Terms & Conditions - January 2023
Terms and Conditions for supply of services from BATTEN AND BEAM LTD, also referred to as "we", "us" and "our"
- 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 and a separate revised or extra contract quotation provided.
- Working Arrangements: all prices quoted are calculated on the basis of free access and unimpeded working during our normal working hours (8am – 4pm Mon – Fri, Sat 8am – 1pm), unless otherwise agreed.
- Both Batten & Beam Ltd and the 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.
- Free access is required for delivery of building materials, plant, machinery and skips etc.
- All building and other materials provided by the main contractor or their sub-contractors remain the property of Batten & Beam Ltd until full and final payment is received via bank transfer or cash (see clause 9). Unless otherwise agreed in a quotation (or other document), surplus building materials, waste materials and off cuts etc remain the property of Batten and Beam Ltd, our subcontractors or our suppliers. After final payment the client takes ownership of the materials used to carry out the work only.
- 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.
- Accepting a written quotation from Batten & Beam Ltd ("Quote"), either verbally or in writing, and agreeing to the commencement of works will allow these terms and conditions to come into affect. We or the client 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 Batten & Beam Ltd without the heading 'Quote' will not be recognised or accepted as a valid offer of quotation and will not form a contract, please see clause 9.
- The main contractor being ‘Batten & Beam Ltd’ 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 (see clause '9').
- A 'contract' with Batten & Beam Ltd is an agreement by the client to have work undertaken based on a Quote submitted directly to the client and is a clear and straightforward undertaking between the two parties to form a contract. An informal verbal estimate, verbal or written price guide received by the client, or any other document, in this context does not amount to the formation of a contract.
- 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 as they are subject to third party administration by the Local Authority etc.
- Methods of payment: BACS transfer is the only method of payment accepted as legal tender. We can not accept cash or cheque payments.
- Insurance: Batten & Beam Ltd will maintain at all times appropriate Public Liability and Employer's Liability, plus any other appropriate or required insurance policies.
- All client information is retained in accordance with the Data Protection Act 1988 and all personal and other client details will remain confidential.
- 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.
- Guarantees: All customers will benefit from a full guarantee on our workmanship for a period of 12 months. 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 or repairs, but does not guarantee the integrity of any existing structures, materials or decorations. New build structures only (roofs, flashings to new roofs and new vertical brickwork joints to existing masonry) are covered by our guarantee against water ingress, ingress of water through existing structures are not covered by this guarantee. Subsidence issues (sinkage below slabs, subsidence below new or existing foundations or movement of foundations or floors etc) are not covered within our guarantee agreement. 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 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.
- No responsibility is taken by ourselves for the presence of perished, infested or rotten timber (or any other perished, 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.
- For the extent of roof cleaning contracts, the customer understands that any existing damage, cracked tiles, loose cement or any other flaws in the roofing system may be more noticeable and apparent during and/or after cleaning. This includes tiles falling, mortar being pulled out etc. Batten & Beam will endeavour to make aware the customer to these flaws and can quote if requested for repairs. Additional minor accidental damage (cracked gutters, blocked downpipes etc), will be discussed at the time of final inspection and we will make a plan to rectify. This must be reported within 3 days post completion. The customer agrees to allow us access to power and water, keep all doors and windows watertight, keep all pets inside on the day/s of the work, to clear the area of items and to notify neighbours of works being undertaken.
- Contract duration: An approximate duration time for work to be carried out can be found on our quotations. The 'Contract duration' is to be used as a guide only and will not affect the agreed contract price 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 authorised. No Main Contractor or Sub Contractor discounts are given unless agreed and confirmed in writing.
- 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. Builders waste will only be removed from site and disposed of with prior agreement and will be charged for appropriately.
- 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 and unforeseen circumstances etc.