BUILDING CONTRACT TERMS AND CONDITIONS
1.1. References to any statutory provision, authority, rule or code of practice shall be deemed to include the amended versions, replacements or successors of such.
Relationship between the Parties
2.1. The Client engages Mackenzie Refurbishment IOW Ltd to provide the services specified in these terms and conditions and attached schedules.
2.2. No term of this agreement or course of dealings between the parties shall operate to make Mackenzie Refurbishment IOW Ltd an employee or agent of the Client.
2.3. Neither party shall assign or transfer any of their rights, liabilities or obligations arising under this agreement without the prior written consent of the other party.
3.1. Mackenzie Refurbishment IOW Ltd shall provide to the Client a proposal for the services to be provided (“the Quotation”) which shall set out:
a) The services which Mackenzie Refurbishment IOW Ltd will undertake for the Client.
b) The date or time period within which the service will be performed.
c) The prices which the Client shall be charged for the performance of the services including:
i. Any fees which Mackenzie Refurbishment IOW Ltd shall charge.
ii. Any disbursements or expenses which Mackenzie Refurbishment IOW Ltd will require the Client to meet (including but not limited to the prices of materials).
iii. Any VAT or tax element which will be payable by the Client.
3.2. The Quotation shall be attached to these terms and conditions as a schedule and where a contract is entered into between Mackenzie Refurbishment IOW Ltd and the Client, the Client will be deemed to have accepted the content of the Quotation in full.
The Services and the Time and Manner of their Delivery
4.1. Mackenzie Refurbishment IOW Ltd will provide such services to the Client as are set out in the Quotation.
4.2. The services will be provided to the Client within the timeframe specified in the Quotation. 4.3. Time frames and dates of delivery are provided for guidance only and Mackenzie Refurbishment IOW Ltd makes no guarantee that the services will be performed within the specified period. For the purposes of this agreement, time shall not be of the essence and Mackenzie Refurbishment IOW Ltd shall not be liable for any loss or damage suffered by the Client as a result of the delivery of services being delayed or postponed for any reason.
5.1. The contract price is set out in the Quotation, which includes details of the charges which Mackenzie Refurbishment IOW Ltd will make for labour, materials and plant as well as any taxes or additional costs or expenses or disbursements which Mackenzie Refurbishment IOW Ltd may charge to the Client.
5.2. The intervals at which Mackenzie Refurbishment IOW Ltd may invoice the Client in respect of the whole or an instalment of the contract price are set out in the Quotation.
5.3. Notwithstanding 5.1 and 5.2 above, Mackenzie Refurbishment IOW Ltd may vary the contract price from the amount set out in the Quotation where he/she/they has provided services which are different or in addition to those set out in the Quotation either at the specific request of the Client or because he/she/they has been required to complete additional work which was not anticipated at the time the Quotation was made, or because of market fluctuations in the price of materials.
5.4. The Client agrees:
a) Not to withhold any sums due to Mackenzie Refurbishment IOW Ltd.
b) To settle all invoices raised by Mackenzie Refurbishment IOW Ltd at least 28 days prior to any works commencing.
c) To pay to Mackenzie Refurbishment IOW Ltd such costs and expenses as he/she/they may incur in recovering payment from the Client where the Client fails to make payment in accordance with these terms and conditions.
In accordance with the Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc. Regulations (2008) the Client may cancel this contract within 14 calendar days of signing this agreement (or within whatever extended period Mackenzie Refurbishment IOW Ltd may specify in the Quotation) and shall be entitled to a full refund of any monies paid to Mackenzie Refurbishment IOW Ltd, less an amount representing any reasonable administration costs which Mackenzie Refurbishment IOW Ltd has incurred. Any cancellation outside this period will not entitle the Client to a refund of any monies paid.
7.1. The Client shall be responsible for the correctness of all measurements for products or materials which he/she/they give(s) to Mackenzie Refurbishment IOW Ltd. Where these measurements are not correct and accordingly materials or products which are ordered or provided by Mackenzie Refurbishment IOW Ltd are the wrong size, the Client shall bear the expense of rectifying this.
