Grinters Limited
TERMS & CONDITIONS OF ESTIMATE
1. BASIS OF ESTIMATE
a. Our estimate is based upon the ‘Project Estimate Schedule’ and the items that have been detailed within that schedule.
b. Works not specifically detailed within the ‘Project Estimate Schedule’ have not been included within the estimate and will not be conducted unless agreed as part of a Variation or Addition, in accordance with Clause 2.
c. Where elements of work have been included within the ‘Project Estimate Schedule’ and a request is made to change the nature of the work by way of enhancing, increasing or otherwise altering the specification these works will not be conducted unless agreed as part of a Variation, Addition or Omission, in accordance with Clause 2.
d. Where the Client produces, or has produced on their behalf a schedule of works or bill of quantity this will form the basis of our estimate and the Client shall be fully responsible for this being a true and complete indication of their intentions and the works they intend to have conducted. Where deficiencies are discovered works will not be conducted unless agreed as part of a Variation, Addition or Omission, in accordance with Clause 2.
e. Our estimate remains open for acceptance for a period of 3 months from the date of the estimate, but if excessive increases in materials and or labour occur during this 3 month period we reserve the right to include such additional material and labour costs.
2. VARIATIONS, ADDITIONS OR OMISSIONS TO THE ESTIMATED WORKS
a. The Client may request variations, additions or omissions to the Works detailed in the ‘Project Estimate Schedule’ and request a quotation for such works where it is possible to predetermine them within an appropriate timescale.
b. If it is not possible to accurately determine and quote for a variation, addition or omission prior to the works being conducted then Grinters Limited shall be entitled to full reimbursement for labour, plant, material, sub-contractor and other costs incurred including necessary allowances to cover overheads and profit.
c. All variations, additions or omissions will be scheduled at the end of the ‘Project Estimate Schedule’ which will be periodically issued to the Client during the works as necessary and used as the basis of the Final Account taking into consideration 2a and 2b.
3. DESIGNS & DOCUMENTATION PRODUCED BY THE CLIENT OR THEIR APPOINTED REPRESENTATIVES
a. Where the Client produces, or has produced on their behalf, any designs, specifications, drawings, schedule of works, report or other document detailing the Works the Client shall be fully responsible for any such designs, specifications, drawings, schedule of works, report or other document as being a true and complete indication of their intentions and that they conform with Planning, Building Regulations, Listed Building Consent and any other statutory requirement and fit for their intended purpose.
4. STATUTORY CONSENTS
a. It is the responsibility of the Client to obtain all necessary consents for the works unless Grinters Limited have accepted responsibility to gaining the appropriate consents with the ‘Project Estimate Schedule’. These consents include but are not limited to: Planning Permission, Building Regulations Design / Plan Approval, Listed Building Consent, Party Wall Agreement or Agreements, Statutory Undertakers Consent in relation to services on or near the site or works area, Highways Approval, Rights of Access.
b. Grinters Limited shall be entitled to reinbursement of necessary project planning labour costs, materials costs and supplier costs where the necessary Statutory Consents have not been received 3 weeks prior to the given start date and where the Client is responisble for the provision of such Statutory Consents.
5. PROJECT PLANNING AND LEAD IN PERIOD
a. Grinters Limited opperate a project lead in period, the length of which is detailed within the estimate letter. This is the minimum period required to plan an implement the project. Upon acceptance of the estimate the Client accepts that this period is required before work on site can begin.
b. Upon Client acceptance of the estimate, Grinters Limited will provide a project site start date upon which date it is anticipated that the works will commence.
c. The Client is required to have made all decisions in relation to project design and specification no later than 3 weeks prior to the given start date.
d. Grinters Limited reserve the right to delay the works commencement date as necessary to account for delays in Clients confirming the precise nature of the works.
e. Grinters Limited shall be entitled to reinbursement of necessary project planning labour costs, materials costs, supplier costs and acceleration costs where these have been incurred because of changes to the project design and specification being made within 3 weeks of the given start date. These will be clearlt itemised as a Variation, Addition or Omission as detailed in section 2.
6. TIMING OF THE WORKS AND DELAYS
a. Grinters Limited will provide an estimate of the likely timescale for the project based upon the information provided at the time of preparing the ‘Project Estimate Schedule’.
b. Grinters Limited will notify the Client of any likely delays as soon as they become apparent and provide periodic updates of the progress of the delayed items until such time as they have been completed.
c. Grinters Limited will not be responsible for any loss and expense associated with delays to the project unless specifically agreed in writing before the project commences.
d. Where the works are dependant upon external factors beyond the control of Grinters Limited including but not limited to weather delays, statutory permission delays, specified product supply chain delays, delays caused by the discovery of unknown elements, variations and additions to the works, Grinters Limited will be entitled to reinbursement of preliminary, labour, plant, material, sub-contract and overheads costs. These will be clearly itemised as a Variation, Addition or Omission as detailed in section 2.
7. MATERIALS & GOODS
a. Materials and goods supplied under this contract should be of merchantable quality and fit for their normal intended purpose.
b. All materials and goods delivered to site shall belong to Grinters Limited until such time as they have been paid for in full.
c. Grinters Limited will not be liable for the fitness and merchantability of any materials supplied by the Client.
d. Grinters Limited will not be liable for checking or inspecting materials or goods supplied by the Client. Where materials or goods supplied by the Client are found to be defective the Client is to take all necessary actions required to provide suitable replacements in a timely manner. Grinters Limited shall be entitled to the reimbursement of all preliminary, labour, plant, materials, sub-contractor and overhead costs associated with any delays brought about by defective Client supplied materials and goods.
e. The Client shall forward or agree a list of all materials and goods, and any fixtures and fittings which are to remain in the area of the property affected by the works.
8. PAYMENT
a. Where Grinters Limited are submitting applications to Statutory or Local Authorities, payment will be requested prior to these application being made.
b. Where Grinters Limited are providing materials for the works, an invoice for those materials will be raised upon order confirmation & payment is then requested to have cleared before materials are placed on order.
c. Where the period of time for completing the works is 28 days or greater Grinters Limited may apply at intervals of 14 days for payment of the total works executed plus the cost of materials and goods delivered to the project address. Payment is then requested within 7 days of the invoice date.
d. Upon completion of the works, Grinters Limited will provide the Client with a Final Account comprising the final amount due, minus any Interim Payments made, and any Variations, Additions or Omissions, in accordance with Clause 2.
9. VALUE ADDED TAX
a. The ‘Project Estimate Schedule’ indicates the VAT rate that has been included at the date of the estimate.
b. It is the Client’s responsibilty to provide appropriate evidence that a reduced or zero rate of VAT can be applied for the works in question. Grinters Limited will then adjudge whether this evidence is sufficient to apply a reduction or zero rating.
c. Grinters Limited require that the Client signs a written undertaking that should an ehanced level of VAT become due because of deficiencies in the evidence provided by the Client, all of such enhanced VAT liability and any associated costs or interest shall be met wholly by the Client.