STANDARD SERVICE TERMS AND CONDITIONS
FOR BERKSHIRE CONSTRUCTION LIMITED
BACKGROUND:
These Terms and Conditions are the standard terms for the provision of services by Berkshire Construction Limited, a company registered in England under 8589521 of 8 Astor Close, Winnersh, Berkshire, RG41 5JZ.
- Definitions and Interpretation
1.1 In these Standard Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business Day” means any day other than a Saturday, Sunday or bank holiday;
“Calendar Day” means any day of the year;
“Contract” means the contract for the provision of Services over £40,000, as explained in Clause 2;
“Deposit” means an advance payment made to Us under sub-Clause 4.5;
“Month” means a calendar month;
“Price” means the price payable for the Services;
“Services” means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
“Quotation/ Quote” means a special offer price payable for Services which We may offer from time to time; means the description of Services to be carried out.
“Order” means your order for the Services
“Under £40,000″ means the cost of the work is Under £40,000.
“Work/Works” means services carried out by Us
“Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 2;
“We/Us/Our” means Berkshire Construction Limited, a company registered in England under 8589521 of 8 Astor Close, Winnersh, Berkshire, RG41 5JZ. and includes all employees and agents of Berkshire Construction Limited.
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail and fax.
- The Contract
2.1 These Standard Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
2.2 Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
2.3 A legally binding contract between Us and you will be created upon our acceptance of your Order if the cost of the work exceeds £40,000, otherwise the standard terms and conditions are to be used.
2.4 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
2.4.1 The main characteristics of the Services;
2.4.2 Our identity (set out above in sub-Clause 1.1) and contact details (as set out below in Clause 10);
2.4.3 The total Price for the Services including taxes or, if the nature of the Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
2.4.4 The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services;
2.4.5 Our complaints handling policy;
2.4.6 Where applicable, details of after-sales services and commercial guarantees;
2.4.7 The duration of the Contract, where applicable, or if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract;
- Orders (Under £40,000)
3.1 All Orders for Services made by you will be subject to these Standard Terms and Conditions if cost is Under £40,000.
3.2 You may change your Order at any time before We begin providing the Services by contacting Us. Requests to change Orders do not need to be made in writing.
3.3 If your Order is changed before We Begin We will inform you of any change to the Price in writing.
3.4 If any additional works are required outside the scope of works We will be discuss verbally and no written notice will be require if under £500 plus vat. Over £500 will require written confirmation.
3.5 You may cancel your Order within 14 days of placing it. If you have already made any payments to Us under Clause 4 (including, but not limited to the Deposit), the payment(s) will be refunded to you within 14 days. If you request that your Order be cancelled, you must confirm this in writing. If you wish to cancel the Services after this time period, or once We have begun providing the Services, please refer to Clause 11.
3.6 We may cancel your Order at any time before We begin providing the Services in the following circumstances:
3.6.1 The required personnel and/or required materials necessary for the provision of the Services are not available; or
3.6.2 An event outside of Our control continues for more than 5 days (please see Clause 8 for events outside of Our control).
3.7 If We cancel your Order before We begin providing the Services under sub-Clause 3.6 and you have already made any payments to Us under Clause 4 (including, but not limited to the Deposit), the payment(s) will be refunded to you within 14 days. If We cancel your Order, the cancellation will be confirmed by Us in writing.
- Price and Payment
4.1 The Quoted Sum has been calculated based on materials and goods prices, taxes and labour costs at the Contract Date. If those taxes change or if the prices or costs increase beyond the rate of inflation during the works period, we may – in its interim applications for payment – use those new prices, taxes or costs to calculate the amount it is due. We will take reasonable steps to minimise any additional prices or costs and provide reasonable advance warning of any significant increases so that the parties can review the need for other changes to the Works.
4.2 The Price of the Services will be that shown in Our Quotation in place at the time of your Order. If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.
4.3 Any Services required outside the scope of works will be discuss at the time verbally or via email.
4.4 All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you.
4.5 Payment plans will be listed on the Contact if supplied.
4.6 In certain circumstances, if your Order is cancelled, your Deposit will be refunded in full or in part. The amount due will be calculated based upon the Price for the Services cancelled, Please refer to sub-Clause 3.4 if you cancel your Order, to sub-Clauses 3.5 and 3.6 if We cancel your Order, or to Clause 9 if the Services are cancelled after they have begun.
4.7 We accept the following methods of payment:
4.7.1 Cheque;
4.7.2 BACS;
4.7 Credit and/or debit cards will be charged 5%.
4.8 Once You have settled the finial payment We will supply You with guarantees and certificates.
4.9 If You make late payments We reserve the right you supply You with guarantees and certificates.
4.10 If you do not make payment to Us by the due date on invoice. We may charge you interest on the overdue sum at the rate of 4% per annum above the base lending rate of Bank of England from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.
5. Providing the Services
5.1 We will begin providing the Services on the date specified.
5.2 We will continue providing the Services for the period stated.
5.3 We will make every reasonable effort to complete the Services on time (and in accordance with your Quotation). We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please see Clause 8 for events outside of Our control.
