Terms & Conditions
These are the Terms & Conditions on which we undertake any works identified in our Quotation which you have contracted us to carry out by placing a purchase order to which these Terms & Conditions are attached and by signing the same.
1. DEFINITIONS in this Agreement, unless the context requires otherwise :-
1.1 “You/Your” means the customer be that an individual, Company or Group
1.2 “Conditions” means the Terms and Conditions as set out in this document and any special terms and condition agreed in writing by the Provider.
1.3 “Quotation” means the estimate for Work attached to these Terms and Conditions.
1.4 “Purchase Order” means the instructions to complete the Work in accordance with the Quotation and acceptance of these Terms and Conditions.
1.5 “Price” means the price contained in the Estimate and the customer pays or agrees to pay the price.
1.6 “We/Us/Our” means the Provider, who is Cladding Coatings Limited of unit 2a, Gatehead Business Park, Delph New Road, Delph, Oldham, OL3 5DE
1.7 “Report” means the report supplied by the Provider to the Customer.
1.8 “Work” means the works or treatments we provide to you as set out in the Report and Quotation attached to these Terms and Conditions that could include some provision of materials and/or goods needed to complete those works.
1.9 “Writing” includes emails. When the words “writing” or “written” are used in these Terms and Conditions this includes emails.
1.10 “Reasonable Time” means 30 days prior to the commencement of Work.
1.11 “Current Day Work Rates” means £300.00 per man per day with a minimum of 2 men plus access hire, materials and travel costs or at the rates applicable in the trade or as agreed between You and Us.
1.12 “Costs Incurred in the Planning Process” means the costs associated with planning and allocation of workforce to carry out the entirety of the Work under the Quotation including the actual cost of the Works and calculated at the Current Day Work Rates.
2. APPLICABILITY OF THE CONDITIONS
2.1 We will undertake the Work contained in the Quotation and you will pay for the work in accordance with these Conditions.
2.2 These conditions shall apply to all Quotations given by Us to You to the exclusion of all other terms and conditions including any terms and conditions which you may purport to apply under any other document.
2.3 Any variation to these Conditions (including any special Terms and Conditions agreed between the parties) shall be inapplicable unless agreed in writing by both Us and You.
2.4 To reflect changes in relevant laws and regulatory requirements we may make minor changes to the Works.
3. PRICE AND PAYMENT
3.1 The Price shall be the price stated as price on our Quotation. The Price is exclusive of VAT which shall be due at the rate in force on the date of our invoice.
3.2 The Price plus VAT shall be paid by you to us in accordance with our payment terms, these being for new customers in 3 stages – Stage 1 payment of 30% of the Purchase Order total in advance of commencement of Work; Stage 2 – payment of 40% of the Purchase Order total on completion of the Works detailed in the said Purchase Order; Stage 3 – payment of the remaining 30% 30 days from completion. If completion of Works exceeds the period of one calendar month then further staged payments will be included to accommodate monthly valuations and payments will be staged according to such valuations with the balance being paid 30 days from completion.
3.3 In default of payment in accordance with 3.2 or otherwise as agreed prior to the Purchase Order being submitted, Interest will be charged on the balance outstanding and will be subjected the Late Payment of Commercial Debts (Interest) Act 1998 and such Regulations in force at the time with the rate of interest being 8% plus the Base Rate of the Bank of England together with compensation under the aforementioned Act as we are entitled to and costs incurred in securing payment.
3.4 If you fail to pay the Price on the due date without a justified reason, then we shall be entitled to cancel or suspend any further Work.
3.5 All additional work to be agreed in writing prior to completion.
3.6 If You should withdraw instructions within 30 days of the Purchase Order but prior to commencement of Work, You will be liable in full for all materials and any Costs Incurred in the Planning Process. If You should withdraw instructions within 30 days of commencement of Work You will be liable in full for all materials all Work undertaken to the point of withdrawal of instruction and any Costs incurred in the Planning Process or if You withdraw instructions after 30 days from commencement of the Work You will be liable for the total Price of the Purchase Order whichever is the greater sum.
3.7 If we are unable to accept your Purchase Order we will inform you of this and will not charge for the services. This might be because of unexpected limits or high or unusual demands on our resources which we could not reasonably plan for, or because we have identified an error in the Price or description of the services.
4. ACCEPTANCE OF QUOTATION
4.1 Once you have accepted our Quotation in writing and/or provided a Purchase Order a Contract will come into existence. That Contract will incorporate these Terms and Conditions.
4.2 If you wish to make a change to the work and such changes are agreed by us then provided these changes are confirmed in writing (including the Price and the timing of such changes) these will be treated as a variation to the Contract between us.
