- Our quotations are produced with as much detail as possible to avoid any misunderstandings. If something is missing that you would like included, please let us know and we will revise the quotation accordingly. Any additional works found necessary are to be agreed with the client whereby a Variation will be raised. These standard conditions shall be applied unless alternatives are agreed in writing PRIOR to works commencing on site.
- Definitions –
- Contractor: The ‘contractor’ is CIVIL ENGINEERING AND CONSTRUCTION LTD who’s registered address is Unit B, Waterfoot Business Centre, Burnley Road East, Waterfoot, Rossendale, BB4 9HR and who is registered in England and Wales and who’s Company Number is 10908334 and who is referred to throughout the remainder of this document as
- Client: The ‘client’ is a person or entity seeking goods and/or services from the contractor.
- Quotation: A quotation is a formal offer made by the contractor to the client within a hard copy or electronic document, headed with the title ‘Quotation’, no other document is intended to be an offer and is not recognised or may be relied upon as such. A quotation price may alter if unforeseen circumstances arise which lead to greater costs being incurred by the contractor. The quotation shall be read in conjunction with these terms and conditions and the Client acknowledges acceptance of the quote in full.
- Estimate: An ‘estimate’ is a formal offer made by the contractor to the client within a hard copy or electronic document, headed with the title ‘Estimate’ or ‘Estimation’’, no other document is intended to be an offer and is not recognised or may be relied upon as such. An estimate is an estimation of cost, not a definitive quotation and may be subject to variation or change.
- Contract: A contract with CIVENCO constitutes an offer by the client, to purchase goods and/or services in accordance with these terms and conditions. The customer is deemed to have read and satisfied themselves of the accuracy and content of the contract offer in terms of specification, charges, price and meaning of terms and descriptions as outlined in a ‘Quotation’ document headed and conspicuously identified as a ‘Quotation’, ‘Estimate’ or ‘Estimation’ provided by CIVENCO. The client acknowledges that they have not relied on any statement, promise, representation, assurance warranty or offer which is not set out in a document supplied by the contractor titled ‘Quotation’, ‘Estimate’ or ‘Estimation’. Any verbal estimate given to the client by CIVENCO will always be supported by a written quotation or estimate.
- Working Arrangements, the services and the time and manner of their delivery: All prices quoted are calculated on the basis of free access and unimpeded working during our normal working hours which are 8 am – 5 pm Monday to Friday and weekends by prior arrangement, unless otherwise agreed.
3.1 Both Contractor and client to agree practical arrangements on working methods that provide minimum disruption to the client and allow work to be carried out efficiently by the contractor.
3.2. Free access is required for delivery of building materials, plant, machinery and skips etc.
3.3 The services will be provided within the timeframe specified within the quote.
3.4 Time frame and dates of delivery are provided for guidance only and CIVENCO makes no guarantee that the services will be performed within the specified period. For the purposes of this agreement, time shall not be of the essence and CIVENCO shall not be liable for any loss or damage suffered by the client as a result of the delivery of services being delayed or postponed for any reason.
- Clients Obligations: The client shall be responsible for the correctness of information, measurements for products or materials denoted on the drawings or within the information provided. Where these measurements are not correct and accordingly materials or products which are ordered or provided by CIVENCO are the wrong size, the client shall bear the expense of rectifying this.
- The client shall co-operate with CIVENCO as may be necessary to facilitate this agreement, including but not limited to:
- Permitting access
- Where the works are indoors, facilitating sufficient space
- Where CIVENCO stores or keeps materials or equipment on site, the client shall be responsible for the security and safety of such and shall account to CIVENCO for any loss or damage.
- Unless the quotation specifies otherwise, the client is responsible for any cleaning and redecoration which is necessary to the site after our works are completed
- The client shall be responsible for any permissions, license or consents prior to contracting CIVENCO
- Ownership: All building and other materials provided by the main contractor or their sub-contractors remain the property of CIVENCO until full and final payment is received in full (see item 9). Unless otherwise agreed in a quotation (or other document), surplus building materials, waste materials scrap and off cuts etc remain the property of CIVENCO or our subcontractors or suppliers. After final payment the client takes ownership of the materials used to carry out the work only.
