Re: A Builders Terms & Conditions
- From: "Steve Robinson" <steve@xxxxxxxxxxxxxxxxxxxxxxxxx>
- Date: Mon, 13 Mar 2006 22:14:42 GMT
"Darren" <Darren@xxxxxxxxxxxxxxxx> wrote in message
news:lfpb12pvg621vg8n52ts8846vt385esnu0@xxxxxxxxxx
Hi,the work must be of a standard so that it would meet the expectations of a
Can someone help, by giving the following Terms & Conditions, from my
builder who recently undertook some building work, a 'once over' to
determine whether they are fair and legal:-
1.Application of Conditions
---------------------------
All quotations, estimates and contracts are subject to this and the
following conditions. Orders are accepted only upon and subject to
these conditions. Any qualification or variation of these conditions
in the customers order or acceptance shall be inapplicable unless
expressly accepted by the Company in writing. No customers conditions
will override our conditions.
2.Safe Custody
--------------
The Customer accepts liability for the safe custody of materials
delivered to the site.
3.Delays
--------
All stipulations as to delivery and/or fixing which become subject to
strikes, lockouts, fire, machinery breakdown or unforeseen
circumstances the Company will not be responsible for consequent
delay.
4.Workmanship
-------------
The Company's liability for defects, if any, of materials or of
workmanship is limited to making good free of charge, providing any
defect is reported, in writing, to the Company within seven days of
completion.
5.Materials On Site
-------------------
All materials supplied by the Company remain its property until paid
for in full and until then may be removed by the company or its Agents
at any time, whether the materials are fixed or not and it is an
express condition that we as the Company will not be liable for any
subsequent damage due to the removal of fixed materials not paid for
in full.
6.Overtime
----------
The Comapny's quotation/estimates allows for work to be carried out
during normal working hours and a t normal labour rates. Should
overtime be required at the request of the customer, either in the
workshop or on the site, the extra over cost of the overtime premium
will be charged to the customer.
7.Payment
---------
Unless otherwise agreed by the Company in writing all accounts are due
within 14 days from the date of invoice whether the work is to be done
to the satisfaction of third parties or otherwise. Should the account
not be paid in full on the due date the Company reserves the right to
suspend all further works without liability until paid in full,
together with any interest charges, administration costs/debt
collectors fees incurred in obtaining the said payment. The right to
demand payment at any time is reserved.
8.Interest Charges On Overdue Accounts
--------------------------------------
If payment in full is not received by the due date then the Comapny
will add to the account in all outstanding amounts at the rate of 8%
above the current Barclays bank base rate of interest, plus
administration charges, from the invoice date.
9.Debt Collection Fees
----------------------
Should the Company have to employ the services of a debt collector to
obtain payment of overdue accounts, the customer will not only be
liable to pay incurred interest/administration costs but also the
total costs of the debt collection service fees.
10.Alterations
--------------
Variations from the original design will be charged extr aover the
quotation/estimate value. Quotations are based on all information
received at our office.
11.Guarantees
-------------
Any works will only be guaranteed providing payment conditions ahve
been fully complied with. This does not affect your statutory rights.
My intial query is with parts 7 and 8. I only thought payment
should/could be made if the job was completed to my satisifaction, and
this was my statutory right?
I have given my builder an 8 point list of things that needs
completing, yet his invoice/terms suggest I still have to pay whether
the finished product is to my liking or not?
What then do I have as comeback, if he decides never to return?
I know when work is undertaken from a builder, this is a contract, and
he can stipulate various terms, but has he overstepped his mark by
specifying things that could be against the rules etc?
reasonable person and/or comply with any relevant provisions that may be in
force at that time
peoples expectations vary some want a rolls royce job for a saxo price this
clearly would be unreasonable , however if you paid a premium price then
you may expect a higher level of service / better quality job .
You are entitled to withhold a sum equal too the value of works not
completed to a reasonable standard , you must not refuse to pay for works
correctly completed
.
- References:
- A Builders Terms & Conditions
- From: Darren
- A Builders Terms & Conditions
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