Terms & Conditions – Contract of Works
- DELAYS THAT ARE NOT THE CONTRACTOR’S FAULT; Occasionally delays can occur beyond the contractor’s control and reasonable expectation as we are an installer of goods and not a fabricator and as such are part of a procurement chain. If such an event occurs the contractor will let you know as soon as reasonably possible. The contractor will also try to minimise any resulting delay wherever this is possible. Where this event occurs, the agreed time for completion of the affected works will be treated as having been extended by whatever delay is unavoidably caused by that event.
- WORK AMENDMENTS; If the customer wishes to change any works not yet done, or if the works have to change due to unforeseeable difficulty (for example lead pipes are discovered that need changing or asbestos is found or underlying structural defects), the contractor will do their best to agree the revised description with the customer in writing as quickly as possible and to give a fixed quote, where reasonably possible, for any change (whether up or down) in price.
- FIXED PRICE CHANGES; Unless otherwise agreed, in a quotation letter for instance, the contractor may invoice the agreed price at any time following completion of the work and the customer must pay that price in full no more than 30 days after the date of the invoice.
- PRICE CHANGES; The fixed price will change only as follows: If the customer asks for a change in the works, which should in fairness, raise or lower the price; If the contractor hits an unexpected and unforeseeable snag which should, in fairness, raise the price; If the contractor has clearly and fairly spelt out, in a contract document, other circumstances in which the price may change and how the change in the price would then be worked out. In each case the contractor must promptly and, as soon as is reasonably possible, tell the customer that the price will change, and give a fair estimate (as far as possible) of the amount of change. Otherwise no increase can be charged. In any event the charge must be fair, based on labour rates consistent with the fixed price quotation. If overtime is unavoidably involved then the contractor can increase the labour charge to the true overtime rate.
- LATE PAYMENT; If the customer fails to pay an instalment on time the contractor can charge interest at 5% above the Bank Of England Base Rate on the sums owing, from the date the payment as due until the payment is received. Any goods supplied by the contractor will stay at the contractor’s property until the entire price has been paid. If the customer fails to pay that amount for 90 days or more, or become insolvent (meaning they cannot pay their debts), the contractor can come onto the premises and recover their property, so long as they make good afterwards.
- PLANNING PERMISSION; Unless otherwise agreed, it is the customer’s responsibility to apply for any necessary planning permission or any special consent needed to do the work. The contractor should be an expert in works of this type, so it is their responsibility to make sure that all work they do complies with building regulations and other legal standards. It is also the customers responsibility to obtain party wall consents. The contractor’s responsibility is only for the issues that are expected to be general knowledge of an expert contractor. They are not expected to know things that are specific to the customer’s house unless they have had them explained to them in advance. In special instances, for example listed buildings or covenants, the customer can either fully explain to the contractor what agreements need to be made and with whom and get the contractor’s written agreement that they will deal with them. Otherwise, the customer must deal with them.
- DIFFICULTIES; If the difficulty that arises during the work is one that considering the contractor’s expertise they should have anticipated before the work began, it is up to the contractor to still complete the works within the agreed time frame, and at the agreed price. With difficulties that could not be foreseen, and that increases costs, the contractor’s duty is simply to perform any necessary additional works to still get the job done.
- STANDARDS GENERALLY; The contractor’s promise is that they are expert in this type of work and will carry your work out to a fully acceptable industry standard. The contractor therefore promises to: Fully meet all agreed specifications, and perform all agreed works; Carry out the work with all the skill and competence to be expected in relation to works of that type; Use materials which are of satisfactory quality and suitable for their intended purpose; materials used are to be new unless agreed by the contractor and customer that they will use materials that have been previously used; Meet any technical or quality standard, and any service or warranty promise, claimed in the contractor’s current literature; Follow the customer’s reasonable instructions as the work progress, as to the detail and finish of the works. (If this means that the price changes this will need to be agreed.) Fully comply with all legal duties and responsibilities, and industry standards in terms of health and safety while on the premises; Start and finish the works within the agreed time frame, with time being of the essence; Sub-contract any substantial part of the works, or any part at all which involves people working on the customer’s property, only with their verbal or written agreement beforehand; Store all tools and equipment safely at the end of each working day, regularly dispose of any waste materials and rubbish, take reasonable steps at all times to minimise dust and noise, and on completion of the works to leave the works on site in an entirely clean and tidy condition; Promptly make good any damage which they cause to the premises, or it contents, or to any neighbouring property; Follow the customer’s reasonable instructions as the work progress, as to the detail and finish of the works. (If this means that the price changes this will need to agreed) Ensure that anyone working for the contractor behaves with proper respect to the customer (for example smoking, eating and drinking only in certain areas agreed).
- GUARANTEE; The contractor guarantees, in accordance with our guarantee terms & conditions, (“the company restricts its warranty on glass to 5 years, plastic/aluminium frames for 10 years and all hardware for 12 months”), that they will remain responsible for, and will put right, any faults in the works (other than fair wear and tear) which, according to this contract/company guarantee, they are responsible for. Guarantee claims made within 30 days of completion must be put right before the last payment is made. This guarantee is given for the benefit the existing customer only and is non-transferable to any future incumbent. It is in addition to any other legal rights which you have for the contractor’s breach of contract or negligence.
- EQUIPMENT GUARANTEES, INFORMATION; The contractor will tell the customer about any guaranteed rights attaching to goods bought by them for the works where applicable. They will where possible pass those rights on to the customer, failing which they will enforce those rights on the customers behalf in future, without charge. The contractor will not be expected to take legal proceedings. The contractor will, during the works and for a period of at least twelve months afterwards, supply the customer with any information needed regarding the materials used in the works, the working methods, decorative finishes and the like.
