1 Interpretation & notices
1.1 In this agreement:
goods means any goods we supply as part of the works;
price means the total stated overleaf;
services means any services we supply as part of the works;
site means any premises where the works are to be carried out including parking bays and access-ways;
we / us / our means Brick and Mortar Restoration and any servant, agent or subcontractor thereof;
works means the delivery of the goods and provision of the services described in the Schedule of works overleaf or any part thereof;
you means the customer(s) as described overleaf.
1.2 A reference to:
(a) a clause is a reference to a clause in this document; and
(b) a person includes their executors, administrators and assigns.
1.3 In this agreement an obligation undertaken by two or more persons is undertaken by them jointly and severally.
1.4 Any notice to be given under this agreement must be given by delivery or pre-paid ordinary post to a party at their address stated in this agreement.
2 Works and inspection
2.1 We will carry out the works in a proper and workmanlike manner.
2.2 We may subcontract all or any of the works at our discretion.
2.3 Any date or time we give you for completion of the works is an estimate only and, while we will use our best endeavours to complete the works by that date, failure to do so will not:
(a) confer on you any right to cancel this agreement;
(b) relieve you of any obligation to pay us; or
(c) render us liable for any loss or damage sustained by you as a result thereof.
2.4 If any fixtures to which the goods are attached are not square or are warped we are not liable for any gap or overlap following installation.
2.5 You acknowledge and accept that there may be variations and inconsistencies in the colour, texture and finish of the works.
2.6 You will examine the works immediately upon installation.
2.7 You must notify us in writing of any shortage, defect or damage in the works within 7 days of the date of installation. If you fail to do so we will not be liable for such matters.
3.1 This agreement is conditional upon you paying to us any deposit stated overleaf.
3.2 You must pay us such monies as we may request on account prior to us carrying out or continuing any stage of the works.
3.3 We may render you interim accounts.
3.4 You must pay us any remaining balance of the price on completion of the works.
3.5 You must pay our accounts within 7 days of receipt.
3.6 You must pay us interest at the rate of 18% per annum calculated daily on any amount due by you but unpaid under this agreement.
3.7 We may suspend the works during any period in which your account is overdue.
3.8 You hereby indemnify us for any reasonable costs, including legal costs, we incur in recovering any unpaid bill from you.
4 Site access
4.1 You must remove any old materials, debris, fittings, fixtures, furniture or chattels from the site and provide us with clear and uninterrupted access to the site. Additional charges will apply if you fail to do so.
4.2 You hereby irrevocably grant us an unrestricted right and licence, without notice, to enter the site to carry out the works and to identify and remove goods when we are entitled to do so under this agreement including the right to remove any goods fixed to
4.3 Additional charges will apply if our access to the site is restricted.
5 Variation and cancellation
5.1 If you request any variation to the goods and services after entering into this agreement we may refuse or accept such request subject to any conditions including additional charges.
6.1 If you:
(a) you are in default of any obligation under this agreement;
(b) cancel or repudiate this agreement; or
(c) are insolvent then, in addition to any other right or remedy, we may:
(d) charge you for any works completed by us up to the date of such event;
(e) affirm this agreement and sue you for damages or specific performance or damages and specific performance; or
(f) retake possession of any goods supplied to you under this agreement and sell or dispose of such goods.
7 Limitation of liability
7.1 To the maximum extent permissible by law our liability to you for breach of any warranty or condition or for any breach of any duty of care will be limited to:
(a) in the case of goods, to the replacement or repair of the goods; and
(b) in the case of services, to the supplying of the services again.
7.2 We will not be liable to you for any loss, damage or expense suffered or incurred by you because of our failure to observe these terms and conditions where such failure is due in whole or in part to any cause or circumstance outside our reasonable control.
8 Property and risk
8.1 Until such time as you have made payment in full under clause 3:
(a) the goods will remain our sole and exclusive property, Notwithstanding installation; and
(b) you will hold the goods solely as bailee for us and you will be liable for any loss or damage to the goods during such period.
8.2 The risk in the goods will pass to you upon installation.
9.1 This offer is open for 30 days from the date stated overleaf.
9.2 To accept this quote you must:
(a) confirm in writing your acceptance of our Quote
(b) payment of any deposit as requested.