A - Payments.
1. Full payment on a final invoice will be due 7 days from the invoice date
2. We will be entitled to interim payments (if applicable) and the interim invoice will be due for payment on receipt.
3. In the event there is a dispute with the invoice or work carried out, any disputes should be raised in writing within 7 days of invoice date. Should we not receive it within this time period, payment is due and any disputes will be initially dealt with internally. In the event that our invoice is not paid within 7 days of the invoice date, or in the case of a dispute, we have not received any correspondence within the 7 days - interest will accrue from 7 days after the invoice date at a rate of 8% per annum.
B - All Materials and goods delivered to the site will remain the property of S.P. Marks Services Ltd until the customer pays for them in full via payment of our invoice.
C - All quotations are valid for 28 Days from the quotation date. Prices cannot be guaranteed after this date.
D - Whilst all due care will be taken, we cannot be held responsible for any cracking or damage that may occur by movement or vibration in the structure during the course of the works.
E - Whilst all due care will be taken, we cannot be held responsible for dust/dirt that may be caused during the period of our work, nor can we be held responsible for any damage caused to personal items left within our ongoing work area. These should be removed, relocated or covered before arrival on site.
F - The work covered by the quotation may require building regulation/planning approval from the local council. Our price does not include for any fees payable to the council for the Building Control Officer\Planning Officer’s inspection or for any work they may deem necessary, unless otherwise stated in our quotation.
G - Schedule changes
1. Notification of changes to the agreed schedule of works should be made by email or in writing to S.P. Marks Services Ltd prior to two working days before the agreed start date. Please note that we will charge reasonable out of pocket expenses incurred from the change of plans if notice has not been given prior to 2 working days before the start date.
2. Any additional works that are to be carried out will be priced initially verbally which will be subject to the customers cancellation rights, and then confirmed in writing if agreed. These will be known as extras.
H - Whilst we will take all due care with works carried out, in the instances of pointing, rendering and any other cement related works, we cannot guarantee against weather having an effect on it.
I - We will be allowed reasonable access to your water, electricity and toilet facilities at your cost. You will make available reasonable storage space for the duration of the works.
J - We are obliged to carry continuous Public Liability insurance and sight of our policy is available on demand.
K - We will be responsible for all health and safety issues relating to the works being carried out.
L – Any delays should be discussed with the customer as soon as they become apparent. Additional charges will be calculated per day per man if the delay is caused by the customer.
M - You are responsible for all legal requirements (Including planning and building regulations)
N - You have the right to end the contract if without reasonable cause (without affecting your other legal rights and remedies):- 1.We stop work for 14 working days You can send us written notice by recorded delivery telling us to re start within 2 days or to work more consistently. If we do not respond within 7 days the contract is deemed to be ended. However, we can still use our legal rights and remedies. Any monies due will be subject to section A of these terms and conditions. The customer is entitled to use the outstanding balance to pay another trader to put the work right/finish the job.
O - Without affecting our legal rights and remedies we can suspend or end this contract in one or more of the following circumstances:-
1. If the works is subject to an interim bill and fail to pay on the terms for interim payments (A1).
2. If you, or anyone you employ, or relation, or agent interfere with or obstruct the work or fail to make the site available for us (without good reason) for the contract period (or any one or more of these)
3. If you become bankrupt or go into liquidation or make a composition or arrangement with your creditors (or any one or more of these) After we use our right to suspend this contract we can end it if you are still at fault, we will be entitled to all payments under section 1 and any costs involved in suspending or ending the contract. We are also entitled to claim for any losses we suffer (including loss of profits) resulting from suspending the contract. However, you can still use your legal rights and remedies under the terms and conditions of trading of S.P. Marks Services Ltd.
P - The defects liability period for the attached schedule or works will be twelve months from the completion date. During this period we will put right any defects due to faulty workmanship or materials at our cost unless the below applies.
However, we will not be responsible for any one (or more) of the following defects:-
1. Due to the conditions of the site or relevant property, that existed before we began work. This condition will only apply if:-
a. We consider the condition of the site or any property next to it or the access to it may affect the work and we advise this. We will have carried out our duty by giving you that warning. If you insist that we carry out the work with the site or relevant property in this condition you should confirm in writing and it will be at your risk.
b. If the condition of the site or any property next to it the access to it will affect the work and this condition could not be foreseen before the work started.
c. Caused by you or any other persons or caused by an event, which happened after completion date.
d. The materials were supplied by you.