Relative Groundwork Limited

Company registration number 4392972

Vat No 791 9212 09

 

Terms and Conditions

 

1. Parties, Definitions and Interpretation.

In these terms and conditions (referred to as "The Terms" in this document) the singular will mean plural and plural will mean singular.

The company (Relative Groundwork Ltd) will be otherwise referred to as Relative Groundwork or RGW operating under licence to use the trading name and branding. (Abbreviated for these T's & C's as RGW.)

 

The customer will mean the customer for whom RGW are carrying out the works and the terms and conditions do not distinguish between a domestic customer and a corporate customer, unless a specific contract is specifically executed in writing and countersigned by a director of RGW and the corporate customer, these terms and conditions will take precedence. The customer shall refer to the customer and the customer's agent and both are deemed served with a notification if either party is issued with such a notification or an invoice or any documentation. The Contract shall refer to the agreement between RGW and the customer to carry out the work(s).

In writing includes email and letter except where it comes to terms and conditions. It is specifically understood by the customer and RGW that the terms are not altered by exchanges of email or letter and any such confirmation is simply a supplement and acts as such. These terms and conditions are deemed valid unless a director of RGW and the Client or Clients agent signs a variation to it.

Masculine will infer feminine and feminine will infer masculine in all cases.

Days will be calendar days

 

2. Accounts

 

2.1 A customer will not have a credit account unless agreed between the RGW and the customer. To set up a credit/trade account, the customer will be required to complete an account set up form, please request. RGW will assess the application and if agreeable to open a credit account, a credit account agreement pack will be issued and executed between RGW and the customer in writing.

Accounts will be strictly 14 days from date of invoice and invoices will be issued immediately on completion of the works or stages of works. Where a contract has a rolling part performance, invoices will be issued at agreed milestones depending on the arrangement. In any event the end of the 14th day must settle the invoice or it will be deemed overdue.

 

2.2 RGW reserves the right to refuse a customer an account and is not required to give a statement of reason(s) for such refusal.

 

3. Estimates & Payments

 

3.1 RGW will issue a rate quotation or a firm quotation once the enquiry has been analysed and/or a site visit carried out. The rates as per our rate card on our website will only be varied if specifically given in writing.

 

In the case of a firm quotation that will be given in writing and while the vast majority of jobs/quotes do not go over the estimate, the are deemed approximate until all work is opened up and specific for the work surveyed or described by the customer or from photographs taken/provided. In the event that a job requires more than the envisaged work, the customer will be advised and prior to the cost being incurred. A job may take a longer or shorter duration than the estimated time and the customer will be aware that the time will be charged as follows:

         Minimum 1 hour per tradesperson

         Each ½ hour thereafter rounder up to the nearest ½ hour

         Materials at cost plus 10%

         Special plant and equipment at cost plus 10%

         Delivery at cost plus 10%

         Or a specific quoted amount in writing by our office

 

Our tradesmen/engineers are not permitted to quote and provide an estimate of time & material to the office and we quote thereafter.  Means of settling invoices are as follows:

         Cheque with authorisation card

         Bank transfer

•         

       

 

A VAT invoice will be issued from our office following completion of the works or stage of the works.

 

3.2 In cases where we have issued a fixed price lump sum quotation, there will be no variations, either credits or extras to the contract unless specifically agreed by both parties as out of scope. In a case where there is a dispute as to whether a body of work is a variation, and RGW have issued an out of scope notice that is disputed, the Federation of Master Builders contract (works under £50,000) will govern the resolution of such a dispute.

 

3.3 Unless specifically varied on the quotation, RGW will require payment for 30% of the lump sum price prior to commencement of the works and 70%on completion of the works.

 

3.4 Completion of the work will be determined when RGW advise the customer and or the customer’s agent that the work is complete, save for minor defects (Practical Completion). The customer will have 7 days to issue one snag list. RGW will have 7 days to complete the snag list and on completion of the snag list, the customer or customer’s agent will sign it off.

 

3.5. Estimates are subject to amendment or withdrawal any time prior to the instruction to proceed on foot of our approximate estimate PC-001. All estimates 30 days or older are deemed withdrawn and subject to amendment upwards or downwards.

No contract is deemed to exist until the customer accepts the estimate either verbally or in writing and all estimates are subject to alteration until the work begins on site at deemed acceptance by both RGW and the Customer. The commencement of works on site is deemed as full acceptance by the customer and RGW.

