Damian Dale LEADWORK SPECIALISTS TERMS AND CONDITIONS OF BUSINESS
1. All Contracts which Damian Dale (hereinafter called The Business) shall enter into are subject to these Terms and Conditions and it is hereby expressly agreed by the Customer (which expression shall include any individual, firm company or any other party whom the business Contracts) that the Customers contractual Conditions, if any, are excluded in their entirety and no variation in these Conditions will be accepted by the business unless agreed to in writing by Mr. D. Dale.
2 a) Any quotation by the Business is only an invitation to the Customer to treat and no order of the Customer placed with the Business in pursuance of a quotation shall be binding on the Business unless and until accepted in writing by Mr. D. Dale.
b) Unless otherwise stated on the quotation all quotations by the Business will only be valid for thirty days from the date thereof.
3. This quotation is based upon the cost of materials and labour at the date of the quotation and the quotation price maybe adjusted at the discretion of the Business, to include any increases in these costs from the date of the quotation to the completion of the Contract.
4. The Customer’s attention is specifically drawn to the fact that the prices in this quotation are based upon the work being carried out during normal working hours and on a continuous bases unless otherwise agreed in writing by Mr. D. Dale, who reserves the right to adjust the Contract price if it is required to work outside normal working hours or if the work is not continuous.
5. The Customer’s attention is specifically drawn to the fact that the business will not be responsible for making good after other trades and reserves the right to charge if a return visit to the site is necessary to fix Leadworks that could not be completed initially owing to the failure of the trades to complete their work.
6. Whilst the Business undertakes to carry out the Contract it does not undertake to do so within any particular time or specified date and any reference to such time or date shall be construed as an estimate only.
7. In the event of the Contract being delayed by reason of strike, lock-out, combination of work, shortage of labour, fire, climate conditions, accident, breakdown, Act of God, force majeure, failure to deliver by the Business suppliers or any clause whatsoever beyond the Business control then the Business shall be entitled to upon giving notice in writing to the Customer to suspend the Contract for the period required by the Business to overcome the cause or causes of the delay and the Business will undertake no liability whatsoever for the consequences of such delay and it will not entitle the Customer to cancel the Contract without the Business’s consent, in writing, signed by Mr. D. Dale.
8. It is a condition of this Contract that access will be given to the site and to that proportion of the building on which work is to be executed and an area must be provided to stack the materials in a reasonably close proximity to the working area.
a) Materials supplied by the business shall be at the Customer’s risk immediately upon delivery to the Customer’s site or into custody on the Customer’s behalf (whichever is the sooner) and the Customer is therefore warned that he should be insured accordingly.
b) The Business will not accept any claim for damage, shortage or loss in transit or non delivery unless each claim is notified in writing to the Business within three days from the date of delivery but if the materials are to be delivered by installments over a period of time, the materials delivered at each installment will be treated as if each delivery were a whole Contract for the purpose of these conditions.
c) It is the responsibility of the Customer to provide adequate protection to the materials, when delivered, and the business will not be liable for any deterioration or damage to the materials arising from the failure by Customer to provide such protection.
9. The Customer will provide the Business operatives with such sight facilities as are required to be provided under the current Health, Welfare and Safety Regulations.
10. Scaffolding provided by the Customer must be installed at the correct working height and in accordance with the current Health and Safety Regulations.
11. Property in the goods supplied under this contract will remain with the Business and will only pass to the Customer when the full Contract price has been paid.
12. The Customer shall not, without the express written consent of Mr. D Dale, be entitled to deduct or set off from any monies due under the Contract any claim which the Customer may have against the Business.
13. Payment under this Contract is due thirty days from invoice date unless otherwise stated overleaf, or agreed in writing between the Customer and Mr. D. Dale.
a) Unless specifically stated in the quotation, the Customer will not be entitled to make any retention against the Contract price for any reason unless agreed with Mr. D. Dale in writing.
b) The Business reserves the right to suspend work under the Contract or, at its option, to cancel any uncompleted portion of the Contract completely, if payments are not made as agreed or if, in the opinion of the Business, the Customer is in breach of any of these Terms and Conditions, and in such event the Business will be entitled to claim for any work carried out up to the date of cancellation or suspension for any additional loss (including the loss of profit) or damage by the Business as a result of the Customers breach.
c) The Business reserves the right to charge interest on all amounts not paid on the due date such interest to be determined on a day to day basis at the rate equal to Lloyds Bank PLC base rate from time to time plus 5% per annum.
14. a) The Business’s liability for any defects in the materials or workmanship shall be limited to liability expressly undertaken by the Business under the terms of this Contract and the Business shall not be otherwise liable to the Customer in any way whatsoever.
b) Where materials are supplied which are subsequently found to be defective, the Customer shall have the benefit of any warranty guarantee undertaking or allowance that the manufacturers will make so far as the same are transferrable to the Customer and the Business will accept no further liability in respect of this and it is hereby expressly made clear that the Business is not an agent of the manufacturer or manufacturers.
c) The Business shall not in any event be liable for any damages for loss of profits or other consequential loss howsoever caused and howsoever and from whatsoever arising.
d) The liability of the Business for damages for any loss or damage (except personal injury to the Customer) shall not exceed £1,000,000 (one million pounds) and the Business shall be under no liability in excess of such sum in respect of any loss of damage however caused and howsoever and whatsoever arising.
e) It is hereby expressly agreed that the Terms implied by section 13, 14 and 15 of the Sales of Goods Act 1893 as amended are excluded from this Contract and that no terms to the same effect are expressly incorporated in this Contract unless agreed to in writing by the Business.
BY REASON OF THESE MATTERS CUSTOMERS ARE ADVISED TO CONSIDER THEIR OWN INSURANCE POSITION.
15. Information supplied by the Business will not form part of this Contract unless specifically confirmed by Mr D Dale to the Customer in writing.
16. Where the quotation is based upon the Customers own design and/or specification no warranty, condition or guarantee is given or implied as to its suitability for the purpose for which it is intended and no liability can be accepted by the Business for any failure, defect or mistake in such design and/or specification.
17. Sample materials submitted either by the Business or the Customer are only to be accepted as showing substance and the general character since equality of the bulk in color, size or shape cannot be guaranteed by the Business.
18. In view of the nature of leadwork/roofing work the Customer is specifically warned that the Business cannot accept any responsibility or claim for damage to ceilings, walls, gutters, etc., or the contents of the buildings no matter howsoever caused.
19. If the Customer shall pass a resolution or suffer and Order of the Court to be made for winding up or a Receiver is to be appointed, shall suspend payment or purpose or enter into any composition with creditors or suffer a Receiving Order in Bankruptcy, then the Business may without Prejudice to any other right contained herein, rescind or suspend the Contract.
20. This Contract is governed by English Law and is subject to jurisdiction of the English Court.