Terms & Conditions
1. Save where otherwise agreed in writing Bates Building and Carpentry Ltd (‘the Company’) shall execute the works on the following terms and conditions, which are incorporated into the contract between the Company and the customer and the acceptance of the Company’s quotation will signify acceptance of these terms and conditions.
2. The Company shall comply with and give all notices required by any statute, any statutory instrument, rule or order or any regulation or bye-law applicable to the works and shall pay all fees and charges in respect of the works legally recoverable from it.
3. The Company shall complete the works in accordance with this quotation with due diligence and in a good and workmanlike manner using materials and workmanship of the quality and standards therein specified.
4. The Company shall use its best endeavours to complete the works within any period of time specifically agreed in writing between the Company and the customer, but this will not form the basis of the contract and the Company shall not be liable for any delays caused by reasons beyond its reasonable control, including but without prejudice to the generality of the foregoing, inclement weather and delays in obtaining materials from suppliers.
5. In the event of any variation to the works by the customer, either orally or in writing, this variation will be confirmed by the Company in writing/email and unless the order is rescinded within seven days shall be treated as confirmed.
6. Wherever possible a quotation will be given for any additional works or variations to the contract, but otherwise will be charged at a fair price based on the variation.
7. The Company will not be liable to the customer for any unforeseen site conditions not apparent at time of survey and without opening up the existing structure or groundworks.
8. If on installation the building is found to have any structural defects, infestation or other serious defect the Company shall inform the customer accordingly and agree to postpone the works until the customer, at the customer’s expense, has rectified the problem.
9. In the event of any such postponement the Company shall be entitled to be paid for all materials on site.
10. All materials and equipment on site which form part of the contract works shall remain the property and be in exclusive possession of the Company until such time as the contract sum has been paid in full.
11. Value Added Tax will be charged at the rate prevailing at the time of completion of the works. Bates Building do no accept cash or cheque as payment.
12. The Company shall be entitled to payment as follows and as detailed in this quotation:
a. Deposit with order
b. Stage payments
c. Balance in full on completion of work.
13. The Company shall be entitled to charge interest on all outstanding monies at the rate of 5% over Bank of England Base rate prevailing at the time the monies are due.
14. In the event of any dispute arising during the course of or subsequent to completion of the contract the customer will not be entitled to withhold payment in excess of an amount representing a reasonable valuation of the work required to rectify or replace any allegedly defective works which are the subject of the dispute.
15. The quotation includes for essential making good after fitting/installation but does not include for redecoration and ancillary works such as refitting curtain rails, alarms, telephone points etc.
16. In addition to its statutory obligations the Company guarantees the works against faulty materials and workmanship after installation as follows:
a. Hardwood and PVCu extrusions and vacuum formed panels are guaranteed not to discolour or degenerate structurally for a period of ten years
b. Sealed double glazed units are guaranteed not to form condensation within the cavity for a period of five years
c. All mechanical parts such as locks, hinges, handles etc that are subject to wear and tear are guaranteed against malfunction under normal use for a period of one year
d. New roof replacements are guaranteed for a period of 5 years
e. UPVc fascia and soffits guaranteed for a period of 5 years
f. All work and materials used in major structural work (i.e. extensions, conversions, structural renovations) guaranteed for a period of 10 years
g. All work and materials used for the installation of new kitchens and/or bathrooms guaranteed for a period of 3 years
h. Minor general building work (i.e. plastering, painting, brickwork) guaranteed for a period of 5 years
17. This guarantee is conditional on the works being adequately and properly maintained and does not cover any physical damage caused by misuse, impact, abrasion, or cleaning with a non-proprietary chemical.
18.Notice of any claim under this guarantee must be made in writing to the Company within fourteen days of the alleged defect becoming apparent.
19. This guarantee is not transferable unless requested in writing and agreed to by the Company, and is subject to an administration fee, which will be advised by the Company at the time of the request.
20 Work area.
20.1 The work area is to be made as clear as possible by the client unless prearranged by email or as stated on the quote by Bates Building. If Bates Building have to move any such items there may be charges in doing so and Bates Building aren't responsable for any damage incurred.
