The text below shows terms and conditions on which CANWE LTD ready to provide construction or building and other related services.
The meaning of some words used in these terms and conditions
’we’, ’us’ or ’our’ is a reference to (CANWE LTD );
’you’ or ’your’ is a reference to the person to whom we are providing our Services and who is required to pay for the Services we provide;
’Materials’ means any materials, goods, parts or items we need to buy necessarily in order to perform the Services;
’Premises’ means the place where we will provide the Services; and
’Services’ means the building, installation, fitting, repair and other building services we will provide at the Premises. The precise Services we will be providing to you are stated in the estimate.
Entering into a legally binding contract
A contract between you and us comes into being in one of two ways:
2.1.1 where you sign the estimate we and you will enter into a legally binding contract on the date you sign.
2.1.2 where you and we agree orally that we should provide the Services then there will be a legally binding contract on the date of our oral agreement.
We suggest that before you sign the estimate or orally agree to us providing Services that you read through these terms and conditions. If you have any questions concerning them please ask us.
You should keep a copy of these terms and conditions for your records.
Standard of providing the Services
Once we and you have entered into a legally binding contract we will normally start providing the Services to you at the Premises using the Materials straight away or on a date agreed between us without further discussion with you. Occasionally the Services will be provided at some other date or time or be dependent on a number of factors.
We will provide you with the Services:
3.2.1 using reasonable care and skill;
3.2.2 that comply with commonly accepted building practices;
3.2.3 in compliance with the building laws and regulations in force at the time we carry out the Services.
Method of Works:
3.3.1 Filling and Painting
“Sanding and painting walls and ceiling’s handling small cracks caused by nails and hooks and the like. Application of 2 coats of paint to the area to be painted. Advising on any potential or actual issues accordingly.
3.3.2 Wallpapering “ Stripping “ Lining:
The Company strips and wallpapers the prepared walls using filler as required and paints the wallpaper as required in the choice of paint selected by the Customer.
3.3.3 The Company will plaster the walls as necessary and advise on any imperfections found in condition of walls, potential dangers, hazards etc. and advice if additional work may be required which may result in additional costs.
The Company plasters walls with cement and a coat of bonding if necessary with a coat of multi finish applied for a smoother surface
3.3.4 Varnish wood work floors and banisters (or any natural wood surface)
The Company aims to match the colour(s) of the wood being varnished, however the Company is not responsible for colour matching not being l00% but will always aim for this. However due to absorbency and the texture of the wood, a perfect match is never guaranteed
The Company will remove carpet/wood flooring and install the required surface as instructed by the Customer subject to the strength of the existing floor base.
In the event of problems detected with the surface where the floor will be laid, the Company will advise the Customer on this and the subsequent costs involved with repair as required
Days and times when we normally provide the Services and performance of Services away from the Premises
Unless we agree otherwise we will provide the Services on normal working days and start work no earlier than 8.00 am and finish work no later than 6.00 pm. A normal working day for us means Mondays to Fridays, excluding any bank or other national holidays, unless agreed with the Customer in advance.
The performance of some of the Services may take place away from the Premises. For example, we may be able only to carry out some of the activities in performing the Services other than at your Premises or when you are present.
Our responsibility to perform the Services by particular dates and times
We aim to carry out the Services by the dates and times we either agree with you or notify to you. But we cannot guarantee or provide a firm commitment that:
5.1.1 we will start performing the Services by a specified date or time; or
5.1.2 we will complete the performance of all the Services by any specified date or time; or
5.1.3 the performance of any individual part of the Services will be completed by a specified date or time.
What can happen if we cannot start performing the Services or complete performing the Services
If we do not start or do not complete performing the Services within a reasonable time you may either choose either to continue to wait until we can start performing the Services or completing performing them or you can cancel the contract as follows:
5.2.1 Cancellation where we have started to perform the services:
If we have started performing the Services and you decide you wish to cancel the contract you will only have to pay for any Services we have performed up to the date of cancellation and for any Materials we have used or purchased. If you have made payment(s) to us in excess of the amount of Services we have performed or Materials we have purchased, we will return the difference to you within 7 days of cancellation.
