Contract for works between TAP & HAMMER & Customer
This contract consists of this document and any other specifically agreed and referred to in this document. Documents agreed to be part of this contract override the standard terms of this contract. Errors and omissions excepted.
1.0 Agreement between the Customer
TAP & HAMMER: JAMES DEBRUYNE (trading as TAP & HAMMER) or their appointed sub-contractor(s)
ADDRESS: 51 Toft Street, Leeds LS12 4BG
PHONE(S): 07703 793339
2.0 The Works
All as described in quotation and any accompanying written communication detailed below
2.2 – Timetable
The works will be carried out between the hours of 08:30 to 17:00 Monday to Friday excluding public holidays.
2.3 Access and facilities
The Customer agrees:
– to provide free access to all areas necessary to complete the works.
– to provide free of charge parking facilities for all TAP & HAMMER vehicles. If unable then all parking charges or fees incurred in doing the job will be fully reimbursed by the customer
– to provide free reasonable use of utilities and one toilet.
– to give access to the premises during normal working hours and provide clear unimpeded access to the product concerned. If access is only available outside of normal working hours, then the Customer agrees the labour costs of the remedial works is fully chargeable.
2.4 Work amendments
– If due to unforeseen difficulties the works need to change this section applies. TAP & HAMMER will do their best to agree the revised description with the Customer in writing as soon as possible and to give the Customer a fixed quote where reasonably possible for any change in price.
– TAP & HAMMER’ price for the works is the price quoted. This is a fixed price to include permissions where agreed and all works as described in the quotation and all foreseeable difficulties. Any exceptions to this fixed price will be clearly and fairly described in writing by TAP & HAMMER
3.1 Price changes
The agreed fixed price will change only as follows:
– if the Customer asks for a change in the works which will involve a change in price.
– if TAP & HAMMER hit an unexpected and unforeseeable snag which involves a change in price
– if TAP & HAMMER have clearly and fairly spelt out in a contract document or these terms and conditions or other communication circumstances in which the price may change.
– TAP & HAMMER will endeavour to inform the Customer promptly and give a reasonable estimate of that change otherwise no increase can be charged. In any case the rates charged shall be the same as those the original estimate was based. If overtime is unavoidable then TAP & HAMMER may increase the labour charge to the true overtime rate.
– tiling costs are based on a standard of ceramic tiles sized 300x300mm. Variations from this standard may incur additional costs.
– TAP & HAMMER will invoice the final portion of the agreed price within 7 days of completion. The Customer agrees to pay all invoices in full within 7 days of the invoice date.
3.3 Late payment
– If the Customer fails to pay an invoice on time TAP & HAMMER will charge interest at 10% above Bank of England base rate from the date payment was due until payment is cleared by their bank. Any goods supplied by TAP & HAMMER will stay TAP & HAMMER’ property until payment is made in full. If the Customer fails to pay that amount for 30 days or more, or becomes insolvent, TAP & HAMMER may enter the premises at any time and recover property to the value of their debt with their only obligation being to make the property safe afterwards.
– It is the Customers responsibility unless agreed otherwise to obtain all permissions. It is TAP & HAMMER responsibility to carry out works to comply with legal standards. However, this responsibility is only for issues that are expected to be general knowledge of a contractor.
– TAP & HAMMER cannot be assumed to understand everything about an individual property unless appropriately and adequately informed in writing. Issues that are not fully explained to TAP & HAMMER are the sole responsibility of the Customer.
– Sometimes works hits unexpected difficulties that make the whole job lengthier and costlier than expected. Unless the difficulties are ones that TAP & HAMMER should have foreseen as an expert contractor, in which case the job must still be finished when agreed, then TAP & HAMMER’ duty is to perform whatever additional work is needed to complete the job. All additional works will be subject to an additional works agreement signed by both parties.
TAP & HAMMER agree to:
– carry out all works to the agreed specification
– use materials that are fit for purpose and new (unless agreed by the Customer otherwise)
– meet technical standards and warranty promises in literature
– ensure their subcontracted works comply to or exceed the standards of TAP & HAMMER
– store all tools and equipment safely at the end of each working day
– comply with Health & Safety standards whilst on site
– leave site in a clean & tidy condition bearing in mind the works carried out
– ensure that where it is TAP & HAMMER’ responsibility all rubbish is removed from site
– ensure all staff & subcontractors demonstrate appropriate respect for the Customer’s home and surroundings
– TAP & HAMMER will for a period of 12 months from completion honour all appropriate warranty claims arising from products supplied by TAP & HAMMER other than through fair wear and tear. Some products warranty periods are shorter than 12 months, so they apply pro rata.
