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Our Terms of Business

 

Please find below an example of our contract terms of business that we would tailore specifically to your needs when you appoint Essex Rooms to carry out your project:

Date:..

Builder: Essex Rooms Ltd Registered Office 7 Wicklow Walk Southend-On-Sea SS3 9LZ

Client:..

Address:..

1 We will carry out the work set out in the attached documents (the work) for the price set out below. The work does not include a design obligation by us.

2 The work will start on or shortly after...      (the start date). 

The work will take approximately ... weeks to complete (the work period).

(NB. The work period is an estimate only and may be affected by any change to the work or unexpected work being needed or materials or fixtures or fittings being delivered.)

The site of the work (the site) will be:...

3. Total Price £...

4 If you accept this quotation and contract, you and we will have various legal obligations to each other. This quotation and contract is made up of the cover page, special meanings of words, interpretation, the contract conditions and Schedule A (the documents). This quotation and contract is only for the benefit of you and us, and no one else.

To accept this contract, you must sign the following section:

Our signature (ESSEX ROOMS LTD): ……………………………………………….  Position: ………………………………..

I accept this quotation and contract, and agree to keep to its terms.

Your signature (first client) ………………………….…………….   Your signature (second client) …………………………….…………

(You should be (or include) the property owner. If the property is jointly owned, you should all sign this contract.)

Date Agreed: ……………………………… 

Fill in this quotation and contract twice. We and you must both sign the two quotations and contracts. We will keep one and you will keep the other. 

Certain words used in this contract have particular meanings, as follows: 

Changes (or changing)

Refers to changes to the work. This includes anything added or left out

Completion date

The date on which the work will be substantially completed so that the site Is ready to be handed back to you ready for use, even if there are some minor defects (faults).

Documents

The documents setting out the work and attached to this contract.

Final bill

The final price, including any changes to the price subsequently agreed. We will add VAT to this new figure.

Interest rate

3% a year above the Bank of England base rate. This is calculated from the date the amount was due, until the date of payment, daily and at the interest rate in force on each day.

Interim bill

A written interim bill as agreed at the outset.

Value Added Tax or VAT

At the rate in force at the date of each of our bills.

We, us, our

ESSEX ROOMS LTD (see the contract first page).

Work

The work we will carry out, set out in the documents. The work does not include a design obligation by us.

You, your

The client (see the contract first page).

Interpretation

In this contract references to an act of parliament or part of an act of parliament include any changes which are made to it.  If any term condition paragraph or sub-paragraph is invalid it does not make any other term, condition paragraph and sub-paragraph invalid.  If there is more than one of us or you, this contract applies to all of those people together and to each of them on their own.  This contract is governed by the law of England and Wales.

1. Our main obligation - to do the work 

We will carry out the work with reasonable care and skill and to a reasonable standard by the end of the work period (as extended under condition 19, if it applies). However, this term does not mean that if we do not complete on time, you can refuse to pay us. We will keep to all building regulations and legal requirements, which we would need to keep to in the course of carrying out the work, but only if you have told us in writing about these requirements.  At the end of the contract, subject to full payment of all monies due, we give you any guarantees, test certificates and so on which apply to the work. You should keep these in a safe place for use in the future.

2.  Your main obligation - to pay us

You will pay us the price.  We will issue interim bills as set out in Schedule 1. You must pay us within 5 days of receiving an interim bill.  If an interim bill is not paid when due we may delay continuing with the work until it is paid and the work period will be extended accordingly.  When we have finished the work, we will send you the final bill. You must pay us the price within 14 days of receiving the final bill.  We will give you credit, in the final bill, for all interim bills you have paid.

3 Access

You must allow us enough access to the site and keep the site clear of all obstructions so we can carry out the work.

4 Interest

You must pay us interest, at the interest rate, on any amounts overdue.

5 Starting the work, length of the work and the site

We will start the work on the start date. You must make the site available to us on the start date and for the time it takes us to carry out the work

6 Withholding payment

If a dispute arises, you can only withhold payment after the due date for any payment owed to us if you give us notice before the final date for that payment, saying that you are going to withhold payment and setting out the amount you will withhold and the reason for withholding payment. If there is more than one reason, you must give each reason and the amount which applies to it. You must confirm any notice given over the phone or face-to-face in writing as soon as possible before or after the due date.

7 Consents

Unless we agree otherwise in writing, you must get all forms of consents you need before we start the work and keep any conditions relating to the work (including paying all the relevant fees).  If you break this condition 7 you must pay us any losses and damages we suffer.  When the work is completed, whoever is responsible for getting building regulations approval or planting permission is also responsible for getting formal written confirmation that the work meets those regulations or permissions.