20.2 All children and pets are to be kept away from the work area at all times as the area can be unsafe. Bates Building don't accept any responsibility for any injury or escape of pets.
20.3 Any breakable items must be removed from the work area and any spaces leading up to the work area prior to work commencing.
20.4 We will protect all areas where work is taking place to reduce any mess and or damage.
20.5 If the work area e.g kitchen or bathroom is being used before works are completed, Bates Building will not be responsable for any unknown damage caused. This also applies to any contractor hired by the client.
21. Quotations, estimates, payments and deposits.
21.1 We offer a free quotation service with one site visit and one amendment to the quote/estimate. Any subsequent visits or amendments to the quote will incur a fee. £50 +VAT for quote/estimate amendments and £60 +VAT for each site visit. If the client requires a breakdown of the quote We would charge a fee for this depending on our time spent on the quote and the detail required. If the client requires such minute detail, then the client may require the services of a Quantity Surveyor depending on the level of detail needed.
21.2 The quote/estimate we provide will be valid for 30 days.
21.3 We take a 10% deposit to secure a start date. We do not make any arrangements for a job until we have received a deposit. Weekly interim payments to be made each Friday or a day in the week we both agree on. A 10% retainer will be kept by the customer until the job is signed off to the customer’s satisfaction.
21.4 Missed payments will incur a fee if a notice of at least 7 days hasn't been given.
21.5 Bates Building reserve the right to withdraw from any quotation agreed by client.
21.6 If working from plans, Bate Building can only provide an estimate for works. A fixed quotation can only given if a schedule of works has been provided.
21.7 Bates Bulding will only supply materials that are stated in the quotation.
21.8 Payments and or weekly installments are not to be witheld unless notification via email to Charlie@batesbuilding.co.uk or George@batesbuilding.co.uk is given in advance.
21.9 If a dispute arises the client can only withhold payment owed to us written in email to George@batesbuilding.co.uk or Charlie@batesbuilding.co.uk to the value of the dispute and not the entire amount owed.
22. Snags and purchase/variation orders.
22.1 Any snags must be raised within 7 days of the invoice, or if the snag occures after the invoice was raised then we must be made aware of any snags within 7 days.
22.2 Any wood products bought by the client must be stored flat in dry and warm conditions. We can't guarantee a quality finished product if the materials are warped.
22.3 If the site is cold, doors and floors may swell up especially if plastering has taken place. Plaster holds a lot of water and so wood products will absorb this. Heating must be on to lower moisture content in natural products. Doors may hit the frame if they have not adjusted properly to the environment. If the customer insists we plane the doors down before they have adjusted then a purchase order must be raised.
22.4 If the work changes from the original quote/estimate after the work has started this will require a purchase order. This includes any work not previously discussed in email which will be an amendment to the quote. See 2.1. We will send a price for the extra work which must be agreed before we continue. Payment for the extra works are due within seven days of invoice.
22.5 If the client doesn't agree the price for the purchase order we will simply complete the work as per original quote/ estimate and take no responsibility if any other work is affected by this. The client is entitled to hire another contractor to do the work outlined in the purchase order, but if we are held up in waiting for said contractor to do the work so we can continue our work, we will charge for the interruption to our time.
22.6 Any materials supplied by the client must be there at time of fitting. Any materials that are missing/damaged at the time of fitting and require us to return outside of the time allowed will be charged for. We are not obligated to accept delivery for clients materials if we are not on site.
22.7 If the project is in the completion stage and we are waiting on materials to be provided by the clientto complete the project, we will require the final paymentto be made with a 10% retainer of the original retainer left for the client for the remaining tast to be completed. Similarly, if we are unable to finish the job because of weather conditions to complete an external job we will require the final payment to be made with 10% of the original retainer left for the client for the remaing task to be completed.
22.8 If Bates Building are held up by any tradesmen hired by the client or waiting for a clients delivery, we will counter charge for any time lost as a result.