5.2.2 Cancellation where we have not started to perform the services:
If we have not started performing the services we will not ask you to pay us anything (and will refund any deposit or other sums you have paid to us within 7 days of cancellation). What is reasonable period of time depends on the type of Services we will be performing, and the length of time they will take to perform. For example, if the Services are expected to take only a few hours to perform (and are of an emergency nature), then if we fail to start performing the Services within 4 hours then you may have the right to cancel. But if the Services are due to take several weeks to perform, then if we fail to start to perform the Services after a couple of weeks when we are due to or we do not perform the Services during a couple of weeks when we were due to, then in such circumstances you may cancel the contract if you wish.
Situations or events outside our reasonable control
5.3.1 In addition, there are certain situations or events which occur which are not within our reasonable control (some examples are given in the next numbered paragraph). Where one of these occurs we will normally attempt to recommence performing the Services as soon the situation, which has stopped us performing the Services, has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.
5.3.2 The following are examples of events or situations which are not within in our reasonable control:
188.8.131.52 where weather conditions make it impossible or unsafe for us to perform any of the Services;
184.108.40.206 if Materials that are ordered are not delivered on the date or time agreed with the supplier of the Materials (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time, or the price charged by the alternative supplier is excessively higher than by the original supplier);
220.127.116.11 where you make a change in the Services you wish us to perform (and this results in, for example, us having to do further work or wait for new or different Materials);
18.104.22.168 where we have to wait for other providers of services (who have been engaged by you) to complete their work before we are able to perform the Services (or the relevant part of the Services dependent on the other provider if ordered at short notice);
22.214.171.124 where we are unable to gain access to the Premises to carry out the Services at the times and dates we have agreed with you;
126.96.36.199 where the areas in the Premises have not be readied by you as we and you have agreed in order for us to perform the Services;
188.8.131.52 for other some unforeseen or unavoidable event or situation which is beyond our control.
5.3.3 If the delay in us recommencing performing the Services will be excessive then we will offer you the option of either:
184.108.40.206 continuing to wait until we are able to recommence performing the Services. If you are required to make any payments during this period (for example if we and you have agreed that you will pay us in staged amounts) then we will not require you to make any of the payments required until we are able to recommence performing the Services; or 220.127.116.11 allowing you cancel the contract. If you choose this option then you will only have to pay for any Services we have performed up to the date of cancellation and for any Materials for which we have a legal obligation to pay. If you have made payment(s) to us in excess of the amount of Services we have performed or Materials we have purchased, we will return the difference to you within 7 days of cancellation.
Things you will need to do or should do
You should remove any items (you are able to remove) from the areas in the Premises where we will be performing the Services by the date or time when we are due to start performing the Services.
We suggest that you cover any items, furniture or fixtures or fittings which you will not be moving from the areas at the Premises where we will be working in order to protect them from dust or dirt. In the event of this occurring we will not be responsible for any damages.
You will allow us to gain access to the Premises at the dates and times you and we agree when we will perform the Services.
You will obtain all necessary consents, permissions and approvals before we start performing the Services. For example:
6.4.1 if the Services we are to perform require planning permission, you will have obtained that permission (and have the appropriate documentation available for our inspection if we wish to look at it) before we start the Services; and/or
6.4.2 if you are a tenant, you will have obtained the permission or consent of your landlord and you will have the permission or consent in writing.
During the all the times we are providing the Services you will:
6.5.1 allow us access to a water supply;
6.5.2 allow us to use electricity from normal 220/240 volt 3-pin sockets;
6.5.3 allow us to leave our tools and Materials at the Premises at times when we are not performing the Services;
6.5.4 provide us with means to access and leave the Premises;
6.5.5 allow us to use your toilet and washing facilities; and
6.5.6 provide a parking permit (for a visitor) throughout the time we are providing the Services (if required or imposed by a local or other authority).
Some restrictions and assumptions
We will assume that all information, measurements and facts that you provide are accurate and true. We will not accept liability for any loss or damage caused where we reasonably perform our Services in reliance on these. We will be responsible for any measurements we make or provide.
