1. These Terms and Conditions apply to works carried by Prime Construction Limited, (herein after referred to as Prime Construction) whose registered office is: 36 Scotts Road, Bromley, Kent, BR1 3QD, United Kingdom and whose registered UK Company No. is 11377750, and the customer, as identified and referenced in the quotation provided by Prime Construction.
2. All general questions and queries relating to the contract, the works, or these terms and conditions should be addressed to the operating office of Prime Construction, at: 1 Donemowe Drive, Sittingbourne, Kent, ME10 2RH or by phone to: +44 01795 431378, or by email to: firstname.lastname@example.org.
3. The works are to be carried for the agreed price as detailed in the quotation provided by Prime Construction (subject to possible variations in material costs as advised) and signed as accepted by the Client, plus VAT at the prevailing rate.
4. The works are to be carried out at the address specified in the quotation provided by Prime Construction.
5. Acceptance of the Prime Construction quotation for the works by the Client, includes acceptance of the these Terms and Conditions.
6. The commencement date of the works is as agreed and confirmed following receipt of the signed acceptance by the Client of the Prime Construction quotation.
7. Unless otherwise specifically agreed and documented between Prime Construction and the Client, the anticipated completion date for the works is a provisional estimated date.
8. Any specific mutually agreed variation to these Contract Terms and Conditions shall be detailed on the Prime Construction quotation provided to the Client.
9. Any subsequent mutually agreed variation to these Contract Terms and Conditions as accepted by both parties, shall be recorded as such, and retained by both parties.
10. Such variations as described under 8. and 9. above, will apply in conjunction with these Terms and Conditions except if specifically agreed otherwise and recorded as such.
11. All parties acting jointly as the Client, i.e. commercial enterprises and domestic parties (spouses and co-habiting parties etc.), shall be jointly liable for the fulfilment of these Terms and Conditions relating to any works arising from a specific Prime Construction quotation.
Obligations of Prime Construction.
1. Prime Construction agrees to carry out the work as detailed on the Quotation provided to and duly accepted by the Client, in a timely, professional and competent manner and to meet with all regulatory safety standards and certification requirements at all times.
2. Prime Construction agrees to maintain at all times the relevant required professional accreditation and registration with all relevant UK agencies, and to provide evidence of such accreditation upon request. All statutorily required Certificates of Compliance shall be issued at the completion of all works, where relevant.
3. Prime Construction assures that all operatives involved with the work shall be appropriately qualified and/or skilled for the work they undertake, and that all apprentices and non-skilled operatives shall be properly instructed and supervised at all times.
4. Prime Construction agrees to comply with all Health and Safety requirements and directives as issued by the Health and Safety Executive (HSE) in respect of all parties (Clients, Workers and other persons) as related to and relevant to the work of Prime Construction.
5. Prime Construction obligates that all materials supplied shall be of the standard specified within the quotation provided to the Client and in all relevant cases shall comply with the relevant current British, European or International Standard as appropriate.
6. Where design/installation drawings, calculations and installation or equipment manuals are produced or supplied by Prime Construction to the Client, one copy of each document shall be provided in either paper or electronic format. Where additional copies are requested by the Client these may be subject to charges at the discretion of Prime Construction. All design and installation documents and manuals supplied shall remain the property of Prime Construction until full payment has been received.
7. Prime Construction warrants that all equipment, tools, machinery and sundry items utilised in the fulfilment of its work shall be of the appropriate type and meet current safety standards, at all times.
1. The Client shall ensure that access to the premises and area[s] of the works is cleared of furniture and any other impediments and is available to Prime Construction operatives at all working times, generally Monday to Friday unless otherwise agreed and specified.
2. The Client is responsible for the removal of all personal and valuable items from the area of work prior to the work commencing.
3. The Client Is obligated to ensure that the premises/area of work is appropriately protected from unauthorised access during hours of non-work by Prime Construction.
4. Risk for loss and/or damage for all materials and equipment delivered to the Client’s property or work site or area shall pass to the Client upon delivery and/or acceptance of delivery to the property or work site or area.
5. The Client shall be responsible for the provision of services and facilities (water, electrical and toilets etc.) for use by Prime Construction operatives, unless prior specific alternative arrangements are agreed and recorded as such.
6. Where the works are to be carried out at an unoccupied dwelling or proposed future dwelling of the Client, conditions 1. to 5. above will remain applicable unless prior specific alternative arrangements are agreed and recorded.
