FWP Plumbers Nottingham Ltd - CONDITIONS OF BUSINESS
In this Agreement the following words have the following meanings:
“Agreement” means the agreement between the Customer and the Contractor as described in these terms of business and the Quote;
“Contractor” means the individual or company who is to provide the Services to the Customer;
“Customer” means the person(s) who purchase the Services from the Contractor;
“Goods” means as described in the Quote and all incidental materials used for the carrying out of the Services;
“Normal Working Hours” means between the hours of 8 am and 4.30pm, Monday to Friday and excluding Bank Holidays;
“Services” means the works as described in the Quote;
“Quote” means the verbal statement or documentation issued by the FWP that sets out the Services.
2. Quote and Price
2.1 The price for the Services shall be quoted in the Quote and shall be exclusive of any value added tax.
2.2 The Quote may be accepted at any time within a period of 30 days from the date of Quote and, if not accepted within such a period, shall lapse. In the event of the Quote being accepted within such a period of 30 days, the FWP may:
2.2.1 by giving notice to the Customer at any time up to 7 days before delivery, increase the price of Goods to reflect any increase in the cost to the FWP which are due to factors that are beyond the reasonable control of the FWP which occurred after completing the Quote, in such an event the Customer may cancel the Agreement provided that he notifies the FWP in writing within 7 days of any such notice from the FWP;
2.2.2 make an extra charge in respect of any period of time during which he is unable to proceed with the work on account of delays which have arisen through no fault of his own; and
2.2.3 make a reasonable additional charge for any extra costs incurred where the Customer requires work to be done outside of Normal Working Hours.
2.3 Unless otherwise stated, the Quote does not cover any work by other trades. If work by other trades is specified within the Quote, FWP reserves the right to nominate sub-contractors to effect the same at its discretion. Any disputes arising from such sub-contracted work will not be reason for withholding payment for other work included in the Quotation, including that affected by FWP and/or their other sub-contractors.
2.4 The Quote is given and the Services undertaken by FWP on the understanding that:
2.4.1 all necessary licences, authorities or planning permissions, including the consent of the landlord are first obtained and any costs involved covered by the Customer;
2.4.2 unrestricted access to the premises will be given by the Customer to FWP in order that the Services may be undertaken; and
2.4.3 FWP has the use of all necessary facilities at the Customer’s in order that FWP can undertake the Services.
2.4.4 any additional costs incurred by FWP as a result of this clause not being strictly observed, may result in an additional charge.
2.5 Any defects of deficiencies found in an existing building or flues or in an existing system which requires to be attended to for satisfactory completion of the Services or to satisfy statutory requirements and not specifically referred to in the Quote shall be the responsibility of the Customer. If the Customer arranges for any part or the whole of such work to be carried out by FWP it shall be the subject of a separate Quote or be charged as an extra on a time and materials basis. FWP reserves the right to refuse to undertake the Services.
2.6 The Customer undertakes to clear all the necessary areas as agreed with FWP before the they commence the Services which, for the avoidance of doubt, includes all furniture and all floor coverings. FWP shall take every care during the carrying out of the work however the Quote does not include any subsequent incidental re-decoration upon the proper execution of the Services.
3. Payment Terms
3.1 Payment of the price and VAT for the Services is due within the time specified on each invoice,from invoice date. FWP will issue Applications for larger contracts and these again will be due from date of invoice within the time specified of application date.
3.2 Time for payment shall be of the essence.
3.3 No payment shall be deemed to have been received until FWP has received clear funds.
3.4 If any sum from the Customer to FWP under the Agreement is not paid on or before the due date for payment then FWP shall be entitled to charge the Customer interest calculated on a daily basis on all overdue amounts until actual payment at the rate of eight per cent (8%) per annum above the base lending rate of the HSBC plc prevailing from time to time until payments are made in full, together with a late payment compensation charge of between £40.00 to £100.00 per invoice in line with:
The late payment of commercial debts (interest) act 1998
The late payment of commercial debts regulations 2002
3.5 If at any time a 3rd party are employed to collect an outstanding balance all fees associated with the recovery become payable’
4.1 FWP shall make every endeavour to carry out the Services within the period stipulated or if no period is stipulated within a reasonable time.
4.2 Due to changes in the design or modifications by the manufacturers of Goods or materials or through lack of availability, FWP may not be able to supply the equipment originally specified in the Quote. In such event FWP, with the agreement of the Customer, shall supply a satisfactory and reasonable alternative item and the price shall be adjusted accordingly.
4.3 Unless expressly otherwise stated, where drawings are submitted with the Quote they shall be for demonstration purposes only. They should not be relied upon by the Customer and they are not prepared to specifically show the type or precise position of construction or installation.
4.4 The Customer warrants that any specifications they give to FWP for the completion of the Services or in relation to any Goods or material will be accurate and complete.
4.5 Any drawings or designs prepared by persons other than FWP or any supplies and any extra work necessary caused by defects in such drawings or designs shall be charged as an extra under Clause 2.3 on a time and materials basis or be the subject of a separate Quote.
5. Title and Risk
5.1 Risk in any Goods or materials used to complete the Services shall pass to the Customer immediately upon the items being delivered to the Customer, for the avoidance of doubt, any necessary replacement Goods or materials will not be included in the Quote and the Customer will be charged an additional charge for any replacements Goods or materials.
5.2 Full legal, beneficial and equitable title to and property in the Goods shall remain vested in FWP(even though they have been delivered and risk has been passed to the Customer) until:
5.2.1 payment in full, in cash or cleared funds, for all the Goods have been received by the FWP; and
5.2.2 all other money payable by the Customer to FWP on any other account or under the Agreement or any other agreement has been received by FWP
5.3 Until full legal, beneficial and equitable title to and property in the Goods passes to the Customer:
5.3.1 the Customer shall hold the Goods on a fiduciary basis as the FWP’s bailee;
5.3.2 the Customer shall store the Goods at its premises in a proper manner in conditions which adequately protect and preserve the Goods and shall insure them without any charge to the Contractor; and
5.3.3 FWP may at any time, on demand and without prior notice, require the Customer to deliver the Goods up to FWP and FWP may repossess and resell the Goods if any sum due to FWP from the Customer under the Agreement on any other account or under any other agreement is not paid when due.