- 1. Application
These Terms and Conditions shall apply to the provision of the services detailed (“Services”) by VT Plus Construction LTD a company registered in United Kingdom under number 12008684 whose registered office is at 135 Hilton Road, Mapperley, Nottingham, NG3 6AR (“Supplier”) to you (“Client”). No other terms and conditions shall apply to the provision of Services unless agreed upon in writing between the Provider and the Client.
2. Interpretation
2.1 A “business day” means any day other than a Saturday, Sunday, national holiday or bank holiday.
2.2 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
2.3 Words imparting the singular number shall include the plural and vice-versa.
3. Services
3.1 With effect from the commencement date stated in this quotation and in consideration of the Fees being paid in accordance with these Terms and
Conditions, the Supplier shall provide the Services to the Client.
3.2 The Supplier shall use reasonable care and skill in its performance of the
Services and shall ensure compliance with any and all relevant codes of practice.
3.3 The Supplier shall use its best and reasonable endeavours to complete its performance of the Services within the time agreed as set out in this quotation; however time will not be of the essence in the performance of these obligations.
4. Client Obligations
4.1 The Client shall use its best and reasonable endeavours to provide the
Supplier with access to any and all relevant information, materials, properties and other matters which are required to enable the Supplier to provide the Services.
4.2 The Client shall use its best and reasonable endeavours to acquire any
permissions, consents, licences or other matters which are required to enable the Supplier to provide the Services this includes checking with the local council for any protection orders and house deeds for any restrictions over tree works.
4.2 The Supplier shall not be liable for any delay or failure to provide the Services where such delay or failure is due to the Client’s failure to comply with the provisions of this Clause 4.
4.3 The Supplier can not be held responsible for damage to the client’s property. It is the clients responsibility to sufficiently cover/protection.
4.4 The Supplier reserves the right to ask the client to remove items/vehicles etc before works commence. If this is not adhered to, any damage caused will not be the Suppliers responsibility and the supplier will not accept liability.
5. Fees [and Deposit]
VT Plus Construction Ltd
135 Hilton Road Mapperley Nottingham NG3 6 AR
Tel 0764242265
Email: info@vt-plus.co.uk
Registered Company Number: 12008684 VAT Registration Number: 326673291
5.1 The fees (“Fees”) for the Services are set out in this quotation.
5.2 In addition to the Fees, the Supplier shall be entitled to recover from the Client reasonable incidental expenses for materials used and for third party goods and/or services supplied in connection with the Services.
5.3 The Client shall pay the Supplier for any additional services provided by the
Supplier that is not specified in this quotation in accordance with the Supplier’s then current, applicable rate depended by the additional services in effect at the time of performance or such other rate as may be agreed between the Supplier and the Client. The provisions of sub-Clause 5.2 shall also apply to such additional services.
5.4 The Fees are inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
5.5 In the event that Supplier is asked to commence work on site too early to undertake a reasonable amount of work per day the supplier reserves the right to submit charges of £200+VAT per employee per day.
5.6 Should Supplier be unable to complete work due to areas being made inaccessible by the client, and therefore called back to site to complete any outstanding works, to include additional snagging after the team has withdrawn from site, charges will be payable by the client to supplier at £200+VAT per employee, per day.
5.7 The Supplier and Client will agree prior to commencement of works, any staged payments which must be strictly adhered too. The Supplier will put in place staged payments for any works totaling £3000 ( Three Thousand Pounds) or above.
6. Quotation, Contract and Variation
6.1 This quotation constitutes written acceptance and confirmation by the Supplier of the Client’s order for the Services (as agreed between the Supplier and the Client).
6.2 Having issued this Estimate which is a contractual offer to provide the Services, the Supplier agrees to enter into a contract for the provision of Services upon the Client’s verbal or email acceptance of this quotation and of these Terms and Conditions.
6.3 This quotation is valid for a period of 3 Months only from the date shown overleaf unless expressly withdrawn by the Supplier at an earlier time.
6.4 Either the Supplier or the Client may cancel the order for any reason prior to the Client’s acceptance (or rejection) of this quotation.
6.5 If the Client wishes to vary any details of the Services it must notify the Supplier in writing as soon as possible. The Supplier shall endeavour to make any required changes and additional costs shall be invoiced to the Client.