7. The arrangement of Gas, Water and Electrical supply company permits, and those required from any other statutory authority, company or organisation, such as, but not limited to; Building Control, Access and Road Use permits etc. shall be the responsibility of the Client unless otherwise specified and agreed accordingly. It shall be the Client’s responsibility to pay all fees or charges in respect of all required permits. Any requirement for Prime Construction to arrange for the installation of such services, facilities and/or permits shall be charged at an agreed price, or rate per hour, prior to the commencement of works.
8. Where the Client employs other trades or companies involved in the same project, or a related or impinging project as Prime Construction carries out, it shall be the Client’s responsibly to organise the other parties and to avoid any impedance of a Prime Construction works. Any delay in fulfilling a contract, causing costs to Prime Construction, as a result of other trades or Client requirements, shall be itemised by Prime Construction and it shall be the responsibility of the Client to defray such costs.
9. The Client shall be liable for any costs arising out of, or related to, any existing and/or old, non standard or poor quality workmanship, adjacent to or connected to the agreed work to be carried out by Prime Construction. Such cost liability shall be in respect of, but not limited to, existing pipework and services, mechanical items, tiled surfaces, wood and paintwork and fixture installations.
10. Unless otherwise agreed and documented, the Client shall be responsible for any incidental redecoration or other works resulting from Prime Construction carrying out any requested work.
Variations and Changes to Quoted Work.
Requested variations or additions to an accepted Quotation[s] and works shall be as agreed and confirmed in writing, including the basis of the agreed charge, and shall be signed by both parties. Or if appropriate, subject to a separate Quotation for signed acceptance by the Client and if necessary making reference to the original Quotation.
Variations to Quoted Price.
Material prices that maybe liable to fluctuation by the manufacturer and/or supplier will be notified to the Client for approval prior to ordering.
Timescale for Works:
1. The indicative timescale for any works to be carried out is as indicated upon the Prime Construction quotation provided to and accepted by the Client.
2. Where a specific timescale and date for the completion of works is agreed by both parties this will be noted on the quotation.
3. If an agreed project commencement date is postponed, or a project is delayed at the request of, or as a result of Client actions, or Client employed other trades or companies involved in the same or adjacent project[s], it shall be the Client’s responsibly to defray any resulting costs incurred by Prime Construction. Such costs shall be itemised by Prime Construction and shall include, but not be limited to, labour, materials, overheads and profit.
Force Majeure and Unavoidable Delays:
1. Prime Construction shall not be responsible for any loss or damage arising out of delay in the completion of any works due to any cause beyond the control of Prime Construction.
2. Neither party shall be liable for any failure or delays to any works which are outside of the reasonable control of either party. Any such events will include, but not be limited to, weather related incidents, natural disasters, general power or services outages – including generalised internet failure, Covid or other pandemic related events and restrictions, and general or project specific supply chain delays or restrictions.
Terms of Payment.
1. The Client agrees to pay Prime Construction’ quoted price including such taxes as statutorily levied by the Government at the rate applicable at the time, in accordance with the terms as detailed herein.
2. Any variations to the standard payment terms will only be as agreed by both parties and recorded as such.
1. Unless otherwise specifically agreed and documented, a 5% (five percent) deposit of the quoted price (plus VAT at the applicable rate) is payable by the Client to Prime Construction, upon acceptance of a Prime Construction quotation, to reserve the allocation of labour resources and material lead times as appropriate.
2. Unless otherwise specifically agreed and documented, a further 20% (twenty percent) deposit of the quoted price (plus VAT at the applicable rate) is payable by the Client to Prime Construction 4 (four) weeks prior to any agreed work commencement date, to cover and/or defray costs of materials, equipment purchased or ordered and labour arranged.
3. The deposit amounts shall be refundable if by client instruction any works do not proceed, with any documented costs incurred by Prime Construction deducted. Such costs shall include but not be limited to, labour allocated that cannot be reassigned, non-returnable materials or equipment ordered or delivered, restocking and other surcharges and transport.
4. The total amount of deposit paid will be deducted from the quoted price for any works. A statement of receipt of the amount of deposit paid and the remaining amount due for the works shall be provided to the Client.
Frequency of Stage Payments.
Unless otherwise specifically agreed and documented, stage payment applications, based on the work carried out, and costs expended such as items ordered and/or delivered and expenditure committed, shall be submitted by Prime Construction after the first two week working period, and thereafter every two weeks until completion of the works.
