STANDARD CONDITIONS OF OFFER
(a) The Term “the Company” hereafter means Endon Roofing Ltd., registered in England No: (4953706).
(b) The Term “Customer” hereafter shall be interpreted to mean the person(s) firm or company for whom the Company carry out the works being the subject of the order.
2. Acceptance of order and expiry date
Orders are accepted only upon and subject to the Company’s conditions of sale as printed on the offer. Unless approved in writing by an authorised representative of the Company any qualifications of these conditions shall be inapplicable. Unless previously withdrawn the Company’s quotation expires 60 days after the date there of.
Deposit- a 20% non-refundable deposit is required as acceptance of order.
(a) The Company shall submit to the Customer at monthly intervals a written invoice stating the total amount due to the Company under the contract in accordance with clause 3(b).
(b) Within 14 days of the date of each monthly invoice referred to in clause
3(a) the Customer shall be due to pay to the Company:
i the total value of the works, executed by the Company calculated in accordance with the prices in the quotation and the terms of this contract; ii the total value of any goods and materials delivered to the site by the Company for incorporation into the works;
iii the total value of any goods and materials specifically allocated and set aside at the Company’s premises for the
purpose of incorporation into the works;
iv the amount of any additional loss or expense to which the Company may be entitled under the contract; incurred up
to and including the date of such invoice, less all amounts previously paid to the Company under the contract, and
retention as applicable.
(c) Within 14 days of the due date in accordance with clause 3(b) the Customer will pay to the Company the amount due in accordance with clause 3(b).
(d) The Customer shall not be entitled to exercise any rights of set-off against monies owing to the Company under this or any other contracts which the
Customer may have with the Company.
Full payment for the works to be received in order for a certification of warranty be released.
4. Authorised Signatures
The signature of the Customer’s representative on the site shall constitute a valid offer for omissions, additions and variations or for exceptional work to be carried out at Day work Rates.
5. Quantities and Measurements
The quantities measured for purposes of this offer are to be charged and calculated in accordance with the current edition of the Standard Method of Measurement for Building Works, and unless otherwise stated on the front page of this offer will be subject to measurement on completion.
Prices quoted are based on the work being carried out during normal working hours in accordance with the current National Working Rule Agreement and unless specifically stated otherwise in the offer nightwork , week-end work and work on statutory holidays (if required), will be charged as an extra. Unless otherwise stated on the front page of the Company’s offer the price is submitted on a fluctuating basis, and orders are accepted only on condition that the goods will be invoiced at the prices ruling at the date of dispatch. The Company reserves the right to alter prices without notice to cover variations in the cost of raw materials, labour, or through the Customer’s change of design or for any other reason. If variation in price occurs during the currency of an order the price of the undispatched portion of the order outstanding at the date of such variation in price shall be adjusted accordingly.
7. Customer’s Obligations
The following attendances and services shall be provided without charge to the Company, unless specifically provided for in the offer:
(a) facilities for plant and materials to be used on hard standing adjacent to the work and hard road access provided thereto;
(b) provision and erection of all necessary scaffolding, ladders, hoisting facilities, safety netting, protective measures to roof openings and edges and welfare facilities under or by virtue of the provisions of any enactment or statutory regulations;
(c) all builder’s work (including cutting chases, pointing, supplying and fixing wall plates, angle fillets, fascia boards, and nosing pieces etc.) required in connection with the Company’s work;
(d) the provision of adequate electric power, artificial light and ventilation necessary and suitable storage area for containers of inflammable substances, in conformity with the current Building Construction Regulations covering Safety, Health and Welfare requirements;
(e) in the event that the Company is required to remove asbestos or any noxious materials from existing structures it shall be the Customer’s responsibility to pay all costs incurred by the Company in such removal, such testing and disposal including notification to the Health and Safety Authorities unless this has been specifically drawn to the attention of the Company at pre-contract stage and is included in the Contract Sum;
(f) in the event that the Company is required to provide any of the attendances listed in clause 7 at its own cost, which it has not been agreed should be provided by the Company and was not included in the Contract Sum, then the Company shall be entitled to charge to the Customer that additional cost together with a percentage for handling and profit.
(a) Complaints regarding defective goods will only be taken into account if notified in writing within 8 days of receipt of the goods, unless the defect could not have been discovered on careful examination.
(b) Except in the case of death or personal injury caused by the negligence of the Company, the liability of the Company to the Customer in respect of any event caused by the design and construction of the works shall in no circumstance exceed the Contract Sum for the works as stated in the offer.
(c) The Company shall in no event be liable to the Customer for any loss of use, loss of profit, loss of rent or other consequential loss arising out of the performance of the works or any breach of the contract by the Company.
