Terms & Conditions

 

 

 

 

 

 

1. Our Philosophy

Our aim is your total satisfaction; we have serviced many clients and offer a first class job with the highest standards of workmanship. The goal of Mister Constructor is to save you money, we share the same interests.

 

2. Definitions

‘Works’ - the work the Company will carry out set out in the quote.

‘Parties’ - the Company and the Customer not including any third parties

‘Interest rate’ - +5% of the HSBC base rate on the relevant date

‘Completion’ - completion of the Works pursuant to the agreed estimate/quote notwithstanding any additional work requested after the start of the Works.

 

3. Obligations

3.1. The Company will carry out the Works:

3.1.1. with reasonable care and skill and to a reasonable standard;

3.1.2. by the end of the work period;

3.1.3. comply with all building regulations;

3.1.4. comply with all legal requirements which the Customer has provided notice of; and

3.1.5. at payment of the final balance, the Company will provide the customer with any guarantees, test certificates and any other like paperwork which apply to the Works.

3.2. The Customer will pay the Company on the agreed dates for the agreed amount(s) set out in the Payment Schedule and/or any Company Invoices which form part of this contract.

 

4. Carrying out of the Works

4.1. Unless stated to the contrary, the normal working hours of the Company are Monday to Friday 8.30 a.m. – 18.30 p.m. excluding weekends and Bank and other Public Holidays when no work is undertaken.

4.2. The Company reserves the right to amend the normal working hours specified above to the Customer at short notice.

4.3. The Customer will allow the Company adequate access to the Property and keep the Property free from all obstructions in order for the Company to carry out the Works.

4.4. The Company will perform the Works with reasonable care and skill and to a reasonable standard in line with the specification set out in the quote which reflect the wishes of the Customer, in so far as is reasonably and practically possible.

4.5. The Company shall use its reasonable endeavours to work in a tidy careful and efficient way, providing dust covers for furniture and passageways and shall seek to control the flow of dust and debris as far as is practically possible.

4.6. The Customer accepts a degree of inconvenience whilst the Works are in progress. The Customer is advised to remove items of value including antiques from the Property and take any practical measures to minimise potential disruption.

 

5. Control of the Works

5.1. The Company is an independent contractor under a contract for services to the Customer and is not a servant to the Customer.

5.2. The Company shall not be liable for non-performance in whole or in part of its obligations under this contract due to causes beyond the Company’s control including any Act of God, fire, flood, tempest, act of state, civil disorder, embargo, accident, plant breakdown, hindrance in or prevention from obtaining any raw materials or other supplies, interference by labour disputes, inability to obtain adequate labour, manufacturing facilities or energy, or any other like cause.

5.3. The Company shall endeavour to co-operate with the wishes of the Customer where reasonably and practically possible, however, the Company shall not

be subject to any directions from the Customer as to the manner in which it shall perform the Works.

 

6. Payment

6.1. The Company’s standard payment schedule for the Works is as follows:

6.1.1. 30% of the labour costs prior to the commencement of the Works.

6.1.2. 35% of the labour costs halfway through the Works.

6.1.3. 35% of the labour costs upon completion of the Works.

6.2. The Company’s charges shall include the cost in respect of work only. The Customer shall bear the cost of any items/parts/materials required by the Company.

6.3. The Company reserves the right to amend the payment schedule during the course of the Works should the Customer fail to make a scheduled payment on time.

6.4. The Customer shall make payment of any invoice issued by the Company without any delay or deduction within seven days of the scheduled date.

6.5. The Customer will pay interest on the unpaid balance of the invoice, starting on the due date for payment and ending on receipt of the cleared funds in the Company’s account, if he/she fails to make payment of any invoice issued by the Company within seven days of the scheduled date.

6.6. The interest rate will be calculated as the HSBC base rate on the due date (plus) +5%.

6.7. In the absence of any specific estimate, the Company shall charge at the hourly rate of £65.00 including travelling time.

 

7. Variations

7.1. The Customer shall accept that, in the event that he/she wishes to make any changes to the specification of the Works set out on the quote, prior to or during the course of the Works, they will bear the additional cost of this.

7.2. The Customer shall accept any additional unforeseen costs which may occur over and above those estimated as a result of concealed problem areas out of the line of sight such as, but not limited to, defective floorboards or broken pipes. The Company shall inform the Customer of any such variations as soon as they have become known to the Company.

7.3. In the event that the price of the Works is increased as a result of government legislation or regulations such as, but not limited to, an increase in VAT, the Customer shall accept this as a price variation of the Works and bear the cost of this.

 

8. Supply of Goods/Materials

8.1. The Company will not be liable for the satisfactory quality and/or fitness for purpose of any materials or goods the Customer or a third party provides.

