TERMS AND CONDITIONS

In these Terms and Conditions:

1. Definitions

a. 'the Company' CASA Build Ltd of 18-22 St. Peters Churchyard, Derby, DE1 1NN
b. 'the Customer' The person, firm or company contracting with The Company
c. 'the Quotation' Any quotation or tender made by The Company for work to be done for The Customer including any bill of quantities referred to in The Quotation.
d. 'the Work' The work specified in The Quotation
e. 'the Terms' The terms and conditions of business
f. 'the Site' The site at which the work is carried out
g. 'the Contract' Any contract concluded between The Company and The Customer subject to these Terms
h. 'the Price' The price specified in the Quotation subject to variation in accordance with these Terms

2. Quotations and Extent of Contract
a. No conditions or warranties other than those specified within the Terms shall be implied or deemed to be incorporated in, or form part of, the Terms. Any terms or conditions attached to the customer's order shall be of no effect unless repeated herein or agreed in writing by the Company.
b. All Quotations made after the first date that the Terms are brought to the Customer's attention are subject to the Terms unless otherwise specified in writing by the Company.

3. Commencement Date
a. The Company requires not less than 30 days prior written notification of the date upon which the Work is to be carried out. If, for any reason, the Customer requires the work to be done on less than 30 days' prior notice, the Company shall have the right to either:
i. accept such shorter notice period or
ii. accept such shorter notice period subject to the Customer paying an additional charge in respect of any Work which is required to be undertaken outside normal weekday hours or
iii. decline to accept the notice and require that the said 30 days notice period be given.
b. Immediately upon arrival at the Site, the Company's representative shall tender to a representative of the Customer a form confirming the extent of the Work to be undertaken. The Customer must draw any discrepancy to the attention of the Company's representative at this time and failure to do so, or if the Customer shall have no representative on the Site to sign this form, the Company's representative's signature shall be conclusive evidence as to the scope of the Work to be carried out.
c. Upon completion of the Work, the Company's representative shall tender to a representative of the Customer a form for signature confirming that the Work has been carried out in full to the satisfaction of the Customer. The Customer's representative must draw any discrepancy to the attention of the Company's representative at this time and failure to do so, or if the Customer shall have no representative on the Site to sign this form, the Company's representative's signature shall be conclusive evidence of the completion of the Work to a satisfactory standard.

4. Condition of the Site
a. The Customer must ensure at the time at which the Work is to be carried out that, unless otherwise specified in the quotation, the Site complies with the following requirements at no cost to the Company:
i. scaffolding or staging capable of giving firm and stable support for the Company's personnel and equipment is in place in compliance with all statutory or regulatory requirements and to the satisfaction of the Company; and
ii. a supply of electricity equal to 110/240 volts single phase 30 amp rating is available and adjacent to the point at which the Work is to be carried out; and
iii. where necessary, a supply of appropriate lighting at the point at which the Works is to be carried out; and
iv. the Site and all persons and equipment being employed on it comply with all statutory and regulatory requirements relating to the health and safety of persons gaining access to the site.
b. If, for any reason, when the Company attends on Site to carry out the Work these requirements have not been complied with, the Company may:
i. elect to carry out the Work but charging for any costs it incurs in preparing the Site to those requirements; or
ii. elect to remain on Site whilst the Customer takes necessary steps to render the Site available to the Company in accordance with the above requirements, the Company charging for such waiting time at the rate specified in the Quotation; or
iii. elect to leave the Site and return at some time in the future notified to the Company in accordance with these Terms when the Site is in accordance with the above requirements, in which event the Company may charge for its wasted time in accordance with the rate specified in the Quotation for waiting time.
c. Where the Company has submitted a Quotation prior to a site inspection, the Company reserves the right to withdraw from any Quotation or other responsibility if, in the Company's sole opinion, access to or the condition of the Site is unsuitable or unsafe for work to be carried out.