We do not provide structural surveys or offer or provide opinions or advice structural or other building related matters. If you need such survey, advice etc. please consult a chartered or other professionally qualified surveyor.
The Company doesn’t offer free estimate quotes for those Customers that needs estimated quote for insurance company with third part involving;
7.3.1 We don’t offer free quotes for Customers who doesn’t holds the property;
7.3.2 We don’t offer free quotes for Customers who doesn’t have planning permission or the necessary papers from the local authorities;
Discounts and retentions: Prices are based on the understanding that no retentions are held unless previously arranged and authorized. No Main Contractor or Sub Contractor discounts are given unless agreed and confirmed in writing with Company.
Price and payment
Our charges based on an estimate
8.1.1 If we provide an estimate then we will charge you the amount stated in the estimate rather than a charge based on the time taken in performing the Services. Note: we only provide estimates and not quotations or binding indications of how much we will charge. Estimates are normally valid for a period of 28 days from the date they are given.
8.1.2 As we provide an estimate there can be times when we may need to charge you a higher amount than stated in the estimate. This can occur for a number of reasons, in particular where:
18.104.22.168 what you require us to do changes, or the amount of work or Services you require us to provide increases or is different to what we and you agreed before started performing the Services; or
22.214.171.124 when we start performing the Services it becomes apparent that the amount of Services we will need to perform or the type of work that is involved is different to what we agreed before we started performing the Service and which we could not reasonably foresee this before we started performing the Services.
126.96.36.199 Where the amount of work involved is greater than that stated in an estimate (as set out in paragraph 9.2.2) then following will happen:
188.8.131.52 if the amount of extra time we need to spend to finish performing the Services will mean that the extra amount payable by you will not exceed 15% of the amount stated in the estimate, then will carry on providing and completing the Services without contacting you and obtaining your agreement; or
184.108.40.206 otherwise we will not continue performing the Services and we will seek your approval to the extra amount that you will need to pay, unless:
220.127.116.11.1 it is not possible to contact you within a reasonable time; or
18.104.22.168.2 it is not safe not to carry out and finish performing the Services (for example, your goods or premises may be left in a dangerous condition or unprotected from theft if the Services are not completed.
22.214.171.124 The Customer shall allow the Company access to the Property at all times to carry out the Works, if the Customer denies access the Company will be entitled to state that Completion has taken place and the Customer will be liable to pay to the Company the total outstanding amount of the Company’s charges.
126.96.36.199 Completion shall mean completion of the Works in relation to the agreed Estimate. If the Company voluntarily agrees to undertake any snagging works this does not render Completion to have been delayed, and the Customer shall not be entitled to claim that Completion has not occurred for this reason.
When payment is required
Payment for our Services is normally made in 3 ways, either:
188.8.131.52 at the time we complete performing the Services; or
184.108.40.206 a deposit of 15% when you and we enter into the contract and the balance when we finish performing the Services; or
220.127.116.11 a deposit of 15% when you and we enter into the contract; prompt payment of any bills we send to you during the period of the contract, which will be for any Services we have performed up to date of the bill; and the balance when we finish performing the Services;
Which option we will use will be indicated on the estimate.
If we need to buy Materials in order to perform the Services then we require you to pay for them at the time(s) you make payment for the Services as set out above.
You need to pay any amounts due at the time we provide to you a bill for those amounts within 14 days of our bill. If you fail to pay any amount due to us at the time it is due then we may:
8.3.1 charge you interest (at The Bank of England’s base interest rate plus 5% on any outstanding amounts if those outstanding amounts remain unpaid for more than 14 days from the date of our invoice or when we asked you first to pay them; and/or
8.3.2 if the amounts not paid represent more than 10% of the total value (or the estimated total value) of the Services we are to perform for you, then we may suspend performing the Services until you make payment.
8.3.3 If the Customer defaults in the performance of any obligations herein undertaken by it including non payment of the Company’s charges and such default continues for 7 days after the Company requires the Customer to remedy the same or
8.3.4 The Customer becomes insolvent within the meaning of the Insolvency Legislation of the United Kingdom
8.3.5 If in the sole opinion of the Company the Customer places unreasonable demands on the Company then in any such event
8.3.6 the Company may (without prejudice to any other right, powers or remedies it may have by law in respect thereof) by notice to the Customer declare that the Company shall be under no further obligation hereunder to carry out the Works and terminate any Agreement between the Company and the Customer.