22.9 Bates Building are not responsible for kitchen sizes, layouts or anything else the clients measures.
22.10 Any timberwork, roof rafters, stud work or floor joists may shrink over time due to humidity while the timbers adapt to their enviroment. If we are asked to fill or repair any cracks or issues relating to the shrinkage to the timbers we will be entitled to charge for the repair work.
22.11 If a client instructs any employees or subcontractors from Bates Building to undertake any work then Bates Building will be entitled to charge accordingly.
22.12 The client will have up until the plastering starts to add any extras to the project. Once plastering has started Bates Building reserves the right to carry out any extras until the job is complete.
23. Job timelines.
23.1. If for any reason the start date of the job moves due to unforeseen issues e.g party wall issues arising, we can’t guarantee we will complete the work the on the completion date originally specified.
23.2. Any project where the client delays or postpones the start date for any reason will have to be organised as a new project as we will have to reorganise materials, deliveries and tradesmen to ensure as smooth a transition as possible. This will incur additional charges of around £60+vat.
23.3. Extra work added after the project has started can and will cause the job to run over the time expected. (See condition 4).
23.4. In the event the job gets postponed and we have to adjust the jobs on the timeline, a charge of £50+VAT will be chargeable. (If requested by client).
23.5. We are to be made aware of any conflicting works that are organised outside of our remit of a minimum of one week or more prior to work commencing. This is to be able to arrange an alternative schedule if possible. (See condition 22.7).
23.6. We will not rearrange our work schedule for any works outside of our remit if it means losing time doing so. If so, this will be chargeable.
23.7 Clients are not permitted to instruct our team members on how to conduct or carry out their work. They may only discuss minor details with the tradesmen before the work commences and not during or after. If the client wishes to make any changes then they will have to raise any changes with a member of the management team, either Charlie Bates or George Bates. See condition 22.4 (purchase orders).
23.8 If the client prevents Bates Building LTD or associated team from completing the work i.e late or delayed deliveries of doors, kitchen, fittings etc, Bates Building LTD will be entitled to receive payments as agreed in the quotation email or any other stage payments they outline. This will include receiving 80% of the retaining payment.
23.9 Our prices allow for working ot be continous and undertaken during normal working hours, without any obstructions.
23.10 Any restrictions to access have to be outlined from the beginning to allow us to be able to cost it into the works. Any restrictions to access after the project has started will have to be agreed by email only and by both parties.
23.11 When works are in the completion stage, Bates Building wil only return for works when there is a significant amout to do. Bates Building wil not visit site multiple times for small works as it isn't productive for the company to do so.
24. Job Details
24.1. All job details regarding positions of fixtures and fittings, paint colour, shape and design of handles etc must be confirmed before the job starts. Any delays regarding details will incur additional charges for any lost time. If the job has already started and the client then asks for something diffirent which wasn't previously agreed, any extra labour and parts will be chargable.
24.2 Bates Building must be made aware of any changes of layout or additional fittings by email only. The client is not to instruct the team on site before speaking to the project manager or George Bates or Charlie Bates.
24.3 When pricing off plans with no detailed specification, only the items listed on the quote will be included in the price. It is up to the client to read the quote carefully to make sure all the jobs they would like done are included.
24.4 The company is not responsible for the sizes of any kitchens, stairscases, door frames or anything other measurable items that the company have not priced for or measured.
24.5 The company is not responsible for any measurements of kitchens, stairs or door frames made before they have built or plastered the walls.
24.6 The company will not supply or fit any Nest or Hive boiler products. Any such products must be made clear to the company prior to quoting.
24.7 If the company has not provided the architect drawings or structural specification, the company is to build as per architects drawings and take no responsability if they are incorrect.
25.1 We are not liable for the charges to suspending permit parking bays for delays out of our control e.g weather, road obstructions or delays to the work. Permit suspension bays are charged to all RPZ zones and are charged from the council at a rate of £27 per day.
25.2 Any items on the quote or specification which are labled TBC or are unspecified are subject to price changes.