 

4. Variations to the price.

 

4.1 Save for 3.2 above, where a fixed price lump sum contract is in place, RGW are not obliged to advise the customer of a change to the scope until the works are completed (unless the additional cost is materially higher i.e. 30% or greater that PC 001) band the settlement of account PC-004 is prepared and offered for settlement by RGW to the customer for signature and payment prior to the tradesman leaving the property.

 

5. Rates

 

5.1 RGW's rates can be inspected at our office Relative House, 5 Roberts Mews, Orpington, Kent BR6 0JP during normal business hours Mon to Fri 9am to 5pm.

We reserve the right to make changes to the rates without notice to our customers. If a rate has changed since the approximate quotation, RGW will be obliged to notify the customer prior to acceptance and a new approximate quotation issued. If RGW fail to notify and issue a new approximate quotation, rates will be charged at the lower of the two rates in question.

 

5.2 Rates are charged at half hourly intervals and all time is rounded up to the nearest 1/2 hour. A minimum of 1 hr is chargeable and after 5pm and Saturday, Sunday and public holidays a minimum of 2 hrs. Are chargeable unless work is carried out under a fixed fee arrangement

 

5.3 We do not charge a callout fee but there is a minimum charge of 1 hour for all trades (after 5pm, Saturday, Sunday and all holiday periods its a minimum of 2hrs. unless work is carried out under a fixed fee arrangement)

 

5.4 All rates are subject to VAT

 

 

6. Late Payment

 

6.1 All credit accounts will be 30 days from date of invoice unless otherwise agreed in writing by RGW. All other bills must be settled within 14 calendar days.

 

Interest of 12% above bank of England base rate will be charged on overdue accounts.

 

6.3 No certificates or O&M manuals will be issued in a case where payment is outstanding beyond the due date.

 

7. Cancellation Policy

 

7.1 If the customer cancels the planned works 7 days in advance of the planned date, there is no charge. If the customer cancels the job with 7 days of the start date a charge equal to the materials cost plus 15% is payable where a no show on keys or access less than 24 hrs. the full amount is payable by the customer.

 

7.2 In the case of a block booking of a tradesman or trades men for a defined number of hours or days as specified by the customer, the customer will be responsible for the full amount of that time allotted. In the event that the job(s) take a shorter time, the customer will be obliged to utilize the tradesman's time in the carrying out of further jobs or may elect to discharge the tradesman in the knowledge that the full allotted time booked will be paid for by the customer.

 

8. The Property Crew Way

 

Our trade’s men are trained and briefed in the manner in which we expect them to behave in your home or property. In the most unlikely event that you are concerned in any way please contact our office and we will attend to the matter promptly. We are passionate about the foundations of our core service

 

A. Our Skill and craftsmanship

 

B Our Courtesy and Reliability

 

C. Our respect that we are in your home and the way we leave it and interface with you, as our customer is vital to our success and our brand.

 

Our trades are issued with a code of conduct document and every effort is made to ensure we hold true to our codes of practice and values as above, however cannot accept consequential liability for matter not entirely within our control.

 

9. Force majeure

 

9.1 RGW will not be responsible for an act of Force Majeure (strike, lock out, storm, earthquake or acts of God as defined in Insurance terms and conditions) and RGW will not be responsible for any loss or damaged caused by the inability to carry out our work as a result.

 

10.0 Dates for start and completion.

 

10.1 Whilst RGW will always endeavour to arrive on time and complete works on time, times and dates are regarded as approximate and we will not accept any loss, direct or consequential as a result of changes to the dates planned.

 

11. Indemnities, Insurances & Obligations

 

11.1 RGW will make available to the customer our Employers, contract works and Public Liability insurance. We will not accept any responsibility for design carried out by others nor should any advice given as to how a job should be executed be deemed to constitute design. A full breakdown of our insurances and limits of indemnity and any restrictions is available at our office in Relative House, 5 Roberts Mews, Orpington, Kent, BR6 0JP. We will attach a summary to our PC-001 in each case. The customer shall indemnify RGW against all loss, damage, claims, demands and charges arising out of a customer breach of obligation, representations or warranty.

 

11.2 The customer shall disclose all knowledge relating to the state of repair of a property that would be material to RGW in the carrying out of their works. No responsibility will be taken for damage caused as a result of a customer’s failure to advise RGW of a risk that was known to exist within the property.

 

11.3 RGW's liability for damage or Loss will be limited to the following:

Repair or making good and reinstating the works to the condition they were in prior to the works being carried out pursuant to clause 11 below.

 

Injury, Loss or death as a direct result of negligence on the part of RGW

Reasonable cost of repair or replacement of the works fabric only.

We will ne be responsible for professional fees over 20% of the cost of the cost of repairing the works fabric.

