All of our work is carried out in accordance to our terms and conditions. They are clearly stated below and shown on the back of our invoices.
Our Rates: We charge a minimum of one hour on all jobs, thereafter work is charged in 30 minute increments. Rates exclude materials.
Estimates can be provided before work commences.
Fixed Prices can be given if requested and will be confirmed in writing before work commences.
Materials supplied by Connect Heating & Property Services will be charged at cost price plus 20%.
Terms & Conditions of Business
“Client” means the person(s), firm or company to be supplied with the Works by the Supplier.
“Contract” means the contract to carry out the Works by the Supplier for the Client made between the said parties to which these conditions apply.
“Hire Agreement” means the hire of plant and equipment with or without an operative or the hire of personnel only without plant or equipment by the Supplier to the Client.
“Materials” mean the building materials and other items to be used and/or fitted pursuant to the Works which may be supplied by the Supplier or by the Client.
“Order” means the order or instruction (with may be oral or in writing) issued by or on behalf of the Client to the Supplier for the performance of the Works.
“Site” means the site address where the Works are to be carried out.
“Supplier” means Connect Heating and Property Services “Works” mean the building works, plumbing and heating works, ground works and other services which may include the hire of plant and equipment by the Supplier to the Client pursuant to the Contract and specified in the quotation, order and other documents referred to therein including any changes or additions made to these Works by the Client as referred to in Condition 6 herein.
2. CONDITIONS APPLICABLE
These Conditions shall apply to all contracts for the supply of Materials and Works by the Supplier to the Client to the exclusion of all other terms and conditions including any terms or conditions which the Client may purport to apply under any Purchase Order, Letter of Intent or in correspondence or elsewhere unless specifically agreed to in writing by the Supplier and any conditions or stipulations to the contrary are hereby excluded or extinguished.
3.1. The Price shall be the Supplier’s quoted price and day rate which shall be binding on the Supplier provided the Client shall accept the Supplier’s quotation within a period of 30 days from the date of the quotation. The Supplier may change the quoted price and day rate at any time after this period but prior to the Client’s acceptance to take account of increases in costs including, without limitation, costs of materials, labour and/or to account of increase of costs due to the act or default of the Client including (without limitation) cancellation by the Client of part or any Order.
3.2. The Price is exclusive of VAT.
4.1. During the course of the Works, the Supplier shall raise interim invoices of the value of the Works properly executed. Upon completion of the Works the Supplier shall raise a final invoice.
4.2. Unless otherwise agreed in writing, payment of invoices shall be made in full without any deduction of set-off within 14 days of the date of invoice of the Works.
4.3. In the event the Client disputes all or part of any invoice submitted by the Supplier, the Client shall return the invoice together with a notice setting out reasons for withholding payment within 14 days of the date of the invoice. If no such notice is received within the prescribed time, the invoice is deemed to be correct and payable in full. Any undisputed parts of the invoice is payable as in clause 4.1 above.
4.4. The Supplier shall be entitled to charge interest at 5% above the Bank of England base rate on outstanding payments from the date payment became due to the date of receipt of full payment by the Supplier.
4.5. In the event that the Client fails to make full payment of any interim invoices within the due dates, the Supplier shall be entitled, without prejudice to any other rights it may have, and without liability, to suspend all Works (in whole or in part) pending payment or to terminate the Contract by giving the Client 7 days’ notice in writing. The Client will be liable to reimburse the Supplier for the cost of suspension and remobilisation should Works be resumed.
4.6. Any extension of credit allowed to the Client may be changed or withdrawn at any time. If in the opinion of the Supplier the credit worthiness of the Client shall have deteriorated, the Supplier may require full or partial payment of the Price prior to completion of the Works or the provision for security of payment by the Client in a form acceptable to the Supplier in order to proceed with the Works.
5. TIMESCALE AND DELIVERY
5.1 Time not being of the essence of the Contract delivery dates of the Works mentioned in any quotation or acceptance form or elsewhere are approximate only and not of any contractual effect. The Supplier shall not be under any liability to the Client in respect of any delay due to conditions beyond its control including (without limitation) inclement weather, illness, inability to gain access to the Site and delays caused and/or contributed to by the Client and/or its agents or other sub-contractors.
5.2. If the Works cannot be finished within the date agreed for reasons beyond the control of the Supplier, the Client shall give an extension of time.
