TERMS & CONDITIONS

TERMS AND CONDITIONS.

INTERPRETATIONS.

“Conditions” means the conditions upon which R1 shall enter into any works for the Customer and shall apply to allWorks and subsequent works carried out by R1 to the Customer.

“Customer” means the person who contracts R1 to conduct the Works.

“Defect” means Goods that are supplied which are defective in material or workmanship.

“Goods” means the goods (including, materials, pallets, packaging and containers) or where the context permits theservices to be supplied by R1 to the Customer.

“Order” means the formal acceptance of the proposal by the Customer whether it be express or implied.

“R1” means R1 Construction Limited a company registered in Guernsey with registered number 44330 and with registered office situated at SHANDRY, ROUTE DU PORT GRAT, ST SAMPSON, GUERNSEY, GY2 4TB and shall include all of its employees, Directors, Officers, agents and Sub-Contractors.

“Sub-Contractors” means any other persons contracted by R1 to carry out the Works.

“Works” means the services and/or materials to be provided by R1 to the Customer together with any works and/or materials carried out by Sub-Contractors.

GENERAL:

1. Acceptance by R1 of the Works to the Customer is conditional upon acceptance by the Customer of these Conditions which override all other terms or conditions inconsistent therewith, express, implied or otherwise.

2. No variation of these Conditions shall be binding upon R1 unless otherwise agreed by R1 in writing.

3. Quotations are invitations to treat and may be withdrawn at any time. In any event they shall lapse 30 days from the date of the quotation.

4. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.

5. The waiver by R1 of any breach or default of these Conditions shall not be construed as a continued waiver of that breach nor as a waiver of any subsequent breach of the same or any other provision.

8. Variation order – R1 reserves the right to alter the amount of the quotation or estimate should the specification of the works be changed or increased, or if unforeseen problems are encountered and dealt with. Wherever possible, Customer approval will be sought in advance of any such work being undertaken. If extra work is accepted by R1, and carried out, extra costs will be incurred.

9. The Customer agrees to the display of a sign visible from the exterior of their property displaying the company name and contact details for the duration on the works (unless this causes contravention of a lease clause).

10. R1 may include pictures of the Works on its website www.r1construction.com. However, if there should be any objection to the use of photography in this manner, R1 should be advised accordingly.

11. As of 2006 the Approved code of practice (ACoP) states “The owner of any residential premises must have an Asbestos Containing Materials (ACM) survey conducted prior to commencement of Refurbishment or Demolition works.” Surveys and remedial works pertaining to the management of ACMs are the responsibility of the Customer.

12. The Customer may not employ the services of any contractor, sub-contractor or worker provided by R1 on a direct or indirect basis before or during Works, and for a period of 12 months following completion of the Works.

13. The Customer will make available reasonable storage space for the duration of the works.

WORKS GENERAL:

14. Any quotation or estimate assumes uninterrupted access (i.e. no other contractors on site) and free access to an adequate power supply, toilet facilities and warm running water etc.

15. Any decorating work noted, unless otherwise stated, assumed surfaces to be painted are in stable condition. Any tiling work noted, unless otherwise stated, assumes standard size and standard materials will be used. Additional time will be required (and therefore costs increased) for glass, natural stones and granites, oversized or small (mosaic) tiles. This list is not exclusive.

16. R1 will not be responsible for damage that may occur to existing fittings that are removed (for example skirting, dado rail etc). Where the Customer would like them to be replaced R1 will use due care and attention as far as possible.

17. Whilst all due care will be taken, R1 cannot be held responsible for any cracking or damage that may occur by movement or vibration in the structure during the course of the works.

18. Whilst all due care will be taken, R1 cannot be held responsible for dust/dirt that may be caused during the period of the Works, nor can R1 be held responsible for any damage caused to personal items left within the ongoing work area. These should be removed or relocated or covered before arrival on site.

19. The Works covered by the quotation or estimate may require building regulation / planning approval which is the responsibility of the Customer.

