Terms Of Business

Terms of Business

 

1. Definitions

“Agent” means a person or organisation who acts on behalf of the Contractor.

“Contractor” means Stuart Horn Brickwork Ltd (trading as "Stuart Horn Brickwork ltd") and any of their employees and/or agents.

“Customer” means any person who purchases Goods and Services from Stuart Horn Brickwork Ltd

“Site” means the location where the Works will be undertaken.

“Working period” means the date/s that the Contractor and the Consumer agree for the works to be completed.

“Works” means the scope of work agreed, within the attached quote, to be completed by the Contractor for the benefit of the Customer.

 

2. Contractor’s Responsibilities

The Contractor agrees to:

• complete the Works carefully and competently;

• use materials which are of satisfactory quality and fit for purpose. The materials will be new unless agreed between the parties in writing;

• take all reasonable steps to minimise health and safety risks to themselves, agents, the Customer and others;

• take all reasonable steps to minimise environmental damage;

• ensure that any temporary protection for the Works is safe and weatherproof;

• store away any tools or equipment used at the end of each working day; and

• leave the site in a clean and tidy condition after completing the works.

 

3. Customer’s Responsibilities

• The Customer agrees to:

• take notice of all safety warnings given by the Contractor;

• follow any reasonable instructions given by the Contractor in respect of the Works being carried out;

• not allow any unauthorised persons (including children) to access the site during work times;

• give the Contractor access to the Site during the agreed working hours throughout the working period; and

• keep the Site clear of obstructions to allow the Contractor to carry out the Works.

• due to the nature of brickwork the work the customer is responsible for any ‘making good’ should the type of work being carried out require separate contractors to make good any areas i.e. decorators/gardeners etc. 

• Pay the invoice in a timely manner (no later than 48 hours after issued) with any queries being represented via email within 48 hours of the invoice being issued.

• The client will be responsible for provision of a 240v electrical supply and reasonable access to water, and toilet facilities at their cost.

 

4. Cooling-Off Period

Cancellation Rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:

• There are certain circumstances under the above regulations where the Customer has 14 days from the day after the contract was agreed to cancel this Agreement. This only applies where the contract was agreed in the Customer’s home with the tradesperson present, or somewhere else outside of the Contractor’s business premises.

• If the Customer wishes to exercise their right to cancel they must inform the Contractor as soon as reasonably possible (and within the 14 days) prior to the job start date. The Customer can email, write or telephone, the Contractor to cancel this Agreement. 

Customers do not automatically get a cooling-off period if:

• They have something specially made for the Works - for example, made to measure items, or

• The Customer invites the Contractor into their home for urgent repairs or maintenance

 

5. Force Majeure

If circumstances beyond the Contractor’s control prevent or impede the provision of the Works, the Contractor may elect to terminate this Agreement or continue to proceed until such circumstances have ceased. In the event that this Agreement is terminated, the Contractor must return any monies paid for works not yet completed. For the avoidance of doubt, the Contactor may retain all monies paid to them for works already completed.

Circumstances beyond the Contractor’s control include, but are not limited to:

• unavailability of materials or components due to adverse weather, industrial action or other serious third-party intervention;

• adverse weather;

• strikes;

• lockouts;

• riots;

• natural disasters;

• fire;

• war;

• serious illness; and

• government decrees, proclamations or orders.

 

6. Termination

The Customer has the right to terminate this Agreement:

• if the Works are not progressing at a reasonable pace, taking into account the type, size and complexity of the Works;

• if the Contractor acts in a reckless manner that would jeopardise the health and safety of themselves or others on the Site;

• if the Contractor commits gross misconduct on the Site; and/or

• the Contractor files for bankruptcy and/or insolvency.

• If the Customer terminates this Agreement, they will only need to pay the amount owed pursuant to the payment terms at the time of cancellation or whatever other sum agreed between the parties in writing. For the avoidance of doubt, this does not impede on any legal right the Customer may have to offset the amount owed or be compensated for any breach of contract by the Contractor.

• The client shall indemnify the Stuart Horn Brickwork in full against all loss (including loss of profit), costs (including the cost of all labour and materials), damages, charges and expenses incurred by the Stuart Horn Brickwork as a result of termination should work already have been carried out.

The Contractor has the right to terminate this Agreement:

• if the Customer does not pay any amount due to them pursuant to the payment terms without good reason;

• if the Customer prevents or obstructs the Contractor from conducting the Works in a safe manner; and

• the Customer files for bankruptcy and/or insolvency.

• If the Contractor terminates the contract, they will only retain the amount of monies owed to them pursuant to the payment plan at the time of cancellation or whatever other sum agreed between the parties in writing.

 

7. Payment

 

• Unless otherwise agreed: 25% to be paid as a deposit after accepting the quote and Terms of Business, 25% one week prior starting the works and the remaining balance to be paid on receipt of invoice after completion no later than 48 hours after it is issued.

• Interest on overdue payments shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2% per month above Barclays Bank plc's base rate from time to time in force (part of a month being treated as a full month for the purpose of calculating interest) and shall accrue at such a rate after as well as before any judgement. Interest shall become due and payable notwithstanding the fact that the account or part of it is subject to any dispute or query

 

8. Additional Works

• Any further works or payments that differs from quote agreement must be subject to a further quote and again agreed in writing.

• In the event that any materials are substituted for a product of differing quality or value, this must be subject to a further agreement between the parties in writing. If more monies are owed to the Contractor as a result of the material substitution, this difference becomes due and payable by the Customer upon receipt of an invoice from the Contractor.

 

 

9. Agency and Assignment

• The Contractor may use sub-contractors or agents to perform specialist tasks and this will be included in the quoted labour costs unless discussed beforehand.

 

10. Non-Limitation of the Other Rights and Remedies

• The rights and remedies provided under this Agreement are in addition to the Customer’s consumer rights.

 

11. Cancellation

• Work may be cancelled by the client, made in writing, and they must expressly communicate this to each other (the Contractor) before the deposit is paid (ie materials bought). Failure to do so will result in the the client shall indemnify the Stuart Horn Brickwork in full against all loss (including loss of profit), costs (including the cost of all labour and materials), damages, charges and expenses incurred by the Stuart Horn Brickwork as a result of cancellation.

 

12. Contracts (Rights of Third Parties)

• Notwithstanding any other provision of this contract, nothing in this Agreement confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it and no term of this Agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999.

 

13. Jurisdiction

This Agreement is governed by and shall be construed in accordance with the laws of England and Wales.

 

14. Disputes

• In the event there is a dispute with the invoice or work carried out, any disputes should be raised in writing within 2 days of invoice date. Should we not receive written notification of a dispute within this time period, payment is due and any disputes will be initially dealt with internally and interest will accrue as listed above.

 

15. Variations and Extras

• Any unforeseen work or variations will be agreed before commencement to a fixed quotation where possible, in all other cases a day work rate of £250.00 for brickwork work will apply.