TERMS & CONDITIONS
Award-winning Stonemasons servicing Bristol and Bath
Timeless Stonemasonry Ltd Full Terms & Conditions
1. Parties, Definitions and Interpretation
In these terms and conditions (which are referred to in this document as “these terms”), “Customer” means the customer for whom the Works are to be carried out by Timeless Stonemasonry Ltd, “Contract” means the agreement between the Customer and Timeless Stonemasonry Ltd to carry out the Works of which these terms form a part and (where these terms are a schedule to a signed agreement between the Customer and Timeless Stonemasonry Ltd (“the Agreement”) the Agreement, “Works” means the works described in Timeless Stonemasonry Ltd.’s estimate/ quote and/or as referred to in Timeless Stonemasonry Ltd.’s Work Detail Sheet or any other document or email issued by Timeless Stonemasonry Ltd, as may be varied by agreement in writing between the parties. For the purposes of these terms, “in writing” includes by email and any document which is set out in a hand-held device and any signature on a hand-held screen shall be treated as in writing. In these terms’ words importing the masculine gender also include the neuter and the feminine gender and words importing the singular number include also the plural number, where the context so requires.
2. General
2.1 The Customer will be treated as an Account Customer or a Non-Account Customer, according to Timeless Stonemasonry Ltd.’s reasonable discretion.
2.2 All estimates/ Quotations given by Timeless Stonemasonry Ltd, all orders and instructions given by the Customer, and all work authorisations, are governed by these terms. They supersede any other terms appearing elsewhere and override and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in the order or instructions or in any negotiations or in any course of dealing established between Timeless Stonemasonry Ltd and the Customer, except where these terms are a schedule to a signed Agreement between the Customer and Timeless Stonemasonry Ltd , in which event these terms apply only to the extent not inconsistent with that Agreement.
2.3 The Customer acknowledges that Timeless Stonemasonry Ltd has not made any representations (other than any expressly stated in the Contract and/or in Timeless Stonemasonry Ltd.’s estimate/ Quote) which have induced it to enter into the Contract and the Contract shall constitute the entire understanding between the Customer and Timeless Stonemasonry Ltd for the performance of the Works (and detailed in paragraph 4 below).
2.4 No modification to the Contract shall be effective unless made by an express written agreement or email exchange between the parties. The signing on behalf of Timeless Stonemasonry Ltd of any documentation of the Customer shall not imply any modification of the Contract.
2.5 Nothing in this Contract is intended to confer on any person any right to enforce any term which that person would not have but for The Contracts (Rights of Third Parties) Act 1999. Accordingly, a person who is not a party to this Contract shall have no rights under that Act to enforce any of its terms, but this does not affect any right or remedy of such person which exists or is available apart from that Act.
3. Estimates and variations to the price
3.1 Any estimate/ Quotation by Timeless Stonemasonry Ltd is subject to withdrawal by Timeless Stonemasonry Ltd at any time before receipt of an unqualified acceptance from the Customer and shall be deemed to be withdrawn unless so accepted within 28 days from its date.
3.2 Unless otherwise specified by Timeless Stonemasonry Ltd in the relevant estimate, an estimate is not a firm or fixed price quotation. It is an estimate of the likely minimum cost of the Works, based on the information made available to Timeless Stonemasonry Ltd. Timeless Stonemasonry Ltd.’s final price will be calculated on the basis specified in the estimate/ quote, if any, or, if none, in accordance with Timeless Stonemasonry Ltd.’s standard Account Rate’s applicable at the time the Works are carried out and may be increased above (but not reduced below) the specified price. Furthermore, Timeless Stonemasonry Ltd reserves the right to increase the price before carrying out the Works by an amount equivalent to any increase to Timeless Stonemasonry Ltd in the cost of relevant materials, labour, equipment hire or transport since the date upon which Timeless Stonemasonry Ltd.’s estimate/ quote, written, emailed or oral, was given, save that if this would increase the estimated price by more than 10%, the Customer may cancel the Contract provided it does so before the Works are begun, any relevant materials are ordered or any relevant equipment is hired.
3.3 Timeless Stonemasonry Ltd reserves the right to charge a fee for the collection of materials from its supplier except with respect to works for which there is an estimate. If the collection occurs whilst Timeless Stonemasonry Ltd is on site, the time taken will be treated as an addition to the Works and charged at the relevant rate. If the materials are ordered for subsequent collection and delivery, a charge may be made by Timeless Stonemasonry Ltd of £100. Materials will be supplied at cost net after Timeless Stonemasonry Ltd.’s discounts plus Timeless Stonemasonry Ltd.’s normal mark-up to cover handling, stock maintenance, etc.
3.4 Timeless Stonemasonry Ltd.’s standard Account Rate Card is available for inspection at Timeless Stonemasonry Ltd.’s premises during normal business hours. The Account Rate Card specifies half hourly rates. There is a minimum charge of one hour per visit. Subject to that, charges are made by the half hour, rounded up to the next half hour.
