Terms and Conditions of Business

In these conditions:

“Contractor” means Tier One Developments Ltd

“Client” means the person(s) named as such in the Estimate

“Contract” means the contract between the Contractor and the Client for the Works comprising the quotation, these Terms & Conditions and any other documents specified within the Estimate

“Contract Price” means the price payable by the Client to the Contractor for Works, as shown in the Estimate, (and as varied in accordance with the Contract)

“Estimate” means the Contractor’s Estimate referring to these Conditions

“Payment Terms” means the length of time the Client must pay the Contractor any invoices owed for completed Works

“Works” means the Works described in the Estimate (as mentioned in accordance with this Contract)

THE PARTIES

This agreement is made between the following: 

slide-upAcceptance of the Contractor’s Estimate by the Client constitutes the Contract for the Contractor to carry out the Works in accordance with these Terms and Conditions.

• The Contractor will exercise reasonable skill and care in the performance of the Works.
• The Client shall provide access to the premises as reasonably required by the Contractor to enable the Works to be carried out without interference by the Client or by other contractors of the Client.
• Unless otherwise stated in the Estimate, the Client shall provide to the Contractor reasonable use of their toilet facilities, electric and water (where necessary).
• Upon request, the Client shall provide to the Contractor, proof of funds available from the entirety of the project.
• The Client is responsible for ensuring that the site is clear and ready for the start of the Works. This includes creating an area for waste skips to be housed on-site for as long as they are required.
• The Client is responsible for obtaining any planning permission required for the Works. The Contractor may request to see proof that this has been agreed prior to the commencement of the Works.
• Unless otherwise agreed in writing, the Client shall be responsible for obtaining any required permits for their street where necessary.
• The Contractor shall be responsible for obtaining the required permits and licenses associated with the undertaking of the Works. The cost of obtaining these licenses and permits have been included in the Contractor’s Estimate unless otherwise stated.

These are the building services to be provided to the Client by the Contractor in accordance with the Estimate.

• The Contract Price is stated in the Estimate, and it may be varied in accordance with these Conditions.
• The Client shall pay the Contractor the Contract Price in accordance with the Payment Terms detailed in 5.3.
• Unless otherwise stated in writing, the Contractor shall submit an invoice to the Client on completion of Works in accordance with the Payment Schedule. 
• The final date for payment of each invoice shall be 3-days from the date of the invoice.
• Late payment entitles the Contractor to interest at the statutory rate of interest under the Late Payment of Commercial Debts Regulations from the due date until the date of actual payment or 8% p.a. above the Bank of England base rate if the Act does not apply.
• If the Client is dissatisfied with any part of a payment notice and wishes to pay less that the amount shown in the invoice, they must give notice to the Contractor within 24-hours of receiving the invoice in writing, the amount they consider payable and the basis on which that amount is calculated. The undisputed parts of the payment notice must be paid by the final date for payment and any disputed amount will be dealt with under Clause 10 (Disputes). Except as stated in this clause, the Client has no right to withhold any money or set off any amount against an invoice of the Contractor.
• If the client fails to pay any amount properly claimed, the Contractor may suspend all or any of their obligations under the Contract until the payment has been fully received after giving at least 7-days’ notice to the Client of their intention to suspend with reasons. Any period of suspension will entitle the Contractor to any reasonable costs they incur as well as an extension of time for completion of the Works.
• Prices are quoted exclusive of Value Added Tax (VAT) which will be added as appropriate and payable by the Client. The Contractor will issue a valid VAT invoice for each such amount.
• Upon acceptance of the Estimate, the Client agrees to pay to the contractor upon receipt of the invoice, an initial 10% of the contract value up to a maximum of £1,500 + VAT which is non-refundable to secure the agreed Works.
• 5.10.The Client agrees to pay 20% of the contract value upon receipt of the Works commencement invoice. Payment will be due no-more than 3-working days prior to commencement of the works.

• If the Client wishes to omit or vary any of the Works (or design or materials) they must inform the Contractor in writing. The Contractor will then supply to the Client an estimate of the cost of the variation and the likely effect on the Contract period and Completion Date.
• Unless the Client withdraws their request for a variation when they receive the Contractor’s estimate, the Contract Price will be adjusted in accordance with the Contractor’s Estimate (or as otherwise agreed between the Client and the Contractor) and an appropriate extension of time for completion of the Works shall be agreed.
• If a variation is agreed verbally, either the Contractor or the Client must confirm it in writing within 24 working hours.
• The Contractor will notify the Client if he encounters any difficulties which he could not have reasonably foreseen when submitting the Estimate and, in those circumstances, a fair and reasonable adjustment to the Contract Price and Completion Date will be made.
• The Contractor reserves the right not to comply with any request for a variation which would increase the value of the Works by more than 25% of the original Contract Price.

• The Contractor shall take out and maintain insurances (except as otherwise agreed or stated in the Estimate).
  1. 7.1.1.Public Liability Insurance
  2. 7.1.2.Employers Liability Insurance
• The Contractor will provide the Client with details of the insurances upon request.
• Where the Works are to be carried out in an existing building, the Client will be responsible for insurance of the Works with the Contractor named as co-insured and the Client will provide details of the insurance to the Contractor upon request.

Title of the goods shall not pass to the Client until the Contractor has received payment in full for:

• The Goods;

 and

• Any Goods that the Contractor has supplied to the Client in respect of which payment has become due.

The Client shall indemnify the Contractor against all claims, costs and expenses which the Contractor may incur and which arise, directly or indirectly, from the Client’s breach of any of its obligations under this Agreement.

• 10.1.The parties will endeavour to settle any dispute or difference amicably by direct negotiation.
• 10.2.If they are unable to settle the dispute, it may be referred by either party to adjudication in accordance with the CEDR (Centre for Effective Dispute Resolution) Adjudication Rules. The decision of the adjudicator will be final and binding on the parties unless a notice of dissatisfaction is served by either party on the other within 28-days of the decision.
• 10.3.Any dispute that is not resolved by negotiation or adjudication will be finally settled by the courts of England and Wales.

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 Ats of God, strikes, accidents, war, fire, the act of omission from Government, highway authorities or any telecommunications carrier, operator or administrator or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

The Contractor and the Client are independent of each other, and neither has the authority to bind the other to any third party or act in a way as the representative of the other, unless otherwise expressly agreed in writing by both parties. The Contractor may, in addition to its own employees, engage sub-contractors to provide all or part of the Works being provided to the Client and such engagement shall not relieve the Contractor of its obligations under the Contract or any other applicable documentation.

The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Contract without the prior written consent of the Contractor.

Either party may terminate this Contract by notice in writing to the other if:

• The other party commits a material breach of this Contract and, in the case of a breach capable of being remedied, fails to remedy it within 30 calendar days of being given written notice from the other party to do so;
• The other party commits a material breach of this Contract which cannot be remedied;
• The other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court or competent jurisdiction makes an order to that effect;
• The Contractor ceases to carry on its business or substantially the whole of its business;

OR

• The other party is declared insolvent, or convenes a meeting of or makes or proses to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

This Contract contains the entire Contract between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Contract, this Contract may be varied only by document signed by both parties.

This Contract shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English Courts.

Tier One Developments Ltd | KC6 Knowledge Centre Wyboston Lakes, Wyboston, Beds, MK44 3BY

Tel: 01480 272600 | Email: joe@tierone.co.uk

Registered in England and Wales – Registration Number: 05840240