5. The Work
a. The Work is as specified in the Quotation. The Company will not be responsible for the removal or disposal of materials freed or dislodged in the course of the Work unless specified in the Quotation. If requested by the Customer, the Company may elect to undertake such additional Work at its then prevailing rates.

6. Finders Fee
a. The Customer agrees to pay to the Company a finders' fee where the Company has first employed a person or contractor, for any amount of time, on a project and the Customer then employs the person. The sum of £1000.00 per Employee or Contractor will become payable to the Company on the first day, or part there of, of the employment.

7. Prices
a. Prices and Quotations are subject to acceptance by the Customer within 30 days of the Quotation and to the Works being carried out within 6 months of acceptance. If the Quotation is accepted after the 30 days period or the Work is carried out more than 6 months from acceptance then the Price may be amended by the Company to coincide with its rates prevailing at the time at which the Quotation is accepted or the Work actually carried out, whichever the case may be.
b. Unless specified in the Quotation, Prices are based on the Work being carried out by the Company's personnel within normal weekday working hours (statutory holidays excepted). If the Customer requires Work to be done outside such hours, the Company may increase the Price to a level commensurate with the hours worked and the overtime rates applicable to such hours if appropriate.
c. Prices are calculated on the basis that the provisions in these Terms relating to the Site and the Work are strictly complied with by the Customer in full and to the extent of any non-compliance, the Company may charge waiting time at a rate specified in the Quotation for any period of time lost by such non-compliance and/or any additional fee for such additional Work to be provided by the Company.
d. Additional work, not in the original contract, will be charged for as detailed in the form of a Quotation for additional work. Where a situation arises that a Quotation can not be forwarded to the Customer prior to the commencement of the work, the Customer agrees to pay such costs arising from the work. The Company will take efforts to advise of any costs involved and will make such efforts to forward to the Customer, in writing, a Quotation at its earliest convenience.

8. Payment
a. Unless otherwise specified in the Quotation or agreed by the Company in writing, invoices in respect of the Work shall be rendered to the Customer on a weekly basis and fall due for full payment not later than 7 days following the date of such invoice.
b. Unless otherwise specified in the Quotation or agreed by the Company in writing, no payment in respect of retention or snagging shall be withheld by the Customer.
c. The Company reserves the right to charge interest on unpaid invoices from the date upon which they fall due for payment until payment is actually made in full at the rate of 8% above the base rate of Barclays Bank plc from time to time prevailing.
d. The Company reserves the right to suspend or delay any work being undertaken for the Customer and remove all goods, plant and materials belonging to the Company if any payments due to the Company from the Customer (whether in respect of the same Site and /or the same Contract or otherwise) are overdue until such payments have been made in full together with all interest thereon that the Company elects to charge as specified elsewhere within these Terms.

9. Delay
a. In the event of:
i. the Company being delayed in or prevented from commencing or completing the Work owing to an act of god, force majeure, war, civil disturbance, requisitioning, government or parliament import or export regulations, strike, lock-out, trade dispute, difficulty in obtaining workmen or materials, breakdown of machinery, shortage of fuel, fire, accident or any case whatsoever beyond the Company's control the Company shall be at liberty to cancel or suspend the Contract without incurring any liability or loss or damage resulting therefrom.
ii. Where the Customer has served notice on the Company of a date which the Work is to be carried out the Company will make every effort to comply with such but cannot guarantee that the Work can be carried out on the date so notified and the Company accepts no liability for any delay in carrying out the Work and no such delay shall entitle the Customer to repudiate the Contract or any part thereof or to claim any damages or compensation in respect of the said delay.

10. Storage
a. Where for any reason the Company is required to leave equipment or materials at the Site for any period of time, the Customer must guarantee that adequate secure storage is available on the Site for such equipment or materials.

