TERMS & CONDITIONS
OUR STANDARD PROCESS
Email confirmation of estimate acceptance and Terms of Business
and transfer requested deposit along with a signature on the PDF quotation attachment with our terms stated on it.
1. Definitions
“Agent” means a person or organisation who acts on behalf of the Contractor.
“Contractor” means North London masons and any of their employees and/or
agents.
“Customer” means any person who purchases Goods and Services from North London masons.
“Site” means the location where the Works will be undertaken.
“Working period” means the date/s that the Contractor and the Consumer
agree for the works to be completed.
“Works” means the scope of work agreed, within the attached quote, to be
completed by the Contractor for the benefit of the Customer.
2. Contractor’s Responsibilities
The Contractor agrees to:
complete the Works carefully and competently;
use materials which are of satisfactory quality and fit for purpose. The
materials will be new unless agreed between the parties in writing;
take all reasonable steps to minimise health and safety risks to themselves,
agents, the Customer and others;
take all reasonable steps to minimise environmental damage;
ensure that any temporary protection for the Works is safe and weatherproof;
store away any tools or equipment used at the end of each working day; and
leave the site in a clean and tidy condition after completing the works.
3. Customer’s Responsibilities
The Customer agrees to:
take notice of all safety warnings given by the Contractor;
follow any reasonable instructions given by the Contractor in respect of the
Works being carried out;
not allow any unauthorised persons (including children) to access the site
during work times;
give the Contractor access to the Site during the agreed working hours
throughout the working period; and
keep the Site clear of obstructions to allow the Contractor to carry out the
Works.
due to the nature of brickwork the work the customer is responsible for any
‘making good’ should the type of work being carried out require separate
contractors to make good any areas i.e. decorators/gardeners etc.
Pay the invoice in a timely manner (no later than 48 hours after issued) with
any queries being represented via email within 48 hours of the invoice being
issued.
The client will be responsible for provision of a 240v electrical supply and
reasonable access to water, and toilet facilities at their cost.
4. Cooling-Off Period
Cancellation Rights under the Consumer Contracts (Information, Cancellation
and Additional Charges) Regulations 2013:
There are certain circumstances under the above regulations where the
Customer has 14 days from the day after the contract was agreed to cancel
this Agreement. This only applies where the contract was agreed in the
Customer’s home with the tradesperson present, or somewhere else outside
of the Contractor’s business premises.
If the Customer wishes to exercise their right to cancel they must inform the
Contractor as soon as reasonably possible (and within the 14 days) prior to the
job start date. The Customer can email, write or telephone, the Contractor to
cancel this Agreement.
Customers do not automatically get a cooling-off period if:
They have something specially made for the Works - for example, made to
measure items, or
The Customer invites the Contractor into their home for urgent repairs or
maintenance
5. Force Majeure
If circumstances beyond the Contractor’s control prevent or impede the
provision of the Works, the Contractor may elect to terminate this Agreement
or continue to proceed until such circumstances have ceased. In the event that
this Agreement is terminated, the Contractor must return any monies paid for
works not yet completed. For the avoidance of doubt, the Contactor may retain
all monies paid to them for works already completed.
Circumstances beyond the Contractor’s control include, but are not limited to:
unavailability of materials or components due to adverse weather, industrial
action or other serious third-party intervention;
adverse weather;
strikes;
lockouts;
riots;
natural disasters;
fire;
war;
serious illness; and
government decrees, proclamations or orders.
6. Termination
The Customer has the right to terminate this Agreement:
if the Works are not progressing at a reasonable pace, taking into account the
type, size and complexity of the Works;
if the Contractor acts in a reckless manner that would jeopardise the health
and safety of themselves or others on the Site;
if the Contractor commits gross misconduct on the Site; and/or
the Contractor files for bankruptcy and/or insolvency.
If the Customer terminates this Agreement, they will only need to pay the
amount owed pursuant to the payment terms at the time of cancellation or
whatever other sum agreed between the parties in writing. For the avoidance
of doubt, this does not impede on any legal right the Customer may have to
offset the amount owed or be compensated for any breach of contract by the
Contractor.
