Terms & Conditions

The wording below states the terms and conditions on which Westcott Construction Limited is prepared to provide certain building and related services to you.

1 The meaning of some words used in these terms and conditions

‘we’, ‘us’ or ‘our’ is a reference to (name of person or company providing the services);
‘you’ or ‘your’ is a reference to the person to whom we are providing our Services and who is required to pay for the Services we provide;
‘Materials’ means any materials, goods, parts or items we need to buy on your behalf (or supply from our own stock) necessarily in order to perform the Services;
‘Premises’ means the place where we will provide the Services;
‘Services’ means the building, installation, fitting, repair and other building services we will provide at the Premises. The precise Services we will be providing to you are stated in the estimate provided at the outset as may be amended by agreement with you from time to time;
‘Acceptance’  your acceptance of our estimate however communicated to us.

2 Entering into a legally binding contract

2.1 A contract between you and us comes into being when you sign the estimate at which point we and you will enter into a legally binding contract
2.2 We suggest that before you return the Acceptance to us that you read through these terms and conditions. If you have any questions concerning them please ask us.
2.3 You should keep a copy of these terms and conditions for your records

3 Standard of providing the Services

3.1 Once we and you have entered into a legally binding contract we will normally start providing the Services to you on a date agreed between us without further discussion with you. Occasionally the Services will be provided at some other date or time or be dependent on a number of factors.
3.2 The building and allied trades services that we normally provide are divided into a number of distinct stages:
3.2.1 (for larger jobs) after you and we have entered into a contract, we will carry out a technical survey of your Premises;
3.2.2 we carry out the building and other related work; and
3.2.3 we clean up after the work we have carried out.
3.3 We will provide you with the Services:
3.3.1 using reasonable care and skill;
3.3.2 that comply with commonly accepted building practices;
3.3.3 in compliance with the building laws and regulations in force at the time we carry out the Services.

4 Survey

4.1 If the Services require that we carry out a survey (as indicated on the estimate), then the survey will:
4.1.1 indicate the specific Services that are to be performed can be planned and specified;
4.1.3 provide description of the items to be installed at the Premises
4.1.3 provide a technical specification as to how the Services are to be performed (including sizing and measuring) and any Materials to be supplied.
4.2 The survey will normally be carried out
4.2.1 within 14 days of you and us entering into this contract; or
4.2.2 as soon as possible after the date we and you enter into this contract if you cannot make an appointment until more than 14 days have passed after the contract has been entered into.
4.3 In most cases after we have carried out the survey we will prepare a report setting out the details determined and investigated under paragraph 4.1. The report will be provided to you for your comment and you and we will normally meet to discuss its contents and make any necessary amendments (for example to correct any factual errors).
4.4 If after carrying out the survey it is clear that:
4.4.1 the amount of Services needed to be provided is substantially in excess of that set out in an estimate and the extra Services could not have been reasonably foreseen at the time the estimate was provided; and/or
4.4.2 there are substantial technical or practical reasons why the result or purpose to be achieved by the performance of the Service will not be achieved; and/or
4.4.3 there are substantial technical, structural or practical problems with the Premises which could not have been reasonably foreseen at the time the estimate was provided,
then we shall have the right to cancel the contract. If we choose to do so we will refund all sums you have paid less only a reasonable sum to cover the cost of carrying out the Survey.

5 Days and times when we normally provide the Services and performance of Services away from the Premises

5.1 Unless we agree otherwise we will provide the Services on normal working days and start work no earlier than 8.00 am and finish work no later than 5.00 pm. A normal working day for us means Mondays to Fridays, excluding any bank or other national holidays.
5.2 The performance of some of the Services may take place away from the Premises. For example, we may be able only to carry out some of the activities in performing the Services other than at your Premises or when you are present.

