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TERMS AND CONDITIONS OF TRADING 2. Except as expressly agreed, the builder shall provide all labour, materials and equipment necessary for the proper execution of the work. All reasonable care will be taken in the use and fixing of any materials or goods supplied by the customer, but, in such circumstances, no responsibility for their suitability, or for damage to or caused by them during fixing, is accepted. 3. Sound materials suitable for their respective purposes will be used but are supplied subject to any condition of sale attached thereto by the manufacturers or suppliers so far as such conditions are not inconsistent with these terms and conditions of trading. In the event of any materials proving faulty, the builder’s liability for making good may be limited to such amount as may be recovered from the manufacturer or supplier. 4. The words ‘provisional sum’ where used in the estimate or specification indicates the amount included therein to cover a specific item of work, and the sum is subject to substitution of the actual cost. 5. The value of any variations to work included in the estimate ordered and authorised by the customer, whether in addition, by omission or by substitution, should wherever practicable, be agreed before the variation is carried out. The value of any such variation shall be added or deducted from the price stated in the estimate. No variation shall vitiate the contract. Any variation will be carried out expressly subject to these conditions. 6. All existing materials removed to allow the execution of the works will be disposed of unless otherwise agreed. 7. Unless specifically mentioned, no provision is made for repair of plastering beneath papered walls or ceiling surfaces, as it is assumed that such plastering is in good condition, and is suitable to take treatment specified. Similarly, the costs of the repairs and renewals of any defects which are not visible at the time of estimating will be chargeable, unless allowance for such items is specifically included in the estimate. 8. Irrespective of any insurance taken out by the builder, the customer should inform his insurer that building works are to be carried out on the property and satisfy himself that he is adequately covered by insurance. Unless expressly agreed, the builder is not liable for the loss of or damage to the works, materials on site or any property of the customer, unless the same is caused by negligence (as defined in the Unfair Contract Terms Act 1977) of, or breach of contract by, the builder. 9. Every care is taken by employment of the best available labour and materials to produce a satisfactory finish. The builder shall at own cost rectify any faults or defects that shall appear within six months of the completion of the works and which are due to materials and workmanship not in accordance with these terms and conditions, so long as written notice of such faults or defects shall be given by the customer to the builder within a reasonable period of the expiration of the aforesaid period. Cracks due to the normal movement or drying out of timber, plaster etc. will not be accepted as defects. 10. It is assumed that the customer will remove all his property from the working area, unless provision is made to the contrary in the estimate, or by mutual agreement. 11. Invoices will be sent out after the work has been completed, and shall be paid within two weeks of receipt. In the case of work taking more than one month to complete, interim payments to the value of the work carried out will be requested, and shall be paid within two weeks of receipt. 12. Any dispute or difference arising from the execution of the work is to be referred, upon application of either party, to a person nominated by the President of Arbitrators, whose decision will be final and binding on both parties. |
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