7.2. The Client shall cooperate with Mackenzie Refurbishment IOW Ltd as may be necessary to facilitate this agreement, including but not limited to:
a) Permitting Mackenzie Refurbishment IOW Ltd access to the property or location in which the services are to be supplied (“the Site”) and assuring that such access is appropriate and adequate.
b) Where the Site is indoors, ensuring that there is adequate ventilation.
c) Providing for Mackenzie Refurbishment IOW Ltd such facilities as may be necessary in order to allow him/her/them to complete the services.
d) Following Mackenzie Refurbishment IOW Ltd’s reasonable Instructions relating to safety and the state of work which has recently been completed by Mackenzie Refurbishment IOW Ltd or is in the process of being completed or to the state of the Site in general, including directions and restrictions on appropriate usage, care and maintenance.
7.3. Unless the Quotation specifies otherwise, the Client will be responsible for any cleaning and redecorating which is necessary to the Site after Mackenzie Refurbishment IOW Ltd has completed the agreed services (with the exception of the removal of waste materials or building rubble, which shall be the responsibility of Mackenzie Refurbishment IOW Ltd as set out in 8.4, below).
7.4. Where Mackenzie Refurbishment IOW Ltd stores or keeps any materials or equipment on Site, the Client shall be responsible for the security and safety of such and shall account to Mackenzie Refurbishment IOW Ltd for any loss or damage.
7.5. The Client shall be responsible for any permissions, licences or consents which are necessary in order for the services to be provided. The Client warrants that he/she/they has applied for and obtained all such necessary permissions, licence or consents prior to contracting Mackenzie Refurbishment IOW Ltd.
8.1. Mackenzie Refurbishment IOW Ltd shall perform all duties, services and obligations under this contract with reasonable care and skill and to a reasonable standard. he/she/they shall comply with all relevant codes of practice and statutory or regulatory requirements.
8.2. Mackenzie Refurbishment IOW Ltd shall take all reasonable care with the Client’s property, including taking reasonable steps to protect the Client’s furnishings, fittings, wall, ceiling and floor coverings during the provision of the services.
8.3. Mackenzie Refurbishment IOW Ltd shall at all times be registered and remain in good standing with such organisations as may be relevant for the purposes of permitting him/her/them to self-certify the compliance of the services provided with the relevant building regulations or alternatively if he/she/they is not so accredited then he/she/they shall make arrangements for a building inspector to certify the compliance of the services provided with the relevant building regulations.
8.4. Mackenzie Refurbishment IOW Ltd shall be responsible for managing and arranging the safe and lawful disposal of any waste materials which are generated or removed from the Client’s property as a result of the provision of the services.
8.5. Mackenzie Refurbishment IOW Ltd shall at all times hold valid employer and public liability insurance policies.
Property Rights and Assumption of Risk
9.1. Any property rights, title or ownership in any property or materials which are used by Mackenzie Refurbishment IOW Ltd in providing or delivering the service shall remain with Mackenzie Refurbishment IOW Ltd until the Client has made payment in full in accordance with these Terms and Conditions.
9.2. Risk in and responsibility for any products or materials which are used in the supply, performance or delivery of the services shall pass from Mackenzie Refurbishment IOW Ltd to the consumer:
a) Where Mackenzie Refurbishment IOW Ltd is responsible for delivering the products or materials to the Client, upon delivery; or
b) Where Mackenzie Refurbishment IOW Ltd is not responsible for delivery, at the moment the products or materials leave Mackenzie Refurbishment IOW Ltd.’s storage premises.
10.1. Mackenzie Refurbishment IOW Ltd provides to the Client, in addition to any statutory rights which the Client may have, a guarantee that the services provided under this contract shall be free from defective or flawed materials or workmanship for a period of 3 years from the completion of the services, notwithstanding that this guarantee shall not apply to:
a) Defects or flaws which are as a result of any misuse, failure to adequately and properly maintain, neglect or failure to follow instructions or recommendations on the part of the Client.
b) Any defect or flaw which is caused by mechanical or chemical damage (which is not in itself a result of some defect in the workmanship or materials) and which arises after risk in the property has passed to the Client.
