Terms & Conditions

Feldon Builders Ltd – Terms & Conditions

1. Interpretation

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. Relationship between the Parties

2.1. The Client engages Feldon Builders Ltd 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 Feldon Builders Ltd an employee or agent of the Client.

2.3. Neither party may assign or transfer any of their rights, liabilities or obligations under this agreement without the prior written consent of the other party, such consent not to be unreasonably withheld.

3. The Quotation

3.1. Feldon Builders Ltd shall provide to the Client a proposal for the services to be provided (“the Quotation”) which shall set out:
a) The services which Feldon Builders Ltd 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 Feldon Builders Ltd shall charge.
ii. Any disbursements or expenses which Feldon Builders Ltd 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. These terms and conditions form part of the estimate, and by entering into a contract with Feldon Builders Ltd, the Client will be deemed to have accepted both the estimate and these terms in full.

3.3. The Quotation is provided as an estimate only, based on information available and conditions visible at the time of inspection. Due to the nature of renovation and refurbishment works, particularly on historic or listed buildings, unforeseen conditions may be uncovered once works commence (including but not limited to hidden defects, structural weaknesses, damp, rot, non-compliant prior works or services requiring upgrading). Feldon Builders Ltd will notify the Client as soon as reasonably practicable of any such matters and provide details of any additional costs and time required. No liability shall attach to Feldon Builders Ltd for costs, delays or consequences arising from such unforeseen conditions, other than carrying out the additional works once agreed in writing with the Client.

4. The Services and the Time and Manner of their Delivery

4.1. Feldon Builders Ltd 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 estimate.

4.3. Time frames and dates of delivery are provided for guidance only and Feldon Builders Ltd 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 Feldon Builders Ltd 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. For clarity, where delays arise due to unforeseen conditions, changes requested by the Client, or delays by third parties (including planning authorities, building control or conservation officers), Feldon Builders Ltd shall be entitled to an extension of time and to recover reasonable associated costs.

5. Payments

5.1. The contract price is set out in the Quotation, which includes details of the charges which Feldon Builders Ltd will make for labour, materials and plant as well as any taxes or additional costs or expenses or disbursements which Feldon Builders Ltd may charge to the Client.

5.2. The intervals at which Feldon Builders Ltd may invoice the Client in respect of the whole or an installment of the contract price shall be agreed in writing with the Client prior to commencement of the Works.

5.3. Notwithstanding 5.1 and 5.2 above, Feldon Builders Ltd may vary the contract price from the amount set out in the Quotation where they have 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 they have 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 Feldon Builders Ltd.
b) To settle all invoices raised by Feldon Builders Ltd within 7 days.
c) To pay Feldon Builders Ltd interest at a rate of 8 per cent 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 Feldon Builders Ltd such costs and expenses as they may incur in recovering payment from the Client where the Client fails to make payment in accordance with these terms and conditions.

5.5. If the Client fails to make payment by the due date, Feldon Builders Ltd shall be entitled to suspend the Works with immediate effect until payment is received in full. The Client shall be responsible for any delay, cost, or loss arising from such suspension.

5.6. All proformas shall be paid in full before any materials and/or labour are arranged. Title to all materials (including those delivered to Site) shall remain with Feldon Builders Ltd until payment in full has been received. Where materials are incorporated into the Works, ownership shall not pass to the Client until full payment is made.

6. Cancellation

6.1. In accordance with the Cancellation of Contracts Made in a Consumer's Home or Place of Work etc. Regulations (2008) the Client may cancel this contract within 28 calendar days of signing this agreement (or within whatever extended period Feldon Builders Ltd may specify in the Quotation) and shall be entitled to a full refund of any monies paid to Feldon Builders Ltd, less an amount representing any reasonable administration costs which Feldon Builders Ltd has incurred.

6.2. Any cancellation outside this period will not entitle the Client to a refund of any monies paid.

7. Client’s Obligations

7.1. The Client shall be responsible for the correctness of all measurements for products or materials which they give to Feldon Builders Ltd. Where these measurements are not correct and accordingly materials or products which are ordered or provided by Feldon Builders Ltd are the wrong size, the Client shall bear the expense of rectifying this.

7.2. The Client shall co-operate with Feldon Builders Ltd as may be necessary to facilitate this agreement, including but not limited to:
a) Permitting Feldon Builders Ltd access to the property or location in which the services are to be supplied (“the Site”) and assuring that such access is appropriate and adequate.
b) Where the Site is indoors, ensuring that there is adequate ventilation.
c) Providing for Feldon Builders Ltd such facilities as may be necessary in order to allow them to complete the services.
d) Following Feldon Builders Ltd’s reasonable Instructions relating to safety and the state of work which has recently been completed by Feldon Builders Ltd 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 Feldon Builders Ltd has completed the agreed services (with the exception of the removal of waste materials or building rubble, which shall be the responsibility of Feldon Builders Ltd as set out in 8.4 below).