5.1. Access to and collection of used or unused building materials, equipment and plant etc remains in place until full and cleared final payment is received.
- Acceptance: Accepting a written quotation, estimate or estimation from CIVENCO and agreeing to the commencement of works will allow these terms and conditions to come into effect. The client or CIVENCO may withdraw from the quotation offer prior to commencement of works without sanction or penalty however any deposit paid by the client will be used to pay for any bespoke materials ordered on the client’s behalf and any bespoke materials under these circumstances will be forwarded to the client to include delivery costs. Any document produced by CIVENCO without the heading ‘Quotation’ will not be recognised or accepted as a valid offer of quotation and will not form a contract, please see item 7.
- Sub-contracting: The main contractor being ‘CIVENCO’ may employ both direct and sub-contract labour to work on site. Each individual contractor takes full responsibility for their own third-party liability. The main contractor will oversee all works to completion and takes full general and operational responsibility in the running of any contract agreed with the client.
- Payment: Payment can be made via Bank Transfer, by cheque or in cash. Please make all payments by cheque payable to Civil Engineering and Construction Ltd. A small handling fee of £15.00 per cheque shall apply. Bank Transfer details can be found at the bottom of your invoice.
Payment in full is due upon completion of the contract and presentation of the associated invoice. Part payments, interim payments and deposits may be agreed prior to commencement of works or during the contract duration. Payment is due within 7 days from receipt of invoice. Interim payments and final payment on completion of a contract is not reliant on the presentation of completion certificates with respect to ELECSA, GAS SAFE or Building Control Completion Certificates or other such regulatory body as they are subject to third party administration by the Local Authority etc, nor by faulty materials or workmanship. If a payment is not paid in full in accordance with the agreed payment schedule or presentation of invoice, CIVENCO reserves the right to terminate the contract and will recover all monies and costs owed by the client.
The Client agrees:
- Not to withhold any sums due to CIVENCO
- To settle all invoices within 7 days.
- To pay CIVENCO interest of 8% above the base rate of England on all sums that are not settled in accordance with item 10 (C).
- To pay CIVENCO such costs and expenses as may be incurred in recovering payment from the client where the client fails to make payment in accordance with these terms and conditions.
- Insurance: Public Liability and Employer’s Liability: Public Liability Insurance is provided up to the sum of £5,000,000 and Employer’s Liability up to the sum of £5,000,000 by Thames Underwriting – Policy number: TUS/2019/500448. All usual general building practices are covered within our insurance policy.
- GDPR: All client information is retained in accordance with the General Data Protection Regulation (GDPR) which comes into force on 25th May 2018 whereby all personal and other client details will remain confidential.
- Unforeseen items: In the event of unforeseen difficulties arising, or any other circumstantial changes, the quotation price or estimated cost may be revised to reflect the situation at hand before or after commencement of work. In cases where unforeseen difficulties arise in an emergency capacity, all attempts will be made to price the works prior to commencement however, where this is not possible, a breakdown of the price will be provided.
- Guarantees: No guarantee is supplied or implied unless specifically requested. CIVENCO can provide a variety of insurance backed warranties ranging from 2 to 10 years. The guarantee would cover new work only and does not apply to repair work carried out. Repairs to buildings, roofs, infrastructure or any existing work is not covered by any of our guarantee. Guarantees on materials run in accordance with manufacturer’s warranty periods where applicable.Our guarantee covers all new work and new materials used in construction but does not guarantee the integrity of any existing structures, materials or decorations. The individual coverage of our guarantee would depend on the product chosen.
In the event of a failure beyond the guarantee period we will be happy to investigate the cause and negotiate a solution to the problem without delay (if it is found that our company is wholly responsible for the failure) and carry out any agreed repairs as soon as possible. Charges may apply for remedial work carried out beyond guarantee dates or to items not covered by our guarantee. Decorations are signed off on completion and not covered by guarantee.