20. R1 will be allowed reasonable access to the Customer’s water, electricity and toilet facilities at the cost of the Customer.
Defects & Liabilities:

21. In the event there is a dispute with any invoice or Works carried out by R1, these should be raised in writing within 5 days of the next invoice date. Should R1 not receive a dispute within this time period, payment is due. If the dispute cannot be resolved then an arbitrator will be appointed, this person is to be agreed by both parties.

22. If R1 is satisfied that Goods supplied are defective in material or workmanship subject to the conditions set out below R1 shall in its sole discretion either repair the Goods at our own expense or supply replacement Goods or refund all (where appropriate part) of the price paid for the relevant Goods.

23. R1 will not be liable under Clause 23;

(i) for the cost of removing defective Goods which have been fixed or installed or the cost of fixing or installing repaired or replacement Goods or for making good any other material.

(ii) if the defect arises from any drawing design specification or instructions supplied by the Customer.

(iii) if the defect arises from fair wear and tear, wilful damage, negligence, abnormal working conditions, misuse, alterationor repair of the Goods, failure to follow British Standard or industry instructions relevant to the Goods or storage ofthe Goods in unsuitable conditions on the part of the Customer.

(iv) unless the defect is discovered within one month from the date of delivery and R1 are given written notice of the defect within 7 working days of it being discovered, except if the defect would have been apparent on an inspection at the time of delivery in which case written notice must be given to R1 within 3 days of delivery.

(v) unless R1 are given an opportunity to inspect the Goods and until such inspection occurs the Goods are not to be used or if already used will not be interfered with.

(vi) if at the time of the discovery of the defect the price for the Goods in question was due and has not been paid.

(vii) if the Goods are not manufactured by R1, in which case our liability of whatsoever nature howsoever arising will be limited to such rights against the manufacturer as R1 may have in respect of those Goods. R1 will upon written request provide details of any such rights to the Customer and any other terms and conditions imposed by the manufacturer.

PAYMENT:

24. Unless the sale is for cash or is upon shorter credit terms indicated on the invoice, accounts are due for payment within 7 days of the invoice date if payment is being made by bank transfer or within 5 days if payment is being made by cheque.

25. Invoices for works greater than £3,000 will be presented at suitable intervals during the course of works and invoice lower than £3,000 will be presented upon practical completion of the works.

26. No retention amount is applicable unless by agreement in writing.

27. R1 reserve the right to add interest at 1% per day on all overdue accounts and/or remove any discount offered.

28. R1 reserve the right to refuse to execute any order or contract if the arrangements for payment or the customer’s credit are not satisfactory to R1.

29. In the case of non-payment of any account when due or if there shall be any default or refusal on the part of the Customer to take due delivery of any Goods or in the case of death, incapacity, or if the Customer is subject to any form of insolvency or is subject to any Warrant of Execution or Distraint Notice or a Receiver is appointed over all or any assets of the Customer then the purchase price of all Goods provided to the Customer shall become due and payable and in addition R1 shall have the right to cancel every contract made with the Customer or to suspend or continue delivery of Goods at R1’s option without prejudice to R1’s right to recover any loss sustained.

30. The Customer shall not be entitled to withhold payment of any amount payable by reason of any dispute or claim nor shall the Customer be entitled to set off against any amount payable any amount which is not then due andpayable by R1 or for which R1 dispute liability.

PRICE:

31. The price Quoted, Estimated or agreed are based on costs prevailing at the time when they are given or agreed. R1 reserve the right to adjust the price of the Goods at the time of delivery to take account of any direct or indirect price fluctuation sustained by R1 in relation to the Goods or if the quantity of Goods ordered does not equal the quantity referred to in any quotation or estimation.

DELIVERY:

32. Any statement in any quotation, estimate or contract made by R1 as to the time or date for delivery of Goods is to be treated as an approximate estimate. R1 cannot accept any liability for any delay in delivery howsoever caused. Time shall not be of the essence of any agreement between R1 and the Customer.

33. R1 shall not be liable for any delay or failure to perform any of its obligations to the Customer due to Force Majeure which shall include industrial action.

34. R1 do not undertake to deliver or collect any load over roads or ground which in R1’s discretion, R1 consider to be unsuitable. If a vehicle used for performing R1’s contract with any Customer delivers or collects a load to or from a place situated off the public highway, the Customer is to be solely responsible for and shall indemnify R1 fully against any damage or accident.