7.4. Where Feldon Builders Ltd stores or keeps any materials or equipment on Site, the Client shall be responsible for the security and safety of such.

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, licence or consents prior to contracting Feldon Builders Ltd. If the Client fails to obtain, or delays in obtaining, such consents, Feldon Builders Ltd shall be entitled to recover any additional costs incurred and to an extension of time for completion.

8. Supplier’s Obligations

8.1. Feldon Builders Ltd shall perform all duties, services and obligations under this contract with reasonable care and skill and to a reasonable standard. They shall comply with all relevant codes of practice and statutory or regulatory requirements.

8.2. Feldon Builders Ltd 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. Feldon Builders Ltd shall at all times be registered and remain in good standing with such organisations as may be relevant for the purposes of permitting them to self-certify the compliance of the services provided with the relevant building regulations, or alternatively if they are not so accredited then they shall make arrangements for a building inspector to certify the compliance of the services provided with the relevant building regulations.

8.4. Feldon Builders Ltd 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. Feldon Builders Ltd shall always hold valid employer and public liability insurance policies. Upon request, details of insurance cover levels will be made available to the Client.

9. Property Rights and Assumption of Risk

9.1. Any property rights, title or ownership in any property or materials which are used by Feldon Builders Ltd in providing or delivering the service shall remain with Feldon Builders Ltd 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 Feldon Builders Ltd to the consumer:
a) Where Feldon Builders Ltd is responsible for delivering the products or materials to the Client, upon delivery; or
b) Where Feldon Builders Ltd is not responsible for delivery, at the moment the products or materials leave Feldon Builders Ltd’s storage premises.

9.3. Where materials are incorporated into the Works and become part of the property, title shall nonetheless remain vested in Feldon Builders Ltd until payment in full has been received.

10. The Guarantee

10.1. Feldon Builders Ltd provides to the Client, in addition to any statutory rights which the Client may have, a guarantee that the services provided under this contract shall be free from defective or flawed materials or workmanship for a period of 12 months from the completion of the services subject to manufacturers’ guarantees where applicable, notwithstanding that this guarantee shall not apply to:
a) Defects or flaws which are as a result of any misuse, failure to adequately and properly maintain, neglect or failure to follow instructions or recommendations on the part of the Client.
b) Any defect or flaw which is caused by mechanical or chemical damage (which is not in itself a result of some defect in the workmanship or materials) and which arises after risk in the property has passed to the Client.

10.2. Feldon Builders Ltd shall, at their sole discretion, determine the way in which they will satisfy this guarantee, whether by repairing, re-performing or replacing the services or by refunding to the Client all or part of the monies which have been paid.

10.3. Where the Client considers that the services are defective upon delivery or performance then they shall notify Feldon Builders Ltd of this within 30 days, failing which they shall not be entitled to claim the benefit of this guarantee.

10.4. This guarantee shall not become effective until the Client has paid Feldon Builders Ltd in full, failing which the Client shall not be entitled to claim the benefit of this guarantee.

10.5. This guarantee covers both materials and workmanship. Labour carried out under guarantee shall be free of charge, unless the defect is found to have arisen from exclusions listed in 10.1.

11. Termination

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 Feldon Builders Ltd 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 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 Feldon Builders Ltd under this agreement the Client shall pay to Feldon Builders Ltd 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 Feldon Builders Ltd 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.

11.5. Feldon Builders Ltd shall also be entitled to suspend the Works immediately in the event of non-payment, and to terminate the contract if payment remains outstanding for more than 7 days after written notice.

12. Disclaimers and Exclusions

12.1. Feldon Builders Ltd shall not be responsible in any circumstances to the Client or any third party for loss of profit, business opportunity, or indirect or consequential loss, save where such liability cannot be excluded by law.

12.2. Nothing in the foregoing shall be read as restricting or limiting in any way Feldon Builders Ltd’s liability for death or personal injury.

12.3. The Client shall indemnify Feldon Builders Ltd against any loss or damage which results from the Client’s breach of this agreement or failure to abide by any of its terms.

13. Force Majeure

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, government or regulatory action, breakdown in plant or machinery, shortage of raw materials, supplies, or skilled labour.

14. Warranty of Contractual Capacity

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.

15. Photography & Records

15.1. Feldon Builders Ltd and Feldon Joinery are entitled to take photos and video evidence of the works that have been undertaken for evidence, planning requirements and sign-off requirements. The photos and video evidence will remain with Feldon Builders Ltd and Feldon Joinery until the project is completed and will be entered in a job file where we will not pass them on except when required for evidence to third parties.

15.2. Use of such photographs or video for marketing or promotional purposes shall only take place with the prior written consent of the Client.

16. Whole Agreement, Governing Law, Severability and Miscellaneous Provisions

16.1. This document constitutes the entirety of the agreement between the parties. It supersedes any prior representations which may have been made, whether verbally 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 incur 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.

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.