STANDARD TERMS AND CONDITIONS
1. Definitions
1.1.‘Company' refers to Creative Finish, the company named on the quotation, with its registered office at [Insert Address].
1.2.‘Customer’ means the individual, firm, or entity to whom the Quotation is addressed.
1.3. ‘Quotation’ denotes these terms and conditions along with the details and documents forming part of the Company’s offer.
1.4. ‘Works’ refers to the services described in the Quotation and any changes or additions to these services carried out by the Company.
1.5. ‘Contract Sum’ is the amount exclusive of VAT payable to the Company for the completion of the Works, adjusted for any variations or additional payments as outlined. VAT will be added as required by current regulations. Discounts are only applicable if specified in the Quotation.
1.6. ‘Site’ means the designated area or premises where the Company will perform the Works.
2.General
2.1. The Company is entitled to work continuously in a logical sequence during standard working hours. Should there be any interruptions or restrictions beyond the Company’s control, or if overtime is necessary to make up lost time, the Customer will be responsible for any additional costs incurred. Standard working hours are from 08:00 to 17:00, Monday to Thursday, and 08:00 to 16:00 on Fridays.
2.2. The Customer may request changes to the Works without invalidating the Contract. Any change will be valued before the Company proceeds. If no agreement is reached on the price and the Company performs the additional work at its discretion, the additional work will be priced based on the Company’s daywork rates.
3.Commencement and Completion
3.1. The Works will commence and be completed within a reasonable time after accepting the Quotation or within any agreed period specified in writing.
3.2. The Company is not liable for delays caused by factors beyond its control. If delays occur due to such factors, the Company is entitled to an extension of time and for any related suspensions.
3.3. If delays are caused by the Customer or their agents, the Company will be entitled to compensation for any additional costs incurred.
3.4. If the Company fails to complete the Works within the agreed timeframe due to reasons not specified in 3.2 or 3.3, the Company will not be liable for any losses or costs unless an agreed rate of liquidated damages is included in the Contract. The total liquidated damages claim will not exceed 10% of the original Contract Sum.
4. Payment
4.1. For Works extending beyond 4 weeks, the Company may issue stage payments. For Works completed within 4 weeks, payment will be due upon completion.
4.2. Stage payments will be issued at intervals of not less than four weeks from the start date. Interim invoices will detail the value of work performed, unfixed materials delivered, and other applicable sums, minus any previous payments.
4.3. The final payment date will be 30 days from the due date.
4.4. Upon completion of the Works, the Company will issue a final invoice covering the total value of work done and any additional amounts due. The final invoice date is the due date, and payment is due within 30 days.
4.5. If the Customer fails to pay by the due date, the Company may suspend the Works after giving 7 days’ notice. Work will not resume until payment is made in full. The Company will be entitled to reimbursement for any costs and losses incurred due to such suspension.
5.Risk
5.1. Risk for unfixed materials passes to the Customer upon delivery to the Site. Such materials remain the property of the Company until full payment is received.
5.2. The Customer bears the risk for damage to materials incorporated into the Works, except where damage is caused by the Company’s negligence.
6.Statutory Requirements, Fees, and Charges
6.1. The Customer is responsible for obtaining all necessary statutory consents and approvals unless otherwise stated in the Quotation.
6.2. The Customer must reimburse the Company for all statutory fees and charges related to the Works, which will be added to the Contract Sum.
7.Insurance
7.1. The Customer must insure against loss or damage to the Works, unfixed materials, and any existing structures, including their contents.
7.2. In case of loss or damage, the Customer must instruct the reinstatement and repair as a variation, with costs valued under clause 2.2.
Existing Structures and Attendances
8.1. If unforeseen conditions or obstructions cause additional costs, the Customer will be responsible for these costs.
8.2. The Customer will provide free water and power required for the Works.
9.Exclusions
9.1. The following are excluded unless stated in the Quotation: electrical power supplies, fixed scaffolding or access systems, safety lighting, waste removal, skips, performance bonds, and Principal Contractor duties under CDM Regulations.
10.Termination
10.1. The Company may terminate the Contract immediately if the Customer breaches any of these conditions.
10.2. If the Customer becomes bankrupt, has a receiver or administrator appointed, goes into liquidation, or makes a composition with creditors, the Company may terminate the Contract immediately by written notice.
10.3. Upon termination, the Company is entitled to the value of work done, any monetary entitlements, loss of profit on uncompleted work, and other costs incurred due to termination.
10.4. In the event of termination, the Customer agrees to allow the Company access to the Site to reclaim unfixed materials, plant, and equipment.
11.Limit of Liability
11.1. The Company’s liability under this Contract is limited to 10% of the Contract Sum, as permitted by applicable law.
12.Applicable Law
12.1. This agreement is governed by the laws of England and Wales.
13.Dispute Resolution
13.1. Disputes will first be attempted to be resolved by senior representatives of both parties within 10 days. If unresolved, the Managing Directors of both parties will meet within a further 10 days to resolve the dispute.
13.2. Either party may refer disputes to adjudication under the Scheme for Construction Contracts (England and Wales) Regulation 1998 (Amendment) (England) Regulation 2011.
13.3. The Adjudicator will be appointed by the President or Vice President of the Royal Institute of Chartered Surveyors.
13.4. Disputes not resolved through adjudication will be finally decided by litigation.
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