8.2. In the event of the Customer self-supplying items, the Company is not liable for any missing parts of items supplied by the Customer for installation,including in the event of any item(s) being signed for by a Company representative in the course of delivery.

8.3. Any warranty supplied by the Company is for the installation and the supply of products by the Company only and does not include third party items supplied by the Customer.

8.4. The Company agrees to supply materials required for the completion of the Works in accordance with any previous written quotation.

8.5. Any materials or goods that the Company supply will be:

8.5.1. new, unless the Customer agrees otherwise in writing;

8.5.2. of satisfactory quality;

8.5.3. of the description the Customer provides for their type, as far as is practically possible;

8.5.4. of the appropriate British standard and codes of practice in place at the time of the order; and

8.5.5. fit for their normal purposes.

8.6. The Company will source any materials or goods as requested to by the Customer subject to their availability within a reasonable period.

 

9. Injury, Damage and Insurance

9.1. The Company is fully insured for Public Liability claims up to £1,000,000.

9.2. In absence of any negligence or other breach of duty by the Company or its servants and agents, the Customer will be responsible for any loss, theft, injury or damage.

9.3. The Company will not be liable for any loss or damage caused by them, their employees or agents in circumstances where:

9.3.1. there is no breach of a legal duty of care owed to the Customer by the Company or by any of the Company’s employees or agents; or such loss or damage is not a reasonably foreseeable result of any such breach;

9.3.2. [the] loss or damage result(s) from breach by the Customer of any term of this contract.

9.4. The Customer will be responsible for personal injury or death caused by the Customer's negligence or the negligence of any person the Customer is responsible for.

 

10. Notice of Right to Cancel

10.1. Pursuant to, and in strict compliance with the Consumer’s Home or Place Work etc Regulations 2008, the Customer has the right to cancel this agreement within seven days of receiving this contract.

10.2. If the Customer wishes to exercise their right to cancellation, notice must be served in writing to the following address: Mister Constructor Ltd, 110A Sunningfields Road, London, NW4 4RE.

10.3. The Customer is advised to send this written notice by recorded delivery.

10.4. Cancellation of the contract is deemed to have taken place once the notice has been posted.

 

11. Termination

11.1. Without affecting the Company’s legal rights and remedies, the Company can end all or suspend all or part of its obligations under the contract in one (or more) of the following circumstances:

11.1.1. If the Customer fail to pay any amount due and, in addition, fails to pay for seven days after receiving a written notice from the Company demanding payment and warning the Customer of the Company’s intention to end all or suspend all or part of the its obligations under the contract.

11.1.2. If the Customer, or anyone the Customer employs or an agent of the Customer, interferes with or obstructs the Works or fails to make the site available for the Company (without good reason) for the contract period.

11.1.3. If the Customer becomes bankrupt or go into liquidation, or makes a composition or arrangement with its creditors (or any one or more of these).

11.1.4. If the work is delayed due to the fault of the Customer for more than 14 days in a row.

11.2. The Company will be entitled to:

11.2.1. all relevant outstanding payments; and

11.2.2. any reasonable costs and any reasonable losses the Company suffer (including loss of profit) involved in or resulting from ending all or suspending all or part of the Company’s obligations under the contract within 14 days of requesting payment.

11.3. Without affecting the Customer’s other legal rights and remedies, the Customer can end this contract in one (or more) of the following circumstances:

11.3.1. If the Company becomes bankrupt.

11.3.2. If the Company goes into liquidation.

11.3.3. If the Company makes a composition or arrangement with its creditors.

11.3.4. If the Company is wound up.

11.3.5. If a receiver or manager is appointed over the Company, unless this is to amalgamate or reorganise the Company.

11.3.6. This does not affect the Company’s legal rights and remedies.

 

12. Settlement of Disputes

12.1. The parties shall attempt to resolve any dispute arising out of or relating to this contract through negotiations.

12.2. If the matter is not resolved by negotiation within 30 days of receipt of a written 'invitation to negotiate', the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure, or in default of agreement, through an ADR procedure as recommended to the parties by the President or the Deputy President, for the time being, of the Chartered Institute of Arbitrators.

12.3. If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any party will not participate in an ADR procedure, the dispute may be referred to arbitration by any party.

12.4. The seat of the arbitration shall be England and Wales. The arbitration shall be governed by both the Arbitration Act 1996 and Rules as agreed between the parties. Should the parties be unable to agree on an arbitrator or arbitrators, or be unable to agree on the Rules for Arbitration, any party may, upon giving written notice to other parties, apply to the President or the Deputy President, for the time being, of the Chartered Institute of Arbitrators for the appointment of an Arbitrator or Arbitrators and for any decision on rules that may be necessary.

12.5. Nothing in this section shall be construed as prohibiting a party or its affiliate from applying to a court for interim injunctive relief.