LIST OF TERMS

CONDITIONS OF CONTRACT

WOODWORM DRY ROT AND RISING DAMP, WATERPROOFING/PLASTERING
ACCEPTANCE,OF QUOTATION

Acceptance of the Quotation will be subject to:

(a) Receipt of the customer’s acceptance in writing within twenty-eight days from its quote (three months in the case of damp proofing work only).

(b) The receipt of reasonable notice to commence work not later than three months after receipt of such acceptance from the customer subject to labour and materials being available at the commencement date requested by the customer.

(c) If required the provision by the customer of satisfactory trade and financial references.

(d) The, payment to HEALTHY HOMES LTD of a deposit in part payment of any sums ultimately due to them.

2. VARIATION

HEALTHY HOMES LTD reserve the right to substitute alternative materials and equipment and to use alternative methods of works and construction of equivalent quality and performance to those specified in the quotation or any other document issued by them.

3. FLUCTUATIONS

Unless otherwise stated the contract price is based on the cost of labour materials and all necessary services at the date of the quotation and increases or decreases in any such costs shall be a net addition to or deduction from the contract price,

4. EXTRAS

Unless otherwise stated the Contract price is for the work to be executed without interruption during the normal working hours of HEALTHY HOMES LTD from time to time i.e. 8.00 am to 5.00 pm Monday to Friday. If extra time on the contract or overtime is worked for any reason (other than by the default of HEALTHY HOMES LTD) the costs of such extra time or overtime plus a reasonable proportion of overheads and profit shall be paid by the customer as an addition to the contract price. If materials additional to those required by the quotation are supplied because of additions or alterations to the contract works requested by the customer he will pay the cost of them plus a reasonable proportion of overheads and profits as an addition to the contract price.

5. LOCAL AUTHORITY REQUIREMENTS

Where the local Authority or its officers become involved in the work to be undertaken, any additional casts incurred by HEALTHY HOMES LTD to meet the specific requirements & the local Authority and/ar its officers will be charged extra to the customer.

6. FIXTURES AND FITTINGS

All fixtures and fittings in working areas shall be removed by the Customer before commencement of work and afterwards repaired and replaced by the customer in each case at the customer’s expense. HEALTHY HOMES LTD may remove at the customer’s expense any fixtures or fittings not so removed. HEALTHY HOMES LTD shall not be responsible for any damage to any fixture or fitting (other than damage proved to be due to negligence on the part of HEALTHY HOMES LTD, their servants or agents) and the customer shall indemnify HEALTHY HOMES LTD against any claim for such damage. The expression “Fixtures and Fittings” shall include without prejudice to its generality pipes, cables, furniture, furnishings, internal plaster and decorations.

7. WORKING FACILITIES

The customer will at his awn expense provide HEALTHY HOMES LTD with:

(a) Unimpeded access for vehicles and workmen during all working hours to all areas to which access is necessary for carrying out the contract works.

(b) Adequate and conveniently situated supplies of electricity and water.

(c) Conveniently situated areas for loading, unloading, storage and the carrying out of ancillary works.

(d) All facilities required for HEALTHY HOMES LTD’s employees under the Construction (Health & Welfare) Regulations 1966 or any modification or replacement of them.

(e) Where relevant the written consent of any owner and/or occupier of adjoining property to the quoted treatment of party walls and to such access as may be necessary to such adjoining property for the purpose of carrying out works to party walls or the provision of scaffolding. HEALTHY HOMES LTD will not be liable for subsequent defects attributable to dampness originating from an adjoining property (other than damage proved to be due to negligence on the port of HEALTHY HOMES LTD their servants and agents).

8. STRUCTURAL DEFECTS

Unless otherwise stated the quotation is upon the basis that the structure and foundations are in good condition and if it is discovered that they are not in good condition then HEALTHY HOMES LTD may by not less than seven days notice in writing to the customer terminate the contract and thereupon the customer shall pay HEALTHY HOMES LTD the reasonable cost of all work carried out until such termination. Upon any termination the customer will be responsible for all reinstatement work at his own expense. HEALTHY HOMES LTD will not be responsible for deterioration caused by subsequent structural defects.

9. VALUE ADDED TAX.

Unless otherwise stated prices and rates shown in all documents issued by HEALTHY HOMES LTD are exclusive of Value Added Tax which will, where applicable, be added to such prices and rates at the rates prevailing from time to time and be paid by the Customer.

10. TERMS OF PAYMENT

All sums due to HEALTHY HOMES LTD are net unless otherwise stated. Payment is due on completion of the work, or in accordance with an alternative mutually agreed signed Contract. HEALTHY HOMES LTD reserves the right to charge interest on all overdue accounts at 2’% over the base rate from time to time of Barclays Bank PLC.

11. DELAYS

Where any period or date for completion has been agreed, HEALTHY HOMES LTD shall be entitled to a reasonable extension of that time or period where delay is due to adverse weather conditions and for other such reasons as may be fair and reasonable in the circumstances.

12. GUARANTEE

Upon the payment of their account in full within fourteen days HEALTHY HOMES LTD will issue their guarantee.

13. RE-INSPECTION

Should the customer, for any reason, request HEALTHY HOMES LTD to re-inspect the work after completion of the work, a fee for such re-inspection will be charged by HEALTHY HOMES LTD. Such fee will be refundable to the customer in the event HEALTHY HOMES LTD being proved to have been at fault in the carrying out of the work.

14. ARBITRATION FACILITY

In the event of any dispute arising out of or in connection with our survey or our work then such dispute shall be referred to independent arbitration. The arbitration will be conducted under the most recent edition of The JCT Arbitration Rules, which contain provision for a shortened procedure in appropriate cases. We will put forward a list of suggested arbitrators, from which you may choose, or if you prefer the arbitrator will be nominated by the President for the time being of the RICS.
The conclusion of such arbitration shall be a condition precedent to any court proceedings by the customer. The customer is contractually obliged to pay invoices in full without set off or abatement pending the result of the arbitration.

HEALTHY HOMES LTD