TERMS & CONDITIONS

Between

(1) Sensibuild Limited incorporated and registered in England and Wales with company number 09786427 whose office is at Unit G, Twydall Enterprise Centre, 256 Lower Twydall Lane, Gillingham, Kent, ME8 6XX (Contractor)

And

(2) insert Client name, address and reference number (client)

NOW IT IS HEREBY AGREED as follows:

  1. DEFINITIONS & INTERPRETATION

The following definitions shall be applicable to this Contract:

1.1 ‘Commencement Date’ shall be as defined by the Estimate in Principal.

1.2 ‘Completion Date’ shall be as defined by the Estimate in Principal.

1.3 ‘Contract’ mean the Estimate in Principal, this agreement, the Appendices, plans, designs, specifications and drawings (if any) attached to the Estimate in Principal.

1.4 ‘Goods’ means the materials and goods procured or supplied directly or indirectly to the Client by the Contractor in connection with the Works.

1.5 ‘Government’ shall mean any national or local authority having jurisdiction with regards to the Works.

1.6 ‘Normal working hours’ shall be 08.00 to 18.00 (Monday to Friday) and 08.00 to 13.00 (Saturday).

1.7 ‘Price’ shall be as defined by the Estimated in Principal or any other sum which shall become payable under the terms of this Contract.

1.8 ‘Site’ as defined by the Estimate in Principal.

  1. GENERAL

2.1 The Contractor shall carry out the Works with reasonable care and skill, to a reasonable standard and in accordance with its obligations under applicable law and regulation of the Government.

2.2 Any plans, designs, specifications, and drawings that form part of the description of Works are attached, have been signed by both parties and form part of this Contract.

2.3 The Works shall be carried out at the Site by the Contractor or its duly appointed subcontractors.

  1. TIME

The Contractor shall begin the Works at the Site on or before the Commencement Date and will look to complete the Works on or before the Completion Date which date is given in good faith as an estimate but cannot be guaranteed.

3.1 The Contractor shall not be responsible for any delay in completion of the Works or for the consequences of any such delay unless it arises from the Contractor’s wilful acts or omissions or negligence.

3.2 Subject to the provisions for payment set out in clause 5, in the ordinary course of time is not of the essence and while the Contractor will use reasonable endeavours to commence and complete the Works on such dates as may be specified, such dates being approximate only, the Contractor reserves the right to vary the dates and times by notice to the Client.

3.3 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, weather events, strikes, industrial disputes, lock outs, accidents, war, fire, any problem with the safety, security or fabric of the Site, breakdown of plant or machinery, delay or failure on the part of a third-party supplier or subcontractor, or shortage or unavailability of utilities or raw materials from a natural or specialist source or supply (force majeure event), and the party shall be entitled to a reasonable extension for performance of its obligations.

3.4 If any force majeure event shall continue for more than one calendar month the Contractor shall have the right to terminate this Contract by written notice.

  1. GUARANTEE

In addition to the Client’s statutory rights and subject to full payment of Price being made to the satisfaction of the Contractor for Works done:

4.1 the Contractor guarantees the Works against faulty workmanship for the period of the shorter of either (12) months from the Completion Date or if applicable the duration of the manufacturer’s warranty;

4.2 Goods supplied by the Contractor are guaranteed for the period and on the terms specified by the manufacturer’s warranty applicable to those Goods alone and the Contractor can provide no guarantee for Goods that it does not supply;

4.3 No warranty or guarantee is given by the Contractor against the occurrence of any defect, damage or malfunction arising at any time after works or Works are completed;

4.4 The Contractor reserves the right to withhold any guarantee where, after inspecting the Site, it considers in its absolute discretion that it is unable to offer any such guarantee and the Contractor will notify the Client of its reasons for withholding a guarantee.  For the avoidance of doubt, such reasons may include but are not limited to: where work has previously been done by a person other than the Contractor; where damage has been caused by any third party or any person occupying, visiting or using any part of the Site and any person the Contractor does not expressly or by implication control or authorise.

  1. PRICE

Unless otherwise agreed between the parties the Price shall be due immediately on the invoice date:

5.1 The Client shall pay a deposit equal to 50% of the Price to the Contractor upon the Commencement Date and the balance due strictly on completion of works. No terms offered:

5.2 Where payment stages have been agreed in advance, each payment will be invoiced once each agreed payment stage has been reached and become payable on the invoice date:

5.3 Without affecting the Contract’s legal rights and remedies, the Contractor can in his absolute discretion end all or suspend all or part of its obligations under this Contract subject to the Site being left clean and tidy by the Contractor of all rubble surplus materials, rubbish, tools and scaffolding, in one (or more) of the following circumstances:

5.3.1 if the Client fails to pay any payment or stage payment due and further fails to pay within 7 days after receiving written notice from the Contractor demanding payment of the outstanding sum.

