Terms & Conditions

A. CONTRACTORS RESPONSIBILITIES

The contractor will do the following.
a. Carry out the work set out in the work details carefully and competently.
b. Use materials which are of satisfactory quality and suitable for their intended purpose. The materials will be new unless the customer agrees otherwise in writing.
c. Start and finish the work within the working period or any extension made to it.
d. Be at the premises regularly to carry out the work during the agreed working hours.
e. Store away his tools and equipment and ladders at the end of each working day.
f. Regularly dispose of any rubbish from the work.
g. Be responsible for any damage he may cause to the premises and its contents or to neighbour- ing properties.
h. Leave the working areas in a clean and tidy condition after finishing the work.
i. Keep to all his legal duties and responsibilities.

B. CUSTOMER’S RESPONSIBILITIES

The customer will do the following.
a. Give the contractor access to the premises during the agreed working hours throughout the working period.
b. Keep the working areas sufficiently clear of obstructions to allow the contractor to carry out the work.
c. Allow the contractor to carry out the work in an order which he considers necessary to finish the work on time.

D. CHANGING THE WORK DETAILS

If the changes increase the amount of work shown in the work details and the contractor agrees the changes, he will quote a price for the extra work and time involved. The customer will then decide whether to go ahead with the changes. The Change Control Form in Schedule D needs to be signed by both the parties to bring into effect any material changes to the work contract.

The customer has the right to omit any section of the work estimated by the contractor at any time before the commencement of such work by the contractor. The Change Control form must be used to make such omissions.

C.

Pay the valuations in time and honour the invoices sent by the contractor.

HEALTH & SAFETY

The contractor will take all practical steps to:
prevent or minimise health and safety risks to the customer and other people living in or visit- premises.
minimise environmental disturbance, nuisance, or pollution from the work; and
make sure that any temporary protection for the work is safe and weatherproof.

The customer will:
take notice of all warnings the contractor gives about any health and safety or environmental

b.
i. risks which he is taking measures to prevent or minimise; and
ii. not knowingly allow people living in or visiting the premises, particularly children, to be ex- posed to any dangers from the work.

E. EXTENDING THE WORKING PERIOD

a. The customer will extend the working period by a fair and reasonable amount if the contractor: i. must spend extra time on the work because of changes made to the work details; or
ii. cannot finish the work on time for reasons beyond his control, including any delay caused by the customer.

b. The contractor can claim any reasonable costs arising from the working period being extended because of any delay caused by the customer.

F. PAYMENT

When all the work is finished (if the customer is not paying by instalments), or when each stage of the work is finished (if the customer is paying by instalments), the contractor will invoice the customer for the amount due after taking account of any price increase or decrease for changes made to the work details. The invoice will be itemised and show the rate of VAT charged on each item.

G. CONTRACTOR’S CONTINUING RESPONSIBILITY

For 1 year after carrying out the work the contractor will remain responsible for any faults in the work (other than fair wear and tear) which are caused by him.

H. BRINGING THE CONTRACT TO AN END

As well as the customer’s cancellation rights set out in condition 9 below, the following also apply. a. If the contractor:
i. is not at the premises regularly to carry out the work; or
ii. is not meeting his health and safety and environmental responsibilities; or

iii. is so incompetent or careless that the work is of an unacceptable standard;
and does not correct the matter within 7 days of receiving a written warning from the customer, the customer can end this contract by giving the contractor written notice. The contract will end as soon as that notice is given.
b. If the customer terminates this contract, he will only have to pay any money due to the contrac- tor when the work has been finished by another contractor.
c. If the customer:
i. does not pay an amount due, without having good reason; or
ii. prevents or obstructs the contractor from carrying out the work;
and does not correct the matter within 7 days of receiving a written warning from the contractor, the contractor can end this contract by giving the customer written notice. The contract will end as soon as that notice is given.
d. If the contractor ends this contract the customer will pay him, within 14 days of the contract ending, for work properly carried out, for any materials made specially for the work and for any other of the contractor’s materials on the premises which he allows the customer to keep.

I. INSOLVENCY

a. If the customer or the contractor becomes insolvent (unable to pay their debts), this contract will be ended unless the insolvency practitioner involved makes a suitable arrangement to allow the contract to continue.
b. If this contract ends because the contractor becomes insolvent, the customer will not have to pay any amount then due to the contractor until the work has been finished by another contractor.

J. OTHER RIGHTS AND REMEDIES

a. The customer and the contractor can claim from each other the costs and expenses which result from either of them failing to keep to this contract.
b. This contract does not rule out or limit any other legal remedies which may be available to the customer or the contractor.

c. Only the customer and the contractor can take action to enforce the terms of this contract.

K. LAW OF CONTRACT

The laws of England and Wales apply to this contract.