Read the full Terms and Conditions for Clarke Construction Group, including details on services provided, client obligations, payments, cancellations, privacy policy, and legal agreements.
1.1 References to any statutory provision, authority, rule, or code of practice shall be deemed to include the amended versions, replacements, or successors of such.
2.1. The Client engages The Company to provide the services specified in these terms and conditions and attached schedules.
2.2. No term of this agreement or course of dealings between the parties shall operate to make The Company an employee or agent of the Client.
2.3. Neither party shall assign or transfer any of their rights, liabilities, or obligations arising under this agreement without the prior written consent of the other party.
3.1. The Company shall provide to the Client a proposal for the services to be provided (“the Quotation”) which shall set out:
a) The services which The Company will undertake for the Client.
b) The date or time period within which the service will be performed.
c) The prices which the Client shall be charged for the performance of the services including:
i. Any fees which The Company shall charge.
ii. Any disbursements or expenses which The Company will require the Client to meet (including but not limited to the prices of materials).
iii. Any VAT or tax element which will be payable by the Client.
3.2. The Quotation shall be attached to these terms and conditions as a schedule and where a contract is entered into between The Company and the Client, the Client will be deemed to have accepted the content of the Quotation in full.
4.1. The Company will provide such services to the Client as are set out in the Quotation.
4.2. The services will be provided to the Client within the timeframe specified in the Quotation.
4.3. Timeframes and dates of delivery are provided for guidance only, and The Company makes no guarantee that the services will be performed within the specified period. For the purposes of this agreement, time shall not be of the essence, and The Company shall not be liable for any loss or damage suffered by the Client as a result of the delivery of services being delayed or postponed for any reason.
5.1. The contract price is set out in the Quotation, which includes details of the charges which The Company will make for labour, materials, and plant, as well as any taxes or additional costs or expenses or disbursements which The Company may charge to the Client.
5.1.1. The Company cannot guarantee the prices of materials during any periods of shortage of supplies. Our prices will be amended accordingly.
5.2. The intervals at which The Company may invoice the Client in respect of the whole or an instalment of the contract price are set out in the Quotation.
5.3. Notwithstanding clauses 5.1 and 5.2 above, The Company may vary the contract price from the amount set out in the Quotation where it has provided services which are different or in addition to those set out in the Quotation, either at the specific request of the Client or because it has been required to complete additional work which was not anticipated at the time the Quotation was made, or because of market fluctuations in the price of materials.
5.4. The Client agrees:
a) Not to withhold any sums due to The Company.
b) To settle all invoices raised by The Company within 7 days of the date of invoice.
c) To pay to The Company interest at a rate of 5 percentage points per annum above the Bank of England base rate on any payments which are not settled in accordance with section 5.4(b).
d) To pay to The Company such costs and expenses as it may incur in recovering payment from the Client where the Client fails to make payment in accordance with these terms and conditions.
6.1. In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Client may cancel this contract within 14 calendar days of signing this agreement (or within whatever extended period The Company may specify in the Quotation) and shall be entitled to a full refund of any monies paid to The Company, less an amount representing any reasonable administration costs which The Company has incurred. Any cancellation outside this period will not entitle the Client to a refund of any monies paid.
7.1. The Client shall be responsible for the correctness of all measurements for products or materials which the Client gives to The Company. Where these measurements are not correct and accordingly materials or products which are ordered or provided by The Company are the wrong size, the Client shall bear the expense of rectifying this.
7.1.1. Where the Client purchases their own products/goods and requests that The Company installs them as part of the contract, The Company will charge a fee to check that the products are in good working order before installation and that all parts are included. The fee charged will be agreed beforehand and will include a sum for profit and overhead. If the Client declines to pay the fee or no fee is agreed, The Company accepts no responsibility for any issues arising from the installation of such products, and the entire responsibility lies with the Client. If any defects or issues are found during installation, and something needs rectifying, term 7.1 applies.
7.1.2. Where the Client chooses to order products during the contract period, and this causes delays, the Client shall be responsible for labour charges if alternative work cannot be found.
7.1.3. The Company reserves the right to decline to install products/materials that the Client has had for some time or that are second-hand where, in some cases, The Company advises against their use as the quality/condition may be inferior and not fit for purpose.
7.1.4. The Company shall not be liable for any damage, loss, or injury caused by products or materials supplied by the Client. In the event that damage occurs, including but not limited to flooding or other property damage, as a result of defects, failures, or inadequacies in the products or materials supplied by the Client, the Client shall bear full responsibility for any costs or liabilities arising from such damage.
7.2. The Client shall cooperate with The Company as may be necessary to facilitate this agreement, including but not limited to:
a) Permitting The Company access to the property or location in which the services are to be supplied (“the Site”) and ensuring that such access is appropriate and adequate.
b) Where the Site is indoors, ensuring that there is adequate ventilation.
c) Providing for The Company such facilities as may be necessary in order to allow it to complete the services.
d) Following The Company’s reasonable instructions relating to safety and the state of work which has recently been completed by The Company or is in the process of being completed, or to the state of the Site in general, including directions and restrictions on appropriate usage, care, and maintenance.