6.6 If, due to circumstances beyond its control, the Supplier has to make any change in the Services or the arrangements relating to the provision thereof, it shall notify the Client immediately. The Supplier shall endeavour to keep any such changes to a minimum and shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances.
6.7 Prices set out in a quotation are correct at the time of issue but may be subject to change before terms are agreed, at the Supplier’s discretion.
7. Payment
7.1 Following the Client’s acceptance of this quotation, the Supplier shall invoice the Client for the Fees either:
(a) Upon completion of its provision of the Services; or
(b) On the invoice dates and terms set out in this quotation.
7.2 The Client shall pay the Fees due within when the work has been completed or otherwise in
accordance with any credit terms agreed between the Supplier and the Client.
VT Plus Construction Ltd
135 Hilton Road Mapperley Nottingham NG3 6 AR
Tel 0764242265
Email: info@vt-plus.co.uk
Registered Company Number: 12008684 VAT Registration Number: 326673291
7.3 Time for payment shall be of the essence of the Contract between the Supplier and the Client.
7.4 If the Client fails to make payment within the period in sub-Clause 7.2, the Supplier shall charge the Client interest at the rate of 20% per annum above the Lloyds Bank base rate from time to time on the amount outstanding until payment is received in full.
7.5 Receipts for payment will be issued by the Supplier only at the Client’s request.
7.6 All payments must be made in Pound Sterling unless otherwise agreed in writing between the Supplier and the Client.
7.7 If payment is made in cash a fee of 20% will be added to the total.
7.8 If payment is made by Bank transfer no additional cost will be added.
8. Sub-Contracting
8.1 The Supplier shall be free to sub-contract the provision of the Services (or any part thereof).
8.2 Where the Supplier sub-contracts the provision of the Services or any part thereof it shall ensure that any and all sub-contractors are reasonably skilled in the relevant practices and shall not pass any additional charges that may be incurred through the use of such sub-contractors on to the Client.
9. Termination
9.1 The Supplier may terminate the provision of the Services immediately if:
(a) The Client commits a material breach of its obligations under these Terms and
Conditions; or
(b) The Client is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors.
10. Intellectual Property
The Supplier reserves all copyright and any other intellectual property rights (if any) which may subsist in the products of, or in connection with, the provision of the Services. The Supplier reserves the right to take such action as may be appropriate to restrain or prevent the infringement of such intellectual property rights.
11. Liability and Indemnity
11.1 If the Supplier fails to perform the Services with reasonable care and skill it shall carry out all required remedial action at no additional cost to the Client.
11.2 The Supplier shall not be liable to the Client or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the Supplier’s obligations if such delay or failure is due to any cause beyond the Supplier’s reasonable control.
11.3 The Client shall indemnify the Supplier against all damages, costs, claims and expenses suffered by the Supplier arising from any loss or damage to any equipment (including that belonging to third parties) caused by the Client.
12. Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
13. Communications
13.1 All notices under these Terms and Conditions shall be in writing and signed by, or on behalf of,
VT Plus Construction Ltd
135 Hilton Road Mapperley Nottingham NG3 6 AR
Tel 0764242265
Email: info@vt-plus.co.uk
Registered Company Number: 12008684 VAT Registration Number: 326673291
the party giving notice (or a duly authorised officer of that party).
13.2 Notices shall be deemed to have been duly given:
(a) When delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
(b) When sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
(c) On the fifth business day following mailing, if mailed by national ordinary mail; or
(d) On the tenth business day following mailing, if mailed by airmail.
13.3 All notices under these Terms and Conditions shall be addressed to the most recent address, email address or fax number notified to the other party.
14. No Waiver
14.1 No waiver by the Supplier of any breach of these Terms and Conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.2 No failure or delay on the part of either the Supplier or the Client to exercise any right, power or privilege under these Terms and Conditions shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude, any other or further exercise of any other right, power or privilege.
15. Severance
In the event that one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable).
16. Consumer Rights
Nothing in these Terms and Conditions shall affect the Client’s statutory rights as a consumer.
17. Law and Jurisdiction
17.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
17.2 Any dispute, controversy, proceedings or claim between the Seller and the
Buyer relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
VT Plus Construction Ltd
135 Hilton Road Mapperley Nottingham NG3 6 AR
Tel 0764242265
Email: info@vt-plus.co.uk
Registered Company Number: 12008684 VAT Registration Number: 326673291