35. If the Customer wishes to claim that there is any shortage on delivery in respect of Goods supplied by R1 or that the Goods have been damaged in transit or that the Goods are not in accordance with the contract the Customer shall give notice to R1 within 5 days of delivery. If the Customer fails to give such notice and fails to give R1 the opportunity to inspect the entire consignment the Goods shall be deemed to have been delivered and to be in accordance with the contract in all respects. R1’s liability for short delivery howsoever caused shall be limited to making good the shortage.

36. Unless otherwise expressly agreed in writing R1’s prices only cover delivery and working on normal working days and during normal working hours. All deliveries made at the Customer’s request on Bank Holidays, Sunday and Saturday afternoons and outside normal working hours, will be subject to extra charges.

37. R1 reserve the right to make delivery by instalments and tender a separate invoice in respect of each instalment. Each delivery shall constitute a separate contract and failure by R1 to deliver any one or more of the instalments or any claim by the Customer in respect of any one or more of the instalments shall not entitle the Customer to treat the contract as a whole as repudiated.

GENERALL LIABILITIES:

38. Nothing in these Conditions shall be deemed to exclude or restrict our liability for death or personal injury resulting from the negligence of R1.

39. Any representations given by R1 to the Customer or its employees or agents as to the condition of the Goods, their fitness for any purpose or estimates of quantity or measurement are followed or acted upon entirely at the Customer’s own risk and R1 shall not be liable for any such representations unless fraudulent. In placing an order with R1 the Customer acknowledges that it does not rely on any such representations (unless fraudulent).

40. Except as expressly provided in these Conditions and except where the Goods are supplied to a person dealing as a Customer all warranties, conditions, express or implied statutory or otherwise are excluded to the fullest extent permitted by law.

41. Save as set out in these Conditions R1 shall not be liable by reason of any representation (unless fraudulent) or any implied warranty condition or other term, or any duty at common law or under the express terms of the contract for any indirect loss, loss of profit, bonus, business contracts, revenues, anticipated savings, the cost of the remedial works, temporary works, additional materials or wasted money, wages, fees, expenses or penalties or other losses whatsoever whether caused by the negligence of R1 or otherwise which arise out of or in connection with supply of the Goods or their use or resale by the Customer.

42. In no circumstances whatsoever shall R1’s liability to the Customer arising under out of or in connection with the supply of Goods exceed the purchase price of the goods which are the subject matter of any claim.

CANCELLATION:

43. Contracts and orders may only be cancelled by the Customer with our agreement in writing.

44. Orders for Goods made or cut specially to order cannot be cancelled.

TITLE AND RISK:

45. Risk in the Goods shall pass to the Customer upon delivery.

46. The ownership of the Goods shall remain with R1 until all sums due by the Customer are paid to R1. In the event of the Goods being damaged or destroyed or lost after delivery R1 shall be entitled to payment in full for the same.

47. Until title passes the Customer will hold the Goods as fiduciary agent and bailee for R1 and shall store, mark or designate all Goods to show clearly that they are our property.

48. The Customer is authorised to use or sell the Goods in the ordinary course of business but shall hold the proceeds or insurance proceeds received in respect of the Goods in trust for R1 and will not mix them with other monies or pay them into an overdrawn bank account.

49. R1 may at any time revoke the power of sale and use granted to the Customer who shall at all reasonable times afford access to our representatives to the premises where our Goods shall be situated for the purpose of repossessing such Goods and shall render all reasonable assistance in removing the same.

NOTICES:

50. Except as otherwise provided, all notices, instructions or other communications shall be in writing and may be made by electronic means, by letter or other form of communication as agreed between the parties from time to time, and delivered to the requisite party at its given address. Any communication shall be deemed delivered:

a) If delivered by hand, at time of delivery;

b) If posted by first class recorded delivery post, when delivery is recorded;

c) If sent by email message at time of transmission Law & Jurisdiction:

51. The construction, validity and performance of these Conditions shall be governed by the Laws of the Bailiwick of Guernsey.