4.3 We may change Works to implement minor technical adjustments and improvements. If we do this then we shall notify you of the changes and any impact on the Work, timing and supply or anything else but we shall not notify you if we are only substituting materials or equipment of similar quality and performance to those specified in the Quotation or any other document issued to you.
4.4 The Quotation will only be open to acceptance by you for a period of 12 weeks from the date of the Quotation. After this period we reserve the right to withdraw or amend the Quotation when you have not accepted within the time limits.
5. OUR RIGHTS TO END THE CONTRACT
5.1 We may end the Contract for Works at any time by writing to you if :-
(a) You do not make any payment to us when it is due and you still do not make the payment within 7 days of us confirming your failure to make payment as required.
(b) You do not, within a reasonable time of us asking, provide information we require or carry out the actions that are necessary for us to provide the Works ; or
(c) You do not, within a reasonable time, allow us access to your premises including but not limited to co-operating with and arranging the movement of vehicles if so required;
(d) You fail to arrange for any trees requiring to be cut back to allow us access to be undertaken unless included in our Quotation;
(e) You fail to remove any signage and thereafter refitting the same to facilitate the works included in our Quotation;
(f) You fail to arrange access to neighbouring properties prior to commencement of the works.
5.2 If we end the Contract in the situation set out in section 5.1 above we will refund any money You have paid in advance for the Works we have not provided but we may deduct or charge You reasonable compensation for Costs incurred in the Planning Process.
6. CUSTOMER DELAY IN WORK
6.1 We are not responsible for delays outside our control. In the event of such delays we will use our best endeavours to advise of the same in advance and to take reasonable steps to minimise the effect of the delay.
6.2 If You have asked us to carry out the Works in accordance with the Quotation at your Property and You/Your Tenant/Your Agent do not allow us access to the Property as arranged with You we may charge additional costs at the Current Day Work Rates. If we are unable to contact You or re-arrange access to Your property we may end the Contract and You will be liable to pay the balance of the total Purchase Order.
6.3 You will afford to us all necessary facilities during the Work, including but not limited to the safe access to the property, a safe storage space for materials and the supply of water and electricity, use of the customers welfare facilities including toilets for the duration of the contract unless otherwise stated
6.4 You will remain liable to us for any delay in the commencement of the Work where the Works are unable to commence due to some act or omission or neglect by you.
7.1 The Quotation is based upon visible evidence at the time of inspection. We reserve the right to amend or alter the Quotation where further damage is revealed following the commencement of the Work.
7.2 We will not accept responsibility for any omissions resulting from inspections limited to parts of the property that were locked, obscured from view or otherwise inaccessible. Our investigation and Quotation are limited to those areas of the property that we might reasonably be expected to have accessed at the time of the inspection, bearing in mind the safety, state of occupation and location of the property.
7.3 When installing warranty systems, the Quotation will include for replacement of panels, fixings and other repairs deemed beyond coating and/or refurbishment. Cladding Coatings Limited will use their best endeavours to indicate wherever possible the requirements necessary to achieve the desired result and either offer to provide for them in the Quotation or refer you to a local contractor.
8.1 We will take reasonable care when treating/spraying/repairing or refurbishing your property depending on the work detailed in the Quotation to prevent any damage to surrounding buildings/structures or parts of the property not being treated.
8.2 However, you have been advised that there is an element of risk of damage being caused by application of coatings and that we cannot accept any liability for this when events outside our control take place during the treatment.
8.3 We will prior to commencement of the Work mask up surfaces requiring protection. Although we will use reasonable care, we do not accept any liability for damage or loss of any kind whether to the property being treated or of any removable personal items at the property at the time of our Works as these should all be removed prior to the commencement of such Works.
8.4 Where services (telephone, alarm, IT) wires, cables and connections pass through or are fixed to the treatment areas it will be Your responsibility to arrange for the relevant companies to remove such wires, cables or connections before Works and re-fix these following the Works. If Works are delayed due to the systems not having been removed we reserve the right to charge for any costs incurred due to the delay at the Current Day Works Rate.
8.5 We will take reasonable care to prevent leaks either subsequent to or during the work detailed in the Quotation but put you on notice that these may arise and we will use reasonable care so as to prevent any damage to surrounding buildings/structures or parts of the property not being treated. Liability for the works necessary to repair the same is dependent on the cause of such leaks.
8.6 Colours for the treatments are chosen and agreed at the point of the Purchase Order. We accept no liability for any variations in the colours, finishes or texture from the colour chart to the application once coated. Colour references may vary across different coating systems and manufacturers depending on the texture, elevation, profile of the Property and exposure to sunlight and You should allow for such variations.
8.7 During the treatment as specified in the Quotation and subsequent Purchase Order, we expect access equipment to be stored securely at the property and confirmation that you will indemnify any losses as a result of any breaches of this condition.
