terms of trading

Standard Terms and Conditions

Dowry Maintenance (SW) Limited

Definitions      

The Company: Dowry Maintenance (SW) Limited

The Client: The person(s)/ Company who has ordered the work

1. The Quotation

The Company’s quotation is subject to the following conditions and forms part of this offer which must be incorporated in any order or contract.

It is The Client’s responsibility to provide clear unambiguous information in writing and /or preferably on a drawing describing the work to be carried out.

The quotation will be The Company’s interpretation of The Client’s requirements and may not include all the work that The Client wishes to have undertaken. Items of work not described in the quotation may not be included in the quotation cost. 

The quotation is net (exclusive of VAT) unless otherwise stated and will remain open for acceptance for a period of four weeks from the date hereof, after which, it may be subject to revision or be withdrawn, subject to availability of plant, labour and materials at the time of placing the order in writing. 

The quotation is based on The Company being given unrestricted access during the hours of 8.00am to 5.00pm Monday to Friday and any extra hours, which The Company elects to work (with The Client’s prior agreement) to facilitate The Company’s operations without interruption.  All delays caused by matters causing delay or extra work which are outside The Company’s control, or requested by The Client, will be charged at The Company’s current hourly rate. 

Where repairs are included, the quotation is subject to revision should further unspecified defects be disclosed or other unforeseen expenses be involved as work proceeds.  The value of any variations to the works included in the quotation whether by addition, omission or substitution shall, wherever practicable, be agreed before the variation is carried out.  Where this is not possible, variations will be valued either by reference to rates in our original quote or by use of day work rates, whichever method in our opinion is most practical and relevant.  We will advise all variations in writing.

If The Client wishes The Company to carry out work where a price has not been agreed, or is of a provisional nature, then The Company shall charge according to time taken at agreed hourly rate plus a charge for materials and plant used.

2. The Contract

A contract will be established when The Client gives a verbal or written order to proceed with the work.

(A)      If after seven days of placing an order The Client cancels the contract or any significant portion of the work ordered, then The Client shall be liable to pay The Company all direct costs plus a charge for disruption and loss of earnings.

(B)      The Client has the right to cancel the contract within the period of 7 days from the date of the contract or signing of the contract, to exercise this right the client shall deliver or send (including electronic mail) written notice of cancellation.

3. Specification & Drawings

The Client is responsible to The Company for gaining local authority and other statutory approvals to carry out the work and for ensuring the accuracy of any specification, design or drawings provided to The Company and for giving The Company any necessary information relating to the contract, allowing sufficient time for The Company to progress the contract works in accordance with its terms and as a continuous operation.

Where The Client specifies or supplies materials or goods which, in the opinion of The Company, are not suitable for the purpose for which they are required, The Company shall accordingly notify the Client in writing, setting out the reasons why such materials or goods are in his opinion unsuitable. If, therefore, The Client requires that the said materials or goods shall be used in the carrying out of the work or does not otherwise rely on the skill and judgment of The Company, no responsibility for their suitability is accepted, nor shall The Company be liable for any loss or damage caused during or by virtue of their incorporation or fixing in the work, save where such loss or damage is caused by the negligence (as defined in the Unfair Contract Scheme Act 1977) of The Company, his servants or agents.

4. Program/Progress of Work

Every effort will be made to keep to the date given for commencement of the works but The Company accepts no liability in case of failure to do so.

If progress or completion of the contract works is delayed for any reason outside The Company’s control, then The Company may give notice and request a fair and reasonable extension of time for completing the work.  The Client may then be liable to pay The Company for all additional costs resulting from the delay.

Should The Client consider The Company to be responsible for delay, it shall be a condition precedent to the consideration of any claim made against The Company that written notice of the alleged delay be given to The Company within seven days of the delay having occurred.

The date agreed for completion is subject to alteration in the event of delays occurring through inclement weather, strikes or lockouts affecting the Building industry, additions or variations to the works described in the quotation or any cause beyond The Company’s control.  Because of changes in design or modifications by the manufacturers or through lack of availability The Company may not be able to supply the equipment originally specified.  In such event, he shall be regarded as satisfactorily completing the contract if he supplies with the agreement of the Customer a satisfactory and reasonable alternative item and the price shall be adjusted accordingly.

5. Title and Risk

Risk in the goods shall pass to The Client when the goods are delivered.  The property in the goods shall remain with The Company until The Client pay all sums due to The Company, whether in respect of this contract or otherwise.

6. Terms of Payment 

Deposit
The Company reserves the right to ask and receive a deposit before commencing any work.