Payment of all agreed application amounts and final invoices, inclusive of all taxes, shall be made in full by the Client, within 5 (five) working days of their submission by Prime Construction. A dated tax invoice will be provided to the client following receipt of payment for each stage payment application.
Retention of Payment Percentage.
Unless by prior specific and recorded agreement, there shall be no retention percentage, or any variation thereof, applied to any works carried out by Prime Construction.
Method of Payment.
Payment of Prime Construction applications and tax invoices are to be made by direct bank transfer to the following account. No other method of payment will be accepted.
Name of Bank: National Westminster Bank
Sort Code: 60-19-25
Name of Account: Prime Construction Ltd Account.
Unpaid or Overdue Amounts.
1. Overdue payment will, at the discretion of Prime Construction, be charged at the prevailing UK Government recommended rate of interest and compensation for overdue accounts.
2. In the event of default by the client in respect of any sums due, the Client will be liable for all costs incurred by Prime Construction in recovering the outstanding amount[s].
3. Prime Construction shall retain full title to any goods, materials and equipment supplied until payment of the full invoiced amount is received.
4. In the event of any late or overdue payment by the Client or unresolved dispute concerning works and/or payment, Prime Construction reserves the right to discontinue work until the overdue payment is received and/or any dispute is resolved.
Guarantees and Indemnities.
1. Prime Construction guarantees that it will maintain Employee and Public Liability Insurance at all times, and provide evidence of such Insurance upon request.
2. Prime Construction guarantees all work, materials and equipment for 1 (one) year from the date of installation, commencement of use or substantial completion of the works, as appropriate.
3. In the event that a manufacturer or supplier of any equipment or materials provides a guarantee for a period of more than one year, this will be notified to the Client. Any such supplier or manufacturer extension of equipment or materials guarantee shall not apply to any associated works carried out by Prime Construction. It shall be the Client’s responsibility to enforce any additional guarantee exceeding the statutory first year.
4. Prime Construction shall not be liable under the terms of any guarantee if the failure or defect of the materials or equipment is found to be as a result of misuse, or has been caused by any such incidents as indicated under ‘Force Majeure and Unavoidable Delays’ above.
5. In the event of any actual or suspected defect found within the guarantee period – the Client agrees to inform Prime Construction as soon as is practicable after the actual or suspected fault or defect is discovered or observed. The Client further agrees to grant reasonable access to the relevant site or area of work to Prime Construction personnel or representative personnel as appointed and necessary, to inspect and rectify the suspected fault or defect. Failure by the client to notify Prime Construction or deny reasonable access shall invalidate the warranty in respect of the particular issue.
6. The Client shall be responsible for ensuring the safe keeping and insuring as appropriate all equipment and materials delivered to the work premises in preparation for installation.
1. Following acceptance of the Prime Construction quotation for the work to be carried out, if for any reason the Client should wish to cancel or terminate the contract, the Client will be liable for all reasonable related costs and losses of Prime Construction up to the date of termination, including the loss of usual and expected profit.
2. Such costs as indicated above, will be itemised for the Client and invoiced for immediate payment. The costs will include, but not be limited to; labour (including any and all design and administration etc), materials and equipment purchased, including goods ordered but not received, and freight and restocking charges which may be applied by suppliers, and labour booked that cannot be re-assigned. All such termination costs shall include the Prime Construction usual profit element up to the date of termination and if applicable, to the proposed period of the relevant contract.
1. All notifications and communication between Prime Construction and the Client shall be made to the usual registered address or usual electronic address of either party.
2. Notifications and communications can be provided by post (including registered mail), courier or by e-mail. Where receipt of a notification is required it should be requested by the sender and provided by the recipient upon receipt of the notification.
3. All notifications and communications sent and received by either party should be retained.
Confidentiality and Data Protection.
Both Prime Construction and the Client shall at all times respect the confidentiality of all information related to any quotation and/or contract and will at all times observe the requirements of the UK General Data Protection Regulations (GDPR) as amended and effective from the 1st January 2021.
Photographs and Publicity.
1. The Client accepts that Prime Construction shall be entitled to take photographs during the progress of the works, including both before commencement and after completion for their records and for possible publicity purposes.
2. Where any such photographs are used for publicity purposes Prime Construction warrants that no indentifying features or names, relating to both the Client and the location shall be included, unless specifically authorised in writing by the Client.
All contracts and any agreed variations and any resulting adjudication between the Client and Prime Construction shall be covered under the Law of England and Wales.