The client shall indemnify the North London masons in full against all loss
(including loss of profit), costs (including the cost of all labour and materials),
damages, charges and expenses incurred by the North London masons as a
result of termination should work already have been carried out.
The Contractor has the right to terminate this Agreement:
if the Customer does not pay any amount due to them pursuant to the payment
terms without good reason;
if the Customer prevents or obstructs the Contractor from conducting the
Works in a safe manner; and
the Customer files for bankruptcy and/or insolvency.
If the Contractor terminates the contract, they will only retain the amount of
monies owed to them pursuant to the payment plan at the time of cancellation
or whatever other sum agreed between the parties in writing.
7. Payment
Unless otherwise agreed: 30% to be paid as a deposit after accepting the
quote and terms of business and the balance to be paid on receipt of invoice
after completion no later than 48 hours after it is issued.
Interest on overdue payments shall accrue from the date when payment
becomes due from day to day until the date of payment at a rate of 2% per
month above Santander’s base rate from time to time in force (part of a month
being treated as a full month for the purpose of calculating interest) and shall
accrue at such a rate after as well as before any judgement. Interest shall
become due and payable notwithstanding the fact that the account or part of it
is subject to any dispute or query
8. Additional Works
Any further works or payments that differs from quote agreement must be
subject to a further quote and again agreed in writing.
In the event that any materials are substituted for a product of differing quality
or value, this must be subject to a further agreement between the parties in
writing. If more monies are owed to the Contractor as a result of the material
substitution, this difference becomes due and payable by the Customer upon
receipt of an invoice from the Contractor.
9. Agency and Assignment
The Contractor may use sub-contractors or agents to perform specialist tasks
and this will be included in the quoted labour costs unless discussed
beforehand.
10. Non-Limitation of the Other Rights and Remedies
The rights and remedies provided under this Agreement are in addition to the
Customer’s consumer rights.
11. Cancellation
Work may be cancelled by the client, made in writing, and they must expressly
communicate this to each other (the Contractor) before the deposit is paid (ie
materials bought). Failure to do so will result in the the client shall indemnify
the North London Masons in full against all loss (including loss of profit), costs
(including the cost of all labour and materials), damages, charges and
expenses incurred by the North London Masons as a result of cancellation.
North London Masons must be informed within a 48 hour time period by the client if they so wish to cancel or terminate the project, or the deposit will be non refundable.
12. Contracts (Rights of Third Parties)
Notwithstanding any other provision of this contract, nothing in this Agreement
confers or is intended to confer any right to enforce any of its terms on any
person who is not a party to it and no term of this Agreement is enforceable
under the Contracts (Rights of Third Parties) Act 1999.
13. Jurisdiction
This Agreement is governed by and shall be construed in accordance with the
laws of England and Wales.
14. Disputes
In the event there is a dispute with the invoice or work carried out, any
disputes should be raised in writing within 2 days of invoice date. Should we
not receive written notification of a dispute within this time period, payment is
due and any disputes will be initially dealt with internally and interest will
accrue as listed above.
15. Variations and Extras
Any unforeseen work or variations will be agreed before commencement to a
fixed quotation where possible, in all other cases a day work rate of £250.00
for brickwork work will apply.
16.Samples.
North London Masons offer two free pointing samples of different profiles (on acceptance of quote) any further samples that are requested by the client are charged at £80.00 each plus materials and waste.
Brick wall samples or reference panels are charged at £250.00 plus materials and waste.
Render removal or pebbledash removal samples are charged at £200.00 plus materials and waste.
Pointing sample dimensions are 600mm x 450mm
Brick wall or reference panels are kept at no larger than a square metre. If larger panels are required? These will be subject to a price.
17. Parking
Parking permits to be provided for the duration of the project, any parking fines that incur due to no fault of the North London Masons are added to the next upcoming invoice.