By agreeing to this document, both parties agree to be bound by English law and further agree to resolve any dispute using the laws of England. Unless otherwise agreed in writing or within the context of this document, both parties agree to resolve any and all disputes in the High Courts of London. This document over rides and over rules all other contracts, schedule of works, JCT’s, tenders or other documentation.

1:0 Payment Schedules

1.1 Deposits: Deposits to Building Solutions (Midlands) Limited are refundable at the discretion of Building Solutions (Midlands) Limited:-

1:2 Where service delivery has already commenced: Building Solutions (Midlands) Limited reserve the right to refund part of any deposit or the whole deposit:-

1.3 The cost of any goods purchased on behalf of the customer will always be recovered from any deposits and appropriate proof will be given to justify the amounts deducted from any deposit.

1.4 A small service charge equal to 25 percent or £1,500.00 (whichever is greater) will be levied as compensation for loss of earnings and a cancellation fee.

1.5 Staged Payments: Staged payments are required at agreed milestones throughout the project to ensure the positive cash flow of Building Solutions (Midlands) limited:-

1.6 In order to prevent abuse and to ensure fairness for both parties, Building Solutions ( Midlands ) Limited, will provide its customers with a formal cost plan, which will be used by both parties to agree payment schedules in advance of any expenditure and will be used as collateral support against any JCT, CIOB or any other formal contract.

1.7 Once agreed, the cost plan is not subject to interpretation by any third party forum and both parties agree to be legally bound by it.

1.8 Irrespective of any other considerations, our standard Terms and Conditions are not governed or over ridable by any other consideration, without the mutually written consent of both parties.

1.9 Completion Payments: When the contracted work has been completed on a particular project, the final payments are due for all charges described below:-

1.10 Weekly sign off: The client or their agent, or representative on site must make all reasonable efforts to sign customer satisfaction forms, work variation orders, weekly sign off sheets and all relevant contract /project documents. If the client their agent or representative does not make all reasonable efforts to sign Building Solutions ( Midlands ) Limited documents we reserve the right to charge for all materials, labor, travel, and out of pockets expenses this may also included costs as late cancellation of that contract/project.

1.11 Administration & interest payments charges for late invoice payments: We reserve the right to charge our standard administration charge of £120.00 for late payment of Building Solutions (Midlands) Limited invoices. We remind clients that payment is cleared funds in Building Solutions (Midlands) Limited bank account, clients paying by cheque should there for allow themselves the appropriate time for postage and cheque clearance. We reserve the right to charge an additional charge of £70 per hour for reasonable time spent in the administration of late payments. We also reserve the right to charge interest at a reasonable rate of 5% above bank of England base rate for the whole invoice value plus administration charges and any associated professional fees or other genuine expenses incurred relating to late invoice payments or any other costs associated with that project, client or client’s agent.

1.12 Right of Termination/Cancellation Notice of termination of any contract shall be provided formally in writing to by the person or agent who contracted Building Solutions (Midlands) Limited for the original contract. No other form of contract termination will be acknowledged.

1.13 The customer may terminate or cancel this contract at any time before Building Solutions (Midlands) Limited commences the customers work. Under such conditions, Building Solutions (Midlands) Limited reserve the right to exercise all of its options for recovering costs of time and expenses incurred as a result of the project or client.

1.14 If the customer desires to terminate this agreement after work commences then: Building Solutions ( Midlands ) Limited will prepare an itemized statement of costs and expenditures incurred to the date of the formal notice of termination and serve the same to the customer or their nominated representative or terminating agent.

1.15 Any and all costs become due to Building Solutions (Midlands) Limited immediately thereafter.

1.16 Late cancellation charge if a contract or order is cancelled with less than seven working days notice Building Solutions (Midlands) limited reserves the right to charge for all travel, out of pocket expenses and material expenses, restocking charges and 10% of total contract price to cover management costs. Plus our net labor costs for all labor booked to that client or contract project.

1.17 Although Building Solutions (Midlands) Limited will make reasonable efforts to protect a customer’s property or site, we will not be held responsible for minor damage, dust and disruption during any contracted works.

1.18 Supply of materials, sub-contractors, access and other delays Building Solutions (Midlands) Limited will always make every effort to assist in completing works on site. If we are not managing every aspect of the project we will not be held responsible for delays caused by: Delay of materials supplied by client or other contractors : Delays for re-working: :Delays regarding planning, building control, housing standards, environmental health, conservation department, design, or party walls: Delays caused by any contractor or agent employed directly or in directly by the client : Delays caused by any issues regarding access , unavailability of keys, or key holders, or any purchase or legal delays : Delays due to lack of, amenities, water, electric, gas. Drying times: In vacant properties or periods of cold and damp B.S. (M). Will advise if a de-humidifier or heater is required there will be a weekly hire charge for each item required, or you may arrange these items if preferred.