4. The Works
All descriptions, illustrations etc. contained in any catalogues, price lists or advertisements, or otherwise communicated to the Customer, are intended merely to present a general idea of the Works and nothing contained in any of them shall form a part of the Contract.
5. The Price
The price payable by the Customer is calculated as specified in paragraph 3 above. Unless otherwise stated, the price and all estimates/ quotes provided by Timeless Stonemasonry Ltd are shown exclusive of Value Added Tax. VAT will be payable in addition where properly chargeable.
6. Payment
6.1 Non-Account Customers: Payment for the first hour’s attendance, or the agreed allotted time, is required to confirm a booking. Any further payments are to be made immediately upon completion of the Works. 100% payment is required prior to the commencement of any quoted Work.
6.2 Account Customers: Timeless Stonemasonry Ltd will seek to submit invoices to the Customer within 17 days of completion of the Works and, subject to paragraph 8 below, payment must be made by the Customer within 7 days after the date of issue of the invoice.
6.3 Snagging: Where the Works have been completed subject to snagging, 95% of all amounts outstanding must be paid on such completion and the Customer must provide access to Timeless Stonemasonry Ltd without delay to enable the snagging to be finalised. The balance of 5% will become payable upon the finalisation of the snagging or, if access has not been made available to carry out the snagging within 14 days of completion, at the expiry of such 14-day period.
6.4 Where the Customer is represented by a third party (such as a managing agent, contractor or other representative), in the event of non-payment by the Customer, the third party will be responsible for payment unless Timeless Stonemasonry Ltd has agreed otherwise in writing.
6.5 Timeless Stonemasonry Ltd shall be entitled to interest on a daily basis on any amount not paid on the due date for payment from such due date until payment in full at 4% above the Bank of England base rate at the relevant time.
6.6 Timeless Stonemasonry Ltd shall not be required to issue or deliver any certificates, guarantees or other similar documents regarding the Works until payment has been made in full.
7. Commencement and Completion Dates
Dates specified for the commencement and completion of the Works are estimates only. Timeless Stonemasonry Ltd shall use all reasonable endeavours to ensure that it will attend on the date agreed and within two hours of the time given for standard weekday attendance. However, Timeless Stonemasonry Ltd accepts no liability in respect of non-attendance or late attendance on site, or for the late or non-delivery of materials. Time shall not be of the essence of the Contract except as provided in paragraph 16 below.
8. Inspection of Works
The Customer shall inspect the Works as far as it is reasonably possible to do so immediately upon their completion (though failure to countersign the relevant Works Detail Sheet shall not imply rejection of the Works) and if it considers that the Works or any part thereof are not in accordance with the Contract, it shall within 7 days from the date of inspection give detailed notice in writing thereof. In the absence of any such notice, the Works shall be conclusively presumed to be complete and free from any defect which would be apparent on reasonable examination.
9. Indemnity
The Customer shall indemnify Timeless Stonemasonry Ltd against all actions, suits, claims, demands, losses, charges, costs and expenses which Timeless Stonemasonry Ltd may suffer or incur in connection with a claim by any third party resulting from a breach of the Customer’s obligations, undertakings, representations and warranties in connection with this Contract.
10. Whole Agreement and Exclusion of Liability
These terms set out Timeless Stonemasonry’s entire liability in respect of the Works and Timeless Stonemasonry Ltd.’s liability under them shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities, expressed or implied, in respect of the Works and the quality thereof.
11. Limitation of Liability, and Liability of Timeless Stonemasonry Ltd
Timeless Stonemasonry Ltd liability shall be limited to:
11.1 the repair or making good of any defect pursuant to its undertaking in paragraph 13 below and subject always to paragraph 8 above;
11.2 liability for death or personal injury resulting from negligence in the course of carrying out Timeless Stonemasonry Ltd.’s duties, and
11.3 the reasonable costs of repair or reinstatement of any loss or damage to the Customer’s property if such loss or damage results from Timeless Stonemasonry Ltd negligence or that of its employees, agents or sub-contractors and the Customer incurs such costs.
12. Access
The Customer shall provide clear access to enable Timeless Stonemasonry Ltd to undertake the Works and will make all necessary arrangements with the proper persons or authorities for any traffic controls and signals or other permits or permissions required in connection with the carrying out of the Works. The Customer will at all times provide a safe working environment for Timeless Stonemasonry Ltd and its employees, agents and sub-contractors for the purposes of carrying out the Works. The Customer must obtain any permission for Timeless Stonemasonry Ltd to proceed over property belonging to third parties if this is necessary for the proper execution of the Works and shall obtain any permission necessary to carry out work on property belonging to third parties. The Customer shall indemnify Timeless Stonemasonry Ltd against all claims of whatsoever nature made by third parties arising out of the presence of Timeless Stonemasonry Ltd its employees, agents or sub-contractors on the Customer’s property save where such claim results directly from negligence on Timeless Stonemasonry Ltd part. The Customer shall be liable to Timeless Stonemasonry Ltd for all loss or damage whether direct, indirect or consequential which is suffered by Timeless Stonemasonry Ltd as a result of failure or delay by the Customer in performing the obligations referred to above.
