Disclaimer/terms and conditions etc

[GB_Groundworks]

anyone know of or have a good well worded disclaimer for quotes to say price may change due to building control, site conidtions etc etc

i write that on mine but its not as efficiently worded as id like, done a google and mostly find terms and conditions for website use not quotations etc.

bit more searching this one is very detailed

http://www.spillerbuilders.co.uk/downloads/terms.pdf



Edited By GB_Groundworks on 1345589229

[Dave_L]

Very comprehensive indeed! Gotta love item 4.4!

[Pablo]

Here's mine I wrote it up a few years ago and just tweak it now and again but I don't want it being any longer than an a4 page otherwise clients wouldn't read it and lose interest. I attach it to all quotes contracts and invoices most of which are emailed these days. It covers my end of the spectrum well enough I don't deal with any major building work etc so most of that Spillers stuff isn't applicable. I'd be happy for anyone to use it for themselves.

Terms and conditions

Terminology. The Contractor refers to New Leaf Landscapes and the Client refers to any person, company or institution commissioning the Contractor

1) Acceptance. The acceptance of a quotation /estimate or contract will be held as acceptance of conditions stated hereon.
2) Settlement. Unless otherwise stated all quoted prices are due for settlement either a) on completion of the specified work, or b) within 30 days of the date of invoicing. Late settlement will incur interest charged to the full invoice amount at 2.5% per 30 overdue days. For any works with a total cost of more than £1000 then 50% of the total cost of the works shall be required before any work starts and then a further 25% midway through and the remaining balance upon completion unless otherwise agreed.
3) Quotations. Whilst every effort is made to produce accurate quotes it should be noted that these are just estimates and can occasionally be inaccurate due to changes in material prices and non-availability of materials and equipment meaning spending more with another supplier. However any changes will be discussed with the client before work continues. All quotations are valid for 30 days only.
4) Recovery of debts. After 60 days an unpaid account will be subject to a £50 administration charge and passed to an appointed financial collection service for recovery and/or litigation proceedings.
5) Intellectual property. While all quotes and designs are obligation free all designs or parts thereof are classed as the intellectual property of the contractor and any attempt by the client to build the contractors design either themselves or with another contractor shall be treated as theft and legal proceedings will result. However for a negotiable fee the design or parts thereof may be purchased from the contractor
6) Ground damage. The contractor will take all reasonable precautions to prevent ground damage but bears no responsibility for that arising from operationally necessary vehicle and pedestrian passage.
7) Sub surface structures. The contractor accepts no liability for damage to sub surface structures if the client or their agent does not make the contractor aware of its presence. Injury or damage to any plant, equipment or staff will be the responsibility of the client should information not be disclosed.
Statutory protection The contractor cannot be commissioned to carry out any work that falls outside planning permission or building control guidelines or that in any way contravenes tree protection orders or conservation area orders as defined in the Town and Country Planning Act 1990.Written proof will be required prior to any commencement of work.
9) Good practice The contractor cannot be commissioned to carry out any work whatsoever that falls outside the relevant British Standards and industry codes of practice. In applying these standards the contractor reserves the right to use his judgement.
10) Cancellation The client will be liable for any costs arising from cancellation of work including being turned away from a site on an appointed day of work.
11) Site conditions The client will be liable for any extra costs incurred by the contractor due to changes in site conditions between time of initial quotation and commencement of work on the acceptance of that quotation. This will apply if changes are apparent to/or under the control of the client.
12) Unforeseen circumstances The client will be liable for any extra costs incurred by the contractor for unforeseen circumstances due to hidden objects in the ground and poor/ unexpected ground conditions. This also applies to structures to be used or built by the contractor and any extra materials not budgeted for.
13) Changes to appointments The contractor reserves the right to make changes to appointments and timings of work due to adverse weather, unforeseen circumstances or priority works that may take precedence. However all efforts will be made to notify the client of any changes to avoid unnecessary disruption.
14) Weather Damage The client shall be liable for any damage to plants or hardlandscaping due to frost wind rain flooding and heat. Any costs arising from making good any damage will be charged at cost price only.

[rab1]

you want to see one my employer uses, it comes in a binder.

[Dave_L]

Blimey, some of that would scare some of my customers off!! I have "complaints" about some of my conditions - and they're pretty basic!

[GB_Groundworks]

Haha I'll combine a bit of both thanks Pablo, that spillers one is hilarious in places cost plus 33% seems to be their favourite sentence