11. Warranty and Indemnity
a. It is understood that the Company's sole responsibility under the Contract is to carry out the Work in accordance with the Terms and, subject to restrictions on the Company's liability specified within the Terms, the Company's only warranty is that all precautions are taken to ensure the quality of workmanship involved in carrying out the Work. In no circumstances will the Company accept responsibility for any defects or damages whatsoever arising out of situations outside the control of the Company.
b. In particular the Company does not accept any liability for any of the following:
i. The accuracy of any drawings provided by the Customer in relationship to the Work to be carried out.
ii. The Customer's failure to ensure that the Work will not cause damage to any conduits, drains, cables or other services.
iii. The Customer's failure to comply with the requirements governing the condition of the Site for as long as the Work is being carried out.
iv. The stability, quality, suitability or otherwise of the structure where the Work is to be carried out.

12. Restriction on the Company's Liability
a. All express or implied warranties , conditions, representations, undertakings or liabilities whatsoever imposed regarding damage or loss are hereby expressly excluded insofar that such matters are within the bounds of reasonableness and in the light of these Terms.
b. The Company accepts no responsibility for any damage whatsoever of profits, costs, charges, expenses or other liability, whether of the Customer or of any other party, arising out of the Company's negligence, breach of contract or breach of statutory duty or in any other manner arising but within the bounds of reasonableness.

13. Whole Agreement
a. These Terms embody and set forth the entire agreement and understanding of the parties and supersedes all prior oral or written agreements or understandings or arrangements relating to the subject matter of the Contract. Neither party shall be entitled to reply on any agreement, understanding or arrangement that is not expressly set forth in these Terms.
b. No provision or condition of this Policy may be waived or modified except by an endorsement signed by an authorised official of CASA build Ltd.

14. Notices
It is agreed between the parties that:
a. All communications between the parties shall be by hand or sent by first class post, facsimile or electronic transmission to the address of the parties set out in the Order or such other address as each party shall notify in writing to the other for such purpose from time to time.
b. Any communication sent by post that is not returned to the sender as undelivered shall be deemed to have been given on the second day after the envelope containing the same was posted. Any notice or other information sent by facsimile or electronic transmission shall be deemed to have been duly sent on the day of transmission provided that a confirming copy thereof is sent by first class pre-paid post to the other party at the address referred to in a. above within 24 hours of transmission.

15. Ownership
a. Notwithstanding that risk in the goods may have passed in accordance with the Conditions, ownership of the goods shall not pass to the Customer until the earliest of the following events occurs:
i. The company receives payment for all amounts payable to it under these Conditions and for all monies outstanding from the Customer to the Company in respect of other goods provided by the Company;
ii. The Company transfer ownership in respect of specified goods by separate written agreement with the Customer.
b. Before ownership has passed the Customer holds the goods as mere bailee and the Company reserves the right to repossess any of the goods in respect of which payment is outstanding and thereafter to resell the same and for this purpose the Customer here by grants an irrevocable right and license to the Company's servants and agents to enter upon all or any of its premises with or without vehicles during normal business hours. This right shall continue to subsist notwithstanding the termination of the contract through the happening of any of the events specified and is without prejudice to any accrued rights to of the Company there under.
c. The customers licence to sell is immediately revoked where the Customer becomes insolvent.
d. We reserve the right to remove goods not paid for in full, where ever they may be.
e. Ownership will not pass to a third party if sold by the customer until payment has been made in full for the goods.
f. The Company and its agents reserve the right to seize its goods from the premises of a Third party, goods that have not been paid for by the customer and where the customer has not paid for the goods or the customer becomes insolvent.
g. If payment is not made in full within the agreed time limit, the Company reserves the right to remove goods that it has supplied or in the case of labour only we can remove the goods supplied by others and fixed by the Company. The Company will charge the Customer for the costs involved in carrying out this work and for any storage costs that it may incur and any other costs involved with this work. When payment is made the Company can charge the Customer for the re-installation of the goods and any other costs involved with the re-fixing of the goods.

16. Legal Construction
These Terms shall in all respect be construed in accordance with and be governed by English Law.

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