6 Timing

6.1 Our responsibility to perform the Services by particular dates and times
We aim to carry out the Services by the dates and times we either agree with you or notify to you. But we cannot guarantee or provide a firm commitment that:
6.1.1 we will start performing the Services by a specified date or time; or
6.1.2 we will complete the performance of all the Services by any specified date or time; or
6.1.3 the performance of any individual part of the Services will be completed by a specified date or time.
6.2 What can happen if we cannot start performing the Services or complete performing the Services
If we do not start or do not complete performing the Services within a reasonable time you may choose either to continue to wait until we can start performing the Services or complete performing them or you can cancel the contract as follows:
6.2.1 Cancellation where we have started to perform the Services: If we have started performing the Services and you decide you wish to cancel the contract you will only have to pay for any Services we have performed up to the date of cancellation and for any Materials we have used or purchased. If you have made payment(s) to us in excess of the amount of Services we have performed or Materials we have purchased, we will return the difference to you within 14 days of cancellation.
6.2.2 Cancellation where we have not started to perform the Services: If we have not started performing the Services (including for the avoidance of doubt the ordering of any goods, materials or specialist services) we will not ask you to pay us anything (and will refund any deposit or other sums you have paid to us within 14 days of cancellation).
What is reasonable period of time depends on the type of Services we will be performing, and the length of time they will take to perform. For example, if the Services are expected to take only a few hours to perform (and are of an emergency nature), then if we fail to start performing the Services within 4 hours then you may have the right to cancel. But if the Services are due to take several weeks to perform, then if we fail to start to perform the Services after a couple of weeks when we are due to or we do not perform the Services during 28 days when we were due to, then in such circumstances you may cancel the contract if you wish.
6.3 Situations or events outside our reasonable control
6.3.1 In addition, there are certain situations or events which occur which are not within our reasonable control (some examples are given in the next numbered paragraph). Where one of these occurs we will normally attempt to recommence performing the Services as soon the situation which has stopped us performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.
6.3.2 The following are examples of events or situations which are not within our reasonable control:
6.3.2.1 where weather conditions make it impossible or unsafe for us to perform any of the Services;
6.3.2.2 if Materials that are ordered are not delivered on the date or time agreed with the supplier of the Materials (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time, or the price charged by the alternative supplier is excessively higher than by the original supplier);
6.3.2.3 where you make a change in the Services you wish us to perform (and this results in, for example, us having to do further work or wait for new or different Materials);
6.3.2.4 where we have to wait for other providers of services (who have been engaged by you) to complete their work before we are able to perform the Services (or the relevant part of the Services dependent on the other provider if ordered at short notice);
6.3.2.5 where we are unable to gain access to the Premises to carry out the Services at the times and dates we have agreed with you;
6.3.2.6 where the areas in the Premises have not be readied by you as we and you have agreed or as may be recommended by the supplier of any goods or materials to be installed as part of the Services;
6.3.2.7 for other some unforeseen or unavoidable event or situation which is beyond our control.
6.3.3 If the delay in us recommencing performing the Services will be excessive then we will offer you the option of either:
6.3.3.1 continuing to wait until we are able to recommence performing the Services. If you are required to make any payments during this period (for example if we and you have agreed that you will pay us in staged amounts) then we will not require you to make any of the payments required until we are able to recommence performing the Services; or
6.3.3.2 allowing you to cancel the contract. If you choose this option then you will only have to pay for any Services we have performed up to the date of cancellation and for any Materials for which we have a legal obligation to pay or have been used in the provision of the Services. If you have made payment(s) to us in excess of the amount of Services we have performed or Materials purchased or used from our own stock, we will return the difference to you within 14 days of cancellation.

