1. PRIORITY OF TERMS
Unless otherwise agreed in writing. by Jask Builders (The Builder) these conditions which supersede any earlier sets of conditions appearing in the Builder’s quotations or elsewhere shall override any terms or conditions stipulated incorporated or referred to by the Customer whether in the order or in any negotiations.
2. MATERIALS
(a) All materials specified are offered subject to the usual trade conditions imposed by the suppliers of such materials.
(b) Unless otherwise specified, credit has been allowed for any materials necessarily removed to allow the execution of the work.
3. LIABILITIES
Except as expressly agreed, the Builder shall provide all labour, materials and equipment necessary for the proper execution of the work. Every care will be taken in the use and fixing of materials or goods (if any) are to be supplied by the Customer but no responsibility for their suitability or for damage cased to them during fixing is accepted .
4. INSURANCE
Irrespective of any insurances taken out by the Builder, the Customer should advise his insurers that building works are being carried out on his property and satisfy himself that he is adequately covered by insurance against loss or damage by fire or other risks arising out of and during the progress of the building operations.
5 .ACCEPTANCE & COMPLETION.
Estimates are valid for a period of sixty days from date on estimate.
The date agreed for completion is subject to alteration, in the event of delays occuring through inclement weather, strikes, or lockouts affecting the Building Industry, additions or variation to the works described in the estimate or any causes beyond the Builder’s control.
6. DEFECTS
Defects which exist at or may appear within three months from the completion of the works if proven to arise from workmanship or materials not in accordance with the estimate will be made good by the Builder at his own cost. Notice in writing of such defects must be given to the Builder before the expiry of the period stated.
7. PAYMENT
of such accounts. If payment is not made within 14 days as aforesaid, then the Builder shall be entitled to charge interest from the date of the account at the rate of 5% per annum above Lloyds Bank current base rate, on sums outstanding or accounts overdue.
(b) In the event of the Customer’s premises being destroyed or substantially damaged by fire, the customer shall be at liberty to terminate the Contract upon paying the Builder for the work actually executed and materials supplied appropriated to the Contract.
8. NON-PAYMENT OF ACCOUNT
If the Customer shall fail to make the payment provided for in Clause 9 hereof at the times and in the manner aforesaid the Builder:-
(a) May suspend the work on the Contract until such payment is made and/or
(b) May determine the Contract by notice in writing to the Customer and upon such determination the Customer shall pay:
(i)The value of the works carried out by the Builder at the date of determination and
(ii) The cost of all materials supplied by the Builder and delivered to the site and all materials and goods properly ordered for the work for which the Builder shall have paid or is legally bound to pay and in such an event such goods or materials if not already on the site shall be delivered to andto the site to remove the same on making allowance to the Customer for any such goods or materials retained by the Builder.
(iii) Any Contract loss or damage including loss or damage which the Builder has sustained by reason of the breach of Contract of the Customer.
(iv) Interest on any such sum due by the Customer to the Builder as from the date of such determination of the Contract at the rate stated in Clause 9.
(c) Should the work be resumed, the costs insured by the Builder in cessation and resumption shall be paid by the Customer.
9. MATERIALS
The ownership of unfixed materials shall not pass until all materials shall have been paid for in full. All materials on the site, fixed or unfixed, are at the sole risk of the Customer and in the event of the same being damaged, destroyed or stolen the Builder shall be entitled to full payment thereof and also for any work damaged, destroyed or loss, and the cost of replacing any such materials and of reinstating or restoring any such work shall be charged as a variation under Clause 4(a) provided that the Customer shall not be responsible for any loss occasioned solely by the negligence of the builder.
10. CONSEQUENTIAL LOSS
(a) The Builder shall not be responsible for damage, injury or loss of any kind whatsoever to any property or persons howsoever caused arising out of the works.
(b) The Builder shall not be liable for any claim whether brought against the Customer or against the Builder either under any Statute or at Common Law by any person arising from any cause other than the Builder’s negligence or default or that of the Builder’s employees and the Customer shall indemnify the Builder against any such claim and the costs of any legal proceedings.