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Terms and Conditions
1.General
OX Building Solutions Ltd. (The Contractor, We, Us") operate, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services"). The Customer can contact OX Building Solutions Ltd by email at oxbuilding@gmail.com or by mail to OX Building Solutions, 47 Benson Road, OX3 7EJ, Oxford, UK.
These Legal Terms constitute a legally binding agreement made between The Customer, whether personally or on behalf of an entity ("The Customer"), and The Contractor, concerning The Customer taking of its Services. The Customer agree that by taking on the Services, The Customer have read, understood, and agreed to be bound by all of these Legal Terms.
The Contractor reserve the right, in its sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. The Contractor will alert The Customer about any changes by updating the "Last updated" date of these Legal Terms, and The Customer waive any right to receive specific notice of each such change. It is the Customer’s responsibility to periodically review these Legal Terms to stay informed of updates. The Customer will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by The Customer continued taking on the Services after the date such revised Legal Terms are posted. The Contractor recommend that The Customer print a copy of these Legal Terms for The Customer’s records.
The Contractor reserve the right, but not the obligation, to take appropriate legal action against anyone who, in its sole discretion, violates the law or these Legal Terms.
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2.Customer Data
The Customer agree that The Contractor may access, store, share, process, and use any information and personal data that The Customer provide and The Customer’s choices for the sorely purpose of providing The Customer’s services . The Contractor agree on implementation of appropriate measures to ensure compliance with the principles of the GDPR.
All The Customer information is retained in accordance with the Data Protection Act 1988 and all personal and other customer details will remain confidential.
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3.Quotes
All quotes are valid for thirty (30) days from the date of the quotation. If acceptance is received after this period has lapsed, the job may be required to be requoted.
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Unless specifically stated otherwise, all quotations are based on costs of materials at the date of the quotation and is subject to price variation.
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The Contractor have the legal right to correct a genuine mistake when writing down or calculating the price in a Quote and charge The Customer what it should have been
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Unless specifically stated otherwise, all quotations are based on the assumptions that the supplier items and major material items can be ordered, and stored either on site or off site with storage certificates issued and payment made for materials held in storage.
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The Customer must communicate acceptance of the quotation and the work in a clear written instruction before Works will be scheduled. The Customer accepting a quote shall constitute acceptance of the work and acceptance of these terms and conditions.
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Payments terms will be agreed between both parties in advance and specified in the quotation. The work will not start till or continue if the payments are not received by the Contractor.
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4.The Works
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We assume the place is safe etc anything illegal will stop us from carry on the duties
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Where required, the Customer shall obtain (at their own expense) all permits and approvals that may be required for the Works. It is the customer’s responsibility to arrange planning permission, building control and any utility changes. If planning permission is required for the work, The Contractor may request to see proof that this has been agreed prior to beginning work.
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The Contractor cannot carry out any extra work without consulting The Customer first and agreeing on any extra costs.
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Any additional work not covered in the Quote will attract additional time charges at the current rate and additional quotations will be provided. This includes:
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any extra work The Customer ask for and that is not included in the quote
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unforeseen works that arise and that The Customer agree to pay for
5. Unless specifically agreed by the parties, The Contractor will not remove and dispose of construction and/or general waste
from the site.
6. The Contractor will not be liable if the condition of the substructure dictates increased costs of labour and/or materials,
and/or additional work
7. Any trenching work (if required) will be conducted on soft to medium ground density, hard ground area digging will incur
additional costs;
8. No responsibility is taken by The Contractor for the presence of perished or rotten timber (or any other perished or rotten
materials) in existing structures such as doors, windows and frames whether detected or undetected at the time of contract.
9. The Contractor will not be held responsible for the suitability of the existing boiler ability to provide for additional plumbing
works.
10. The Contractor take pictures of the previous status before the work is started, the progress of the projects and/or on the
completion of the work. The Contractor reserve the right to use these pictures in its portfolio of work, on its website and on
various social media websites for marketing and information purposes. The customer shall The Contractor know via email at
the start of The Customer’s work if not happy with this.