5.3.2 if the Client, (or anyone the Client employs or its agent), interferes with or obstructs the Works or fails to make the site available to the Contractor (without good reason) for the contract period (or part thereof)

5.3.3 if the Client becomes bankrupt or goes into liquidation, or makes a composition or arrangement with its creditors (or any one or more of these)

5.3.4 if the Client defaults on any of its obligations under clause 6 of this Contract.

5.4 Where the Client delays payment for more than 7 days following the due date for payment or stage payment the Contractor reserves the right to charge interest on the outstanding amount at 4% per annum over Barclays Bank Plc base rate accruing from due date until payment and both before and after judgement without prejudice to the Contractor’s other rights;

5.5 If there are any unforeseen delays outside the Contractor’s control including a force majeure event it may issue an interim invoice to cover the work carried out to date;

5.6 The Estimate in Principle is a provisional sum and the Contractor reserves the right to charge any additional cost once agreed and accepted by the Client prior to commencement of the Works.

  1. CLIENT OBLIGATIONS

To enable the Contractor to perform its obligations the Client shall:

6.1 check the Estimate in Principal and ensure that all the items specified, and description outlined are as required by the Client;

6.2 co-operate with the Contractor in all matters relating to carrying out the Works including taking reasonable steps to clear the Site prior to commencement of Works and to taking full responsibility for the safety, securing and protection of persons and possessions under its control, ownership and supervision;

6.3 allow the Contractor free access to the Site during normal working hours and to enable deliveries of Goods, materials, plant, equipment, skips and machinery;

6.4 ensure a safe and adequate supply of necessary services, power supplies, connections and utilities at the Site, and

6.5 keep the Site clear of all obstructions for the Contractor to carry out its work

6.6 Obtain all necessary approvals, permissions or certifications, including local authority, required to complete the Works as scheduled prior to commencement of the Works.

6.7 make payments only to the Contractor as agreed to the full and proper satisfaction of the Contractor

6.8 The Client shall not use or instruct the Contractor’s employees, subcontractors or tradesmen.  If the Client does, the Client will have to pay the Contractor as if the Contractor had carried out the Works.

  1. INSURANCE

The Contractor shall take all reasonable precautions to minimise disruption and the risk of any loss or damage at the Site during execution of the Works. The Contractor confirms that it will insure for £5m with a reputable insurance company with the prudent cover against all normal and reasonably foreseeable risks and liabilities relating to the Works.

  1. GOODS

In carrying out the Works, the Contractor shall use Goods of merchantable quality and fit for their normal purpose.

8.1 Title in the Goods shall not pass to the Client until the Contractor has been paid in full in accordance with this Contract,

8.2 Until title to the Goods has passed to the Client, the Client shall:

8.2.1 hold the Goods on a fiduciary basis as the Contractor’s bailee;

8.2.2 maintain the Goods safe and in satisfactory condition; and

8.3 Should payment not be made in accordance with this Contract the Contractor reserves the right (and shall be allowed access by the Client) to remove any Goods or materials supplied or fitted by the Contractor and the cost of any damaged caused by such removal will not be borne by the Contractor.

 

  1. SUBCONTRACTING

The Contractor may subcontract all or any part of the Works but will still be responsible for the Works provided always that this liability shall not extend to:

9.1 the satisfactory quality or suitability of any material or goods chosen by the Client (or selected by the Client’s name subcontractor or supplier); or

9.2 any variation in the Works agreed with the Client or made or caused by the subcontractor independently of the Contractor’s instructions.

  1. CLIENT DEFAULT

If the Contractor’s performance of any of its obligation in respect of the Works in prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation (Client Default);

10.1 the Contractor shall without limiting its other rights or remedies have the right to suspend performance of the Works until the Client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations to the extent the Client Default prevents or delays the Contractor’s performance of any of its obligations;

10.2 the Contractor shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from the Contractor’s failure or delay to perform any of its obligations as set out in this clause; and

10.3 the Client shall reimburse the Contractor on written demand for any costs or losses sustained or incurred by the Contractor arising directly or indirectly from the Client Default.

  1. COMPLIANCE & DATA PROTECTION

11.1 The Contractor shall at its own cost obtain and comply with all applicable building regulations, required in respect of the Works. After completion of the Works and strictly subject to the Contractor receiving full payment in respect of all of the Works, the Client shall be provided with formal written confirmation or completion certificates that the Works meets the regulations or planning permission which shall be provided to the Client subject to clause 5 and 6 of this Contract.

11.2 The Contractor will comply with its obligations in respect of the Client’s personal data under GDPR.

  1. MAKING GOOD

The Contractor shall leave the Site clean and tidy to the reasonable satisfaction of the Client.

  1. VARIATION OF WORKS

The Client shall be entitled to vary, delete or add to the Works.  In the case of any such variation, deletion, or addition (‘Variation’) the Price shall be adjusted by a reasonable amount, taking into account the rates for which work is charged under this Contract.

