TERMS & CONDITIONS

These Terms & Conditions are issued by Pinnacle Building Projects Ltd. for use on contracts direct with Clients involving the supply and installation of building services systems and equipment.

1. DEFINITIONS

In the Installation Agreement the undermentioned expressions or words shall have the following meanings:-

(a) 'Contractor' – Pinnacle Building Projects Ltd., its directors, employees, servants, agents or sub-contractors.

(b) 'Client' - as stated in the Installation Agreement, and its directors, employees, servants, agents, tenants, lessees or sub-lessees.

(c) 'Premises' - the address of the property at which the Client has given instructions for installation work to be undertaken as stated in the Installation Agreement.

(d) 'Installation Cost' - sum(s)/tender price(s) stated in the Installation Agreement or covering letter.

(e) 'VAT' - Value Added Tax. Prices are subject to VAT at the prevailing rate (Registered number: 893 4301 15) as of 1st January, 2007.

(f) 'Services' - Installation Contracting.

(g) 'Agreement' - Installation Agreement.

2. PERIOD OF TENDER

Unless previously withdrawn, this tender is open for acceptance in writing within thirty days of the date hereof or within such other period as may be agreed in writing.

The quotation is based on the drawings and detail therein, as provided by the Client.

3. BASIS OF TENDER

(1) All the Contractor’s designs and drawings are and remain the copyright of the Contractor. If the client delays the agreed start date or works once in progress for any reason, a suspended works charge is payable, pro-rata for the man days delayed, as well as any associated material costs.

(2) In the event of the Client supplying inadequate or inaccurate drawings, information or details, the tender price shall be adjusted accordingly.

(3)(a) This tender covers the items in the specification and/or drawings only and, unless otherwise expressly stated, does not include the following items:

            (i)       Building work or the associated work of other trades;
            (ii)      The supply and erection of scaffolding, ladders, moveable platforms, hoisting and/or lowering gear necessary for the execution of the installation;
            (iii)     The cost of operating any part of the installation;
            (iv)     The cost of any fuel, water or electricity used on site.

(b) Unless otherwise expressly stated, any costs incurred by the Contractor in providing any of the items referred to in paragraph 3(3)(a) shall be reimbursed by the Client to the Contractor.

(4) The Client is not permitted to commission the works referred to in this estimate or any other works directly with any servant, agent or sub-contractor of the Contractor. The Contractor is entitled to be paid 120% of the full contract sum of any such works commissioned, irrespective of whether the employee, servant, agent or sub-contractor of the Contractor has been paid or whether the works actually commenced.

(5) The Client is not permitted to discuss pricing issues with the team on site, unless prior written authorisation has been given by the Contractor. The price is based on all client supplied items being designed for standard UK plumbing and electrical fitting, sizes and ratings.

4. MATERIALS AND GOODS

(1) All furniture, picture and delicate items are to be removed from the works area, including access areas, during the works, and those remaining at the client’s risk.

(2) All valuables are to be removed from the site and those remaining are at the client’s risk. Accidental damage while carrying out building works is not the responsibility of the Contractor.

(3) Materials, suites and appliances selected by the Client cannot be changed after being purchased. If requested by the Client the Contractor can purchase specific materials selected by the Client; there is a 15% administration and handling fee for items purchased in this way.

(4) Unfixed materials and goods properly on site for incorporation into the installation shall remain the property of the Contractor until he has received payment in full.

(5) Until such payment has been received the Contractor may remove any unfixed materials and goods from the site and the Client shall allow such access to the site as is reasonably necessary for such removal.

(6) Unless otherwise stated all tiling is assumed to be ceramic, non mosaic and smaller than 20cm square, and of a uniform width and thickness. Spot lights supplied are standard 50w with white surround, unless otherwise specified.

(7) All materials and goods properly on site whether unfixed or incorporated into the installation shall be at the sole risk of the Client. If any part of the installation or any materials and goods are destroyed, damaged or lost through any cause then the Contractor shall be entitled to charge as a variation to the contract for the restoration of any work or the replacement of any materials or goods so destroyed, damaged or lost.

PROVIDED that the Client shall not be liable for any such destruction, damage or loss to the extent that the same is caused or contributed to by the negligence of the Contractor or those for whose actions he is responsible.

5. TERMS OF PAYMENT

All payments should be made by electronic CHAPS or BACS transfer to the Contractor’s business account at Natwest Bank Plc - further details on request. Alternatively, the Contractor accepts cheques (payable to ‘Pinnacle Building Projects Ltd’). All payments need to be given adequate time to clear before work can commence. All prices are subject to these terms and conditions and to VAT at the prevailing rate.

A 40% non returnable deposit (plus VAT) is to be paid before the works commence, with equally spaced installments of 20% with the balance due, if any, on completion. These percentages and intervals of the stage payments may vary depending on the size of the project. If the customer delays (either before or during commenced works) or cancels all or part of the works, the Contractor has the right to the full contract sum, including the non returnable deposit. Any payment that is cancelled or fails to clear will be subject to an administrative charge of 10% of the total price or £250 whichever is the greater. Payments subsequent to a dishonoured cheque must be made by cash or bankers draft. Works will be suspended until overdue payments are received and cleared. Late payments will be subject to an interest charge of 5% above the Natwest base rate. Payment of the deposit signifies your agreement to these Terms and Conditions without addition or amendment.

6. CALCULATIONS AND OTHER ASSESSMENTS

The client has confirmed and taken responsibility that all walls to be moved or new doorways made through walls, are non load bearing, and has gained the relevant planning permission, building control and party wall approvals. All new fixtures and fittings, unless otherwise stated, to be provided by the client.

The quotation is subject to a site visit and structural engineer’s assessment and calculations where necessary in the Contractor’s option.

7. TIMEFRAMES

Time frames given in days are working, rather than calendar days, and assume un-impeded access and scheduling of works. Timescales are estimated and dependent on material and labour availability.

8. OTHER

During each project, Pinnacle Building Projects Ltd. usually takes photographs during the various stages of the job. These are often posted onto their website for marketing purposes.

9. GUARANTEE

For pricing purposes it is assumed that from the works and estimate pricing, materials, suites and appliances selected by the Client cannot be changed after being purchased. Any work undertaken by the Contrractor is guaranteed for twelve months from the date of practical completion of the works. Any defects in materials bought by the Client are not covered by the Contractors guarantee.

This guarantee is voided if others have worked on the Contractor’s works during the warranty period without the Contractor’s express prior written authorisation, or if the contractor’s have not been granted access to inspect any potential warranty issues.

The Contractor reserves the right to propose a more detailed contractual matrix based on the JCT if it transpires that the works are more complicated or more expensive than originally outlined.

Click here for insurance details for Pinnacle Building Projects Ltd.