7 Things you will need to do or should do

7.1 You should remove any items (you are able to remove) from the areas in the Premises where we will be performing the Services by the date or time when we are due to start performing the Services.
7.2 We suggest that you cover any items, furniture or fixtures or fittings which you will not be moving from the areas at the Premises where we will be working in order to protect them from dust or dirt.
7.3 You will allow us to gain access to the Premises at the dates and times we and you agree when we will perform the Services.
7.4 You will obtain all necessary consents, permissions and approvals before we start performing the Services. For example,
7.4.1 if the Services we are to perform require planning permission, you will have obtained that permission (and have the appropriate documentation available for our inspection if we wish to look at it) before we start the Services; and/or
7.4.2 if you are a tenant, you will have obtained the permission or consent of your landlord and you will have the permission or consent in writing.
7.5 During all the times we are providing the Services you will:
7.5.1 allow us access to a water supply;
7.5.2 allow us to use electricity from normal 220/240 volt 3-pin sockets;
7.5.3 allow us to leave our tools and Materials at the Premises at times when we are not performing the Services;
7.5.4 provide us with means to access and leave the Premises;
7.5.5 where necessary and appropriate allow us to use your toilet and washing facilities; and
7.5.6 provide a parking permit (for a visitor) throughout the time we are providing the Services (if required or imposed by a local or other authority).
7.6 We reserve the right, where the Services require the purchase from any third party of preformed, made up or specialist products (for example windows/doors/rooflights or anything else of a specialist nature or high value), to request that (if necessary with our assistance) you place the order for the requisite items and pay the supplier directly for them. Apart from any other considerations, this should ensure you receive the full benefit of the manufacturer/supplier’s warranty in respect of those items.

8 Some restrictions and assumptions

8.1 We will assume that all information, measurements and facts that you provide are accurate and true. We will not accept liability for any loss or damage caused where we reasonably perform our Services in reliance on these. We will be responsible for any measurements we make or provide.
8.2 We do not provide structural surveys or offer or provide opinions or advice structural or other building related matters. If you need such survey, advice etc please consult a chartered or other professionally qualified surveyor.

9 Price and payment

9.1 Our charges based on time spent
We normally provide the Services, especially where they are for labour only (such as the installation of window and door units supplied by others), on the basis of an estimate agreed with you when the contract is made. Where exceptionally we agree to undertake Services on the basis of actual time spent in providing the services then we will charge for each 30 minutes we spend in doing so.
9.2 Our charges based on an estimate
9.2.1 Where we provide an estimate then we will charge you the amount stated in the estimate rather than a charge based on the time taken in performing the Services. Note: we only provide estimates and not quotations or binding indications of how much we will charge. Estimates are normally valid for a period of 30 days from the date they are given.
9.2.2 As we provide an estimate there can be times when we may need to charge you a higher amount than stated in the estimate. This can occur for a number of reasons, in particular where:
9.2.2.1 what you require us to do changes, or the amount of work or Services you require us to provide increases or is different to what we and you agreed before started performing the Services or as stated in the estimate; or
9.2.2.2 when we start performing the Services it becomes apparent that the amount of Services we will need to perform or the type of work that is involved is different to what we agreed before we started performing the Service and which we could not reasonably foresee this before we started performing the Services.
9.2.3 Where the amount of work involved is greater than that stated in an estimate (as set out in paragraph 9.2.2 then the following will happen:
9.2.3.1 We will contact you to let you know and provide a revised estimate
9.2.3.2 We will not continue performing the Services unless and until we have agreed the extra amount that you will need to pay, unless:
9.2.3.2.1 it is not possible to contact you within a reasonable time having attempted to do so; or
9.2.3.2.2 it is not safe not to carry out and finish performing the Services (for example, your goods or premises may be left in a dangerous condition or unprotected from theft if the Services are not completed).
9.3 When payment is required
9.3.1 Services: Payment for our Services is normally made in one of 3 ways, namely:
9.3.1.1 in the case of small jobs (and only if specifically so stated in the estimate or otherwise agreed in writing between us prior to our undertaking the Services) at the time we complete performing the Services;
or
9.3.1.2 a deposit of 10% when you and we enter into the contract, with a further 20% immediately prior to our commencing work at the Premises and the balance when we finish performing the Services;
or
9.3.1.3 a deposit of 10% when you and we enter into the contract; prompt payment of any bills we send to you during the period of the contract, which will be for any Services we have performed up to date of the bill; and the balance when we finish performing the Services;
Which option we will use will be indicated on the estimate.
9.3.2 Materials: If we need to buy Materials in order to perform the Services then (save in the case of specialist items or any other of high value when we reserve the right to ask for payment at the time of ordering), we will require you to pay for them at the time you make payment for the Services as set out above.
9.4 VAT
All amounts stated (whether orally or in writing) are exclusive of VAT, which will be added at the rate currently in force.
9.5 Late payment
You need to pay any amounts due at the time we provide to you a bill for those amounts (or where we need to purchase Materials in order to perform the Services at short notice or deal with an emergency, then without a bill). If you fail to pay any amount due to us at the time it is due then we may:
9.5.1 charge you interest at the Bank of England’s base interest rate plus 5% on any outstanding amounts if those outstanding amounts remain unpaid for more than 30 days from the date of our invoice or when we asked you first to pay them; and/or
9.5.2 if the amounts not paid represent more than 10% of the estimated total value of the Services we are to perform for you, then we may suspend performing the Services until you make payment.
9.6 Refusal of payment
You will not refuse to pay any amount owing to us where there is only a minor or inconsequential defect or error in the performance of the Services. You will be entitled only to refuse to pay no more than a proportionate amount of any amount due.

