Terms & Conditions
- For the purpose of these terms & conditions the following words shall have the following meanings:
(a) “The Company” shall mean Greensted Property Development Limited.
(b) “The Customer” shall mean the person or organisation for whom the Company agrees to carry out works &/or supply materials.
(c)The Operative or Engineer shall mean the representative appointed by the Company to carry out work on their behalf.
- The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Customer those works shall be undertaken by the designated operative of the Company at its absolute discretion.
- HOURLY RATE WORK. The total charge to the Customer shall consist of the cost of materials supplied by the Company (not exceeding the trade purchase price of materials + 100%) & the amount of time spent by the operative in carrying out works (including all reasonable time spent in obtaining unstocked materials) charged in accordance with the Company’s current hourly rates. The Customer shall only be charged for the time spent related to the Customer’s work. All charges are subject to VAT at the prevailing rate except in cases where the work carried out is zero rated.
- FIXED PRICE WORK shall be given as a firm cost, (manifest errors exempted) including Labour & Materials. All costs are inclusive of VAT at the prevailing rate.
- Where a written estimate has been supplied to the Customer the total charge to the Customer referred to in the estimate should not exceed the actual time taken by more than 25% but may be revised in the following circumstances:—
(i) if after submission of the estimate the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the estimate.
(ii) if after submission of the estimate there is an increase in the price of materials.
(iii) if after submission of the estimate it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared . (iv) if after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.
- The Company shall not be under any obligation to provide an estimate to the Customer & shall only be bound (subject as hereinafter) by estimates given in writing to the Customer & signed by a duly authorised representative of the Company. The Company shall not be bound by any estimates given orally or in which manifest errors occur.
- Material Collection.
Collection of non-stock items is chargeable but:
(a) Time must be kept to a minimum & reasonable.
(b) If the collection time is likely to exceed 60 minutes the customer must be additionally informed of the circumstances.
- Invoices are due for payment immediately (within 24 hours) upon delivery to the Customer. Any part of that invoice which remains unpaid shall carry interest at the rate of 4% over the base rate until payment in full is received by the Company.
- Where the date &/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure that the operative shall attend on the date & at the time agreed. However, the Company accepts no liability in respect of the non attendance or late attendance on site of the operative/engineer or for the late or non delivery of materials.
- The Customer shall accept sole liability to discharge the Company's account unless he/she discloses to the Company when initially instructing the Company to carry out work &/or supply materials that he/she is acting on behalf of a third party (including, but not limited to, a Limited Company or partnership) & receiving a written estimate) the name of the third party appears on the written estimate.
- If the Customer cancels their instructions prior to any work being carried out or materials supplied then the Customer shall be liable for any related expenditure together with the profit that would have been made by the Company had the work been carried out &/or materials supplied in accordance with such instructions.
- If, after the Company shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 14 days to the Company & shall afford the Company, and its insurers, the opportunity of both inspecting such works, & carrying out any necessary remedial works if appropriate. The Customer accepts that if he /she fails to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.
- The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturer’s warranty in force. The Guarantee will become null & void if the work/appliance completed/supplied by the Company is:
(a) Subject to misuse or negligence.
(b) Repaired, modified or tampered with by anyone other than a Company operative. The Company will accept no liability for, or guarantee suitability, materials supplied by the Customer & will accept no liability for any consequential damage or fault.
- The company will not guarantee any work in respect of blockages in waste & drainage systems etc.
The company will not guarantee any work undertaken on instruction from the customer & against the written or verbal advice of the operative/engineer.
Work is guaranteed only in respect of work directly undertaken by the company & only once payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the company will not be guaranteed.
The company shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out. Work will not carry a guarantee where the customer has been notified by the operative either verbally or indicated in ticked boxes or in Comments/ Recommendations of any other related work which requires attention.
The customer shall be solely liable for any hazardous situation in respect of Corgi Regulations or Gas Warning Notice issued.
- Where the Company agrees to carry out works on installations of inferior quality or over five years old at that date no warranty is given in respect of such works & the Company accepts no liability in respect of the effectiveness of such works or otherwise.
- Engineers (employed or sub contracted by the company) operate under their own Corgi, Gas Safe Registration or any other relevant trade related registration & as such are solely responsible for any Gas related work, other trade specific work & subsequent liability.
- The Company shall be entitled to fully recover costs or damages from any operative/engineer/contractor whose negligence or faulty workmanship results in the Company being made liable for those damages or rectification of the work.
- These terms & conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative of the Company & by the Customer. Further, these terms & conditions shall prevail over any terms & conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering into a contract with the Company the Customer agrees irrevocably to waive the application of any such terms & conditions.