Refusal of payment
You will not refuse to pay any amount owing to us where there is only a minor or inconsequential defect or error in the performance of the Services. You will be entitled only to refuse to pay no more than a proportionate amount of any amount due.
Where we purchase Materials we suggest that you examine them as soon as you reasonably can after delivery and/or installation.
Some materials, when they are manufactured or made, have inherent imperfections or variations. We will not in breach of our obligations to provide you with goods which are of satisfactory quality, or comply with any description or that are fit for their purpose where there is an inherent imperfection or variation caused by or due their making or manufacture or construction.
Any Materials we purchase or use (ie if we have an existing stock of the Material, such as, for example, nails or screws) will be new, and of satisfactory quality and fit for the purpose of being used in general building work.
If specified in the estimate or as agreed by you and us we will purchase materials and goods for use in providing the Services and they will come within paragraph 9.3.
Until we receive full payment for the Materials we shall own the Materials.
If you wish to supply any materials or goods, then we will not liable as regards whether they are of satisfactory quality or fit for the purpose to which they are to be used.
If you have any particular or special purpose(s) for, or for the use of, the Materials please let us know before we start using the Materials. Preferably you should let us know about these purpose(s) in writing.
If the amount of Materials we use is less than the amount we specified (or you and we agreed that we would supply), on completion of the Services we will leave the excess Materials at the Premises. If you wish us to remove these excess Materials please let us know. We will need at least 3 working days before the date of the completion of the Services if we are to remove them.
In the following circumstances we may need to charge for the time we take (including travel time) to purchase Materials:
9.9.1 we have not provided an estimate and cannot reasonably establish what Materials are necessary until we start performing the Services; or
9.9.2 where we have provided an estimate, it may not have been reasonably possible to establish the need for particular Materials at the time we provided the estimate. The need for the particular Materials may only be revealed when we start performing the Services; or
9.9.3 whether or not we have provided an estimate, the condition of an item or the area which is the subject of the Services may only become apparent when we start performing the Services and it was not reasonably possible to establish it until that point.
In such cases we may need to purchase Materials. If the Materials are available from a local supplier then we normally wish to travel to the supplier and purchase the Materials and return to continue performing the Services. We will normally charge for the travel time at our normal charging rate up to a maximum of £100. If the Materials are not available from a local supplier we normally order the Materials and return on another occasion to continue to perform the Services. In such circumstances we will normally charge for the time spent in making telephone calls to suppliers or our office to locate the required Materials. We will not charge you for any time spent in obtaining Materials if we have brought or ordered the wrong Materials.
Deviations from what we have agreed to do for you
In limited circumstances we will need to provide different or no Services to you. This will be usually where the following occurs:
an issue or problem becomes apparent or is revealed when we start performing the Services which we could not have reasonably foreseen at the time we provided the estimate or survey and means that it is not safe for us to continue working; or
we are instructed or informed that the Services we are performing are not in accordance with statutory or regulatory requirements or are in breach of planning consents or environmental or conservation requirements.
Cancellation by you
Once we and you enter into a binding contract you will normally not be able to cancel the contract, except where we agree or as otherwise provided for in this contract.
If we agree to cancel then you will be responsible for the cost of:
11.2.1 any of our time in performing the Services up to the date we stop providing the Services;
11.2.2 any Materials we are contractually committed to buying up to the date of termination (whether or not we need to pay for them before or after the date the contract between us and you is cancelled). Any Materials we have purchased (but not used in performing the Services) will be delivered to you.
the circumstances stated in clause 12.2 we will first deduct the amounts for which you are responsible from any deposit you have paid. Any remaining deposit will be returned to you. If the amount owing is greater than the deposit we will return invoice you for the amount in excess of the deposit.