1.19 We may elect to levy a charge for any losses incurred by Building Solutions (Midland) Limited as a result of any of the above or any other genuine delay. Our delay charges will be charged at our net cost plus 75%.

1.20 Sales &Marketing We reserve the right to photograph or film our work for reference and sales and marketing purposes.

2.0 Site Attendance’s (By Main Contractor)
All protective hoarding, mechanical hoisting facilities and scaffold to be fully compliant with current safety legislation.
Welfare facilities on site to be available for our operatives.
Provide free electrical power (110 volts 15 amp) within a distance not exceeding 50 feet from each working force (if 240 volts only available, then a transformer to reduce to 110 volts must be provided)
Suitable and secure storage area to be available with site waste disposal facilities.
Unobstructed and constant access to our working positions all in accordance with HSE guidelines, we reserve the right to abort a visit should site conditions be deemed not suitable in any way that may cause risk to operatives under our supervision.
All procurement and installation dates to be agreed.
Use of Cranes, Unloading, Hoisting and distribution of our materials to working area / level.
Skips.
Our offer is based upon normal working hours, with uninterrupted access at all times.
The quotation is offered on the basis that the sub-contract will be executed under an un-amended form of contract.
This offer is made without engagement and any resulting order requires our acceptance in writing in order to make it a contract. Any such acceptance in writing may be subject to investigation of the Buyers Credit Status. We reserve the right to vary payment terms at any time on the basis of revised credit option.
At this stage our offer excludes the provision of any bond or Warranty.
Should the Sub-contract programme be extended over and above the fixed price then this could incur extra costs.
Those who design works executed by others require Professional Indemnity insurance. We are NOTcover by Professional indemnity.
Emergency and short notice Day work rates (less than 48hrs)
To be calculated as follows: Labor : Cost + 75% Materials : Cost + 25% Plant : Cost + 20%

3.0 Primary Terms
The contract sum will be charged at the rate current at time of invoice.
All orders placed with us may be subject to the client having valid credit references.
Our offer will remain firm for period of 14 days from date of quotation.
The offer and any subsequent order placed will be subject to interim invoices at reasonable frequencies valued proportionately for the work undertaken to that date.
Title of material and goods remains strictly with Building Solutions (Midlands) Limited until payment has been received for that specific element.
Building Solutions (Midlands) Limited will accept no responsibility, unless specifically agreed in writing, for interfacing systems, goods, materials which are not included within the scope of the order or quotation.
Building Solutions (Midlands) Limited reserve the right to have reasonable opportunity to remedy any remedial work which may be deemed as incorrect, without incurring financial penalty or withholding payment.
BS(M) will suffer no financial loss due to unforeseen circumstances. Acts of God, aircraft damage, storm damages, flood damage, fire damage or other acts of God to part completed works will still require payment up to the completed stages and part completed stages and a cancellation fee will be applicable. Building Solutions will not be responsible for costs in cured due to un mapped or hidden services damages to drains, gas, water or electric services.

3.1 Structural repairs When conducting site surveys and structural repairs we take no responsibility for any other part of the fabric of the building other than the specific part that we have quoted to repair. If we feel that the building is in a dangerous condition we reserve the rights to contact the local authority dangerous structures department or other third parties as we see fit. If there is an immediate danger of collapse we may elect to take emergency action if we cannot contact the freeholder, lease holder, their agent or representative direct and this may incur charges.

3.2 Short notice, Emergency works and bank holidays Building Solutions (Midlands) Limited reserves the right to charge for bank holiday working short notice (less than 7days) or emergency works, works carried out for immediate safety, commercial, or personal reasons. We reserve the right to charge for these works at net plus 75%

3.3 Dispute Resolution In the event of a difference of opinion or irreconcilable dispute, both parties agree to resolve the dispute by lawful legal neutral arbitration. The costs of such arbitration to be borne by the failing party: Both parties agree to be legally bound and further agree to be bound by the judgment of the neutral arbitration board.

3.4 Excluded from this quotation: Decorative finishing. Re-positioning of incoming water mains, gas mains, electric mains, computing, telephony or any other services. This quote excludes the cost of Building control site visits. This cost excludes any fee’s payable for design work, planning, professional fees, etc. We always make every effort to include all items, if there is any item you feel we may have omitted or any additional item we request that you inform us in writing a minimum of 7 days prior to design or site works commencing. SKIP HIRE OR WASTE REMOVAL FROM SITE (unless specified in quote)

3.5 Planning, building control, design, project, conservation, grant and customer meeting Building Solutions (Midlands) Limited retains the rights to charge for a reasonable amount of time and expenses incurred for meetings held in relation to clients or their projects.

