Terms and Conditions
For the purpose of these terms & conditions the following words shall have the following meanings:
(a) “The Company” shall mean Oakmore Builders Limited.
(b) “The Client” shall mean the person or organisation for whom the Company agrees to carry out works &/or supply materials.
(c) The Operative or Builder shall mean the representative appointed by the Company.
The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Client those works shall be undertaken by the designated operative of Company at its absolute discretion.
HOURLY RATE WORK. The total charge to the Client shall consist of the cost of services commented and materials supplied by the Company (not exceeding the trade purchase price of materials + 25%) & the amount of time spent by the operative in carrying out works (including all reasonable time spent in obtaining unstocked materials) charged in accordance with the Company’s current hourly rates. The Client shall only be charged for the time spent related to the Client’s work, all other time, personal mobile calls etc. is non-chargeable. All charges are subject to VAT at the prevailing rate except in cases where the work carried out is zero rated.
FIXED PRICE WORK shall be given as a firm cost, (manifest errors exempted) including Labour & Materials, and shall be within 10% over and above the equivalent total hourly rate cost. All costs are plus VAT at the prevailing rate.
Where a written estimate has been supplied to the Client the total charge to the Client referred to in the estimate should not exceed the actual time taken by more than 20% but may be revised in the following circumstances:—
(a) if after submission of the estimate the Client instructs the Company (whether orally or in writing) to carry out additional works not referred to in the estimate.
(b) if after submission of the estimate there is an increase in the price of materials.
(c) if after submission of the estimate it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared.
(d) if after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.
(e) should a detailed Insurance Report be required in addition to the estimate and invoice then this will incur a nominal charge of £25.00.
The Company shall not be under any obligation to provide an estimate to the Client & shall only be bound (subject as hereinafter) by estimates given in writing to the Client & signed by a duly authorised representative of the Company. The Company shall not be bound by any estimates given orally or in which manifest errors occur.
Invoices are due for payment immediately upon delivery to the Client. Any part of that invoice which remains unpaid shall carry interest at the rate of 4% over the base rate until payment in full is received by the Company.
Where the date &/or time for works to be carried out is agreed by the Company with the Client, then the Company shall use its best endeavours to ensure that the operative shall attend on the date & at the time agreed. However, the Company accepts no liability in respect of the non attendance or late attendance on site of the operative/engineer or for the late or non delivery of materials.
The Client shall accept sole liability to discharge the Company’s account unless he/she discloses to the Company when initially instructing the Company to carry out work &/or supply materials that he/she is acting on behalf of a third party (including, but not limited to, a Limited Company or partnership) & receiving a written estimate) the name of the third party appears on the written estimate.
If the Client cancels their instructions prior to any work being carried out or materials supplied then the Client shall be liable for any related expenditure together with the profit that would have been made by the Company had the work been carried out &/or materials supplied in accordance with such instructions.
The Company provides a twelve (12) month guarantee on works carried out including additional works if any. This is active from the date of completion of work upon the signed-off satisfaction agreement, in addition to any manufacturer’s warranty/warranties.
The guarantee will become null and void if the work/appliance completed and/or supplied by the Company is:
(a) Subject to misuse or negligence;
(b) Repaired, modified or tampered with by anyone other than the Company. The Company will accept no liability for, or guarantee suitability, materials supplied by the Client and will accept no liability for any consequential damage or fault.
The Company will not guarantee any work in respect of:
(a) Blockages in waste or drainage systems;
(b) Any works undertaken on instruction from the Client and against the written or verbal advice of the Company.
Works are only guaranteed in respect of work directly undertaken by the Company and full payment having been made. Any related and/or non-related faults arising from recommended work which has not been undertaken by the Company will not be guaranteed.
The Company shall provide public liability insurance during the construction period for contract works against loss or damage to property and third-party liability for accidental bodily injury or property damage. The public liability insurance is covered up to GBP 2,000,000. The employer’s liability insurance is covered up to GBP 10,000,000.
The Company shall only be liable for rectifying their own guaranteed work, and shall not be held responsible for any ensuing damage or claims resulting from any third parties employed directly by the Client during the course of the project and/or after the completion of the project upon the signed-off satisfaction agreement.
These terms & conditions may not be released, discharges, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative of the Company & by the Client. Further, these terms & conditions shall prevail over any terms & conditions used by the Client or contained or set out or referred to in any documentation sent by the Client to the Company; by entering into a contact with the Company the Client agrees irrevocably to waive the application of any such terms & conditions.
The Company accepts no liability in respect of any discrepancies found in documentations supplied to the Company by the Client.
The Company shall not be liable for any delay, or for the consequences of any delay, in performing any of the obligations if such delay is due to any cause beyond the Company’s reasonable control, and the Company will be entitled to a reasonable extension of the time for performing such obligations.
Title to any goods, supplied by the Company to the Client shall not pass to the Client but shall be retained by the Company until payment in full for such goods has been made by the Client to the Company.
Until such time as title in the such goods has passed to the Client:
(a) the Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all any or part of such goods in which title remains vested in the Company,
(b) for the purpose specified in (a) above, the Company or any of its agents or authorised representatives shall be entitled at any time & without notice to enter any premises in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.
(c) the Company shall be entitled to seek a court injunction to prevent the Client from selling, transferred or otherwise disposing of such goods.
Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the Client, & until such time as title in such goods has passed to the Client, the Client shall insure such goods to their replacement value & the Client shall forthwith, upon request, provide the Company with a certificate or other evidence of such Insurance.
The Company shall only be liable for rectifying works completed by the Company & shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested & not undertaken at that time.
These terms & conditions & all contacts awarded between the Company & Client shall be governed & construed in accordance with English law & shall be subject to the exclusive jurisdiction of the English law.