11.4.1 purport to cancel the contract; or
11.4.2 give notice purporting to cancel; or
11.4.3 otherwise do not fulfil your obligations (such as by not paying any sums due to be paid to us) in a way which amounts to you cancelling the contract, we do not have to accept your cancellation except as provided in clause 11.2 or as otherwise provided for in this contract. However, we may choose to accept cancellation, and if we choose to do so you will be required to pay to us a reasonable amount for the losses and costs (including loss of profit) we have suffered. If you have paid a deposit, this will be retained and if our reasonable losses and costs (including loss of profit) are greater than the deposit we have retained we will require you to pay for our losses and costs in excess of the deposit retained.
Limitation and exclusion of liability
Where we cause damage to the Premises (such as walls, floors, decorations, etc) which necessarily results from the negligent performance of the Services then we will carry out such work as is necessary to rectify the damage. The work carried out in this circumstance will be so that the damaged areas will be ready for decoration or plastering.
If we are required to provide Services which involve working with, adding to, changing, or installing, goods or installations then we expect that goods or installations in place at the Premises will be in good working order or in good condition. We will not be liable or responsible for damage to such installations caused during the performance of our Services, except where any damage is the result of the negligent performance of the Services.
We will compensate you for any loss or damage you may suffer if we fail to carry out duties imposed on us by law (including if we cause death or personal injury to you by our negligence) unless that failure is attributable to:
12.3.1 your own fault;
12.3.2 a third party unconnected with the provision of Services under this contract; or
12.3.3 events which we could not have foreseen or forestalled even if we had taken all reasonable care or performed the Services with all reasonable care.
12.4 Force majeure:
The Company shall be released from its obligations in the event of national emergency war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the Company renders the performance of the Company’s obligations impossible whereupon all money due under this Agreement shall be paid immediately and in particular the Customer shall immediately pay to the Company all arrears of charges then owing to the Company.
12.5 No Liability for Third Parties
12.5.1 The Company shall not be liable in the event that any Contractor brought in by the Customer causes the Works to be delayed or amended as a result of fault on the Contractor’s part in which case the Customer shall be liable to pay an additional charge to the Company in respect of any further works required to be effected as a result.
12.5.2 The Company shall be entitled to make an extra charge:-
18.104.22.168 if the Customer’s Insurers require any additional works to be effected to the premises of the Customer and/or
22.214.171.124 any items supplied by the Customer or its Contractors are missing or defective or do not arrive on time.
126.96.36.199 The Customer changes its mind about previously agreed colour schemes, tiling designs and the like.
188.8.131.52 The Customer does not pay on time.
Amendments to the contract terms and conditions
We will have the right to amend the terms and conditions of this contract where:
We need to do so in order to comply with changes in the law or regulatory reasons; or
We need correct any errors or omissions (and the right includes the right to change any of the documentation which forms part of the contract), as long as such correction is minor and does not materially affect the contract.
Where we are making any amendment we will give you 14 days’ notice (unless the contract is terminated before that period).
We may sub-contract or delegate some or all of the performance of the Services but we will still continue to be responsible for the performance of the Services and our obligations under this contract.
All customers will benefit from a full guarantee on our workmanship for a period of 2 years. Guarantees on materials run in accordance with manufacturers warranty periods where applicable. Our guarantee covers all new work and new materials used in construction or repairs, but do not guarantee the integrity of any existing structures, materials or decorations. In the event of a failure beyond the guarantee period we will be happy to investigate the cause and negotiate a solution to the problem without delay and carry out any agreed repairs as soon as possible. Some charges may apply for remedial work carried out beyond guarantee dates.
15.1 Extras will only be undertaken further to both full discussions with the client, and, verbal or written agreement, and charged at the agreed rate.
Contacting each other
If you wish to us send any notice or letter then it needs to be sent to [email protected]. If we wish to send you a letter or notice we will use the address you have given.
Contracts (Rights of Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
18 Status of Company
18.1 The Company is an independent contractor and not the servant of the Customer
18.2 Whilst the Company shall endeavour to cooperate wherever possible with the wishes of the Customer, the Company ultimately shall not be subject to directions from the Customer? As to the manner in which it shall perform the Works.
Law and jurisdiction
This contract shall be governed and construed by the law of England and you and we agree to submit to the jurisdiction of the courts of England and Wales.