11. All materials delivered to site will remain the property of The Contractor until The Customer has paid for the works in full
and if The Customer defaults in respect of any obligations to make payments under the contract The Contractor may enter
the site and repossess and remove the materials until such time as all sums due have been paid in full, even if the materials
have been installed, connected or incorporated in the works, in which case The Contractor may dis-install, disconnect and
remove the same.
12. The work will be conducted during regular business hours Monday to Friday 8am to 5pm. Please note that The Contractor
may be on site until 6pm or on a Saturday. The Contractor will get prior agreement with The Customer should this happen.
13. The Contractor will make all reasonable endeavours to start and complete work by the dates given but will not accept any liability for any delay or accept any form of liquid damages for any external works that are governed by atmospheric
conditions and that are beyond reasonable control. Any dates of commencement and completion of works are offered in
good faith and are based on the position at the date of order. These are not guaranteed and could be subject to delays
because of strikes, weather, accidents, government direction, force majeure, mechanical breakdowns, unavailability of
materials and parts or other causes beyond the Company’s control.
14. The Contractor assume that The Customer has made all the relevant preparations and planning with regards to ensuring
that all areas are ready for the works to commence on the date agreed, this should include:
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a nominated individual with authority to deal with The Contractor and to give binding authorisations on behalf of The Customer.
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ensuring that the site is safe for The Contractor and its sub-contractors to carry out the works and that it contains no hazards, environment free of hazardous material or dangerous features
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The Contractor and its sub-contractors are not exposed to any asbestos based materials during the course of the work. Before any works commences The Customer must declare all of the relevant information in regard to asbestos on site
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unrestricted access to the site during normal working hours
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the means of entry and exit to the working area, must be, as far as reasonably practicable, safe and without risks to health
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access to welfare facilities unless previously agreed with the Customer that such facilities will be provided by The Contractor
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on-site parking and available on-site services such as mains electricity and a water supply to be used without charge
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all and any materials being supplied by The Customer are readily available on site and without delay, on the exact date and time requested to ensure the commencement or continuation of works to programme
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unrestricted access to the work areas and removal of all fixtures, fittings and general obstacles that could prevent or delay the work ensuring that no other trades bring disruption to the sequence of works
15, The Contractor and sub-contractors will receive full payment for their services in the event of not being able to carry out
their work duties due to lack of preparations or access to any of the work areas by the Customer
16. The Contractor cannot be held liable for any leaks on the roof which manifest after any works have been completed. The
Customer is to be aware that there may be potential underlying issues with any existing roofs, these may have been made
dormant due to a build-up of dirt or sediment concealing the issues. Due to foot traffic and thorough cleaning of the roof
surfaces during works, these issues may present themselves or may not initially be seen by The Contractor operatives at the
time. The Contractor recommend that a full in-depth roof survey and a detailed schedule of condition be carried out to the
roof area by a qualified independent third party prior to the works commencing, this is to ensure that any potential issues are
raised, recorded and a full relevant scope of works are produced in advance.
17. The Works will be carried out in a professional and efficient manner and in accordance with the Customer’s specifications and
or the Quotation or Estimate (submitted by the Contractor) appearing overleaf and on any continuation thereof. In the event
that the Customer is not satisfied with the standard of workmanship, or in the event that the Customer alleges that the Works
have not been completed in accordance with the aforesaid specifications, the Customer shall within seven days of
completion of the Works, notify the Contractor in writing of his complaint and give details of the alleged defects. The
Customer can contact The Contractor by email at oxbuilding@gmail.com or by mail to OX Building Solutions, 47 Benson Road,
OX3 7EJ, Oxford, UK.
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5.Payment
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The Contractor will render an invoice to the Customer which is to be paid within 7 days, unless otherwise stated on the invoice.
