Terms and Conditions
Turnkey Construction Services Ltd - TRADING TERMS AND CONDITIONS
1. DEFINITIONS AND INTERPRETATIONS
a. "The Supplier" is referred to as Turnkey Construction Services Limited.
b. "The Customer" shall mean any person, partnership, unincorporated business or incorporated company to whom the supplier agrees to sell goods or services.
c. "Goods" shall mean the Goods which the supplier is to supply in accordance with these conditions.
d. Any reference in these conditions to any provision of a statute shall be constructed as a reference to that provision amended, re-enacted or extended at the relevant time.
e. The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. FORMATION OF CONTRACT
a. All orders and contracts shall be in writing. A quotation does not constitute “A Contract” and a quotation does not form a binding contract. The Supplier is not willing to contract otherwise than on these conditions which shall be deemed to be incorporated into any order accepted by the supplier whether or not it is based upon, or results from, any advertisement, quotation or catalogue to the exclusion of any terms of the Customer in so far as the same are inconsistent herewith. No modifications of these conditions shall be effective unless the same is in writing and signed by an authorised signatory of the Supplier.
b. Any quotation shall be regarded as an invitation to treat and no contracted order arising out of the quotation shall be accepted save by the acknowledgement in writing signed by an authorised signatory on behalf of the Supplier.
c. Unless made by the Supplier in writing the Supplier's employees or agents are not authorised to make any representations. In placing an order the Customer acknowledges that it does not rely on, and waives any claim for breach of any representation other than those made in writing by the Supplier
d. Any advice or recommendation given by the Supplier, or its employees or agents, to the Customer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by the Supplier, is followed or acted upon entirely at the Customer's own risk and accordingly the Supplier shall not be liable for any such advice or recommendation which is not so confirmed.
3. PRICE
a. Unless otherwise stated in the final contract and not a quotation or acceptance by the Supplier, all prices quoted are in Pounds Sterling on an ex-works basis and are exclusive of any applicable Value Added Tax and building control fees for which the Customer shall be additionally liable and where the supplier agrees to deliver the goods the Customer shall be liable to pay the Supplier's charges for transport packing and insurance.
b. The rates and prices given in the quotation are not subject to any discount, whether trade or cash, except such as may be expressly specified in the quotation.
4. DELIVERY
Where it has been agreed that the goods will be delivered to the customer:
I. Nothing herein shall preclude the Supplier from arranging for the delivery of the Goods to the Customer in advance of the indicated delivery date.
II. Delivery shall be to the destination specified by the Customer in the order. The Supplier shall not he bound to deliver to any other destination, but in the event of any agreement to deliver to any alternative destination, the Customer will he charged for any increased costs thereby incurred in addition to the contract price and must be instructed and signed in writing by both parties to receive and acknowledge the same.
III. Delivery dates (where given) are quoted in good faith by the Supplier and are based upon the date of receipt of the order. Delivery shall have been deemed to have taken place when the Goods are in the specified location ready for delivery to the Customer and it shall be the responsibility of the Customer to ensure access and adequate safety for the Suppliers vehicles.
IV. Goods shall be examined immediately upon arrival and any apparent damage or shortages shall be reported in writing or by facsimile to the Supplier and to the carriers so that such notification is received not later than 48 hours after delivery. The Customer shall indemnify the Supplier against any loss suffered because of its inability to claim against the carriers as a result of a breach of this provision by the Customer. Damaged goods must be left in the state in which they were delivered until a representative of the haulier of supplier has inspected the damage. Excessive handling of the goods prior to inspection may invalidate any claim.
V. Delivery shall be deemed to have taken place when the Customer takes possession of the Goods.
VI. Whilst the Supplier will make every possible effort to meet delivery dates it will not in any circumstances be liable for any failure to do so, nor for any consequential loss of any kind arising from late delivery. The Supplier waives any right should a delay in delivery occur and will endeavour where possible to give at least 24 hours’ notice
5.FORCE MAJEURE
In the event that the Supplier shall he delayed in, or prevented from, carrying out any of its obligations under a Contract for the sale of goods as a result of any cause beyond its control including (but not by way of limitation of) war, invasion, hostilities and civil war strife or commotion, strikes, lockouts, breakdown of plant, failure of third party to deliver Goods or materials. Storm, floods, fire or any other cause, the Supplier shall be at liberty at its election to suspend the Contract in which case it shall be relieved of all obligations and liabilities incurred under such Contract insofar as and for so long as the fulfilment of such obligations and liabilities is thereby presented, frustrated or impeded, or to cancel the Contract without incurring any further liability whatsoever.