5.4 If We require any information from you in order to provide the Services, We will inform you of this as soon as is reasonably possible. Depending upon the exact nature of the Services you require from Us, We may require information such as drawings, electrical certificates, and gas certificates.
5.5 If the information you provide under sub-Clause 5.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information that you have provided We may charge you a reasonable additional sum for that work.
5.6 In certain circumstances, for example where there is a delay in you sending Us information required under sub-Clause 5.4, We may suspend the Services (and will inform you of that suspension in writing).
5.7 In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention We will inform you in advance in writing before suspending the Services.
5.8 If the Services are suspended under sub-Clauses 5.6 or 5.7, you will not be required to pay for them during the period of suspension. You must, however, pay any invoices that you have already received from Us by their due date(s).
5.9 If you do not pay Us for the Services as required by Clause 4, We may suspend the Services until you have paid all outstanding sums due. If this happens, We will inform you in writing. This does not affect Our right to charge you interest under sub-Clause 4.10.
- Problems with the Services
6.1 We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services we request that you inform Us as soon as is reasonably possible (you do not need to contact Us in writing).
6.2 We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical. In emergency situations, such as those where vulnerable people living in your property may be affected, We will use reasonable efforts to remedy problems within 24 hours.
6.3 We will not charge you for remedying problems under this Clause 6 where the problems have been caused by Us, any of our agents or employees or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information provided by you, sub-Clause 5.5 will apply and We may charge you for remedial work.
6.4 As a consumer, you have certain legal rights with respect to the purchase of services. We are, for example, required to provide the Services with reasonable care and skill. You also have remedies if We use materials that are faulty or incorrectly described. More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or from the Office of Fair Trading.
- Our Liability
7.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
7.2 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
7.3 Furthermore, nothing in these Terms and Conditions seeks to exclude or limit Our liability for the following with respect to your rights as a consumer:
7.3.1 Breach of your right to title and quiet possession as implied by section 2 of the Supply of Goods and Services Act 1982;
7.3.2 Breach of terms relating to description, satisfactory quality, fitness for purpose and samples as implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982; and
7.3.3 Our liability relating to defective products as set out in the Consumer Protection Act 1987.
8. Defects
8.1 Under no circumstances will We be responsible for any defects which result from the work of third party Contractors over which he has no control.
8.2 Prior to the completion of the Services We and the Customer will work together to produce a snag list identifying any faults or defects in the Our work which will require rectification prior to completion.
8.3 We will not be liable for any ground movement once Local Building Control officer has issued completion certificate, this includes:
8.3.1 Existing foundations
8.3.2 New foundations.
8.3.3 Concrete Slab floors.
8.4 We will not be liable shrinkage or expansion of any materials.
8.5 We shall rectify any and all such defects subject to Clause 8 at no cost to the Customer at a suitable time for both parties.
8.6 Our Defect period is twelve months from finial invoice date of the Services listed on the Contact.
- Events Outside of Our Control
9.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our control.
9.2 If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
9.2.1 We will inform you as soon as is reasonably possible;
9.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
9.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
9.2.4 If the event outside of Our control continues for more than 7 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
9.2.5 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 9.3.3.
10. Guarantee
10.1 We guarantees that the product of all Services provided shall be free from any and all defects unless set out in Clause 8 for a period of twelve months following final invoice of the Job Contacted Services.
10.2 Guarantees will be supplied from manufactures once finial payments have been revived.
10.3 If any defects in the product of the Services appear during the guarantee period set out in sub-Clause 10.1 We shall rectify any and all such defects at no cost to the Customer.
- Cancellation
11.1 If you wish to cancel your Order for the Services before the Services begin, you may do so under sub-Clause 4.5.
11.2 We may cancel your Order for the Services before the Services begin under sub-Clause 3.4.
- Communication and Contact Details
12.1 If you wish to contact Us, you may do so by telephone at 01189 371501 or by email at info@berkshireconstruction.co.uk.
12.2 In certain circumstances you must contact Us in writing (when cancelling an Order, for example, or exercising your right to cancel the Services). When contacting Us in writing you may use the following methods:
12.2.1 Contact Us by email at info@berkshireconstruction.co.uk; or
12.2.2 Contact Us by pre-paid post at Berkshire construction limited, 8 Astor Close, Winnersh, Berkshire, RG41 5JZ.
- Complaints and Feedback
13.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
13.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
13.2.1 In writing, addressed to Complaints, Berkshire construction limited, 8 Astor Close, Winnersh, Berkshire, RG41 5JZ;
13.2.2 By email, addressed to Complaints at: info@berkshireconstruction.co.uk
- How We Use Your Personal Information (Data Protection)
14.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
14.2 We may use your personal information to:
14.2.1 Provide Our Services to you.
14.2.2 Process your payment for the Services.
14.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
14.2.4 In certain circumstances (if, for example, you wish to pay for the Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
14.2.5 We will not pass on your personal information to any other third parties without first obtaining your express permission.
- Other Important Terms
15.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
15.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
15.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
15.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
15.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
- Governing Law and Jurisdiction
16.1 These Terms and Conditions (and the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
16.2 Any dispute, controversy, proceedings or claim between Us and you relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the non-exclusive jurisdiction of the courts of England and Wales.