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Invoices that are not paid by the Customer within the period specified on the invoice will be deemed a Payment Default.
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When an invoice has gone unpaid past its payment terms, The Contractor have the right to charge statutory interest under the Late Payment of Commercial Debt (Interest) Act 1998. Payment Defaults will be charged interest at a rate of 1% per 30 days until the date of payment.
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When an invoice has gone unpaid per 30-days, The Contractor have the right to take the appropriate legal action or hand- it over to a debt collection agency.
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Under the Late Payment of Commercial Debt (Interest) Act 1998, the agency’s fee can be partly or completely funded by the customer. Any costs incurred by The Contractor in obtaining payment of outstanding invoices including legal costs and/or collection agency fees will be the sole responsibility of the Customer.
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The Customer shall not be entitled to withhold payment of any amount due under this contract in respect of any disputed claim for defective Works, or of any alleged breach of contract by the Contractor. Where there is a dispute in respect of defective work, or in respect of any alleged breach of contract by the Contractor, the Customer agrees to deposit the sum outstanding into an independent account.
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6.Liability
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The Contractor shall not be liable to pay for any works, or render good any defects in such work, carried out upon the Customer’s premises by any person, firm or company unless the engagement of such a person, firm or company shall have been made with the knowledge acquiescence and prior written consent of the Contractor.
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Whilst due care will be taken, the Contractor will not be liable for dirt / dust that may be caused during the period of the Works, nor will the Contractor be liable for any damage caused to the Customer’s personal items left within all or any areas where works are ongoing. It is the sole responsibility of the Customer to ensure that they provide adequate protection against dirt / dust and or to remove personal items and or goods from the vicinity of the Works at all times.
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The Contractor 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.
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Whilst the Contractor will take due care with the Works carried out, in the instance of pointing, rendering and any other cement related Works, the Contractor cannot guarantee the weather having an effect on it. The Contractor will not be liable to remedy / and or rectify any damage that may occur here.
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The Contractor shall not be liable for any damaged 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 Customer’s failure to adequately protect and/or remove the same in accordance with the Customer’s duties as set out above.
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The Contractor shall not be liable for any damaged caused to the Customer’s premises by reason of water penetration, or otherwise, arising as a result of weather conditions or otherwise.
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The Contractor shall not, under any circumstances, be liable for any faults or defects whatsoever for any goods which have been purchased on behalf of the Customer. It shall be the Customer’s duties to dispute any claims against faulty or damaged goods directly with the suppliers and or manufacturers.
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Where the Contractor recommends and or introduces the Customer to suppliers and or any other third party, the Contractor accepts no liability in the event of any issues arising.
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The Contractor 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, strike, or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract.
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7.Cancellation
The Customer may at its option cancel the Works, or any part thereof, at any time. The Customer will be liable to pay for materials and services provided to the date of cancellation. A written request to cancel any works must be made by the Customer by email at oxbuilding@gmail.com or by mail to OX Building Solutions, 47 Benson Road, OX3 7EJ, Oxford, UK.
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8.Governing Law
These Legal Terms shall be governed by and defined following the laws of England.
The Contractor and The Customer irrevocably consent that the courts of England shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
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9.Corrections
There may be information on the Services information that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. The Contractor reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
10.Miscellaneous
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between The Customer and The Contractor. The Contractor’s failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. The Contractor may assign any or all of its rights and obligations to others at any time. The Contractor shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond its reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between The Customer and The Contractor as a result of these Legal Terms or taking on The Contractor’s Services. The Customer agree that these Legal Terms will not be construed against The Contractor by virtue of having drafted them. The Customer hereby waive any and all defences The Customer may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
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11.Contact the Contractor
In order to resolve a complaint regarding the Services or to receive further information regarding the Services, please contact The Contractor The Contractor by email at oxbuilding@gmail.com or by mail to OX Building Solutions, 47 Benson Road, OX3 7EJ, Oxford, UK.