13. Defects
Subject to paragraph 8 above and the exclusions listed below, Timeless Stonemasonry Ltd undertakes to repair or make good any defect in completed work which appears within six months of completion of the same to the extent that such defect arises from a breach of Timeless Stonemasonry Ltd.’s obligations under this Contract and provided that details of the defect are notified by the Customer to Timeless Stonemasonry Ltd in writing within such period and that Timeless Stonemasonry Ltd and its insurers are given the opportunity of inspecting the work and the alleged defect. This undertaking shall only apply to work carried out and completed and invoiced by Timeless Stonemasonry Ltd and which is paid for by the Customer by the due date for payment ascertained in accordance with paragraph 6 above. If Timeless Stonemasonry Ltd returns to the site at the Customer’s request to review a claim under this undertaking and it transpires that the defect had not arisen as a result of a breach of this Contract on the part of Timeless Stonemasonry Ltd, Timeless Stonemasonry Ltd reserves the right to charge the Customer for the visit at its standard rate as per paragraph 3 above. Timeless Stonemasonry Ltd reserves the right not to carry out any work under this paragraph 13 where the Customer cannot evidence that the work was originally carried out and completed by Timeless Stonemasonry Ltd or where payment has not been made in full for such work. Exclusions are:
– Parts and materials will be provided only with the benefit of the manufacturer’s / supplier’s guarantee and are not guaranteed by Timeless Stonemasonry Ltd.
– Systems or structures not installed by Timeless Stonemasonry Ltd.
– Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to Timeless Stonemasonry Ltd prior to the work having been undertaken.
– Defects resulting from misuse, wilful act, or faulty workmanship by the Customer or anyone working for or under the direction of the Customer (other than Timeless Stonemasonry Ltd)
14. Force Majeure
Timeless Stonemasonry Ltd will use all reasonable endeavours to carry out the Works on the agreed dates but shall not be under any liability to the Customer if it should be either impossible or impracticable to carry out the Works on the agreed dates or at all, by reason of strike, lock out, industrial dispute, act of god or any other event or occurrence beyond Timeless Stonemasonry Ltd.’s control.
15. Customer’s Liability
The Customer shall be liable for:
– Any loss, damage or injury, whether direct or indirect or consequential, resulting from failure or delay in the performance of the Customer’s obligations under these terms.
– Providing all necessary power and a clean water supply for Timeless Stonemasonry Ltd to use in the execution of the contracted works.
– The safety of both plant and machinery belonging to or hired in by Timeless Stonemasonry Ltd or its employees, agents or sub-contractors and shall indemnify Timeless Stonemasonry Ltd against its loss, theft or damage.
16. Cancellation
16.1 If the Customer cancels the Contract without Timeless Stonemasonry Ltd.’s consent other than pursuant to paragraph 3.2 above, the Customer shall indemnify Timeless Stonemasonry Ltd against all loss, damage, claims or actions arising out of such cancellation unless otherwise agreed in writing, and for the avoidance of doubt any such cancellation is without prejudice to Timeless Stonemasonry Ltd.’s right to payment in accordance with paragraph 6 above.
16.2 If the Customer wishes to cancel an appointment for a visit by Timeless Stonemasonry Ltd, the Customer will incur a cancellation fee of £10 if the cancellation is made less than 24 hours (but more than 2 hours) before the time scheduled for the appointment. If the cancellation is made 2 hours or less before the scheduled appointment time the fee will increase to £50.
16.3 If the Customer cancels work to be undertaken pursuant to an estimate accepted by the Customer, subject to paragraph 3.2 above the Customer will be liable for a cancellation charge of 5% of the estimate price if the cancellation is made less than 14 days prior to the specified commencement date for the Works, 10% of the estimate price if the cancellation is made less than 7 days prior to the said specified commencement date and 20% of the estimate price if the cancellation is made less than 2 days prior to the said specified commencement date.
17. Removal of Waste Materials
Unless agreed in writing between the parties, the Customer will be responsible for the removal from site of all waste materials resulting from the Works.
18. Waiver, Variation etc.
No waiver by Timeless Stonemasonry Ltd of any breach by the Customer shall operate as a waiver of any preceding or subsequent breach by the Customer. No variation shall be effective against Timeless Stonemasonry Ltd unless sanctioned in writing by Timeless Stonemasonry Ltd. No forbearance or delay on Timeless Stonemasonry Ltd.’s part shall prejudice Timeless Stonemasonry Ltd.’s rights and remedies under this Contract.
