1.1. Except where the context requires otherwise words importing the masculine sh all include the feminine; words importing the singular shall include the plural; words importing natural personage shall be equally applicable to corporate personage and vice versa.
1.2. 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 the Supplier to provide the services specified in these terms and conditions and attached schedules.
2.2. No term of this a greement or course of dealings between the parties shall operate to make the Supplier an employee or agent of the Client.
2.2. 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. The Quotation
3.1. The Supplier shall provide to the Client a proposal for the services to be provided (“the Quotation”) which shall set out:
a) The services which the Supplier will undertake for the Client .
b) The date or time per iod within which the service will be performed .
c) The costs which the Client shall be charged for the performance of the services including :
i. Any fees which the Supplier shall charge .
ii. Any disbursements or expenses which the Supplier will require the Client to meet (including but not limited to the costs 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 Supplier a nd the Client, the Client will be deemed to have accepted the content of the Quotation in full.
4. The Services and the Time and Manner of their Delivery
4.1. The Supplier 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. Time frames and dates of delivery are provided for guidance only and the Supplier makes no guarantee that the services will be performed within the specified period. For the purpose s of this agreement, time shall not be of the essence and the Supplier 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 Supplier will make for labour, materials and parts as well as any taxes or additional costs or expenses or disbursements which the Supplier may charge to the Client.
5.2. The intervals at whi ch the Supplier may invoice the Client in respect of the whole or an installment of the contract price are set out in the Quotation.
5.3. Notwithstanding 5 .1 and 5 .2 above, the Supplier may vary the contract price from the amount set out in the Quotation where he 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 he has been required to complete additional work which was not anticipated at the time the Quotation was m ade, or because of market fluctuations in the price of materials.
5.4. The Client agrees :
a) Not to withhold any sums due to the Supplier.
b) To settle all invoices raised by the Supplier
c) To pay to the Supplier interest at a rate of 5% percentage poin ts per annum above the Bank of England base rate on any payments which are not settled in accordance with section 5 .
3(b). d) To pay to the Supplier such costs and expenses as he may incur in recovering payment from the Client where the Client fails to make pa yment in accordance with these terms and conditions.
6. Cancellation 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 7 calendar days of signing this agreement (or within whatever extended period the Supplier may specify in the Quotation) and shall be entitled to a full refund of any monies paid to the Supplier, less an amount representing any reasonable administration costs which the Supplier has incur red. 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 he gives to the Supplier. Whe re these measurements are not correct and accordingly materials or products which are ordered or provided by the Supplier are the wrong size, the Client shall bear the expense of rectifying this.
7.2. The Client shall co – operate with the Supplier as may be ne cessary to facilitate this agreemen t, including but not limited to:
a) Permitting the Supplier 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.