1.        DEFINITIONS

• The Company – 3D Flooring Ltd
• Employer – the organisation or person to whom this quotation is submitted and who enters into a contract or sub-contract or sub sub contract for these works with the Company.
• The Contract – means the contractor or client employing the Contractor to carry out and complete the Works;
• Contract Price – the sum (fixed for acceptance for 30 days from tender date) due for carrying out our works including any extra for Variations. All rates quoted are nett, subject to VAT at the appropriate rate, verification of site conditions and a satisfactory credit check.
• Remeasurement – the quantities used will be charged to the Employer, in accordance with the priced bill of quantities or quotation rates. Unless stated, otherwise the rates are based on the uninterrupted execution of the works in a single visit to site.
• Variations – any additional work, whether ordered or made necessary, due to unforeseen conditions which differ from those indicated at tender stage provided at the time of pricing, or standing time caused by circumstance outside the control of the Company.

2.        BASIS OF THE SALE

• The Company shall supply materials and carry out the Works and the Employer shall pay for the Works and Materials in accordance with any written quotation of the Company which is accepted by the Employer subject to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted or any such order is made or purported to be made by the Employer.
• No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Employer and Company.
• The Company’s employees or agents are not authorised to make any representations concerning the materials and works unless confirmed by the Company in writing. In executing into the Contract, the Employer acknowledges that it does not rely on and waives any claim for breach of any such representations which are not so confirmed.
• Any advice or recommendation given by the Company or its employees or agents to the Employer or its employees or agents as to the suitability of application or efficacy of the Works or the Materials which is not confirmed in writing by the Company is followed or acted upon entirely at the Employer’s own risk and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
• The quantity, and description of any specification for the Materials shall be those set out in the Company’s quotation.
• The Company reserves the right to make any changes in the specification of the Materials which are required to conform with any applicable safety or other statutory requirements or where the Materials are to be supplied to the Company’s specification which do not Materially affect their quality or performance.
• Delays to agreed start dates will be on the basis that the Employer indemnifies the Company against all costs incurred (see Clause 3 below).
• If no contact is in place, it shall be assumed that a JCT minor works contract 2016 shall be the default contract without amendments.

3.        CANCELLATION OR DELAY CHARGES:

• In the event of a delay or cancellation of the contracted works we reserve the right to apply delay or cancellation charges in line with standard rates based upon 8 hours per day.
• These charges will apply when the written notice to change an agreed start date is given less than five days prior to the agreed commencement date.
• Furthermore, if after mobilisation to site, the works are split into phases, suspended, or omitted or cancelled, we reserve the right to levy standing charges and mobilisation charges as are appropriate.

4.        PAYMENT TERMS

• Payment of all invoices or applications for payment is due in full in accordance with the specific payment terms agreed for each contract. Our Standard Terms are payment 14 days after date of Application or Invoice unless otherwise agreed.

4.2      Retention and discount shall not be deducted (unless agreed in writing).

• If any invoice / application is not paid by the due date we may at any time suspend the Works or withhold information. Interest will be charged on late payments at the rate of 2% per month above HSBC base rate , calculated on a daily basis, both before and after any judgement. Any associated costs resulting from any suspension of the works, will be charged to and paid by the Employer.
• The Employer shall on placing an order and at least 7 days prior to the commencement of the works provide the Company with satisfactory credit references. The Company reserves the right to revise the required payment terms upon receipt of the credit references and may require pro- forma up-front payment before work commences. The Company reserves the right to refuse to commence the Works or stop the Works at any time if the Employer fails to provide satisfactory assurances.
• The Contract Price is exclusive of VAT.
• No deductions or set off shall be made from the Contract Price for any reason whatsoever unless agreed by us in writing within fourteen days from the date of our invoice / application.

5.        DEFECTS AND LIABILITIES

• Any claim by the Employer which is based on any defect in the quality or condition of the materials and works or failure to correspond with the specification shall be notified in writing to the Company within 21 days after discovery of the defect of failure.
• No liability shall attach to the Company nor will the Company accept responsibility for defects of any kind whatsoever arising from a cause which is outside its immediate and direct control or knowledge or could not reasonably have been foreseen by the Company at the date of the quotation and loss of support due to subsequent operations or any fault by reason of subsequent work carried out by others.
• Where any valid claim in respect of any of the materials and works which is based on any defect in the quality of materials or condition of the works or the failure to meet specification is notified to the Company in accordance with these Conditions the Company shall be entitled to repair
• If single visit works are changed to phased works, we reserve the right to re-price the works accordingly.

6.        INFORMATION

• Revisions of drawings & specifications. Where drawings and specifications are revised after the date of issue of the quotation it is the responsibility of the Employer to ensure that all such revisions, are received by the Company and a receipt of the same is issued in confirmation of that fact.
• Our quotation is information provided at tender stage as stated in our quotation. Any additional works required to overcome a change will be valued in accordance with the rates stated in our quotation.

7.             DETERMINATIONS AND DISPUTES

• The Contract shall be governed by the laws of England.
• Any rights of any person to enforce the terms of the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999 are excluded.
• If the Employer is in breach of this Contract then the Company shall be entitled to treat the Contract as terminated and the Employer shall pay to the Company the full amount of the Contract price (less any sums not incurred by the Company as a result of not being required to complete the Works) or 52% of the Contract price whichever is the greater. The above also applies if the Employer terminates the subcontract, through no fault of the Company, before commencement or part way through the Project.
• If part II of the Housing Grants, Construction and Regeneration act 1996 applies to the contract any adjudication shall be carried out in accordance with such adjudication rules and procedures as may be required by the Company’s insurers or if no specific rules or procedures are so required then in accordance with the model adjudication procedure published by the Construction Industry Council current at the date the adjudication is commenced.
• Where any dispute arises between the Employer and the Company (whether or not the dispute is referred to adjudication and including a dispute as to whether or not any adjudicator’s decision is correct) the parties may attempt to settle such dispute by mediation in accordance with the Centre for Dispute Resolution (“CEDAR”) Model Mediation procedure. The commencement of mediation will not prevent the parties commencing or continuing court proceedings. No documents prepared for or communications relating to mediation proceedings may subsequently be used for the purposes of any court proceedings without the written consent of both parties.

8.          GENERAL

• All plant which the property of this Company is shall remain in our ownership but for the purpose of any contracts shall be deemed to be owned by 3D Flooring Ltd.
• Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

9. INSURANCES

9.1         This quotation is based on the current standard insurances of the Company at the time of quotation which are available on request. It shall be the responsibility of the Employer to arrange such other insurances as he shall consider appropriate.

9.2         Provision of insurance, which is insurance against damage to Third Party Property whilst we are carrying out our work, unless this damage is caused by our negligence, is not included. Contract specific quotations can be provided upon request