Interim Valuations
The Company will, at regular intervals during the contract, prepare a valuation and request interim payments from The Client until work is complete.  These valuations will be based on an assessment of the total job value completed or part completed and will include the cost of any unfixed materials.  The Client shall pay these valuations within 10 days of receipt.  If The Client disagrees with The Company’s valuation account then The Client should pay the proportion, which is acceptable, giving valid reasons for the shortfall (preferably in writing).  Deduction to The Company’s account may only be made if accompanied by a valid reason.  The Client’s payment will signify that The Client has inspected the work and is happy that the work so far carried out is to The Client’s approval.

Should The Client fail to settle any invoice by the due date other than for a valid reason then all other invoices become payable immediately by The Client and The Company shall be entitled to cease work and leave site.  The Company shall also be entitled to charge interest at the rate of 3% above the current bank rate per month from the due date to the date of settlement.

Discounts
If we offer a discount, the discount may be deducted from the payment of our final valuation and may only be deducted if all valuations have been paid in full and in accordance with our “terms of payment” as detailed above.

7. Guarantees

The Company will exercise all proper care to ensure that the work is soundly and adequately constructed in the way and for the purpose for which The Client has requested and that when finished it complies with:

  • The requirements of Building Regulations (see also Item 3 above).
  • The requirements of the NHBC (if a new property).
  • CORGI gas regulations and NICEIC electrical regulations.

Defects which exist, at or may appear within three months from the completion of the works if proved to arise from workmanship or material failure will be made good by The Company at his own cost.  Notice in writing of such defects must be given to The Company before expiry of the three-month period.

8. Free Issue Services

The Company requires the following to be freely available at all times:

  •  Suitable access to carry out the work.
  •  Suitable storage for plant and materials.
  •  Supply of electricity and clean water.
  •  Use of washing and toilet facilities.

Unless otherwise stated, the quotation does not include the cost of provision by The Company of adequate shelter and protection, sanitary convenience or mess room facilities required under the Health & Safety at Work etc, Act 1974.  Where the Client cannot make these facilities available, he shall notify The Company accordingly and The Company may amend the price stated in the quotation to take into account the cost of providing such facilities.

9. Liabilities

The Client shall indemnify The Company against all claims, damages and costs arising out of the execution of the works unless such claims, damages and costs can be shown to be due to the negligence of The Company.  It shall be a condition precedent to the consideration of any claim that The Company has been negligent, that written notice of the alleged act of negligence be given to The Company within seven days of such an act having occurred.

The Client is responsible for gaining ‘Party Wall’ agreements (details of ‘Party Wall’ agreements available on request).  The Company shall not be liable for any damage or nuisance caused to neighbour’s property during the normal execution of the contract works.  The Client is responsible for notifying, informing and agreeing with the neighbours the manner and sequence of work to be undertaken.

10. Insurance

The Company is insured for:

  • Employer’s Liability.
  • Public Liability insurance cover up to a limit of £5,000,000.

The Client shall ensure that the property is fully insured for normal risks for the duration of the contract.

Irrespective of any insurances taken out by The Company, the existing structures together with the contents thereof owned by the Client, or for which he is responsible, and the works and all unfixed materials and goods delivered thereto, placed on or adjacent to the works and intended therefore (except plant, tools and equipment owned or hired by The Company) shall be at the sole risk of The Client as regards loss or damage by fire or other risks arising out of and during the progress of the building operations. 

The Client shall maintain adequate insurance against such risks and shall send a copy of this quotation together with the conditions thereon to his insurers as advice that building works are being carried out on his property.

While pipe work and tanks installed in accordance with the specification in the tender are installed and as protected against frost damage, The Company does not accept liability for any damage to the system or property caused by adverse weather conditions or any consequential loss arising therefrom. 

The Company disclaims any responsibility for any damage arising from the condition of the premises or insulations therein.  Connections to any existing pipe work, fittings or fixtures of any type are made at the Client’s risk.

11. Arbitration

Should any other disagreement arise in connection with or out of this contract the matters in dispute shall be referred to arbitration in accordance with the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.

12. Invalidation

These conditions have effect in substitution for and to the exclusion of any conditions put forward by The Client.

Should any term in this contract be held to be invalid such invalidation will not affect the validity of the remaining terms.

This contract shall in all respects operate and be construed as an English contract and in conformity with English Law.

 

 

 

 

 

 

 

contact us

Dowry Maintenance (SW) Limited
PO Box 497, Bristol, BS8 9HB

t: 0870 240 1276
f: 0871 200 1276

e: info@dowrymaintenance.com

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