8 Materials or goods

8.1 Any materials or goods we supply will be new, unless you agree otherwise in writing, of satisfactory quality, of the description you give for their type, as far as possible, of the appropriate British standard and codes of practice in force at the date of placing the order and fit for their normal purposes.

8.2 We will get any materials or goods you ask us to, as long as they are available, within a reasonable period.

8.3 We will not be liable for the satisfactory quality of any materials or goods you provide or the satisfactory quality or whether they are fit for purpose (or both) of any materials or goods if condition 20.2 applies.

8.4 If, instead of any normal purposes, you have told us about a special purpose for any materials or goods you should confirm this in writing within 14 days.

9 Who owns materials or goods

You will not own any materials or goods delivered to the site until you have paid us.

10 Responsibility for the documents

10.1 You are responsible for the details shown in the documents meeting all legal requirements (including planning and building regulations); and being fit for the intended purposes, unless condition 10.4 applies.

10.2 You must pay all relevant fees under this condition 10.

10.3 We are not responsible for the details shown in the documents being fit for the intended purposes, if we did not prepare those documents. Our obligation is simply to build to the details shown in those documents.

10.4 We will be responsible for the details of any documents we produce being fit for the intended purposes.

11 Responsibility for loss and damage and insurance

11.1 We will be responsible for Insuring against any loss of and damage to the work until practical completion or you end our employment, whichever happens first.  In the event of accidental damage to the site caused by us, we will make good any damage to the structure but we will not be responsible for redecoration of the room or area damaged and we reserve the right to claim indemnity from our insurers and to comply with the timescales imposed by our insurers or by their loss-adjusters with regard to any inspection of the damage.

11.2 You are responsible for any loss of and damage to any existing structures and contents, unless it falls within our obligations in condition 11.1.  You must take out and keep an adequate insurance policy for your liability under condition 11.2. We will be entitled to see this policy.

11.3 You are responsible for your own safety and for that of any children on the site and anyone who is not an employee or contractor of Essex Rooms Ltd. In particular

11.3.1 We may leave our tools at the site, including any which could present a danger to the inexperienced and unwary, and you must not touch these or allow them to be touched, and

11.3.2 parts of the site may sometimes be left temporarily in an unsafe condition and you agree not to go into those areas without our guidance and supervision or allow anyone else to do so.

12 Supplying services

You agree to provide for us toilet and washing facilities, water, electricity and storage space.

13 Limits on how or when the site can be used

You are not putting any limits on how or when the site can be used.  We must hold keys to the site except for any periods of more than a week when work is not being carried on there by us or our sub-contractors.

14 Changing the work

14.1 lf you want to change the work, you must confirm this in writing within 14 days of telling us.  We will then adjust the price and confirm the change to you in writing within 7 days thereafter. We will carry out any change instructed by an appropriate local authority or public utility officer but only after giving you notice. 

14.2 If unexpected work arises, we will tell you and ask how you want us to go ahead, 

15 Our employees or subcontractors or tradesman

You may not use or instruct our employees or subcontractors or tradesmen. If you do, you will have to pay us as if we had carried the work out

16 Delay or disruption

If the work is delayed or lasts longer than expected, for any reason (other than our fault), we will adjust the price accordingly, as shown in condition 14. If it is your fault, we will be entitled to claim for any losses and expenses caused.

17 Your right to end this contract

Without affecting your other legal rights and remedies, you can end this contract if  we become bankrupt, go into liquidation or are wound up.  However, we can still use all our legal rights and remedies.

18 Our right to suspend or end this contract

Without affecting our legal rights and remedies, we can end all or suspend all or part of the contract in one (or more) of the following circumstances.

18.1 If you fail to pay any interim bill and still fail to pay for seven days after receiving a written notice we send demanding payment;

18.2 If you, or anyone you employ or your agent, interfere with or obstruct the work or fail to make the site available for us (without good reason) for the contract period (or any one or more of these);

18.3 If you become bankrupt or go into liquidation or make a composition or arrangement with your creditors (or any one or more of these);

18.4 II you cause, or attempt to cause, the withdrawal or cancellation of any grant payment or insurance money

18.5 If the work is delayed due to your fault for more than 14 days in a row.

After we use our right to suspend part of this contract we can still end it if you are still at fault (as shown in conditions 18.1 to 18.5).  We will be entitled to all relevant payments under condition 2 and any reasonable costs and any reasonable losses we suffer (including loss of profit) involved in or resulting from ending all or suspending all or part of the contract. However, you can still use all your legal rights and remedies 

19 Extending the contract period

You will extend the contract period by a reasonable period to take into account any one (or more) of the following:

19.1 Your delayed instructions or lack of instructions in relation to either the work or changes to the work of your choice of materials;

19.2 If we suspend this contract (see condition 18).

19.3 If the work is obstructed by any matter we do not control.

19.4 If weather conditions, civil commotion, wars, riots or lock-outs cause delay or prevent us continuing the work.

20 Liability for defects

We will not be responsible for any defects (a) which are due to the condition of the site or relevant property before we began work or (b) which are caused by you or any other person or by an event which happens after the completion of the work. 