10.2. Mackenzie Refurbishment IOW Ltd shall, at their sole discretion, determine the manner in which he/she/they will satisfy this guarantee, whether by repairing, re-performing or replacing the services or by refunding to the Client all or part of the monies which have been paid.
10.3. Where the Client considers that the services are defective upon delivery or performance then he/she/they shall notify Mackenzie Refurbishment IOW Ltd of this within 30 days, failing which he/she/they shall not be entitled to claim the benefit of this guarantee.
10.4. This guarantee shall not become effective until the Client has paid Mackenzie Refurbishment IOW Ltd in full, failing which the Client shall not be entitled to claim the benefit of this guarantee.
11.1. This agreement shall continue until the services (or any mutually agreed addition, extension or variation thereof) have been provided, or until terminated in accordance with the below.
11.2. Without prejudice to the above the employment of Mackenzie Refurbishment IOW Ltd under this Agreement may be terminated immediately where any of the following circumstances arise:
a) Either party commits a serious breach or persistent breaches of this agreement including but not limited to the nonperformance, neglect or default of any of their duties as outlined herein (including a failure on the part of the Client to make payment within agreed timescales) and after notice of this breach has been given to the defaulting party it remains unremedied and unrectified 7 days after such notice.
b) Either party commits a breach of this agreement which cannot be remedied.
c) Either party becomes insolvent or enters into a CVA or IVA or ceases to carry on the whole or substantially the whole of its business.
11.3. Upon termination of the employment of Mackenzie Refurbishment IOW Ltd under this agreement the Client shall pay to Mackenzie Refurbishment IOW Ltd such sums as may represent work done and expenses incurred up to and including the date of the termination.
11.4. Any right to terminate the employment of Mackenzie Refurbishment IOW Ltd under this agreement shall be without prejudice to any accrued rights or liabilities arising out of this agreement which are in existence at the date of termination.
Disclaimers and Exclusions
12.1. Mackenzie Refurbishment IOW Ltd shall not be responsible in any circumstances to the Client or any third party for any loss of profit or indirect or consequential economic damage or loss, however caused, whether as a result of negligence, misrepresentation, breach of contract or otherwise.
The Client shall indemnify Mackenzie Refurbishment IOW Ltd against any loss or damage which results from the Client’s breach of this agreement or failure to abide by any of its terms.
Neither party shall be liable for any delay or failure in performing its obligations or duties under this agreement which results from circumstances outside their reasonable control including but not limited to acts of God, industrial action, war, fire, threat of terrorism, civil disturbance or rioting, government or regulatory action, breakdown in plant or machinery or shortage of raw materials or supplies.
Warranty of Contractual Capacity
Both parties and the signatories to this agreement warrant that they are authorised and permitted to enter into this agreement, and have obtained all necessary permissions and approvals.
Whole Agreement, Governing Law, Severability and Miscellaneous Provisions
16.1. This document constitutes the entirety of the agreement between the parties. It supersedes any prior representations which may have been made, whether orally or in writing. Any modification to this agreement must be made in writing and signed by both parties.
16.2. This Agreement shall be governed by the Law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
16.3. All clauses, sub clauses and parts thereof shall be severable and shall be read and construed independently. Should any part of this Agreement be found invalid this will not affect the validity or enforceability of any other provision or of this agreement as a whole.
16.4. All terms, conditions and covenants contained in this agreement shall bind the parties and their heirs, legal representatives, successors to title and permitted assignees.
16.5. Nothing in these terms and conditions shall incur any rights on a third party and no third party may enforce any provision of this contract under the Contracts (Rights of Third Parties) Act.
16.6. The failure by either party to enforce any provision of this agreement shall not be deemed a waiver or limitation of that party’s right to subsequently compel and require strict compliance with every provision of this agreement.
These Building Contract Terms and Conditions are to be read in conjunction with the Mackenzie Refurbishment IOW Ltd Building Contract Key Terms and Conditions.