- Title to any goods, supplied by the Company to the Customer shall not pass to the Customer but shall be retained by the Company until payment in full for such goods has been made by the Customer to the Company.
Until such time as title in the such goods has passed to the Customer:
(i) the Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all any or part of such goods in which title remains vested in the Company,
(ii) for the purpose specified in (i) above, the Company or any of its agents or authorised representatives shall be entitled at any time & without notice to enter any premises in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.
(iii) the Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferring or otherwise disposing of such goods.
Not withstanding the foregoing, risk in such goods shall pass on delivery of the same to the Customer, & until such time as title in such goods has passed to the Customer, the Customer shall insure such goods to their replacement value & the Customer shall forthwith, upon request, provide the Company with a certificate or other evidence of such Insurance.
- The Company shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control, & the Company shall be entitled to a reasonable extension of the time for performing such obligations.
- The Company shall only be liable for rectifying works completed by the Company & shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested & not undertaken at that time.
- Any estimates that are produced by the company are detailed as much as possible, with information that has been provided by the client to avoid any misunderstandings. If something is missing, then please do not hesitate to get in contact so we can make any amendments and or adjustments accordingly. Any additional works found that are necessary are to be agreed with the client before hand and a separate or extra contract quotation / estimate will be provided.
- Working Arrangements: All prices estimated are calculated on the basis of free access and unimpeded working unless otherwise agreed.
- Both the company and the customer to agree practical arrangements on working methods that provide minimum disruption to the customer and allow work to be carried out efficiently by the company.
- Free access is required for delivery of building materials, plant, machinery etc.
- Accepting an estimate, either verbally or in writing, and agreeing to the commencement of works will allow these terms and conditions to come into effect.
- The company may employ direct and sub contract labour on site. Each individual contactor takes full responsibility for their 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.
- Stephen Greensted, Director of Greensted Property Development Limited retains the right to make the final decision regarding an acceptable standard of workmanship and completion of works. If the customer wishes for further work to be completed after this decision has been reached, this can be completed at an additional cost.
- Payment can be made via bank transfer, by cheque or in cash. A receipt for payment will be provided if required. Please make all payments by cheque to Greensted Property Development Limited. Bank transfer details are available upon request. Payment in full is due upon completion of the contact 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 but must be documented, signed and agreed in advance of the commencement of works. The deposit is a commitment to the works being carried out and therefore is non-refundable. A deposit is usually required and arrangements may be made for a separate deposit in respect of the acquisition of bespoke or high valued materials.
- Insurance and public liability: Public liability insurance is provided up to the sum of £5,000,000 by Maltings Insurance – Policy number MABI1713654XB . All usual general building practises are covered within our insurance policy.
- All customer information is retained in accordance with the Data Protection Act 1998 and all personal and other details will remain confidential.
- In the event of unforeseen difficulties arising, or any other circumstantial changes, the quotation price or estimated cost maybe revised to reflect the situation at hand.
- Guarantees: All customers will benefit from a guarantee on our workmanship for a period of 12 months. Guarantees on materials run in accordance with manufactures warranty periods where applicable and will therefore be the responsibility of the manufacturer and not the company. Our guarantee covers new work and new materials used in construction or repairs, but does not guarantee the integrity of any existing structures, materials or decorations. In the event of failure beyond the guarantee period we will be happy to investigate the cause and negotiate a solution to the problem without delay and carry out any agreed repairs as soon as possible. Charges may apply for remedial work carried out beyond the guaranteed dates or items not covered by our guarantee. Decorations are signed off on completion and are not covered by our guarantee.
- The company will not accept liability or responsibility for any water leaks or damage (as a result of water damage) of any form after works and soundness testing has been completed.
- No responsibility is taken by ourselves for the presence of perished or rotten timber (or any other perished or rotten materials) in existing structures such as doors, windows, floors and frames whether detected or undetected at the time of contact.
- Extras will only be under taken further to both full discussion with the customer, and either a 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 or any existing surface or fabrics etc is the responsibility of the customer. An arrangement can be made with the client to put in place protection of existing surfaces, over and above our basic cover, at a negotiated additional cost.
- Discounts and retentions: Prices are based on the understanding that no retentions are held unless previously arranged and authorised. No main contactor or sub contactor discounts are given unless agreed and conformed in writing.
- 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 possibly taking into account weather conditions that may alter completion date and availability of specialist materials and unforeseen circumstances.
- Employees of Greensted Property Development and / or sub contractors will not tolerate any form of inappropriate, aggressive or rude behaviour from the customer or any other individuals
These terms & conditions & all contacts awarded between the Company & Customer shall be governed & construed in accordance with English law & shall be subject to the exclusive jurisdiction of the English law.