Business Terms and Conditions
Home Transformers Ltd of 3 Coldeast Way, Sarisbury Green, Southampton, SO31 7AT will be referred to as HT within the document.
The persons named as person provided with a quotation and is resident at the address will be referred to as The Client within the document.
1) Quotations: It is the Clients responsibility to ensure that HT has been provided with clear information that relates to the work they require. Quotations are provided but are subject to change once drawings have been viewed or any changes made by The Client. The quotation provided from HT will be an interpretation of the client’s requirements and will not include additional works other than that specified by The Client and detailed within the quotation. Charges will be made accordingly to any work carried out that is not detailed within the quotation. All quotations are subject to 20% VAT. Fixed quotations are valid for a 6 month period and are subject to change thereafter should prices of materials change. The quotation is based on HT being given unrestricted access during the hours of 8.00am to 5.30pm Monday to Friday (with any other hours over weekends of which the client is in agreement with). All delays caused by matters outside HT control may be charged in addition to the quotation. HT will give an approx timescale of when the works will be complete, this is a guideline only.
2) Contract: A contract is established once a verbal / written agreement is given from The Client along with a deposit of the amount requested by HT. By making the deposit The Client has fully understood and accepts the T&C set out. The Client has the right to cancel the contract but holds full responsibility for any costs incurred on doing so including materials, time and loss of business for HT. It is requested that The Client confirm the cancellation of works in writing where possible.
3) Additional work : If The Client wishes HT to carry out work where a price has not been agreed and is not included within the original quotation, HT shall charge accordingly, this charge will be agreed verbally, and if requested a quotation provided. HT will provide a separate invoice as and when additional work is completed. The Client will make full payment for the completed additional work as requested by HT.
4) Specification & Drawings: The Client is responsible for ensuring local authority and other statutory approvals are carried out for the work and for ensuring the accuracy of any specification, design or drawings provided to HT. HT will assist where necessary in this matter. Once work has commenced any changes made by The Client to the original drawings/ plans must be discussed with HT. Any changes that are agreed between HT and The Client may reduce or increase the original agreed quotation. HT will offer an honest and open pricing policy to The Client.
5) Commencement of work: As a professional company HT will make every effort to keep to the date given for commencement of the works. In the unlikely event of works being delayed HT will inform The Client immediately with a new start date. HT will endeavour to commence work within 1 week of original start date.
6) Deposit: To secure a booking The Client agrees to make a 5% deposit of original, agreed quotation to HT (unless otherwise agreed). The deposit will be deducted from the written, agreed quotation and a receipt of deposit will be provided to The Client along with a stage payment plan. Should The Client cancel the scheduled work within 1 month of agreed start date it is understood by The Client that some or all of the deposit will be retained? In the unlikely event that the work is cancelled by HT a full refund of the deposit will be given.
7) Stage Payments: HT will provide The Client with a Stage Payment Plan. Payments will be based on an assessment of the total job value. 1st payment is to be received 5 days prior to commencement date for costs incurred such as materials. HT will at regular intervals during the contract, request the interim payments from The Client until the work is complete. The Client is to ensure that payments are made as requested. Payments will signify that The Client has inspected the work to date and confirms satisfaction (including any fixtures and fittings) should there be any dissatisfaction The Client agrees to discuss this with HT. The Client understands that they can retain £500.00 from the final stage payment until HT have completed all work to their satisfaction (snagging) The Client understands this payment will be due within 3 days of completion.
8) Late Stage Payments: Should the Client fail to settle any stage payments within 1 week of request, HT have the right to request any future stage payments become payable. If no stage payments are received within requested timescales HT have the right to cease work. HT are not liable for any costs incurred due to such action.
9) Clearing Spaces: The Client is fully responsible for clearing working areas including the packing and safe storage of personal possessions. The Client understands that HT are not insured for personal possessions of The Client and will not be held responsible for any damage to such items that have not been packed / covered and stored in a suitable area. HT will ensure that furniture is covered with suitable sheeting and will be responsible for the moving of furniture to gain access to the areas of work. HT will not be responsible for any damage caused to furniture unless it is a direct result of negligence from HT.
10) Site Access - HT requires the following to be freely available at all times:
Suitable access to carry out the work
Suitable storage for plant and materials
Supply of electricity and clean water
Use of washing and toilet facilities
11) Company Responsibility: HT will exercise all proper care to ensure that the work is soundly and adequately constructed in the way and for the purpose for which The Client has requested. HT will ensure The Client is kept updated on progress and any potential issues arising from works that may require The Clients opinion in order to rectify. HT will ensure when the work has been completed it complies with all relevant regulations and where necessary obtain certificates.
12) Damages: HT will rectify any defects in structural workmanship reported within 12 months of being completed. This is to include any damage caused from minor weather conditions. HT will not be responsible for damage made from severe weather conditions. It is advised The Client has their own home insurance in place for this purpose. HT will endeavour to be helpful and understanding to The Client in such unlikely matters. HT will rectify any general maintenance defects that have occurred and been reported within 3 months of the work being completed. Charges may be incurred thereafter and will be discussed with The Client prior to any defect being resolved.
13) Outside sub-contractors: HT will not be responsible for any delays or damages caused by sub-contractors employed directly by The Client. The Client understands that they are responsible for the management of independent sub-contractors and will be responsible for any costs incurred should any damage be made to works already undertaken by HT.
14) Claims: The Client shall indemnify HT against all claims, damages and costs arising out of the execution of the works unless such claims, damages and costs can be shown to be due to the negligence of HT. It shall be a condition precedent to the consideration of any claim that HT has been negligent, that written notice of the alleged act of negligence be sent to Mr James Thompson, 3 Coldeast Way, Sarisbury Green, Southampton SO31 7AT.
15) Party Wall Agreements: The Client is responsible for gaining ‘Party Wall’ agreements (details of ‘Party Wall’ agreements available on request). The Client is responsible for notifying, informing and agreeing with the neighbours the manner and sequence of any work to be undertaken.
16) Business Hours ; HT will be available to The Client Monday - Friday between working hours of 8.30am - 5.30pm or that have been otherwise agreed (including weekends). HT will be available to The Client outside agreed working hours for emergencies or for discussing works that may have a direct result in the work progressing the following day.
17) Insurance: HT has Public Liability insurance cover up to a limit of £2,000,000 and should be available for The Client to view. The Client shall ensure that the property is fully insured for normal risks for the duration of the contract.
18) Safety: HT will ensure that all equipment, materials and working areas are left as safe as possible. It is the responsibility of The Client to ensure the safety of residents and visitors at all times (not employed by HT)
Should any term in this contract be held to be invalid such invalidation will not affect the validity of the remaining terms. HT have the right to change these terms and conditions at any time.