3.6 Salvage rights Building Solutions (Midlands) Limited retains the rights to dispose of any or all materials removed from a property, unless the client has given us written notice that they will retain the salvage prior to work commencing.

3.7 Drawing, data, and customer information Building Solutions (Midlands) Limited will not be held responsible for control of drawing and drawing updates and issues. We ask that all information passed to us by a client or their agent or representative be copied and retained by the client or their agent or representative.

3.8 Faulty materials and goods Building Solutions (Midlands) Limited remind our clients that if our installation of goods or materials is correct it is their responsibility to contact the manufactures direct to discuss any issues arising from faulty materials or goods and we will charge a reasonable amount for time and expenses consumed liaising with suppliers and manufactures.

3.9 Electrical works to properties The supply and installation of the electrical work assumes that the existing installation is satisfactory and up to current 17th edition IEE Regulations. If however on inspection of the existing system of wiring it is found to be deficient in any way we may be forced to condemn the installation for safety.

4.0 Original Documentation and certificates Building Solutions (Midlands) Limited is not responsible for the hand delivery or replacement of lost or damaged certification and documentation. We make every effort to leave certificates and documentation with clients but we do not send documentation by recorded delivery if clients require their certificates or documentation by recorded delivery we charge £10 per item or batch sent.

4.1 Post project documents Please be aware that during periods of high demand it can take up to 28days for invoices, and other post project documentation to be prepared.

4.2 Planning, Building Regulation Control, CDM regulations, waste carry licenses Boundary and Party wall agreements We remind our clients it is ultimately the freeholders or leaseholders responsibility to ensure all the correct permissions are in place, prior to works commencing. If you require advice as to the basic legal requirements we can offer our advice. We will not be held accountable for illegal developments or works carried out without building regulation approval. It is the responsibility of the client to obtain all the correct permissions including, party wall/boundary agreements and advice on C.D.M regulations.

4.3 Work Variation orders agreement & payment Work variations, during the project design or build phases we may advise of additional unforeseen costs. It may be necessary to have our clients or their agent’s decision to go ahead with the works within 24hrs in an effort to keep the build to schedule. We will make all reasonable efforts to contact you and advise to any additional costs, if you are unobtainable after reasonable efforts we may deem to carry out these works and charge for our net costs. To keep to the agreed payment schedule we will require payment for all work variation orders with in 48hrs.

4.4 Retention of title
i. Notwithstanding delivery and the passing of risk in the goods or any other provision of these Conditions the property in
the goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of
both:
a) The price of the goods and
b) The price of all other goods agreed to be sold by the Company to the Customer for which payment is
then due.
ii. Until such time as title in the goods has passed to the Customer:
a) The Company shall have absolute authority to retake, sell or otherwise deal with or dispose of all or
any part of the goods in which title remains vested in the Company;
b) For the purpose specified in (a) above, the Company or any of its agents or authorised representatives
shall be entitled at any time and without notice to enter upon any premises in which the goods or any
part thereof is stored or kept or is reasonably believed so to be;
c) The Company shall be entitled to seek a Court Injunction to prevent the Customer r from selling,
transferring or otherwise disposing of the goods
d) The Customer shall store or otherwise denote the goods in respect of which property remains with the
Company in such a way that the same can be recognised as the property of the Company.
iii. The Customer’s right to use the goods or to resell them prior to full payment may be terminated forthwith by written
notice given by the Company to the Customer and shall automatically terminate with or without such notice if the
Customer being an individual becomes bankrupt or insolvent or has an Interim Order made in respect of him or
compounds with his creditors or calls any meeting of his creditors for the purpose of approving a Voluntary
Arrangement or being a company has a winding up petition presented by any creditor or calls a meeting of creditors for
the purposes of approving a Voluntary Arrangement or appointing a Liquidator, becomes insolvent or has a Receiver
or Administrator appointed.
4.5 Rights to festoon We reserve the rights to festoon any site or property with a reasonable level of signage or liveriage for the purpose of temporary advertising of Building Solutions (Midlands) limited, our sub-contractors, trade bodies or affiliated trades or professions. This is to be contained to one sign not to exceed 3mtrs x 3mtrs for single domestic properties or scaffolding banners not to exceed 2mtrs x 6mtrs.
4.6 Retention of project drawings and documentation We will not hold clients drawings or other documentation unless we have been retained by the client. All drawings and documentation given to BS(M) or its representatives will not be returned unless agreed prior in writing.

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