Terms And Conditions
Conditions of Contract
- All quotations given by the Company are exclusive of VAT properly chargeable at the date of invoice.
- A written acceptance of the Company’s quotation must be received before works can commence. Written confirmation of the client’s verbal acceptance is also deemed to constitute a contract. Both forms of acceptance are covered by the following conditions.
- Payment must be received in full within 14 days of receipt of our invoice unless alternative arrangements have been made in writing between the client and the Company prior to acceptance.
- No contra-claims shall be set off against the Company’s invoices without its prior approval in writing.
- No retention can be made by the client unless agreed in writing by the Company prior to acceptance.
- The Company is permitted through these conditions to charge interest on any outstanding monies after the 14 days have expired at 5% above bank base rate for lending at that time.
- The Company, on not receiving monies due them, can, on informing the client in writing, remove all labour from the site 5 days after the date of said letter of intimation.
- Any recommendation made by, or on behalf of the Company as to the nature of the work to be carried out is given in good faith based on past experience.
- It is understood that the Company will have the opportunity of agreeing a mutually satisfactory programme of works with the client at the commencement of the contract. The programme, when agreed must permit acceptable levels of continuity of works on site and to this end the Company shall be granted reasonable access and the timeous provision of the appropriate design information.
- If the completion of any operations within the Company’s estimate and which are to be performed by the Company is delayed by;
- Inclement weather
- Force Majeure
- Loss or damage by fire
- Civil commotion, strike or lockout
- Delay on the part of the contractors or tradesmen not employed by the Company
- The unavailability for reasons beyond the Company’s control of such labour and materials as are necessary or the proper and effective performance of the Company’s obligations under the contract
- Any other cause out with the Company’s control
- The immediately upon the occurrence of any such circumstances the Company will give notice thereof to the client and a fair and reasonable extension time for the completion of such operations shall be allowed.
11. Any defects which become apparent between completion of the contract and final payment must be notified to the Company immediately in writing. Reasonable and fair access must be offered to allow the Company to rectify said defects timeously.
12. The Company will carry the following valid insurances: Public Liability, Contractors All Risk and Employer’s Liability.
13. ‘The Company’ shall mean MMR Ltd., which shall include its’ operatives and agents and any other persons carrying out work under a contract, sub-contractor or other agreements. ‘The Client’ shall mean the person or persons, Company, firm or any other body who contracts for services to be provided by the Company.
14. The contract shall be governed by and construed in all respects in accordance with the Law of Scotland.