7.3. Unless the Quotation specifies otherwise, the Client will be responsible for any cleaning and redecorating which is necessary to the Site after The Company has completed the agreed services (with the exception of the removal of waste materials or building rubble, which shall be the responsibility of The Company as set out in 8.4 below).
7.4. Where The Company stores or keeps any materials or equipment on Site, the Client shall be responsible for the security and safety of such and shall account to The Company for any loss or damage.
7.5. The Client shall be responsible for any permissions, licences, or consents which are necessary in order for the services to be provided. The Client warrants that they have applied for and obtained all such necessary permissions, licences, or consents prior to contracting The Company.
8.1. The Company shall perform all duties, services, and obligations under this contract with reasonable care and skill and to a reasonable standard. It shall comply with all relevant codes of practice and statutory or regulatory requirements.
8.2. The Company shall take all reasonable care with the Client’s property, including taking reasonable steps to protect the Client’s furnishings, fittings, wall, ceiling, and floor coverings during the provision of the services.
8.3. The Company shall at all times be registered and remain in good standing with such organisations as may be relevant for the purposes of permitting it to self-certify the compliance of the services provided with the relevant building regulations or, alternatively, if it is not so accredited, then it shall make arrangements for a building inspector to certify the compliance of the services provided with the relevant building regulations.
8.4. The Company shall be responsible for managing and arranging the safe and lawful disposal of any waste materials which are generated or removed from the Client’s property as a result of the provision of the services.
8.5. The Company shall at all times hold valid employer and public liability insurance policies.
9.1. Any property rights, title, or ownership in any property or materials which are used by The Company in providing or delivering the service shall remain with The Company until the Client has made payment in full in accordance with these Terms and Conditions.
9.2. Risk in and responsibility for any products or materials which are used in the supply, performance, or delivery of the services shall pass from The Company to the Client:
a) Upon delivery, (where The Company is responsible for delivering the products or materials to the Client); or
b) From the moment the products or materials leave The Company’s storage premises, (where The Company is not responsible for delivery).
10.1. Where the Client considers that any services are defective upon delivery or performance, then the Client shall notify The Company within 30 days.
10.2. Nothing in these terms and conditions shall affect the Client's statutory rights.
11.1. This agreement shall continue until the services (or any mutually agreed addition, extension, or variation thereof) have been provided, or until terminated in accordance with the below.
11.2. Without prejudice to the above, the employment of The Company under this Agreement may be terminated immediately where any of the following circumstances arise:
a) Either party commits a serious breach or persistent breaches of this agreement including but not limited to the non-performance, neglect, or default of any of their duties as outlined herein (including a failure on the part of the Client to make payment within agreed timescales) and after notice of this breach has been given to the defaulting party it remains unremedied and unrectified 7 days after such notice.
b) Either party commits a breach of this agreement which cannot be remedied.
c) Either party becomes insolvent or enters into a CVA or IVA or ceases to carry on the whole or substantially the whole of its business.
11.3. Upon termination of the employment of The Company under this agreement, the Client shall pay to The Company such sums as may represent work done and expenses incurred up to and including the date of the termination.
11.4. Any right to terminate the employment of The Company under this agreement shall be without prejudice to any accrued rights or liabilities arising out of this agreement which are in existence at the date of termination.
12.1. The Company shall not be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this agreement.
12.2. Nothing in these terms and conditions shall limit or exclude The Company's liability for death or personal injury caused by its negligence, or the negligence of its employees, agents, or subcontractors, or for fraud or fraudulent misrepresentation, or for any other matter in respect of which it would be unlawful for The Company to exclude or restrict liability.
13.1. The Client shall indemnify The Company against any loss or damage which results from the Client’s breach of this agreement or failure to abide by any of its terms.
14.1. Neither party shall be liable for any delay or failure in performing its obligations or duties under this agreement which results from circumstances outside their reasonable control including but not limited to acts of God, industrial action, war, fire, threat of terrorism, civil disturbance or rioting, pandemic or epidemic, government or regulatory action, breakdown in plant or machinery, or shortage of raw materials or supplies.
15.1. Both parties and the signatories to this agreement warrant that they are authorised and permitted to enter into this agreement and have obtained all necessary permissions and approvals.
16.1. This document constitutes the entirety of the agreement between the parties. It supersedes any prior representations which may have been made, whether orally or in writing. Any modification to this agreement must be made in writing and signed by both parties.
16.2. This Agreement shall be governed by the Law of England and Wales, and the parties agree to submit to the exclusive jurisdiction of the English Courts.
16.3. All clauses, sub-clauses, and parts thereof shall be severable and shall be read and construed independently. Should any part of this Agreement be found invalid, this will not affect the validity or enforceability of any other provision or of this agreement as a whole.
16.4. All terms, conditions, and covenants contained in this agreement shall bind the parties and their heirs, legal representatives, successors to title, and permitted assignees.
16.5. Nothing in these terms and conditions shall confer any rights on a third party, and no third party may enforce any provision of this contract under the Contracts (Rights of Third Parties) Act 1999.
16.6. The failure by either party to enforce any provision of this agreement shall not be deemed a waiver or limitation of that party’s right to subsequently compel and require strict compliance with every provision of this agreement.