1.1. References to any statutory provision, authority, rule or code of practice shall be deemed to include the amended versions, replacements or successors of such.
Relationship between the Parties
2.1. The Client engages Aspect Building & Plastering to provide the services specified in these terms and conditions and attached schedules.
2.2. No term of this agreement or course of dealings between the parties shall operate to make Aspect Building & Plastering an employee or agent of the Client.
2.2. Neither party shall assign or transfer any of their rights, liabilities or obligations arising under this agreement without the prior written consent of the other party.
3.1. Aspect Building & Plastering shall provide to the Client a proposal for the services to be provided (“the Quotation”) which shall set out:
a) The services which Aspect Building & Plastering will undertake for the Client.
b) The date or time period within which the service will be performed.
c) The prices which the Client shall be charged for the performance of the services including:
i. Any fees which Aspect Building & Plastering shall charge.
ii. Any disbursements or expenses which Aspect Building & Plastering will require the Client to meet (including but not limited to the prices of materials).
iii. Any VAT or tax element which will be payable by the Client.
3.2. The Quotation shall be attached to these terms and conditions as a schedule and where a contract is entered into between Aspect Building & Plastering and the Client, the Client will be deemed to have accepted the content of the Quotation in full.
The Services and the Time and Manner of their Delivery
4.1. Aspect Building & Plastering will provide such services to the Client as are set out in the Quotation.
4.2. The services will be provided to the Client within the timeframe specified in the Quotation.
4.3. Time frames and dates of delivery are provided for guidance only and Aspect Building & Plastering makes no guarantee that the services will be performed within the specified period. For the purposes of this agreement, time shall not be of the essence and Aspect Building & Plastering shall not be liable for any loss or damage suffered by the Client as a result of the delivery of services being delayed or postponed for any reason.
5.1. The contract price is set out in the Quotation, which includes details of the charges which Aspect Building & Plastering will make for labour, materials and plant as well as any taxes or additional costs or expenses or disbursements which Aspect Building & Plastering may charge to the Client.
5.2. The intervals at which Aspect Building & Plastering may invoice the Client in respect of the whole or an instalment of the contract price are set out in the Quotation.
5.3. Notwithstanding 5.1 and 5.2 above, Aspect Building & Plastering may vary the contract price from the amount set out in the Quotation where he has provided services which are different or in addition to those set out in the Quotation either at the specific request of the Client or because he has been required to complete additional work which was not anticipated at the time the Quotation was made, or because of market fluctuations in the price of materials.
5.4. The Client agrees:
a) Not to withhold any sums due to Aspect Building & Plastering.
b) To settle all invoices raised by Aspect Building & Plastering in accordance with the agreed payment schedule.
c) To pay to Aspect Building & Plastering interest at a rate of 5 percentage points per annum above the Bank of England base rate on any payments which are not settled in accordance with section 5.4(b).
d) To pay to Aspect Building & Plastering such costs and expenses as he may incur in recovering payment from the Client where the Client fails to make payment in accordance with these terms and conditions.
In accordance with the Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc. Regulations (2008) the Client may cancel this contract within 7 calendar days of signing this agreement (or within whatever extended period Aspect Building & Plastering may specify in the Quotation) and shall be entitled to a full refund of any monies paid to Aspect Building & Plastering, less an amount representing any reasonable administration costs which Aspect Building & Plastering has incurred. Any cancellation outside this period will not entitle the Client to a refund of any monies paid.