20.1 If we consider that the condition of the site or any property next to it or the access to it may affect the work and we tell you this, we will have carried out our duty by giving you that warning. If you still insist that we carry out the work with the site or relevant property in this condition, you should confirm this in writing and it will be at your risk.

20.2 If the condition of the site or any property next to it or the access to it will affect the work and this condition is not evident before the work starts and you instruct us to continue when that condition becomes known we will not be responsible for any defect resulting from that condition.

20.3 Even with the use of good materials and proper skill, minor surface cracking of plaster or slight movement of any wood used in the construction is not uncommon and, if it occurs, could require some redecoration in the course of time and we will not be responsible for the making good of such matters unless we agree otherwise in writing.

21 Completion

The issue of a Building Regulations Certificate of Completion shall be sufficient evidence that the work has been completed and the final payment shall then fall due.

22 Non-payment

If payments due under this agreement are not paid on time and we take legal proceedings to recover them, you agree to pay us  the interest due under this agreement until such time as full payment is made, both up to and after judgment, and  our reasonable legal costs even if the matter is allocated to the small claims procedure and in the absence of agreement as to the amount of those fees, you agree that our legal costs should  be assessed by the court on the standard basis and be recoverable as a judgment debt.

23 Agreement

You and we agree the terms of this contract. Signing this contract will mean that you and we have various legal obligations to each other.

This contract is only for the benefit of you and us, and no one else.

Our signature...

Your signature... (first client)

Your signature... (second client)

(You should be (or include) the property owner. If the property is jointly owned, you should all sign this contract.)

NOTICE OF THE RIGHT TO CANCEL

Date:

Work to be done:

Address of work:

You have the right to cancel the contract if you wish and this right can be exercised by delivering by hand, posting, faxing, or sending by electronic mail a cancellation notice to the person named below at any time within 7 working days after the day on which the contract is concluded.

Registered Office:
Essex Rooms Ltd
7 Wicklow Walk
Southend on Sea
SS3 9LZ

Accordingly, we will not start work under the contract until after the cancellation period has expired, unless you tell us to “start work now”. If you tell us to “start work now” you still have a right to cancel the contract within the 7 working days period, but we will charge you for any work which we do before we receive your cancellation notice.

Notice of cancellation is deemed to be served as soon as it is sent to us or the date on which it is sent to us electronically.  If applicable any credit agreement relating to this contract will automatically be cancelled on cancellation of the contract.

Your wish to cancel the contract must be in writing and you may wish to use the enclosed cancellation form but you can send us a cancellation in any other form as long as your intention to cancel is plain from it.

The right to cancel only applies if:

the client is a ‘natural person’ (i.e. not a limited company), and

not acting for business purposes, and

we have (a) not met with you, or (b) met with you at your home or your place of work or someone else’s home (whether invited or not).

START WORK NOW FORM

Client Name

Address

Date

By post/e-mail/hand to

(Delete what does not apply)

Registered Office: 
Essex Rooms Ltd 
7 Wicklow Walk
Southend On Sea
SS3 9LZ

Re: building work at:

I/we confirm that:

1. I/we do not want to exercise my/our right to cancel this contract, without charge, within seven days of signing the contract.

2. I/we want you to start work now.

3. I/we understand that this means that I/we will be liable to pay you for any work after this instruction to you to ’Start Work Now’.

Yours sincerely

Client 1

Client 2

Schedule 1

Building Contract  Scope of Works

In respect of:...

Scope of Works – First fix only and externally finished

Construction of ...

Includes: – 

All building waste disposed of

First and Second fix

Velux windows (GHL top hung and fully revolving) 

Rubber or fibre glass roof

All roofing in relation loft conversion

Dormer 

UPVC windows

Building regulations compliant staircase

Completion of loft conversion up until first fix only; meeting all building regulations and passed by local building control

All labour and materials for total completion of first fix of loft conversion

10-year guarantee on all work carried out by Essex Rooms Ltd

Not included: - 

STAGE PAYMENTS

1 Delivery of materials and work commencement

2 Installation of floor joists

3 Timber dormer structure

4 Installation of Velux windows

5 Front slope re-pitched

6 Installation of UPVC windows**

7 Contract fulfilled