10 Materials

10.1 Where we purchase Materials we suggest that you examine them as soon as you reasonably can after delivery and/or installation.
10.2 Some materials, when they are manufactured or made, have inherent imperfections or variations. We will not in breach of our obligations to provide you with goods which are of satisfactory quality, or comply with any description or that are fit for their purpose where there is an inherent imperfection or variation caused by or due to their making or manufacture or construction.
10.3 Any Materials we purchase or use (ie if we have an existing stock of the Material, such as, for example, nails or screws) will be new, and of satisfactory quality and fit for the purpose of being used in general building work.
10.4 If specified in the estimate or as agreed by you and us we will purchase materials and goods for use in providing the Services and they will come within paragraph 10.3.
10.5 Until we receive full payment for the Materials we shall own the Materials.
10.6 If you wish to supply any materials or goods, then we will not be liable as regards whether they are of satisfactory quality or fit for the purpose to which they are to be used.
10.7 If you have any particular or special purpose(s) for, or for the use of, the Materials please let us know before we start using the Materials. Preferably you should let us know about these purpose(s) in writing.
10.8 If the amount of Materials we use is less than the amount we specified (or you and we agreed that we would supply), on completion of the Services we will leave the excess Materials at the Premises. If you wish us to remove these excess Materials please let us know. We will need at least 5 working days before the date of the completion of the Services if we are to remove them.
10.9 In the following circumstances we may need to charge for the time we take (including travel time) to purchase or otherwise obtain the necessary Materials:
10.9.1 we have not provided an estimate and cannot reasonably establish what Materials are necessary until we start performing the Services; or
10.9.2 where we have provided an estimate, it may not have been reasonably possible to establish the need for particular Materials at the time we provided the estimate. The need for the particular Materials may only be revealed when we start performing the Services; or
10.9.3 whether or not we have provided an estimate, the condition of an item or the area which is the subject of the Services may only become apparent when we start performing the Services and it was not reasonably possible to establish it until that point.

11 Deviations from what we have agreed to do for you

In limited circumstances we will need to provide different or no Services to you. This will be usually where the following occurs:
11.1 an issue or problem becomes apparent or is revealed when we start performing the Services which we could not have reasonably foreseen at the time we provided the estimate or survey and means that it is not safe for us to continue working; or
11.2 we are instructed or informed that the Services we are performing are not in accordance with statutory or regulatory requirements or are in breach of planning consents or environmental or conservation requirements or otherwise not in conformity with the recommendations of any manufacturer or supplier of goods or materials to be installed or otherwise used in connection with the performance of the Services.