5.3. ln the event of total failure to deliver any Works due to the Supplier’s fault, the liability of the Supplier shall be limited to the value of such Works referred to in the relevant invoice, quotation or as otherwise specified in the Contract.
5.4. If the Client refuses or is unable to accept delivery of Materials at the time when they are due and ready for delivery, the Supplier shall be entitled to store at the risk of the Client those items and the Client shall pay all costs of such storage and any additional costs or carriage incurred as a result of such refusal or failure. The Supplier shall be entitled to dispose of the goods after 3 months from the due delivery date.
6.1 Variations are changes, modifications, additions or omissions made to the Contract Works upon the order of the Client. No such instruction shall vitiate the Contract. The variation orders should be in writing but in the event that variation orders given by the Client are verbal only, all those works relating to the variation orders will be noted in writing by the Supplier and submitted to the Client and these notes will constitute conclusive evidence that the variation works were ordered by the Client and were carried out by the Supplier.
6.2. The price for the Variations is to be agreed by the Supplier and the Client. In the event that no price was agreed, the Supplier shall value the price of the Variations on a fair and reasonable basis, using where relevant prices in the quotation and/or schedule of rates and such valuation shall include direct loss and/or expense incurred by the Supplier due to the regular progress of the Works being affected by the compliance with such Variation orders. The Supplier shall raise appropriate invoices and the Client is liable to make full payment in accordance with clause 4 herein.
6.3. The Supplier will not be liable for any losses incurred by the Client or third parties arising out of any delay to the Works which is caused and/or contributed to by reason of Variations of Works ordered by the Client.
7. TRANSFER OF TITLE
7.1. All Materials shall remain the sole and absolute property of the Supplier as legal and equitable owner until such time as the Client shall have paid to the Supplier the agreed price.
7.2. Until such payment the Client or any third party shall be in possession of the Materials solely as bailee for the Supplier and the Supplier reserves the immediate right of repossession of any Materials to which it has retained title as aforesaid and thereafter to re-sell the same and for this purpose the Client hereby grants an irrevocable right and licence to the Supplier and its agents to enter upon all or any of the Client’s premises during normal business hours.
8.1. The Supplier will carry out the Works in a proper workmanlike manner with reasonable skill and care in accordance with the drawings and specification supplied by or on behalf of the Client and with the requirements of the Council Building Inspector (where applicable) using Materials of the quality and standard agreed. For the avoidance of doubt the Supplier is not placed in the role of specialist sub-contractor.
8.2. The Client is obliged to provide proper and accurate drawings, measurements and other details to the Supplier, The Supplier shall not be liable for any defects or damage due to any deficiency in the drawings, specification and instruction supplied by the Client, the Council Building Inspector, statutory undertakers or any private utility or other companies or bodies.
8.3. The Client shall indemnify and keep indemnified the Supplier against all claims, costs, damages and expenses incurred by or for which the Supplier may become liable as a result of any deficiency, inaccuracies or errors in the drawings, specification and instruction and information supplied by the Client or its agents.
8.4. The Supplier shall not be liable for any delay and/or prolongation of the Contract duration if the delay is not caused by any fault of the Supplier. The Client will indemnify the Supplier for any loss and damage including (without limitation) increased cost of materials and wasted labour costs incurred due to any delay in the progress of the Works which are caused and/or contributed to by the Client, its servants, agents or other sub-contractors.
8.5. The Client will be liable to reimburse the Supplier for any loss and expense incurred caused by matters affecting the regular progress of the Works including but not limited to the following:
8.5.1. The Supplier not having received in due time necessary instructions, drawings or details from the Client or its agents;
8.5.2. The execution of other work by the Client itself or by persons employed or otherwise engaged by the Client such as its other sub-contractors or the failure to execute such works
8.5.3. The supply by the Client of materials, equipment and other items which the Client has agreed to provide for the Works or the failure to supply
8.5.4. Failure of the Client to give in due time access to the Site
8.5.5. Variations ordered by the Client as referred to in condition 6.
8.5.6. Suspension of the Works as referred to in condition 4.5.
8.6. The provisions of clauses 8.3, 8.4 and 8.5 are without prejudice to any other rights and remedies which the Supplier may possess.
