TERMS AND CONDITIONS
Updated 6th January 2021
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.
Relationship between the Parties
2.1. The Client engages Montier Building Services Limited 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 Montier Building Services Limited 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.
3.1. Montier Building Services Limited shall provide to the Client a proposal for the services to be provided (“the Quotation”) which shall set out:
- a) Sufficient details of the services which Montier Building Services Limited will undertake for the Client.
- b) The date or time period of which the service will be performed.
- c) The prices which the Client shall be charged for the performance of the services including:
- Any fees which Montier Building Services Limited shall charge.
- Any disbursements or expenses which Montier Building Services Limited will require the Client to meet (including but not limited to the prices of materials, plant hire or waste removal).
3.2. Should additional works be required in order to complete the original works request, Montier Building Services Limited will advise and include these works in the quotation.
3.3. Should any clarification for the works quoted be required, the Client should contact Montier Building Services Limited requesting this information prior to accepting the quotation.
3.4. The Quotation shall be attached to these terms and conditions as a schedule, and by the Client accepting the quotation, they thereby enter into a contract with Montier Building Services Limited.
The Services and the Time and Manner of their Delivery
4.1. Montier Building Services Limited 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 Montier Building Services Limited 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 Montier Building Services Limited 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 Montier Building Services Limited will make for materials and plant hire as well as any taxes or additional costs or expenses or disbursements which Montier Building Services Limited may charge to the Client.
5.2. The Client will be required to pay a deposit to Montier Building Services Limited prior to the works commencing. After the 14-day cooling off period stated in clause 9.2, deposits are non-refundable and allow Montier Building Services Limited to book work in, agree formal start dates for works and purchase materials. In the unlikely event that Montier Building Services Limited have to cancel the Client’s work, the Client will receive a full deposit refund.
5.3. Montier Building Services Limited will provide a payment plan prior to the commencement of works. This will always include a deposit prior to the works commencing, then dependent on the works required, their duration and total quotation price, the Client will be required to pay instalments at set intervals and/or a final payment upon completion of the works.
5.4. Notwithstanding 5.1. and 5.3. above, Montier Building Services Limited 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 Montier Building Services Limited.
- b) To settle all invoices raised by Montier Building Services Limited on the agreed dates set out in the quotation.
- c) To pay to Montier Building Services Limited interest at a rate of 5 percentage points 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 Montier Building Services Limited such costs and expenses as he may incur in recovering payment from the Client where the Client fails to make payment in accordance with these terms and conditions.
6.1. The Client shall co-operate with Montier Building Services Limited as may be necessary to facilitate this agreement, including but not limited to:
- a) Permitting Montier Building Services Limited 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 Montier Building Services Limited such facilities as may be necessary in order to allow him to complete the services.
- d) To follow the reasonable Instructions provided by Montier Building Services Limited relating to safety and the state of work which has recently been completed 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.
6.2. Unless the Quotation specifies otherwise, the Client will be responsible for any cleaning and redecorating which is necessary to the Site after Montier Building Services Limited has completed the agreed services.
6.3. Where Montier Building Services Limited stores or keeps any materials or equipment on Site, the Client shall be responsible for the security and safety of such and shall account to Montier Building Services Limited for any loss or damage.
6.4. 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 Montier Building Services Limited.
7.1. Montier Building Services Limited 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.
7.2. Montier Building Services Limited 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.
7.3. Montier Building Services Limited when instructed to do so 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.
7.4. Montier Building Services Limited shall at all times hold valid public liability insurance policies.
Property Rights and Assumption of Risk
8.1. Any property rights, title or ownership in any property or materials which are used by Montier Building Services Limited in providing or delivering the service shall remain with Montier Building Services Limited until the Client has made payment in full in accordance with these Terms and Conditions.
8.2. Montier Building Services Limited shall not be liable for any damage caused as a result of any existing defects in the structure, or any other part of the site of proposed works.
8.3. Montier Building Services Limited shall not be liable for any damages suffered or loss caused to any appliances, fixtures, fittings, furniture, additions or structures of any kind, whether glass or otherwise, arising as a result of the Client’s failure to adequately protect and/or remove the same in accordance with the Client’s duties as set out above.
8.4. Montier Building Services Limited shall be under no liability if they are unable to carry out any provision of the contract for any reason beyond their control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, inclement weather, late delivery of materials, failure of power supply, failure of utility services to deliver goods/services, lock-out or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract.
8.5. Montier Building Services Limited asks Clients to become familiar with allowable and unavoidable deflection for certain construction materials by visiting: https://www.structuralguide.com/deflection-of-beams-and-slabs/. Montier Building Services Limited is under no obligation to rectify works complete that fall within these deflection allowances, so should this be required, it will warrant an additional charge.
Pre-start Termination Clause
9.1. To confirm, the Client enters a contract with Montier Building Services Limited when they agree to the Quotation, either verbally or in writing, and/or pays their deposit.
9.2. The client has a 14-day cooling off period to cancel the contract prior to the works commencing and this must be requested in writing.
9.3. Should the contract be cancelled after the 14-day cooling off period, Montier Building Services Limited has the right to keep the Client’s full deposit against loss of profit, including material costs and plant hire, unless otherwise agreed in writing.
9.4. In the instance the works were mutually agreed to commence within the 14-day cooling off period from the date the contract was entered but have not yet started, Montier Building Services Limited has the right to retain part of the deposit against loss of profit, including material costs and plant hire, unless otherwise agreed in writing.
Termination of Contract
10.1. This contract shall continue until the services (or any mutually agreed addition, extension or variation thereof) has been provided, or until terminated in accordance with the below.
10.2. Without prejudice to the above, the employment of Montier Building Services Limited under this contract may be terminated immediately where any of the following circumstances arise:
- a) Either party commits a serious breach or persistent breaches of this contract, 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 contract which cannot be remedied.
- c) Either party becomes insolvent or enters into a CVA or IVA or ceases to carry on the whole or substantially the whole of its business.
10.3. Upon termination of the contract, the Client shall pay Montier Building Services Limited such sums as may represent work done and expenses incurred up to and including the date of the termination.
10.4. Any right to terminate the employment of Montier Building Services Limited 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.
10.5. Should the contract be terminated and the works continued by another party, any guarantees or warranties provided by Montier Building Services Limited to the Client will be null and void.
11.1. Montier Building Services Limited takes photographs of the progress of works. They reserve the right to use these images in their portfolio of work, website and social media platforms for marketing and information purposes. Clients should state at the start of your works if they are not happy with this.