- West Surrey Construction Limited thereafter referred to as WSC
- Client means any person or company who enters into any agreement to purchase Goods and/or services from WSC
- Goods means articles supplied to or bought on behalf of the client by WSC
- Services means the services provided by WSC
- Terms and Conditions means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by WSC
- Website means the website www.westsurreyconstruction.co.uk owned by WSC
WSC reserves the right to change these Terms and Conditions at any time and without notice. All amendments to these Terms and Conditions will be published on the website and as such you are advised to check the Terms and Conditions as appropriate for such changes.
- these Terms and Conditions shall apply to all contracts for the supply of Goods and Services by WSC and shall prevail over any other documentation or communication from the Client.
- Any variation to these Terms and Conditions will be inapplicable unless agreed in writing by WSC.
- Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which WSC may be entitled in relation to the Goods and Services, by virtue of any statute law or regulation.
- Nothing in these Terms and Conditions shall affect the Clients statutory rights as a Consumer.
The website will be made available on an ‘as is’ and ‘as available’ basis and WSC gives no warranty or any kind in relation to the content of the site or the security of the information transmitted from the site over the internet. WSC disclaims all implied warranties, including but not for the implied warranties of satisfactory quality, completeness, reliability fitness for a particular purpose, non-infringement, compatibility or accuracy regarding the Website.
Data Protection & Privacy
All information, mail messages and other data stored on WSC’s computer system will be treated as private and solely the property of the Client at all times and will not be duplicated, copied, reproduced or viewed publicly in any way except with express or implied permission of the Client and/or for the purpose of WSC’s back up services or providing the Client with the Services and/or for WSC’s own internal purposes such as market research.
All copyright, patent, trade mark, design right and other intellectual and industrial property rights relating to both the Website and other media produced by WSC are and shall remain the property of WSC.
Orders and Quotations
- Any quotations made in writing shall remain the valid for a period of 30 days.
- All orders for Goods and Services, whether verbal or in writing shall be deemed to be acceptance of these terms and conditions.
- WSC reserve the right to withdraw or amend any quotation without notice before acceptance of these Terms and Conditions.
- On acceptance of any quotation WSC will order the goods detailed in the quotation. If subsequent to this order being placed the Client cancels the order the Client will be liable for any costs incurred to WSC in the proper performance of the order for Goods or time to that date.
- The person giving instructions to WSC or ordering work or materials will personally be deemed to be the Client unless it is made clear to WSC who the client is.
- Extras – All extras including professional cleaning will be charged that are not in the quotation before the extra work starts both parties must agree in writing (ie email)
- Any additional work not itemized in the quotation must be agreed in writing before any undertaking of such.
- Any additional work required due to previous bad work practices, ie hidden electric cables, live gas pipes and abnormal building work.
By agreeing to the quotation, you are agreeing to all above T&Cs.
Price and Payment
- All material costs must be paid before the work commences.
- 10% of the labour charge must be paid for before the work commences and then regular stage payments as agreed in the description of work provided by WSC
- If stage payments are late the work will cease and not recommence until funds are cleared.
- Final payments must be paid within 7 days of date of final invoice.
- If the Client fails to make any payment on the day of it becoming due, the day of completion of works, WSC shall be entitle to charge interest at 5% accrued on a weekly basis of the total invoice value and £25.00 administration fee.
- Any invoices that are not settled by 14 days after due date will be passed to a debt recovery agency and will incur an administration fee of £25.00
- Payments that have been rejected will incur a £25.00 administration fee as well as any other bank costs incurred.
- Bank transfer preferred, cheques and cash will incur a £25 admin fee.
- Any date of delivery specified by WSC is an estimate only. Time for delivery shall not be the essence of the contract and WSC shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods.
- All risk in the Goods shall pass to the Client upon delivery.
- Where the goods are faulty or do not comply with any of the contract, the Client must notify WSC within 1 week of delivery and the Client shall be entitled to replacement Goods. After 1 week the Client shall be deemed to have accepted the Goods and shall not after that time be entitled to reject them.
- The Client shall make all arrangements to take delivery of Goods whenever they are tendered for delivery.
- Title in the Goods and materials shall not pass to the Client until WSC has been paid in full in accordance with these Terms and Conditions.
- Should payment not be made in accordance with these Terms and Conditions WSC reserves the right (and shall be allowed access by the Client) to remove any Goods or materials supplied or fitted by WSC. The cost of any damage caused by such removal will not be borne by WSC.
To enable WSC to perform its obligations the Client shall:
- Co-operate with WSC
- Make the site available to WSC for the duration of the works and ensure a safe supply of necessary services and utilities, including while the work is ongoing there must be suitable access, drive way, garage clear for materials, plant or skips.
- All furniture must be moved ahead of time and WCS takes no responsibility for an furniture being damaged if not moved.
- If the is work in one of the rooms the furniture must be removed or there will be an extra charge to remove.
- Protection of existing surfaces (floors, carpets, curtains, doors and furniture etc). Whilst we endeavour to protect existing surfaces with the use of dust sheets and loose plastic sheeting etc along with care in our working practice, responsibility for protection from damage of any existing surface or fabrics etc is the responsibility of the client. Arrangement can be made to put in place protection of existing surfaces, over and above our basic cover, at a negotiated additional cost.
- Provide WSC with any information reasonable required
obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the client.
Limitation of Liability
- Provided that nothing in these Terms and Conditions shall exclude or limit the liability of WSC for death or personal injury, WSC shall not be liable for any direct loss or damage suffered by the Client however caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
- Except to the extent precluded by law, WSC shall not be liable under any circumstances to the Client or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Client however caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
- WSC will not be liable for the fitness for a particular purpose (other than their normal purpose) of any materials or Goods or Services unless that particular purpose has been notified to WSC in writing prior to the commencement of works.
- Where the Client supplys goods or materials, WSC accept no responsibility for any defects or damage and offers no guarantee for these goods or materials.
- For the avoidance of doubt, time shall not be of the essence and WSC shall incur no liability to the Client in respect of any failure to complete the Services by any agreed completion date.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party s hall be entitled to a reasonable extension of its obligations.
If any term of provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.