12 Cancellation by you

12.1 Once we and you enter into a binding contract you will normally not be able to cancel the contract, except where we agree or as otherwise provided for in this contract.
12.2 If we agree to cancel then you will be responsible for the cost of:
12.2.1 any of our time in performing the Services up to the date we stop providing the Services;
12.2.2 any Materials we are contractually committed to buying up to the date of termination (whether or not we need to pay for them before or after the date the contract between us and you is cancelled) together with any used or otherwise provided from our own stock. Any Materials we have purchased (but not used in performing the Services) will be delivered to you.
12.3 In the circumstances stated in clause 12.2 we will first deduct the amounts for which you are responsible from any deposit you have paid. Any remaining deposit will be returned to you. If the amount owing is greater than the deposit we will return invoice you for the amount in excess of the deposit.
12.4 If you:
12.4.1 purport to cancel the contract; or
12.4.2 give notice purporting to cancel; or
12.4.3 otherwise do not fulfil your obligations (such as by not paying any sums due to be paid to us) in a way which amounts to you cancelling the contract,
we do not have to accept your cancellation except as provided in clause 12.2 or as otherwise provided for in this contract. However, we may choose to accept cancellation, and if we choose to do so you will be required to pay to us a reasonable amount for the losses and costs (including loss of profit) we have suffered. If you have paid a deposit, this will be retained and if our reasonable losses and costs (including loss of profit) are greater than the deposit we have retained we will require you to pay for our losses and costs in excess of the deposit retained.

13 Limitation and exclusion of liability

13.1 Where we cause damage to the Premises which necessarily results from the negligent performance of the Services then we will carry out such work as is necessary to rectify the damage. The work carried out in this circumstance will be so that the damaged areas will be ready for decoration or plastering.
13.2 Where the damage is caused by the performance of the Services and where the damage is an unavoidable part of performing the Services, then we will rectify the damage to the extent that it is reasonable in the circumstances.
13.3 If we are required to provide Services which involve working with, adding to, changing, or installing, goods or installations (for example water or heating systems or electrical or gas installations) then we expect that goods or installations in place at the Premises will be in good working order or in good condition. We will not be liable or responsible for damage to such installations caused during the performance of our Services, except where any damage is the result of the negligent performance of the Services.
13.4 We will compensate you for any loss or damage you may suffer if we fail to carry out duties imposed on us by law (including if we cause death or personal injury to you by our negligence) unless that failure is attributable to:
13.4.1 your own fault;
13.4.2 a third party unconnected with the provision of Services under this contract; or
13.4.3 events which we could not have foreseen or forestalled even if we had taken all reasonable care or performed the Services with all reasonable care.

14 Amendments to the contract terms and conditions

We will have the right to amend the terms and conditions of this contract where:
14.1 we need to do so in order to comply with changes in the law or regulatory reasons; or
14.2. we need correct any errors or omissions (and the right includes the right to change any of the documentation which forms part of the contract), as long as such correction is minor and does not materially affect the contract.
Where we are making any amendment we will endeavour to give you 30 days’ notice in any case falling within 14.1 and in any other case such notice as is reasonably practicable (unless in either case the contract is terminated before that period).

15 Sub-contracting

We may sub-contract or delegate some or all of the performance of the Services but we will still continue to be responsible for the performance of the Services and our obligations under this contract.

16 Contacting each other

If you wish to send us any notice or letter then it needs to be sent to head office and should be marked for the attention of Jeremy Westcott. If we wish to send you a letter or notice we will use the address you have given us.

17 Contracts (Rights of Third Parties) Act 1999

For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

18 Law and jurisdiction

This contract shall be governed and construed by the law of England and you and we agree to submit to the jurisdiction of the courts of England and Wales.