‘your’ shall be construed accordingly.

A person who is not a party to a contract with us has no rights under Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract. You may not assign the contract or any part of it without our prior written consent.

Services

We will provide all work and services as per quotation under a reasonable time scale and all work shall be guaranteed.

The client shall be informed of any contingencies not contained in the quotation and any additional cost that may arise. If the customer has not rejected goods within seven days then they are deemed accepted.

Standard voltage electrical supply and mains water supply must be provided on site by the client without charge to us for the duration of the Contract. Where this is not possible, the client must inform our company of the situation. Generators can be supplied at an additional daily charge to the client if necessary.

Commencement of Work

We will always endeavour to commence work on a date suitable to the Client, but must reserve the right to determine the start date, provided it shall not be later than 3 months (12 weeks) from the date of the quotation. The client may postpone the start date provided he/she gives no less than two weeks (14 days) notice and agrees a reasonable alternative date. If having agreed a start date, the client cancels the contract completely, for whatever reason, he/she will be liable to pay the Company a standard cancellation fee of 20% of the Contract sum within 14 days.

Access to Site

We will, for the duration of the contract, need to have free and uninterrupted access to the site during Company working hours from 7.00am – 6.00pm Monday to Friday and 7.30am to 5.00pm on Saturday or Sundays where applicable.

Payment Terms

We reserve the right to require from the client a contribution to the work prior to commencement. The amount shall be between 30% and 50% of the total quotation unless otherwise agreed. On satisfactory completion of the contract, the client shall be invoiced and full payment must be made within 7 days. Any disputes, for whatever reason, arising under the contract shall not entitle the client to delay payment of any invoice. Any contract disputes will be dealt with promptly by us as a separate issue. Where a contract is running for more than one week, we reserve the right to agree stage payments. We will, in accordance with the quotation require a cost towards the removal of waste and a contribution to skip hire if this is sited elsewhere or any additional costs incurred by our operatives. Payment could be done in cash or via BAC, where an invoice will be issued and in this case, the customer shall pay all Charges due under these Terms and Conditions not later than 7 days after completion of the service. Congestion charges or parking fees will be paid by the Customer, if applicable. The customer must ensure that all operatives are able to park safely.

Party Walls

Where work is specified to a party wall which is not wholly owned by the client, he/she shall be deemed to have gained the consent of the joint owner of the wall for the work to be carried out. Any liability (apart from any negligence by employees of our company) shall be the responsibility of the client or his/her insurers.

Delivery

All parties concerned will agree whether the client will collect or the ‘seller’ will deliver the goods to the site.

Damage

Our Company accepts responsibility for all damage suffered by the client as a result of negligent acts or omissions by the Company or its employees. Damage or disturbance caused to the client or any third parties, relating to the property as a result of inherent or latent defects within the structure or when such damage occurs in the normal course of carrying out the specified works is within the contemplation of both parties prior to commencement of the contract. The responsibility in any of these circumstances is not accepted by us.

Liability and Insurance

Our company shall be under no liability for any delays, loss of damage caused wholly or in part by any circumstances beyond its reasonable control. Every caution will be taken on site to prevent any damage. Where any such damage occurs during the course of reasonably carrying out the works referred to in the specification and quotation, which forms this contract, we shall be under no liability whatsoever. The Company is fully insured in respect of all Public Liability (£2,000,000).

Force Majeure

We shall be under no liability for any loss, damage, delay or expenses caused wholly or in part by Act of God, outbreak of war, civil commotion, Governmental policies or restrictions or control, including restrictions of export or import or other licences, trade or industrial disputes.

Risk

Under the rules stated by the Sale of Goods Act 1979, the risk in the goods shall pass to you upon delivery. We shall retain ownership of the goods until payment is made in full. The Company is not liable for any consequential loss unless any product is still within the manufacturers guarantee.

Variations

No addition to or variation of these conditions will bind the business, unless it is specifically agreed in writing and signed by a Director of the Company. No agent or person employed by or under contract with the Company has the authority to alter or vary these conditions in any way.

Quotation and acceptance period

Quotations for work to be undertaken by the Company are only available for acceptance by the client for a period of 4 weeks (1 month) from the date of the quotation. After this period, we reserve the right to revise the quotation to cover any increase in Labour/Materials that may have occurred during this period. We require a written notice to change or terminate the contract.

Upon a request by you for the provision of our services in relation to Work, we shall provide you with a quotation (“the Quotation”). That quotation, along with these terms and conditions, unless otherwise stated, shall constitute the entire agreement between you and us. The price payable under the Quotation represents the minimum payable by you in relation to the provision of services for the Work undertaken. We may change the price or make additional charges if circumstances are found to apply which have not been taken into account when preparing our quotation and confirmed by us in writing.

These include:

  1. You do not accept our quotation in writing within 30 days, or the Work is not carried out or completed within three months.
  2. We supply any additional services not included within the quotation in relation to Work or otherwise.
  3. Services relating to jobs that are not are normal Work are requested by you.
  4. We have to pay parking or other fees, fines or congestion charges in order to carry out the Work on your behalf.
  5. There are delays or events outside our reasonable control which increase or extend the resources or time allowed to complete the agreed work.
  6. There is a minimum charge of £70 (per half tonne) for taking goods to a refuse/recycling centre. In any and all such circumstances,

Your additional responsibilities:

It will be your sole responsibility to:

  1. Obtain at your own expense, all documents, permits including parking or visitor permits or vouchers or relevant change for the parking metres, permissions and licences necessary for the Works to be completed. This includes reserving a suitable parking place/suspension bay within close proximity of the property for our vehicle/s if required. If, as a result of your failure to obtain such documents, permits, permissions and licences necessary for the Works to be completed we are found liable to a third party, you agree to indemnity us and hold us harmless for the full amount of such liability.
  2. Be present or represented during the Works. We are not responsible for any loss or damage if the relevant goods and/or premises are left unattended during the Works.
  3. Ensure authorized signature on agreed job sheets or other relevant documents by way of confirmation of completion of the Works.
  4. Prepare adequately and stabilize all goods upon which Work is to be undertaken prior to the Work commencing.
  5. Provide us with a contact address for correspondence during the Work.

Time Limits for Claims:

At the time of completion of the Works, you must notify us in writing of any visible loss or damage to any goods and/or premises at that time. Notwithstanding clauses 9, 10 and 11 we will not be liable for any loss of or damage to any goods and/or premises unless a claim is notified to us, or to our staff or agents in writing as soon as such loss or damage is discovered (or with reasonable diligence ought to have been discovered) and in any event within seven (7) days of completion of the Works. The time limit for notifying us of your claim may be extended upon receipt of your written request provided such request is received within seven (7) days of completion of the Works. Consent to such a request will not be unreasonably withheld.

No Set Off

The Customer shall pay all money due under these terms and conditions without any discount, deduction, set off or counterclaim regardless of any claim or dispute which the Customer has or alleges it has against the Company. If the Customer fails to pay any sum due on the due date of payment in accordance with these Terms and Conditions, the Customer shall pay to the Company interest on such overdue amounts at the rate of 2% per day plus the base rate from time to time of Barclays Bank plc calculated on a day-to-day basis.

Method

We have the discretion to choose the method by which to carry out the Work. If you stipulate the procedures or facilities to be used and or followed by us in undertaking the Work, you will be liable for any loss or damage or other consequences resulting from our compliance or attempts to comply with such stipulations.