8.7. The Supplier shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Supplier of this Contract.
8.8. The Supplier’s aggregate liability to the Client whether for negligence, breach of Contract, misrepresentation or otherwise shall in no circumstances exceed the cost of the defective, damaged or undelivered Works, Materials and equipment which gave rise to such liability, as determined by the net price invoiced to the Client in respect of any occurrence or series of occurrences.
8.9. All warranties and conditions whether implied by statute or otherwise are hereby excluded Provided that nothing in this Contract shall restrict or exclude liability for death or personal injury caused by the negligence of the Supplier or affect the statutory rights of the Client dealing as consumer.
9. SPECIFICATION BY THE CLIENT
9.1. The Client shall indemnify and keep indemnified the Supplier against all claims, costs, damages and expenses incurred by or for which the Supplier may become liable as a direct or indirect result of the carrying out of the Work required to be done on or to the Materials in accordance with the requirements or specifications of the Client or its agents involving any infringement or claim or infringement of any intellectual property rights vested in another person, firm or company.
9.2. The Supplier will not be liable for any defect of the Works arising as a direct or indirect result of carrying out the Works in accordance with the Client’s specific instruction to carry out part or all of the Works in a particular manner which is contrary to the Supplier’s advice.
10. HEALTH & SAFETY
The Client shall comply with its obligations pursuant to all relevant Health & Safety legislation, guidance notes and CDM Regulations.
11.1. If the Client enters into a Deed of Arrangement or commits an act of bankruptcy or compounds with his creditors or if a Receiving Order is made against him or (being a company) it shall pass a resolution or the Court shall make an order that the Client shall be wound up (otherwise than for the purpose of amalgamation or reconstruction) or if a receiver shall be appointed of any of the assets or undertaking of the Client or its circumstances shall arise which shall entitle the Court or a creditor to appoint a receiver or manager or which entitles the Court to make a Winding Up Order or if the Client takes or suffers any similar action in consequences of the debt or commits any breach of any part of this or any other Contract between the Supplier and the Client, the Supplier may stop any works and suspend further works and by notice in writing to the Client may forthwith determine the Contract without liability upon its part and without prejudice to any other rights which it may have.
11.2. The parties may terminate the Contract by giving 30 days’ notice in writing with reasons for the termination to the other party, In the event of termination of the Contract by the Client or by expiry or pursuant to condition 4.5. herein, the Supplier is to be paid by the Client for all works completed and for other direct loss and expenses incurred as a result of the termination.
12.1 The Supplier shall not be liable to the Client for any loss or damage which may be suffered by the Client as a direct or indirect result of the provision of the Works and Materials by the supplier being prevented, hindered or delayed by reason of any force majeure circumstances.
12.2. In this condition ‘force majeure circumstances’ shall include any act of God, riot, strike, lock-out, currency restrictions, trade dispute or labour disturbances, accidental breakdown of plant or machinery, fire, flood, difficulty in obtaining workmen, Material or transport or other circumstances whatsoever outside the control of the Supplier affecting the provision of the Materials and Works therefore by the Supplier’s usual source of supply or the manufacturer of the Materials by the Supplier’s normal means or the delivery of the materials by the Supplier’s normal route or means of delivery.
The failure on the part of either party to the Contract to exercise or enforce any rights conferred by the Contract shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise by enforcement thereof at any time or times thereafter.
14.1. If any of the provisions of the Contract shall be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Contract but rather the entire Contract shall be construed as if not containing the particular invalid or unenforceable provision or provisions and the rights and obligations of each party shall be construed and enforced accordingly. However, in the event of such provision being considered an essential element of this Contract, the parties shall promptly negotiate in good faith a replacement thereof.
15. ENTIRE AGREEMENT
The Contract contains the entire understanding and agreement between the Supplier and the Client in respect of the subject matter of the Contract and supersedes all prior oral or written communication, undertakings and any practice or course of dealing applying between the Supplier and the Client. It may not be amended except in writing signed by the authorised representatives of both the Company and the Client.
16. THIRD PARTY RIGHTS
Nothing in the Contract shall confer any rights to any third party and for the avoidance of doubt any rights conferred on third parties pursuant to the Contract’s (Rights of Parties) Act 1999 or any other legislation are hereby expressly excluded.
17. GOVERNING LAW
The Contract shall be governed by English law.
18. DISPUTE RESOLUTION
In the event of any dispute between the parties, the parties may jointly appoint an independent mediator suitably qualified which may, without limitation, be a building surveyor, quantity surveyor or architect to resolve the matter.