- INSURANCE; The contractor must be insured, from now until the guarantee period ends on an “all risks” and a “public liability” basis with a reputable insurer and on normal and prudent terms. The public liability insurance must have an upper limit, per claim, of at least £1million. A contractor must also have adequate levels of product and employee liability cover. The contractor will supply evidence of the insurance terms, and their current validity, whenever requested.
- THE CUSTOMER’S RESPONSIBILITIES; The customer promises to do the following: Do whatever might reasonably have been expected in the circumstances to keep the working area clear of obstructions, to keep family members and visitors away from areas of danger, and to follow the contractor’s health and safety advice. Give the contractor access to the premises during the agreed working hours, throughout the agreed period.
- CANCELLATION; You have the right to cancel this contract as part of a “cooling off period”, if you wish, within seven calendar days starting on the day this contract is agreed/accepted by you as part of your contract with us. Cancellation should be communicated in writing or by email to the company representative shown on the front of this contract. Notice of cancellation is deemed to be served as soon as it is received by the Company. The customer may still cancel this contract at any time after the seven-day cooling off period. If they do so during the works, they will have to pay the contractor for all the work that has been done to date and any goods ordered for the works that may already be in fabrication at the time of cancellation but that is all. This would include paying for: A reasonable estimate of any other obligations, already unavoidably committed to by the contractor as at the time of cancellation (For example, materials already ordered by the contractor and unsuitable for other immediate use, or goods already fabricated on site.) If any goods are charged for on this basis, the customer can insist on having them delivered to them. This contract is not at an end until the customer has made that fair payment in full. All works already actually performed (the value will be calculated as a proportion of the agreed fixed price);
- WHERE THE CONTRACTOR IS AT FAULT; If the contractor has made a serious breach of this contract, or any other minor breach which continues after at least one written warning, then the customer can send the contractor a letter saying what is wrong and insisting that it is put right within 10 working days where labour and materials are readily available to do so. If matters are not then put right within those 10 working days where materials and labour to do so are readily available, then the customer can terminate this agreement with immediate effect, at any time, by written notice to the contractor. Put right means corrected fully, or if that is not possible in the time, then arrangements made to your reasonable satisfaction, so that the breach is corrected fully as soon as possible. The customer can also terminate the contract by writing to the contractor at any time if the contractor becomes insolvent. If the customer terminates under this sub section, they will be liable to pay the contractor a fair price for work already actually completed on site and materials included (but nothing else). So long as another contractor is brought in promptly to complete the works the customer may delay paying the first contractor any sums due under this sub section until the new contractor has completed the works. The customer must then pay within 14 days of invoice.
- WHERE THE CUSTOMER IS AT FAULT; The contractor may terminate this agreement if, after due warning, the customer: Does not pay any sum when due, without good reason, or makes it unreasonably and persistently difficult for the contractor to carry out the works, or does anything else which is a serious breach of their obligations under this agreement. The contractor must give 10 working days express written warning to the customer to put their fault right. Put right means corrected fully, or if that is not possible in the time, then arrangements made to the customers reasonable satisfaction, so that the breach is corrected fully as soon as possible. If the customer fails to put the fault right within 10 working days the contractor may terminate this agreement by written notice. The contractor may also terminate this contract immediately by writing to the customer if the customer becomes insolvent (meaning they cannot pay their debts). If the contractor validly terminates the contract under this sub section, the customer will be liable to pay just as for cancellation under Section 5.1. Any sum due under this sub section is payable 14 days from invoice.
- DISPUTES; The customer and the contractor each agree to work constructively and fairly to sort out any dispute, first on their own, or if that does not succeed then by asking for the opinion of a skilled professional in the field such as The Glazing Arbitration Scheme <tgas@fensa.org.uk>. If there is still a dispute, then they will both go to court or adjudication. Any dispute about the quality or adequacy of the works, about any conditions or practices on site (such as health and safety) or the fairness or correctness of any price charged, may be referred by either party to a qualified independent professional in the field for unbiased advice in the matter. If the parties cannot agree on someone then either party may apply to the complaints officer through FENSA and the decision of the appointed expert will be binding on both parties and the expert’s costs will be split by the parties to one half each, or in different proportions if the expert declares that to be fair. Either party may refuse to accept the appointment of an expert, so long as they do so within 10 working days of the other party asking for the expert. However, one party’s refusal to solve the problem using the independent expert may be taken into account in court. Alternatively, either party may go to court. Any dispute will be heard under the law of England and Wales (unless your premises are in Scotland or Northern Ireland, in which case under the law of that territory).
- RENTENTION OF TITLE CLAUSE; ALL MONIES CLAUSE; Didcot Glass & Glazing Ltd. reserves title in all goods supplied to the customer until the customer has settled all outstanding invoices from the contractor. This retention of title (ROT) clause is a provision in this contract for the sale of goods which means that the seller retains legal ownership of the goods until certain obligations are fulfilled by the buyer – i.e. payment of the purchase price.
- GDPR (Data Protection) Didcot Glass & Glazing Ltd. (the data controller) (Company No: 06830440) is registered with the Information Commissioner’s Office under registration reference: ZA208882 and is responsible for how your personal data is processed and for what purposes in relation to its business. Our Full Privacy Policy is attached to our email for you to read or will have been provided in hard copy at time of writing to you alongside this contract if sent via land mail. Copies are available on request.
- DEPOSITS; The Company reserves the right to retain any previously paid deposit amounts by the customer to the value of services already completed or orders in process ,where the order/process can no longer be halted or amended.