13.1 The Client shall request the Variation in writing within 7 days of the Commencement Date;

13.2 Any Variation requested by the Client and carried out by the Contractor or any variation the necessity of which becomes apparent after the Works are commenced or that is requested by the Client, will be subject to charges in addition to the Price;

13.3 Any extra work requested by the building inspector will be the responsibility of the Client

13.4 If any work in addition to the Works is requested the Contractor shall issue a variation form that will be signed by both parties and an additional invoice to cover the cost of the additional work being undertaken

  1. EXTENDING TIME

If there shall be any Variation of the Works under clause 13 hereof or if there shall be any delay to the Works by reason of the occurrence of matters not caused by any act or omission of the Contractor or the occurrence of which was not reasonably foreseeable by the Contractor, the date for completion of the Works shall be extended by such reasonable period as the Contractor shall determine and additional payment may be incurred.

  1. ACCRUED RIGHTS

Both parties will have the right to end this Contract without affecting either party’s accrued legal rights or remedies.

  1. GOVERNING LAW & JURISDICTION

This Contract shall be governed by and construed in accordance with English Law and each of the parties irrevocably submits for all purposes in connection with this Contract to the exclusive jurisdiction of the courts of England.

 

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Privacy Overview

Privacy Policy

Introduction

  1. We are committed to safeguarding the privacy of our website visitors and service users.
  2. This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.
  3. By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.
  4. In this policy, “we”, “us” and “our” refer to data controller name. For more information about us, see Section 13.

Credit

    1. This document was created using a template from SEQ Legal (seqlegal.com).

How we use your personal data

  1. In this Section 3 we have set out:
    1. the general categories of personal data that we may process;
    2. in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
    3. the purposes for which we may process personal data; and
    4. the legal bases of the processing.
  2. We may process data about your use of our website and services (“usage data”). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google Analytics. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.
  3. We may process your account data (“account data”). The account data may include your name and email address. The source of the account data is you. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
  4. We may process your information included in your personal profile on our website (“profile data”). The profile data may include your name, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
  5. We may process your personal data that are provided in the course of the use of our services (“service data”). The source of the service data is you. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
  6. We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data”). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
  7. We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website (“transaction data”). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely our interest in the proper administration of our website and business.
  8. We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data”). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
  9. We may process information contained in or relating to any communication that you send to us (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
  10. We may process identify general category of data. The source of this data is you. This data may be processed for specify purposes. The legal basis for this processing is our legitimate interests, namely the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
  11. We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
  12. We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
  13. In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
  14. Please do not supply any other person’s personal data to us, unless we prompt you to do so.

Providing your personal data to others

  1. We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
  2. We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
  3. In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

Retaining and deleting personal data

  1. This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
  2. Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
  3. Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

Amendments

  1. We may update this policy from time to time by publishing a new version on our website.
  2. You should check this page occasionally to ensure you are happy with any changes to this policy.
  3. We may notify you of changes to this policy by email.

Your rights

  1. You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:
    1. the payment of a fee (currently fixed at GBP 10); and
    2. the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).
  2. We may withhold personal information that you request to the extent permitted by law.
  3. You may instruct us at any time not to process your personal information for marketing purposes.
  4. In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.

About cookies

  1. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
  2. Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
  3. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

Cookies that we use

  1. We use cookies for the following purposes:
    1. authentication – we use cookies to identify you when you visit our website and as you navigate our website;
    2. status – we use cookies to help us to determine if you are logged into our website;
    3. personalisation – we use cookies to store information about your preferences and to personalise the website for you;
    4. security – we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally;
    5. analysis – we use cookies to help us to analyse the use and performance of our website and services; and
    6. cookie consent – we use cookies to store your preferences in relation to the use of cookies more generally.

Cookies used by our service providers

  1. Our service providers use cookies and those cookies may be stored on your computer when you visit our website.
  2. We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: www.google.com/policies/privacy/.

Managing cookies

  1. Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
    1. support.google.com/chrome/answer/95647?hl=en (Chrome);
    2. support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
    3. www.opera.com/help/tutorials/security/cookies/ (Opera);
    4. support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
    5. support.apple.com/kb/PH21411 (Safari); and
    6. privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
  2. Blocking all cookies will have a negative impact upon the usability of many websites.
  3. If you block cookies, you will not be able to use all the features on our website.

Our details

  1. This website is owned and operated by Kreative Spaces Building Contractors Limited.
  2. We are registered in England and Wales under 8758678, and our registered office is 32 Danson Way, Rainham, Gillingham, Kent ME8 7EW.
  3. Our principal place of business is at Elm Court Garden Centre, Capstone Road, Gillingham, Kent, ME7 3JQ.
  4. You can contact us:
    1. by post, to the postal address given above;
    2. using our website contact form;
    3. by telephone, on the contact number published on our website; or
    4. by email, using the email address published on our website.