Terms and Conditions
1. Definitions
In this Agreement:
1.1 “the Company” refers to Fetcham Construction Ltd.
1.2 “the Customer” is any person who has employed the services of the Company. This definition includes businesses/traders using the Company as a subcontractor.
2. Agreement
2.1 The Customer acknowledges that by using the Company's services, they agree to the Terms and Conditions herein.
2.2 If the Customer has entered into a written contract with the Company any conflicting conditions will be resolved by deferring to the written contract.
3. Price of work
3.1 The customer acknowledges that delays and additional expenses may arise during the work. This may occur if:
3.1.1 The Customer has requested additional work.
3.1.2 The Customer makes changes to the original plan of work.
3.1.3 Additional unforeseen work is required to make the building compliant with Building regulations.
3.1.4 Reasonably unforeseen work is required that was not visible on inspection of the property at the time that the quote was provided.
3.1.5 Force majeure events, such as adverse weather, fire, flood, and pandemics.
3.2 Unless a price has previously been agreed between the Customer and the Company, any additional labour will be charged between £20 and £30 per hour (plus VAT) for each Company employee working on site.
3.3 The Company will notify the customer if any additional work is required when it becomes aware.
3.4 The Customer acknowledges that the Company is best placed to determine how long it takes to complete the work. The Customer accepts that for the Company to complete the work to a good standard the length of time taken may be longer than originally quoted or estimated.
3.5 Any additional materials ordered by the Company will be charged at cost plus a 10% administration fee. This includes but is not limited to:
3.5.1 building materials;
3.5.2 paint;
3.5.3 fixtures and fittings (e.g., lights, switches, sockets, bathroom fittings); and,
3.5.4 any other materials required to finish the work or requested by the Customer.
3.6 If there is an unprecedented rise in the price of materials, following the acceptance of the quote the Company reserves the right to charge the difference to the Customer. In this case, evidence will be provided of the rise in price to the Customer.
3.7 If the Customer delays the work, then the Company reserves the right to reschedule the work without incurring liability. This can result in several weeks delay as the Company may have to reschedule around existing projects. This includes, but is not limited to when the Customer:
3.7.1 does not have the correct fixtures/fittings on-site as needed by the Company.
3.7.2 does not make decisions in a timely manner.
3.7.3 does not remove all furniture.
4. Payment Schedule
4.1 All invoices are due upon receipt unless otherwise agreed.
4.2 If the customer queries an invoice, they should raise their query immediately with the Company in writing.
4.3 Ownership of any property or materials used by the Company in providing the service shall remain with the Company until full payment has been made according to these Terms and Conditions.
4.4 The Customer acknowledges that any quotes which refer to an estimate can be subject to change.
5. Customer’s responsibilities
5.1 In contracting the Company the Customer agrees to:
5.1.1 Provide the Company with access to the premises where needed between the starting date and when the work is completed.
5.1.2 Clear completely of furniture or belongings in any areas that are subject to work as previously agreed.
5.1.3 Allow the Company to carry out work in the order that they consider necessary to complete the work in a timely fashion.
5.1.4 To give access to washrooms and toilets or make available temporary facilities.
5.1.5 To ensure that there is a readily available supply of mains water and electricity.
5.1.6 If necessary, notify their household insurers about the work that is to be undertaken, to ensure that their cover is adequate.
5.1.7 Take notice of all warnings the Company gives about any health and safety or environmental risks they are taking to prevent or minimise.
5.1.8 Not knowingly allow people living in or visiting the premises, particularly children, to be exposed to any dangers from the work.
5.1.9 Purchase any necessary fixtures, fittings, or materials in time for the work to be carried out.
5.1.10 Communicate politely and professionally with the Company. The Company reserves the right to refuse service without incurring liability should the Customer speak to any employee or subcontractor of the Company in a demeaning or derogatory manner.
6. Company’s responsibilities
6.1 The Company agrees:
6.1.1 To carry out the work set out in the drawings/specifications with reasonable care and skill and to a good standard.
6.1.2 To use materials that are of good quality and suitable for their purpose.
6.1.3 To be at the premises regularly and as required to carry out the work.
6.1.4 To notify the Customer in good time of the dates when items are required to be selected or purchased to minimise any risk of delay.
6.1.5 To pass on any product guarantees for products installed as part of contracted works.
6.1.6 To have in place appropriate insurance, covering all risks public liability insurance.
6.1.7 To take practical steps to minimise health and safety risks to the Customer and other people living in or visiting the premises.
6.1.8 To deal with the Customer politely and professionally.