Mark Harris Builders Ltd - Terms & Conditions

  • 1.Acceptance of Terms and Conditions
    • 1.1 Contracting the supplier to carry out work or acceptance of a quote provided by the supplier constitutes acceptance by the customer of these terms and conditions.
  • 2. Quotes and Estimates
    • 2.1 All quotes or estimates are valid for 30 days, after which we reserve the right to amend if necessary to allow for price variances.
    • 2.2 That the work quoted for will proceed smoothly and there are no unforeseen difficulties with the work or time delays caused by the customer or for reasons outside the suppliers control.
    • 2.3 If additional work is required that could not be foreseen by the supplier at the time of providing the quote, then the supplier may at its option either cancel this contract or charge for such additional work at the supplier’s usual rate.
    • 2.4 No variations to the work originally quoted for shall be carried out without the agreement of both the customer and supplier.
    • 2.5 Where the customer and the supplier have agreed to the variation the supplier will be entitled to charge for the work involved in such variation at the supplier’s usual rate.
    • 2.6 If for any reason after acceptance of the quotation or estimate it is cancelled by the customer, then the supplier reserves the right to charge a fee commensurate to the time, effort and any other costs involved up to that time together with an allowance for lost opportunity.
  • 3. Price
    • 3.1 All goods and services are supplied at the price ruling at delivery date and the supplier reserves the right to pass on to the customer any price increase after the date of any quote.
    • 3.2 All prices as quoted are exclusive of goods and services tax unless otherwise stated.
  • 4. Payment
    • 4.1 The Customer shall pay the price (including any additional charges) to the supplier in the following manner:
      • 4.1.1 As set out by the supplier in the written quotation/estimate.
      • 4.1.2 In all other cases payment in full within 7 days of the invoice date unless covered in 4.1.1.
      • 4.1.3 No offsets can be made for any reasons unless agreed to by the supplier in writing.
    • 4.2 If full payment is not made by the customer to the supplier in accordance with clause 4.1.1 to 4.1.3 then the customer will be in default under this contract and the supplier may exercise all of the rights and remedies set out in this contract and otherwise available within the law; and
      • 4.2.1 The customer will pay interest on the default monies at a rate of 2.5% per month or part thereof from the due date.
      • 4.2.2 The customer will be liable for all expenses incurred by the supplier in recovering the debt including but not limited to collection agency fee, legal fees and court costs inclusive of the disputes tribunal.
      • 4.2.3 In the case where this relates to the default of a progress payment, all work will stop until such overdue payments have been made.
      • 4.2.4 The customer acknowledges and agrees that any default can be passed to another party for credit reporting purposes.
  • 5. Liability on Claims
    • 5.1 All claims against the supplier by the customer must be made in writing within 10 working days of receipt of the suppliers invoice.
    • 5.2 The supplier reserves the right at its discretion to repair or replace goods or to credit the portion of the price applicable to the goods and services in respect of any claims accepted.
    • 5.3 The supplier will use its best endeavors to enforce any guarantees or warranties given by the manufacturer of goods supplied by the supplier.
    • 5.4 In any event the total liability of the supplier for any loss arising from any defect or non-compliance of the goods and services or any other breach by the supplier of its obligations under this agreement will not in any circumstances exceed the price quoted by the supplier for that particular part of the product or service..
    • 5.5 The presence of any dispute in no way releases the customer from its obligations to settle any account on its due date and no amount can be withheld in respect of retentions or disputes unless agreed to in writing by the supplier. Such matters must be resolved in the appropriate legal manner.
  • 6. Ownership
    • 6.1 Property in and ownership of the goods remains with the supplier until all money the customer owes to the supplier has been paid in full.
    • 6.2 The supplier reserves the right to register its financial interest in the goods or service on the Personal Property Securities Register.
    • 6.3 If the customer is in default under these terms and conditions, then the supplier will be entitled without notice to repossess the secured goods. The customer authorises the supplier or its representatives, servants, agents or employees to enter the property where the secured goods are situated for the purpose of repossession. The supplier will not be liable for any costs, expenses, damage or loss of any kind suffered by the customer as a result of repossession.
    • 6.4 Any repossessed goods may be disposed of at the discretion of the supplier and any monies gained shall first be deducted from any money the customer owes the supplier including any interest due and any expense occurred by the supplier in enforcing its rights. Any surplus will pass to the customer.
  • 7. Consumer Guarantees Act
    • 7.1 Where the supplier is supplying goods and services to the customer for business purposes within the meaning of the Consumer Guarantees Act 1993, pursuant to section 43 the provision of that act will not apply to this agreement.
  • 8. Information and Privacy Act
    • 8.1 For the purpose of facilitating the efficient running of the supplier’s business, the customer authorizes the supplier to collect all information it may require from any third parties and authorizes those third parties to release that information to the supplier.
    • 8.2 The customer agrees that this information may be passed to a third party or to any other person to facilitate collection of debts from the customer and for credit reporting purposes.
    • 8.3 Such information will be accessible to any of the supplier’s employees and agents who need access to it for the efficient running of the supplier’s business.
    • 8.4 The customer may request access to and correction of this information at any time.
  • 9. Delivery & Risk
    • 9.1 Risk in goods supplied will pass to the customer when the goods are delivered to the delivery point.