CIVENCO shall, at its sole discretion, determine the manner in which we will satisfy this guarantee, whether by repairing, re-performing or replacing the services or by refunding to the client all or part of the monies which have been paid.
- Materials and Workmanship: CIVENCO agrees that all materials and workmanship shall be of specified quality as denoted on the drawings or specifications the suppliers of which may change from time to time and at the Contractors entire discretion. Should materials not be specified, the Contractor shall propose the most appropriate material that shall be of appropriate standard for its intended use. All work performed by CIVENCO shall be in accordance with best practices. Should the client believe this not to be the case, they should inform CIVENCO at the earliest opportunity whereby CIVENCO will undertake a review and advise accordingly.
- Perished Goods: No responsibility is taken by the contractor for the presence of perished, infested or rotten timber (or any other perished, rusty, infested or rotten materials) in existing structures such as doors, constructional or other timbers, windows and frames whether detected or undetected at the time of contract.
- Extras: will only be undertaken further to both full discussion with the client, and, verbal or written agreement, and charged at the agreed rate.
- Protection: of existing surfaces (floors, carpets, curtains, doors and furniture etc). Whilst we endeavour to protect existing surfaces with the use of dust sheets and loose plastic sheeting etc along with care in our working practice, responsibility for protection from damage of any existing surface or fabrics etc is the responsibility of the client. Arrangement can be made to put in place protection of existing surfaces, over and above our basic cover, at a negotiated additional cost.
- Building Control:Inspections and other related issues concerning the Local Authority Building Control Department (if applicable) can be managed by CIVENCO if requested by the client in advance and details of these arrangements are confirmed in writing by both parties. Payment on completion of a contact is not reliant upon presentation of Building Control Completion Certificates as delays are sometimes possible due to Local Authority administration issues.
- Contract duration: An approximate duration for work to be carried out may be found on our quotations. The ‘Contract duration’ is to be used as a guide only and makes no guarantee that the services will be performed within the specified period. The duration will not affect the agreed contract price unless unduly delayed by the Client i.e. if a contract takes longer than expected no extra charges will be levied unless previously agreed and conversely if good progress is made and a contract takes less time to complete than expected, the client should not expect to receive a discount.
- Discounts and retentions: Prices are based on the understanding that no retentions are held unless previously arranged and agreed in writing. No Main Contractor or Sub Contractor discounts are given unless agreed and confirmed in writing.
- Waste: Builder’s waste is deemed to be waste generated by the contractor whilst carrying out building works and includes materials taken down or demolished by the contractor, this material can be used by the contractor or client for hardcore or masonry infill etc if suitable for the purpose. All on site or road side skip contents remain the property of CIVENCO until collection by the skip company.
- Termination: CIVENCO reserves the right to terminate an agreed contract if the client is in breach of these terms and conditions.
- Best Endeavours: We will endeavour to employ a helpful attitude at all times and will always attempt to bring the building works to a satisfactory conclusion as soon as possible taking into account weather conditions and availability of specialist materials, suppliers, sub-contractors and unforeseen circumstances etc.
- Cancellation: The client may cancel this contract within 7 calendar days of accepting this agreement and shall be entitled to a full refund of any monies paid to CIVENCO, less any amount representing any reasonable administration costs which Civil Engineering and Construction has incurred. Any cancellation outside this period will not entitle the client to a refund of any monies paid.
- Disclaimers: CIVENCO shall not be responsible in any circumstances to the Client or any third party for any loss of profit or indirect or consequential economic damage or loss, howsoever caused, whether as a result of negligence, misrepresentation, breech of contract or otherwise.
- Nothing in the foregoing shall be read as restricting or limiting in any way CIVENCO’s liability for death or personal injury
- Indemnity: The Client shall indemnify CIVENCO against any loss or damage which results from the Clients breech of this agreement or failure to abide by any of its terms.