9.1 The Goods shall be at your risk from delivery/receipt to your property. You are responsible for the Goods once delivered and you should ensure your insurance covers you for loss or damage.
9.2 Despite delivery having been made property, ownership of the Goods shall not pass from us until you have paid the Price in full and any other sums that are due from you to us.
9.3 Until ownership of the Goods passes to you in accordance with section 9.2 then you shall hold the Goods and each of them on a fiduciary basis as bailee for us. You shall store the Goods (at no cost to us) separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.
9.4 We shall be entitled to recover the full cost incurred notwithstanding that the property in any of the Goods has not passed from us.
9.5 Until such time as property in the Goods passes from us, you shall, upon request, delivery up to us such of the Goods that have not ceased to be in existence or resold. If you fail to do so we shall be entitled to recover from you the value of such Goods and all outstanding fees and costs incurred in trying to recover the same.
10. REMEDIES AVAILABLE TO YOU
10.1 If you have any questions or complaints about the services you can contact us by telephoning, writing to us or email email@example.com such contact must be made promptly so that we have an opportunity to fix the problem. If you fail to give us this opportunity or use another company to remedy the problem then any additional charges or losses you have suffered will not be recoverable from us.
10.2 We shall only be liable to you for proven, reasonably foreseeable losses to you arising out of a breach of the Contract/Terms and Conditions by us.
10.3 Liability will only be attached to us in connection with fault arising to the work area.
10.4 We accept no liability for damage caused to landscape and flags and whilst we will do our upmost to prevent damage by the use of ground guard protection systems, we will not accept liability for any damages howsoever caused or be held responsible for any repair costs incurred. You should consult with us regarding any concerns in regard to damage of this nature before commencement of the Work. Contingency funds should be put aside by You to cover such damage and these are not included in the Quotation.
10.5 In the event of you making a formal complaint to us following completion of the Work in accordance with section 10.1 above then only one round of remedial/snagging works will be undertaken, thereafter all subsequent visits will be chargeable.
10.6 Following investigations into any complaints at 10.5 above, and any said defects found to be our responsibility we will use every effort to repair or fix the said defect without significant inconvenience to you, as soon as we reasonably can and, in any event, within 30 days between the months April to October.
10.7 If you have not contacted us with any complaint regarding the Work carried out within 3 months of completion we will be entitled to assume that the Works were performed satisfactorily and you will not be able to recover any losses sustained as a consequence of any alleged defect.
10.8 In the event that a leak occurs on a roof which has been previously coated and guaranteed by Cladding Coatings Ltd the terms of the warranty provided on payment should be consulted in the first instance to establish the extent of liability. For avoidance of doubt we do not assume responsibility for the leak or any subsequent rectification but will carry out an inspection at no cost to you, save where access equipment is required.
10.9 If any claim is made under any Guarantee issued by us to you then such Guarantee is subject to these Terms and Conditions and any claim made under the Guarantee requires production of the original Guarantee issued. Copies of any kind will not be acceptable to evidence the Guarantee or to take action under same.
10.10 In the event of a dispute arising and an Agreement not being reached, we reserve the right to refer the matter to the manufacturers independent surveyor with a view to entering further discussions.
11.3 You should indemnify us in respect of all damage or injury occurring to any person, company or property against all actions, claims and proceedings in connection with the Work for which we may become liable.
12. THIRD PARTY MATERIALS
12.1 You shall indemnify us against all or any claims made against us by any Third Party and for any costs or damage arising to a Third Parties materials at the property during the course of the Work.
13.1 We will issue you with a Guarantee, if appropriate and in accordance with the Quotation, once full payment of the Price has been received by us. Any Guarantee will be invalidated where you fail to keep the property in a reasonable state of repair and condition during the entire Guarantee Period.
13.2 For the avoidance of doubt such Guarantees relating to Noxyde Roof Coating is for 10 years protection from Corrosion not leaks.
14. FORCE MAJEURE
14.1 We shall not be liable to you or be deemed to be in breach of Contract by reason of delay in performing, or any failure to perform, any of our obligations in relation to the Work, if the delay or failure was due to any cause beyond our reasonable control including but not limited to adverse weather conditions.
15.1 You shall not assign or transfer this Agreement or the benefit thereof in whole or in part to any person without our written consent. This does not, however, prevent or preclude you transferring any Guarantee that we may issue to you in relation to the Works to a person who has acquired your property although we would require the person to whom the Guarantee is transferred to provide reasonable evidence that they are now the owner of the property and have the legal right to enforce such a Guarantee.
15.2 We may transfer our rights and obligations under these terms to another organisation.
16. PROPER LAW OF CONTRACT
16.1 This Contract is subject to the Law of England and Wales.
17. THIRD PARTIES
17.1 A person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999.