Burnt Oak Developments

| Property | Land | Agriculture |

Jul
2013

Terms and Conditions



1. General.

(a)     The following terms and conditions shall apply to all trading between Burnt Oak Developments and the client. Acceptance by us of the client’s request for work is conditional upon acceptance by the client of the following terms and conditions. No variation of these terms and conditions shall be binding unless otherwise agreed by Burnt Oak Developments in writing.

2. Payment.

(a)   Full payment is required within 28 days of the date printed on the invoice.
(b)   Failure to pay by the date stated will result in an interest charge of 10% and every 28 days     thereafter for a maximum of 84 days, where the matter will be passed on to a debt collection agency.
(c)   Burnt Oak Developments reserve the right to charge, pre-commencement of work, 50% of the cost of large quantities or expensive materials.

3. Price Fluctuations.

(a)   Prices quoted on any estimate are those ruling at the date stated on the estimate and are subject to variation without notice.

4. Estimates and Costs.

(a)   All prices stated are estimated prices and not final unless otherwise agreed.
(b)   Quantities quoted for materials and labour are calculated to the best of human ability based on an initial survey of the job in question.
(c)   Initial survey and estimates are free of charge, however, if an extended survey or site testing is required by Burnt Oak Developments, or third parties, the client will be liable for any costs incurred.
(d)   Quantities are subject to variation without notice, in order to achieve the final aim as set out in the client’s task brief, unless otherwise agreed.
(e)   Labour will be charged in stated units until the job requested is completed, unless a final price is agreed before work commences.
(f)    If a final price is agreed for a set task any further work requested will be charged at extra cost.
(g)   If the client’s task brief is changed before or after commencement of work the client will be liable for any extra cost incurred.
(h)   The client will be liable for any extra costs incurred in labour and/or materials due to dealing with unforeseeable circumstances which may cause changes to initial task brief (e.g: Unseen obstacles, structures, utilities or adverse geology/flora).

5. Circumstances beyond control.

(a)   If a date for work to commence is agreed, and on arrival work is unable to commence due to circumstances beyond our control (e.g: Lack of access to site, obstructions to work, poor weather or ground conditions) and prior notice has not been given, the client will be liable to a charge of £70.00 per person on site, for lost time.
(b)   Burnt Oak Developments will not be held liable for delays to work schedule due to inclement weather, supply of materials and/or equipment by third parties, or delays to commencement or progress of work caused by third party decisions, e.g: Planning permission, legal matters.

6. Client Responsibilities.

(a) Clients are responsible for informing Burnt Oak Developments and/or any sub-contractors of any pre-existing obstacles, hazards, dangerous structures and/or adverse geology on any site prior to commencement of works.
(b) Clients will be liable for any costs arising from damage to any machinery owned or hired by Burnt Oak Developments should the client neglect to inform of such particulars.
(c) Clients will also be responsible for any injury to personnel should they fail to inform Burnt Oak Developments  and/or any sub-contractors of any pre-existing obstacles, hazards, dangerous structures and/or adverse geology.

7. Guarantee of Work.

(a)   Burnt Oak Developments will be liable for defects in our work arising due to poor workmanship or defective materials for 12 months from date of invoice providing the work in question has not been:
Tampered with, altered, added to, damaged by circumstances beyond our control (e.g. Acts of god, adverse weather conditions, damage by third parties, client’s neglect) or exposed to use beyond reasonable expectations.
(b)     Burnt Oak Developments will not be liable for aftercare of materials and living plant items (including turf) unless there is an agreed contract of aftercare with the client.
(c)     Burnt Oak Developments will not guarantee work where vital works, e.g. foundations, preparation work, bases, sub-bases, structural works etc. have been carried out by third parties, unless otherwise authorised for such works by Burnt Oak Developments.

 

August 2013

 

Burnt Oak Developments 2012