Terms of Service
1. DEFINITIONS
In this document the following words shall have the following meanings:
1.1 "Customer" means any person who purchases Goods and Services from Total Build Developers Ltd (referred to in this document as TBD).
1.2 "Goods" means the articles specified in the Proposal;
1.3 "Proposal" means the statement of work, quotation or other similar document describing the Goods and Services to be provided by TBD attached to these Terms and Conditions.
1.4 "Services" means the services specified in the Proposal;
1.5 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by TBD.
2 GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by TBD to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by TBD
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which TBD may be entitled in relation to the Goods and Services, by virtue of any
statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
3. THE ORDER
3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of 28 days. No contract between TBD and the Customer shall come into force until the Customer has accepted the Proposal.
3.2 The Customer shall be deemed to have accepted the Proposal by placing an order in writing with TBD ("the Order") along with a 25% non-refundable deposit, within the period specified in Clause 3.1.
3.3 All Orders for Goods and Services, whether verbal or in writing shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
3.4 TBD reserve the right to withdraw or amend any quotation without notice before acceptance of the Proposal has been received from the Customer.
3.5 On acceptance of the Proposal TBD will order the Goods as detailed in the Proposal. If subsequent to this order being placed the Customer cancels the Order the Customer will be liable for any costs incurred by
TBD in the proper performance of the Order for Goods or time to that date.
3.6 The person giving instructions to TBD or ordering work or materials will personally be deemed to be the Customer unless it is made clear to TBD who the Customer is.
4. PRICE AND PAYMENT
4.1 The price for the Goods and Services is as specified in the Proposal and is inclusive of VAT and any applicable charges outlined in the Proposal.
4.2 Payment of the price shall be in the manner specified in the Proposal. Time for payment shall be of the essence of the contract and must be paid within 30 days of the rendering of an Invoice to the Customer
by TBD.
4.3 If the Customer fails to make any payment on the day of it becoming due, TBD shall be entitled.
(a) to charge interest at the rate of 5.00% per month as well before as after judgment on the outstanding amounts from the due date to date of payment.
(b) without any liability to the Customer to cease any uncompleted work.
4.4 The Customer must notify TBD of any variation to the Proposal and TBD (if it agrees the variation) reserves the right to adjust the price accordingly.
4.5 If the Company incur any legal costs as a result of non/or late payment of invoice, the Client will become liable for such costs.
4.6 Dependent on the project/job advance payment may be necessary for materials and works and this will be agreed with the Company and the Client beforehand and will be represented on the invoicing.
5. DELIVERY
5.1 The date of delivery specified by TBD is an estimate only. Time for delivery shall not be of the essence of the contract and TBD shall not be liable for any loss, costs, damages, charges or expenses caused
directly or indirectly by any delay in the delivery of the Goods.
5.2 All risk in the Goods shall pass to the Customer upon delivery.
5.3 Where the Goods are faulty or do not comply with any of the contract, the Customer must notify TBD within 1 day of delivery and the Customer shall be entitled to replacement Goods. After 1 day the Customer
shall be deemed to have accepted the Goods and shall not after that time be entitled to reject them.
5.4 The Customer shall make all arrangements to take delivery of Goods whenever they are tendered for delivery.
6. TITLE
6.1 Title in the Goods and materials shall not pass to the Customer until TBD has been paid in full in accordance with these Terms and Conditions.
6.2 Should payment not be made in accordance with these Terms and Conditions TBD reserves the right (and shall be allowed access by the Customer) to remove any Goods or materials supplied or fitted by TBD.
6.3 The cost of any damage caused by such removal will not be borne by TBD.
6.4 If the goods are sold to a third party before they have been paid for in full the TBD has the right to the proceeds of sale to the extent of any monies due to TBD by the Purchaser and such monies shall constitute
monies held in trust for TBD.
7. CUSTOMER'S OBLIGATIONS
To enable TBD to perform its obligations the Customer shall:
7.1 Co-operate with TBD;
7.2 Make the site available to TBD. for the duration of the works and ensure a free safe supply of necessary services and utilities.
7.3 Provide TBD with any information reasonably required
7.4 Obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer;
7.5 Comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
7.6 The customer will be responsible for removing any items that may be accidentally damaged during the works carried out by TBD, such as carpets, pictures, ornament, electrical items etc. TBD will not be held
responsible for damage to items not removed from the working area.
8. GUARANTEES
8.1 Materials and Goods supplied by TBD shall be of merchantable quality and fit for their normal purpose.
8.2 TBD shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.3 TBD accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
8.4 Goods supplied by TBD are guaranteed for the period and on the terms as specified by the manufacturers warranty applicable to the Goods.
8.5 All services are guaranteed by TBD for the period specified in the Proposal.
8.6 TBD will at all times have Public Liability Insurance in place.
9. LIMITATION OF LIABILITY
9.1 Provided that nothing in these Terms and Conditions shall exclude or limit the liability of TBD for death or personal injury, TBD shall not be liable for any direct loss or damage suffered by the Customer howsoever
caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
9.2 Except to the extent precluded by law, TBD shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss
suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
9.3 TBD will not be liable for the fitness for a particular purpose (other than their normal purpose) of any materials or Goods or Services unless that particular purpose has been notified to TBD in writing prior to the
date of this Proposal
9.4 Where the Customer supplies Goods or materials TBD accept no responsibility for any defects or damage and offers no guarantee for these Goods or materials.
9.5 For the avoidance of doubt, time shall not be of the essence and TBD shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
9.6 All orders for reproduction by the Company and associated companies are accepted only on the strict understanding that the customer has a legal right to do so, and will indemnify the Company and its
associated companies/approved suppliers against any action arising out of copyright infringement.
9.7 In the event of any complaint with any reproduction or printing all work subject to the complaint should be returned within one week. No responsibility for error will be considered by the Company or its
associated companies/approved suppliers unless a written order was originally supplied.
10. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
11. SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
12. SITE HEALTH AND SAFETY
12.1 TBD holds a strict Approved Supplier database for professional trades, labour and consultancy.
12.2 TBD ensures its chosen suppliers have all the required insurances, professional certifications, risk assessments and method statements prior to commencing works, as far as is possible.
12.3 Approved Sub Contractors provided by TBD are provided under contracts for services and are deemed to be under the direction and control of themselves as professional tradesmen.
12.4 The sub-contractors assume full liability under their professional expertise and insurances for all their works and TBD accepts no liability for these works as TBD is the agent in terms of liaising with the
customer and allocating works to the appropriate and skilled professional tradesmen.
12.5 TBD will ensure that the Sub Contractors submit the appropriate risk assessments for the works undertaken.
12.6 TBD will ensure the appropriate method statements are submitted by the sub-contractors for the works undertaken.
12.7 The Sub-Contractors are responsible fully for site health and safety, associated tools, PPE, briefing of fellow contractors and provision of appropriate documentation.
12.8 TBD before work commences, will ensure a job pack is made available to the customer to demonstrate the professional certification, accreditations and insurances of its chosen sub-contractors.
13 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.