INTERPRETATIONS
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 TLP Building Services Ltd to provide the services specified in these terms and conditions and any attached schedules or quotations.
2.2. No term of this agreement or course of dealings between the parties shall operate to make TLP Building Services 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 prior written consent of the other party.
THE QUOTATION
3.1. TLP Building Services Ltd shall provide to the client a proposal for the services to be provided (“the Quotation”) which shall set out:
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 TLP Building Services Ltd shall charge
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 TLP Building Services Ltd and the Client, the Client will be deemed to have accepted the content of the Quotation in full.
3.3. Jobs to the sum of £5,000 and over may be subject to a mutually signed Service Contract Agreement prior to commencing works, and that this is down to the Company's discretion.
THE SERVICES AND THE TIME AND MANNER OF THEIR DELIVERY
4.1. TLP Building Services 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 TLP Building Services Ltd make 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 TLP Building Services 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.
PAYMENTS
5.1. The contract price is set out in the Quotation, which includes details of the charges which TLP Building Services Ltd will make for labour, materials and plant as well as any taxes or additional costs or expenses or disbursements which TLP Building Services Ltd may charge to the Client.
5.2. The intervals at which TLP Building Services Ltd may invoice the Client in respect of the whole or and instalment invoice of the contract price are set out in the ‘Contract Agreement for Services’.
5.3. Notwithstanding 5.1 and 5.2 above, TLP Building Services Ltd may vary the contract price from the amount set out in the Quotation where he has provided services which are different or in addition to those set out in the Quotation either at specific request of the Client or because he has been required to complete additional works which were 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 TLP Building Services Ltd
b) To settle all invoices raised by TLP Building Services Ltd within upon completion of works, unless otherwise stated on the invoice
c) To pay TLP Building Services Ltd interest at a rate of 5 percentage points per annum above the Bank of England's base rate on any payments which are not settled in accordance with section 5.4(b)
d) To pay to TLP Building Services Ltd such costs and expenses as he may incur in recovering payment from the Client where the Client fails to make payment in accordance with these Terms and Conditions.
CANCELLATION
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 7 calendar days of signing this agreement (or within whatever extended period TLP Building Services Ltd may specify in the Quotation) and shall be entitled to a full refund of any monies paid to TLP Building Services Ltd, less an amount representing any reasonable administration costs which TLP Building Services Ltd has incurred. Any cancellation outside this period will not entitle the Client to a refund of any monies paid.
CLIENTS' OBLIGATIONS
7.1. The Client shall be responsible for the correctness of all measurements for products or materials which he gives to TLP Building Services Ltd. Where these measurements are not correct and accordingly materials or products which are ordered or provided by TLP Building Services Ltd are the wrong size, the Client shall bear the expense of rectifying this.
7.2. The Client shall co-operate with TLP Building Services Ltd as may be necessary to facilitate this agreement, including but not limited to:
a) Permitting TLP Building Services 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 TLP Building Services Ltd such facilities as may be necessary in order to allow him to complete the services
d) Following TLP Building Services Ltd’s reasonable instructions relating to safety and the state of work which has recently been completed by TLP Building Services 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 or redecorating which is necessary to the site after TLP Building Services Ltd has completed the agreed services (with the exception of the removal of waste materials or building rubble, which shall be the responsibility of TLP Building Services Ltd as set out in 8.4 below)
7.4. Where TLP Building Services Ltd stores or keeps any building materials on Site, the Client shall be responsible for the security and safety of such and shall account to TLP Building Services Ltd for any loss or damage.
7.5. The Client shall be responsible for any permissions, licenses or consents which are necessary on order for the services to be provided. The Client warrants that he has applied for and obtained all necessary permissions, license or consents prior to contracting TLP Building Services Ltd.
SUPPLIERS' OBLIGATIONS
8.1. TLP Building Services Ltd shall perform all duties, services and obligations under this contract with reasonable care and skill and to a reasonable standard. He shall comply with all relevant codes of practice and statutory or regulatory requirements.
8.2. TLP Building Services Ltd shall take reasonable care with the Clients property, including taking reasonable steps to protect the Clients furnishings, fittings, wall, ceiling and floor coverings during the provision of the services.
8.3. TLP Building Services 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 to self-certify the compliance of the services provided with the relevant building regulations.
8.4. TLP Building Services Ltd shall be responsible for managing and arranging the safe and lawful disposal of any waste materials which are generated or removed from the Clients property as a result of the provision of services.
8.5. TLP Building Services 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 TLP Building Services Ltd in providing or delivering the service shall remain with TLP Building Services 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 TLP Building Services Ltd to the consumer:
a) Where TLP Building Services Ltd is responsible for delivering the products or materials to the Client, upon delivery; or
b) Where TLP Building Services Ltd is not responsible for delivery, at the moment the products or materials leave TLP Building Services Ltd’s storage premises.
THE GUARANTEE
10.1. TLP Building Services 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 6 months from the completion of the services, notwithstanding that this guarantee shall not apply to:
a) Defects of 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. TLP Building Services Ltd shall, at its sole discretion, determine the manner in which he 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 they shall notify TLP Building Services Ltd of this within 30 days, failing which 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 TLP Building Services Ltd in full, failing which the Client shall not be entitled to claim the benefit of this guarantee.
TERMINATION
11.1 This agreement shall continue until the services (or any mutually agreed addition, extension or variation thereof) have been provided, or until termination in accordance with the below:
11.2. Without prejudice to the above, the employment of TLP Building Services 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 non-performance, neglect or default of any of the duties outlined herein (including a failure on the part of the Client to make payment within the agreed timescales) and after notice of this breach has been given to a 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 TLP Building Services Ltd under this agreement the Client shall pay to TLP Building Services 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 TLP Building Services 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. TLP Building Services Ltd shall not be responsible in any circumstances to the Client or any third party for any loss of profit or indirect consequential economic damage or loss, howsoever caused, whether as a result of negligence, misrepresentation, breach of contract or otherwise.
12.2. Nothing in the foregoing shall be read as restricting or limiting in any way TLP Building Services Ltd’s liability for death or personal injury.
FORCE MAJEURE
Neither party shall be liable for any delay in performing its obligations or duties under this agreement which results from circumstances outside their reasonable control including but not limited to acts of nature, 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 of 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
16.6. The failure by any 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.