(d) Where the work includes for recovering or repairing existing property adequate protection from damage to the building or contents is the responsibility of the Customer. Any assistance the Company’s employees may give in this respect is without prejudice to this responsibility. The Customer shall indemnify the Company against all claims for damage caused to property during the carrying out of the works.
9. Protection of Work
(a) The Customer shall programme the whole of the work to ensure that the Company’s work during its progress and after its completion is neither damaged nor disturbed by subsequent operations, and any damage so incurred will be the sole responsibility of the Customer who will be responsible for payment for any repairs so caused.
(b) The Company’s work, materials and goods properly on site for use in the Company’s work and the Company’s plant, tools and equipment shall as regards loss or damage from whatever cause be at the sole risk of the Customer.
(c) In the event of any loss or damage occurring to the Company’s work, materials and goods, or plant, tools and equipment the Customer to the extent of such loss or damage shall pay to the Company the full value of the same.
(a) Where the works are to be designed by the Company, the Company shall in the performance of such design exercise the reasonable skill and care to be expected of a competent professional designer, but the Company shall not have any liability to the Customer in respect of the design of the works except in so far as it has failed to exercise such reasonable skill and care.
(b) The Company does not accept responsibility for the design, strength stability or suitability including tolerances of the sub-structure to receive the Company’s materials nor for any adverse effects caused to its work by reason of latent defects which may occur in sub-structure constructed by others.
11. Commencement/Completion and Delay
(a) The Company shall commence work on the site within 21 days of receipt of the notice to commence work on site, such notice shall be sent by the Customer unless otherwise agreed by the Company within 90 days of the Customer giving notice of acceptance of the offer.
(b) Visits to site in excess of those specified on the face of this offer will be charged for.
(c) The Company shall use its reasonable endeavours to carry out and complete the works in accordance with the agreed programme as may have been reviewed or agreed but the Company shall not be liable for any delays arising out of any matter beyond its control.
(d) If reasonably necessary in the opinion of the Company, the Company shall be entitled to have access to the works for a 7 day week at the site with no restriction on hours of working.
12. Reservation of Title
The ownership of the material or goods to be delivered by the Company will only be transferred to the Customer when he has met all that is owning to the Company no matter on what grounds. Until the date of payment of what the Customer owes the Company the Customer shall keep the materials or goods in question for the Company. in the capacity of fiduciary owner and if required by the Company they shall store the goods or materials separately and in such way that they are clearly the property of the Company and can be recognised as such and until the moment of full payment of what the Customer owes to the company if the Company so desires the Customer will deliver up the goods or materials to the Company and the Company shall be entitled to enter upon the site and dismantle and remove any goods and materials supplied pursuant to the contract and the Customer hereby grants to the Company an irrevocable licence to enter upon the site for this purpose.
13. Patents and Trade Marks
(a) Where the Company is required to supply named, branded or patent materials (or materials purchased from nominated or named suppliers) no warranty expressed, statutory or otherwise is given as to the quality or suitability for their purpose of the materials so supplied or purchased and their inclusion in the works subject to this contract shall be deemed a full discharge of all the Company’s obligations relating thereto.
(b) Where the Company is required to purchase materials from nominated suppliers or to place contracts with nominated sub-contractors who impose limitations upon the suppliers’ liability for materials or work done by them, the Company’s own liability in respect of these materials or work shall in no case exceed the limited liability assumed by the suppliers or sub-contractors concerned.
(c) The Customer shall indemnify the Company against all damages, penalties, costs and expenses to which the Company may become liable as a result of work done in accordance with the Customer’s specification which involves infringement of a patent, design or copyright.
(a) If the Customer does not pay the Company any amounts properly due and payable under the contract or is otherwise in breach of the contract and the Company serves notice on the Customer specifying such failure to pay or other breach and requiring it to remedy and the Customer fails to remedy the same within 7 days of service of such notice; or
(b) if the Customer makes any voluntary arrangement with its creditors or being an individual or firm commits any act of bankruptcy or goes into liquidation or has a receiver appointed over any of its assets or suffers any execution of distress to be levied on any of its property then the Company may terminate the contract forthwith by notice to the Customer.
(c) Upon any termination of the contract for whatever reason the Customer shall pay to the Company the total amount properly due to the Company for work performed and/or goods and materials supplied up to date of termination provided that such payment shall be without prejudice to the Company’s rights to sue for and recover any damages, loss and/or expense to which the Company may additionally be entitled.
15. Jurisdiction and Conflict of Terms These conditions shall be subject to and construed in accordance with English Law, and the Customer agrees to submit to the jurisdiction of the English courts and in the event that the Customer’s conditions conflict with those contained in this offer other