6. TERMS OF PAYMENT.
a. Unless otherwise stated, payment for all goods supplied shall be paid as follows:
-60% to be paid on Order Placement,
30% to be paid 14 days prior to delivery and instalment of service,
5% to be paid on arrival at site and on commencement of works,
5% to be paid on final day of completion of works and upon the customer's final check.
In addition to the above please note that building control fees are additional (See 7. Below)
b. If the Customer is in default of these conditions the Customer shall in addition pay interest upon the balance outstanding calculated on a daily basis at 5% above the HSBC Bank Lending Rate from time to time in force from the date of default until the date that payment is received. A minimum charge for late payment will be £25.00 per calendar month
c. All extra charges for late payment shall be paid when invoiced by the Supplier.
d. In the event of the Customer failing to comply with the provisions for payment contained in the preceding sub-clauses, or in the event of any dispute or delay in payment or retention made by the Customer, this shall he regarded as a breach of condition and the Supplier shall be entitled to treat such failure as a repudiation of the Contract and of all Contracts between the Supplier and the Customer, and without prejudice to all other rights of the Supplier to claim damages or any other relief, the Supplier may without notice suspend all further deliveries to the Customer in relation to the Contract concerned or any other Contract without liability to the Customer for any loss or damage whatsoever arising.
7. BUILDING CONTROL / BUILDING CONTROL FEES
Most house extensions require Building Control approval and we will advise you regarding the appropriate fee charges levied by the Local Authority. You will be responsible for paying for the Building Control Fees and no submission will be made by us.
8. WARRANTIES
a. The Supplier does not give any warranty as to fitness for any purpose whether or not such purpose shall have been made known to the Supplier other than such warranties given and described in the Warranty document supplied with each contract.
b. The above Warranty is given by the Supplier subject to the following conditions: That the Supplier shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal use or application failure to follow the Supplier's instructions (whether oral or in writing), misuse or alteration of Goods. The Supplier shall he under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the goods has not been paid by the due date for payment.
c. Any claim by the Customer which is based on any defect in the condition of the Goods, or in the quality of the Goods, or of their failure to correspond with specifications, shall (whether or not delivery is refused by the Customer) be notified to the Supplier in writing specifying the defect or failure alleged within fourteen (14) days from the date of delivery or supply, failing which the Customer shall not be entitled to reject the goods and the Supplier shall have no liability for such defect or failure and the Customer shall be bound to pay the price if the goods have been delivered or supplied in accordance with the Contract.
d. Where any valid Claim in respect of any of the Goods, which is based on any defect in the quality or condition of the Goods or their failure to meet specification, is notified to the Supplier in accordance with these conditions, the Supplier shall be entitled to replace the Goods (or the part in question) or perform any work of rectification free of charge, or at the Supplier's sole discretion, refund to the Customer the price of the Goods. The Supplier shall have no further liability to the Customer.
e. Except in respect of death or personal injury caused by the Supplier's negligence the Supplier shall not be liable to the Customer by reason of any representation or any implied warranty condition or other term or any duty of Common Law or under the expressed term of the Contract for any consequence or loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for consequential compensation whatsoever, (whether caused by the negligence of the Supplier its employees or agents or otherwise) which arise out of or in connection with the provision of the Goods or Services, or in the use or resale of the Goods by the Customer except as expressly provided in these Conditions.
9. NATURAL BOUNDARIES
We prepare the plans based upon dimensions taken on site at survey. Where there are no obvious boundaries or they are hidden from view by debris, snow or existing buildings, we will agree the dimensions with you. Where fences and walls exist between properties we accept these `natural boundaries` as being correct. If you have any doubt regarding the ownership of any land we would advise you to speak to your neighbour and obtain a letter giving their consent to the proposals or contact your solicitor or building society for clarification.
10, FEES NOT INCLUSIVE
Our fees are exclusive of all Local Authority charges (i.e. planning and building control charges), ordnance survey charges and the cost of consultant Engineers charges for preparation of structural calculations, which may be required by Building Control.