We will not be responsible for consequential loss however so occurring.

 

12.0 Defects and responsibility there under.

 

12.1 In contract works, RGW will be responsible for the rectification of a defect which has manifested itself within 6 months of the works being carried out. In the case where a defect manifests itself after the 6 month period, the defect will not be covered howsoever it arises. RGW will be responsibility for the rectification of the defect only in the specific area where RGW carried out its works. RGW will require the customer to make the defect known to RGW in writing within the stipulated six months. RGW and its insurers will inspect the defect and where RGW is satisfied the defect is in fact caused by RGW's workmanship, the defect will be repaired without delay. RGW will not be responsible for the failure of materials where supplied by others nor any disruption or consequential loss that such a defect had upon a customer.

 

12.2 In the event that RGW are required to attend site and it is found that the defect is not the responsibility of RGW, we reserve the right to charge an hourly rate for the time taken to inspect. In the event that works were required to be opened up and the responsibility for the defect was not that of RGW, we will require payment for the repair of the works to make good and close up.

 

RGW will not be responsible where the following occurs:

 

a. Misuse or abuse of the works or fabric of the works

 

b. A guarantee provide by a manufacturer will not be counter guaranteed by RGW

 

c. Structures or Systems that we did not install or installed only in part

 

d. Failure of the works as a result of design by the customer’s agent(s)

 

e. Failure of the works as a result of undisclosed factors or circumstances not disclosed by the

Customer

 

f. Failure of the works as a result of other contractors or agents working on behalf of the customer.

 

g. Drainage damaged by subsidence or roots of trees

 

h. Subsidence of a structure not built in its entirety by RGW.

 

i. Radon gas under floor slab

 

j. Pyrite in substructures

 

k. Damage caused by malicious cause or accidental cause other than by a RGW tradesman

 

13.0 Removal of Waste

 

13.1 Whilst RGW will remove all rubbish to an approved waste disposal site at the customers cost, and leave the job clean and tidy, the customer will be responsible for the removal of all waste that has not been created by RGW or paid for by the client.

 

14.0 Damage caused by frost, flood, snow or intense heat.

 

14.1 RGW will not be responsible for damage caused by frost (frozen pipes), water penetration above DPC or the effects of snow or intense heat.

 

15.0 Inspection and sign off of Customer payment confirmation

 

15.1 The customer will be required to inspect the works immediately on completion (or as soon as practicable but not less than 24 hours from the date of completion) If the works are not to the satisfaction of the customer or customers agent, the customer will be required to give a written note of the defects within 7 days. RGW will attend to the defects and offer same for re inspection within 14 days of receipt of the written notice.

Under no circumstances will the customer withhold payment for the works pending the outcome of this process. The customer payment advice will be offered for signature to the customer or customer’s agent and failure to sign off will not result in a delay in payment to RGW.

 

16.0 Access

 

The customer will provide uninterrupted access to RGW to carry out their works. Any skips, skip permits, parking bay suspension will be arranged by the customer (advice on this will be given by RGW's customer service agent)

It is the responsibility of the customer to ensure that the work environment is safe and free of hazards at all times. If the works require access to drains and utilities, it will be the responsibility of the customer to make arrangements in this regard.

The customer will provide a set of as built plans if available to guide RGW in the works being carried out.

If the works require access to neighbour’s or 3rd party properties, the customer will be responsible for arranging such access and permissions.

The customer will indemnify RGW against and claims as a result of 3rd parties being adversely affected by the works unless of course there is a clear blatant breach of duty on the part of RGW.

If access is obstructed or impossible, the customer will settle RGW's account and arrangements made to ensure access and allow the job to be rescheduled.

 

17.0 All utilities necessary and storage of goods and tools overnight

 

17.1 The customer will provide power and water necessary for the execution of the works by RGW where necessary.

 

17.2 The customer will allow RGW to store materials and tools overnight for execution of the works if the work spans over 2 consecutive days or more. The customer will ensure all insurance is in place to cover such tools, equipment and materials for the duration of the works.

 

18.0 Permission to execute works.

 

18.1 RGW will assume if called by a customer that the customer (if not the property owner) has the landlords prior consent to execute the works. We will not be held responsible for any loss resulting in a dispute between a landlord and tenant or joined in any dispute between a landlord and a tenant.

 

19.0 Rights and Remedies in common law

 

19.1 Nothing contained in these terms and conditions shall prejudice RGW or the customers rights under common law.

 

19.2 The jurisdiction for resolution of disputes if they arise will be deemed to be the Laws of England & Wales.