– No warranty claims will be entertained until payment is received in full.
– TAP & HAMMER will inform the Customer of guarantee rights and pass on all appropriate documentation only once the account is settled in full. Where possible warranty rights will be passed on to the Customer. TAP & HAMMER will not take legal proceedings on the Customers behalf but will assist where practicable.
– TAP & HAMMER will upon request show a copy of their public liability insurance certificate.
– The Customer can cancel this contract at any time until works commence. Should cancellation occur any monies paid will be forfeit. If the Customer cancels or postpones the contract within 14 days of agreed commencement date, then the Customer shall be responsible for all loss of earnings and/or profit in full or if work has begun then 50% of outstanding the sum shall be paid as compensation to TAP & HAMMER whichever is greater.
5.1 TAP & HAMMER’s fault
– If TAP & HAMMER has made a serious breach of this contract, or any minor breach which continues after at least one written warning, then the Customer can send TAP & HAMMER a letter stating what is wrong and insisting that it is put right within 10 working days. If matters are then not put right within those 10 days, the Customer can terminate the contract with immediate effect by written notice to TAP & HAMMER. Put right means corrected to the Customer’s reasonable satisfaction.
– Terminating under this clause means that the Customer is still liable for the contractor’s costs for all materials and works completed to that stage. Another contractor may be employed to put right the disputed works but full disclosure of the contractor’s invoices detailing both time and materials costs is required and payment to TAP & HAMMER completed within 14 days of completion of remedial works.
– TAP & HAMMER have the right to veto or substitute contractors under this clause.
– The Customer may terminate this contract immediately if TAP & HAMMER becomes insolvent.
5.2 Customer’s fault
TAP & HAMMER may terminate this contract if the Customer:
– becomes insolvent, or
– does not pay any sum when due, or
– makes it unreasonable or persistently difficult for TAP & HAMMER to carry out the works, or
– does anything else which is in serious breach of their obligations under this agreement
TAP & HAMMER will give the Customer 10 days’ notice in writing to put right the issue. During that time the Customer will be liable for additional costs and/or loss of earnings incurred by TAP & HAMMER at their standard rates.
– TAP & HAMMER and the Customer agree to work constructively and fairly to resolve any dispute, or if that doesn’t succeed then by asking for the opinion of a skilled Quantity Surveyor or Architect (costs to be shared equally by TAP & HAMMER and Customer). If the issue(s) are still not resolved then to both go to court or adjudication.
– No dispute about agreed price can be entertained once work has commenced.
– Either party may refuse to accept the appointment of an expert, so long as they do so within 10 working days of the other party asking for the expert. However, one party’s refusal will be taken into account in court.
5.4 Delays not TAP & HAMMER fault
Delays can occur that are outside the control of TAP & HAMMER. These can include but not be limited to: weather, supplier problems, illness, unforeseen problems
If such an event occurs TAP & HAMMER will let the Customer know as soon as reasonably possible. TAP & HAMMER will attempt to minimise disruption and delay. So long as TAP & HAMMER does these things then the agreed time for completion will be deemed to be extended by whatever delay is unavoidably caused by that event.
– The Customer acknowledges that he/she has read this Contract and understands and agrees to be bound by its terms, conditions and charges. The Customer further agrees that this Contract is the complete and exclusive statement of the mutual understanding of the parties and that this Contract supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Contract.
– TAP & HAMMER’ liability for all loss and damage (whether arising in contract or in tort) shall be limited to the total charges paid in respect of the works specified overleaf
– In no event shall either party have any liability for indirect, special or consequential loss or business profit, goodwill, or anticipated savings arising in connection with this Contract even if advised of the possibility of such loss.
– Except in respect of a claim for non-payment of moneys due under this Contract, no action regardless of form arising out of the provision of the works under this Contract may be brought by either party more than 6 months after the cause of action has accrued.
– The Customer agrees that upon payment of the agreed deposit and non-signing of this contract work will commence as if it had been signed and all terms have been agreed to in full.
The customer agrees to these terms & conditions by accepting any supplied estimate.