T and M Buildings – Terms and Conditions
(1) Statements in any quotation or contract made by us as to the time or date for completion of any work or otherwise for the performance of our contract are to be treated as an approximate estimate based on current trading conditions existing. We can accept no responsibility if we are delayed or prevented from executing work or otherwise performing our contract from any cause beyond our control including an Act of God, force of nature, war or hostilities, legislation, Government order or direction, any strike, lock-out, labour disturbance, civil commotion, fire, accident, breakdown of machinery or any lack or shortage of labour or material or any reduction or stoppage or output at the works of the makers of any goods or materials required and in any such case we are to be released from any obligation to complete our contract with the Customer by a particular time but without prejudice to our right to recover payment for work already done. Without prejudice to the subject matter of this clause if due to any cause beyond our control, it will not be possible for us to perform the contract in the manner envisaged or in any similar manner, the Customer will have the option of rescinding the contract subject to the payment for work already done.
(2) Unless expressly stated to be otherwise, a quotation is not a tender but is merely an invitation to the Customer to place an order. All quotations are therefore subject to confirmation by us upon receipt of the Customers order and no contract shall exist until such confirmation is given.
(3) T and M Buildings shall use all reasonable endeavours to provide the Services in accordance with all material respects with the quotation provided.
(4) T and M Buildings shall use reasonable endeavours to meet any performance dates mutually agreed between the Customer and T and M Buildings, be this verbally or otherwise.
(5) In turn, the Customer shall:
a) Co-operate with T and M Buildings in all matters relating to the Services.
b) Provide T and M Buildings, its agents, sub-contractors, consultants and employees in a timely manner and at no charge with access to the Customer’s premises and other facilities as required by T and M Buildings.
c) Provide to T and M Buildings, in a timely manner, such in-pit material and other information as T and M Buildings may (reasonably) require and ensure that it is accurate in all material respects.
d) Inform T and M Buildings of all Health and Safety Rules and regulations and any other reasonable security requirements that apply to the Customer premises.
e) In the event that T and M Buildings makes use of equipment belonging to the Customer, the Customer must ensure that it is in good working order and suitable for the purposes for which it is used and conforms to all relevant United Kingdom standards or requirements.
f) Keep and maintain any equipment belonging to T and M Buildings and shall not dispose of or use T and M Buildings equipment unless expressly permitted to by T and M Buildings.
(6) If T and M Buildings performance of its obligations under the contract is prevented or delayed by an act or omission of the Customer, its agents, sub-contractors, consultants or employees, the Supplier shall not be liable for any costs, charges or losses sustained by the Customer arising directly or indirectly from such prevention or delay. The Customer shall be liable to pay to T and M Buildings, on demand, all reasonable costs, charges or losses sustained or incurred by T and M Buildings (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury or death of any person) arising directly from the Customer’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under the contract, subject to T and M Buildings confirming such costs, charges and losses to the customer in writing.
(7) All charges quoted to the Customer shall be exclusive of VAT, which T and M Buildings shall add to it’s invoices at the appropriate rate.
(8) The Customer shall pay each invoice submitted to it by T and M Buildings in full and in cleared funds within 14 days of receipt to a bank account nominated by T and M Buildings.
a) T and M Buildings will invoice the Customer for payment on completion of buildings to finished roof level and at completion of building for remaining amount unless otherwise agreed before commencement of work. For internal concreting and fittings T and M Buildings will invoice the Customer for completed works unless otherwise agreed before commencement of works.
(9) Without prejudice to any other right or remedy that it may have, if the Customer fails to pay the supplier on the due date T and M Buildings may
a) Charge interest on such sum from the due date for payment at the annual rate of 2% above the base lending rate from time to time of HSBC Bank Plc accruing on a daily basis and being compounded monthly until payment is made, whether before or after any judgement and the Customer shall pay the interest immediately on demand. T and M Buildings may claim interest immediately on demand. T and M Buildings may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 and
b) Suspend all services until payment has been made in full.
(10) This condition sets out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents, consultants and sub-contractors) to the Customer in respect of
a) Any breach of the Contractor
b) Any use made by the Customer of the Services,
c) Any representation, statements or tortuous act or omission (including negligence) arising under or in connection with the contract.
(11) All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract
(12) Nothing in these conditions limits or excludes the liability of T and M Buildings
a) For death and personal injury resulting from negligence
b) For any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by the Supplier
Subject to condition 11 and 12 the Supplier shall not be liable for
a) Loss of profits
b) Loss of business
c) Loss of contract
d) Loss of use
e) Any special, indirect, consequential or pure economic loss, costs, damages charges or expenses
(13) T and M Buildings total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance of the contract shall be limited to the price paid for the Services.
(14) Without prejudice to any other rights or remedies which the parties may have, either party may terminate the Contract without liability to the other immediately on giving notice to the other if
a) The other party fails to pay any amount due under the Contract on the due date for payment and remains in default not less than seven days after being notified in writing to make such payment.
b) The other party commits a breach of any of the terms of the contract and (if such breach is remediable) fails to remedy that breach within 14 days of that party being notified of that breach
c) The other party suspends or threatens to suspend payment of its debts or is unable to pay its debts or being a company is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986
d) The other party suspends or ceases, or threatens to suspend or cease, to carry out all or a substantial part of its business
(15) On termination of the contract for any reason:
a) The Customer shall immediately pay to T and M Buildings all of T and M Buildings outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, T and M Buildings will issue and invoice which must be paid immediately.
b) The Customer must return all of T and M Building’s equipment, and if they do not, T and M Buildings may enter the Customer’s premises and take possession of them. Until T and M Buildings are in possession of their equipment the Customer is responsible for their safe keeping.
(16) On termination of the contract (however arising) the following conditions shall survive and continue in full force and effect: 11, 12, 13, 14, 15, 20
a) T and M Buildings may from time to time and without notice change the services to comply with any applicable safety or statutory requirements, provided that such changes do not materially effect the nature and scope of, or the charges for the services.
b) If any provision of the contract is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the contract, and the validity and enforceability of the other provisions of the contract shall not be affected.
(17) This contract constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to it subject matter
(18) Nothing in these conditions shall limit or exclude any liability for fraud.
(19) A person who is not party to the contract shall not have any rights under or in connection with it.
(20) The contract, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales