Please read the terms and conditions set out below carefully before progressing with any services by RJB Construction & Maintenance Ltd (the contractor). By signing our contract and progressing with our services you agree to be bound by these terms and conditions (“The Terms and Conditions”).

1. Interpretations
   1. If one or more interpretations and/or definitions of these terms and conditions are unclear then the customer must make the contractor aware prior to signing the terms and conditions/contract. 
   2. The contractor must make the customer aware of any definitions that the customer may be unclear on. 

1. Relationship between customer and contractor
   1. No terms or agreements set out in this document will make the contractor an employee or agent to the customer. 

2.1 The customer engages the contractor to carry out works that are set out is the contractors estimate specification.

1. Neither the customer or contractor shall assign or waiver there rights, liabilities or obligations that are set out in the contract or this document without prior written agreement. 

1. The Estimate 
   1. The estimate provided by the contractor shall be used along with these terms and conditions to solely understand and interpret what is included to the agreed services signed in the contract.
   2. The contractor will clearly state where VAT is included or excluded. 
   3. The customer may add additional works that are not set out in the original estimate at a later date should they wish and the contractor will charge accordingly.
   4. The contractor will provide the customer with a new estimation for additional costs in which the customer will need to agree prior to any additional works commencing.
   5. Any revised estimates or additional work estimates will also be covered by the contract and these terms and conditions
   6. The estimate reference number shall be noted in the contract and the customer will have deemed to have entered the contract accepting the full content of what is detailed in the estimation. 

1. Timings 
   1. The timings for the project will be set out by the contractor either by email or within their estimation.
   2. The contractor cannot guarantee timeframes and are given as a guidance only. For the purposes of this agreement, time shall not be of the essence and RJB Construction & Maintenance Ltd 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.
   3. If the customer requires or requests the contractor to carry out aspects of the work in a different order or schedule then the contractor reserves the right to charge additional fees to cover there time. 
   4. Where delays may arise due to the customer making changes the contractor reserves the right to charge for the changes and to be reimbursed for the delays caused, subject to a minimum charge of £200+ VAT
      1. Changes are permitted but allowing enough time for the contractor to make the adjustments needed without any work or preparations having to be re-done. 
      2. Changes that do not cause a delay will not incur any additional charges and will be at the discretion of the contractor 
      3. Any changes will be at the discretion of the contractor to calculate the additional costs, if any at all.
2. Payments 
   1. The contract price is set out in the estimate
   2. Where payments are due the contractor will invoice the customer accordingly.
   3. Payment dates will be shown in each invoice along with a due date.
   4. Payments are normally required within 24 hours, however exceptions may be allowed and will be noted upon each invoice if applicable.
   5. Failure to make payments within 24 hours and/or by the due date by the customer will considered as a breach of contract and 1 or more provisions of the contact may be void.
   6. Where payments have not been made on time or up to date then the contractor reserves the right to re-evaluate the payment schedule and to request further payments ahead of schedule.
   7. The customer agrees not to withhold any payments from the contractor.
   8. The customer agrees to pay the contractor interest at a rate of 5% above the Bank of England base rate on any payments not made on time. 
   9. The contractor reserves the right to stop all works until any late payments have been brought up to date. 
   10. The contractor reserves the right to bring this contract to an end without any written agreement if payments have not been made on time and may peruse legal action to recover any costs for labour and/or materials and/or legal costs and/or loss of work.
   11. Additional works will be invoiced separately by the contractor and will not be invoiced as part of the payment schedule. 
   12. The contract will set out the payment schedule for the building works, the schedule will either follow 1 of the 2 following procedures;
3. Deposit required prior to works starting along with final payment upon completion
4. Deposit required prior to works starting, scheduled interval payments and final payment upon completion.

1. Cancellation
   1. The customer is required to cancel this contract by using the cancellation form at the bottom of this contract. 

6.1 The customer has the right to cancel this contract with 14 days of signing the contract

1. The customer can send the written notice to the contractor by email, post or in person
2. The date of cancelling the contract has to be taken as the date it was sent by post or email and not the date it was received by the contractor. 
3. If the customer decides to cancel this contract within 14 days then any refunds of deposits in connection with this contract must be made from the contractor to the customer. 
4. If the customer cancels this contract after 14 days then the contractor reserves the right to not issue a refund and any refunds made will be at the contractors discretion.
5. If the customer decides to cancel this contract where the start date and contract date are less than 14 days apart then the contractor reserves the right to not issue a refund. 
6. The customer agrees to pay for any goods or services that have been provided before they cancel this contract. The customer may have to pay for the following:
7. Service of any kind
8. Goods for an emergency 
9. Goods that are personalised or specific to the customers requirements or project and costs of services relating to them
10. Costs of time spent on estimating, meetings, emails ect.
11. Perishable goods
12. Goods that have been incorporated or used.
    1. The agreed payment schedules will then be voidable.

1. Customers obligations
   1. The customer must supplier the contractor with good quality products where they are liable to purchase materials. If products are not of good quality or the wrong size ect and rectification is required then the customer must bare the cost. 
   2. The customer shall co-operate with the contractor and provide facilities where required in order for the contractor to fulfil there service. 
   3. The customer shall ensure there is access to the site/property when required by the contractor. 
   4. Unless the quotation states otherwise, the customer shall be responsible for cleaning to the site/property after the contractor has completed there services. 
   5. The customer shall be responsible for the disposal of any pallets/cardboard or packaging that is generated from the customers deliveries or supply of materials.
   6. Where the customer is occupying the property then the customer must permit the contractor to store materials and tools safely and will share responsibility that the items are kept safe. 
   7. The customer will be liable for gaining the correct consents, permissions and licences ect in correlation with the works prior to the works going ahead. 
   8. The customer is obliged to make the contractor aware of any risks of dangerous materials such as asbestos and the customer will be liable for the costs involved in the removal of such material. 

1. Contractors obligations 
   1. The contractor shall carry out all works professionally and perform all duties with reasonable care and skill. 
   2. The contractor shall take reasonable care of the customers property, including taking reasonable precautions to protect furnishings, light fittings and floor coverings. 
   3. The contractor shall ensure they take precautions to ensure the property is left secure, but can not be held accountable for any loss due to break-ins. 
   4. The contractor will ensure that building control will be contacted at stages required and ensure the building inspector will have access to pass off relevant stages of their services.
   5. The contractor shall be responsible for arranging the lawful disposal of any waste materials/debris that are in generated by carrying out there services.
   6. The contractor shall ensure to have a public liability of £5,000,000 at all times. 

1. Materials
   1. Materials purchased by the contractor will remain the property of RJB Construction & Maintenance Ltd until all payments for services have been made in full.
   2. The contractor will use good quality materials in accordance with their estimate and to building regulations. 
   3. The contractor reserves the right to recover all materials if payments have not been made. 

1. Guarantee
   1. The contractor will guarantee there workmanship to structural and build works will be free from flaws for 4 years.
   2. The contractor will guarantee there workmanship to the installation to kitchens, bathrooms, tiles, flooring, plaster boarding and plastering for 12 months. 
   3. The contractor will guarantee there workmanship to flat roofs for 12 months and pitched roofs including lead flashings for 4 years. 
   4. There will be no guarantee for decorating, sealants, installation to fixture and fittings supplied by the customer.
   5. There will be no guarantee for second fix of plumbing where 1st fix plumbing has not been carried out by us or our sub-contractor. 
   6. Notwithstanding that all guarantees will not apply to the following;
2. Defects or flaws that are a result of misuse, failure to adequately or properly maintain, neglect or failure to follow instructions or recommendations on the part of the customer.
3. A defect or flaw which has been caused by mechanical or chemical damage. 
4. Settlement to building work 
5. Defects or flaws that are a result of poor architecture/ structural design.
6. Defects or flaws that have arisen to specific works that have been passed by building control.
   1. Where the customer considers that part of the service or materials are defective upon delivery or completion then the customer must notify the contractor by writing within 14 days, failing to do so the customer will not be entitled to claim the benefit of this guarantee. 
   2. The guarantee will not be effective until the customer has paid in full and on time, failing which the customer will not be entitled to claim the benefit of this guarantee.
   3. The contractor reserves the rights, to his sole discretion, to determine how to satisfy the guarantee, whether by replacing, reperforming the service or refunding all or part of the money in which has been paid. 

1. Termination
   1. This agreement shall continue until the service ( or any mutually agreed addition, extension or variation of) has been provided or until terminated in accordance with the below. 
   2. Without prejudice to the above this contract terms and conditions may be terminated immediately where any of the following circumstances may arrive; 
2. a) Either party commits a serious breach or persistent breaches of this agreement including but not limited to the non-performance, neglect or default of any of their duties as outlined herein (including a failure on the part of the customer to make payment within agreed timescales) and after notice of this breach has been given to the defaulting party it remains unremedied and unrectified 7 days after such notice.
3. Either party commits a breach of this agreement which cannot be remedied.
4. Either party becomes insolvent or enters into a CVA or IVA or ceases to carry on the whole or substantially the whole of its business.
   1. Upon termination of the employment of RJB Construction & Maintenance ltd under this agreement the Client shall pay to RJB Construction & Maintenance Ltd such sums as may represent work done and expenses incurred up to and including the date of the termination. 
   2. Any right to terminate the employment of RJB Construction & Maintenance Ltd under this agreement shall be without prejudice to any accrued rights or liabilities arising out of this agreement which are in existence at the date of termination.

1. Disclaimers and exclusions 
   1. RJB Construction & Maintenance Ltd shall not be responsible in any circumstances to the Client or any third party for any loss of profit or indirect or consequential economic damage or loss, howsoever caused, whether as a result of negligence, misrepresentation, breach of contract or otherwise. 
   2. Nothing in the foregoing shall be read as restricting or limiting in any way RJB Construction & Maintenance ltd’s liability for death or personal injury.
   3. RJB Construction & Maintenance ltd shall not be responsible for any loss or defects that may arise due to the customer not following instructions or advice. 

1. Indemnity
   1. The Client shall indemnify RJB Construction & Maintenance Ltd against any loss or damage which results from the Client’s breach of this agreement or failure to abide by any of its terms.
2. Force Majeure
   1. Neither party shall be liable for any delay or failure in performing its obligations or duties under this agreement which results from circumstances outside his reasonable control including but not limited to acts of God, industrial action, war, fire, threat of terrorism, civil disturbance or rioting, government or regulatory action, breakdown in plant or machinery or shortage of raw materials or supplies.
3. Warranty of contractual Capacity 
   1. Both parties and the signatories to this agreement warrant that they are authorised and permitted to enter into this agreement, and have obtained all necessary permissions and approvals
4. Whole Agreement, Governing Law, Severability and Miscellaneous Provisions 

1. This document constitutes the entirety of the agreement between the parties. It supersedes any prior representations which may have been made, whether orally or in writing. Any modification to this agreement must be made in writing and signed by both parties.
2.  This Agreement shall be governed by the Law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
3.  All clauses, sub clauses and parts thereof shall be severable and shall be read and construed independently. Should any part of this Agreement be found invalid this will not affect the validity or enforceability of any other provision or of this agreement as a whole. 
4. All terms, conditions and covenants contained in this agreement shall bind the parties and their heirs, legal representatives, successors to title and permitted assignees. 
5. Nothing in these terms and conditions shall incur any rights on a third party and no third party may enforce any provision of this contract under the Contracts (Rights of Third Parties) Act. 
6. The failure by either party to enforce any provision of this agreement shall not be deemed a waiver or limitation of that party’s right to subsequently compel and require strict compliance with every provision of this agreement.

1. Extensions
   1. Customer will provide the contractor with all approved architectural and structural plans.
   2. Footings should be taken as 1 metre depth, if deeper footing are required by building control then additional costs may be incurred.
   3. Unless the estimate states otherwise all aspects of the extension build will be made from thermal blocks internally and concrete blocks externally. 
   4. Electrical and 1st fix plumbing charges will be the sole responsibility of the customer. 
   5. Although every attempt to minimise movement will take place the contractor cannot be held responsible for any cracks throughout the house as a result of structural edits. The contractor reserves the right to charge for any remedy works. 
   6. It is at the discretion of the contractor to evaluate what scaffolding access will be required or provided. The estimation will state what level of scaffolding is required, should further scaffolding or access equipment be required then the cost should be discussed with the customer. Eg-Additional charges may be proposed to install a temporary roof over the build if persistent rain is forecast in order to protect the completed work and minimise delays. 

1. Loft conversions 
   1. Customer will provide the contractor with all approved architectural and structural plans.
   2. Where footings are required to be assessed then it will be solely the customers responsibility to obtain the current inspections to ensure that the existing property is adequate for the loft conversion. 
   3. Although every attempt to minimise movement will take place the contractor cannot be held responsible for any cracks throughout the house as a result of structural edits. The contractor reserves the right to charge for any remedy works. 
   4. It is at the discretion of the contractor to evaluate what scaffolding access will be required or provided. The estimation will state what level of scaffolding is required, should further scaffolding or access equipment be required then the cost should be discussed with the customer. 
2. Structural work
   1. Structural alterations will only be carried out with the correct and approved structural plans in place. 
   2. The contractor cannot be held responsible for the issues in structural works carried out where by the plans have been followed.
   3. The customer must allow and assist the contractor, where possible, to ensure that structural works can be carried out efficiently and correctly. 
3. Plastering & Rendering 
   1. All plastering work is carried out with 2 coats of multi-finish plaster
   2. Plastering on existing walls to have 2 coats of PVA prior to multi-finish
   3. All plasterwork still requires a decorator to carry out a small amount of preparation in order to get the best finish.
   4. External rendering with have plastic or steel trims- corner trims to external corners and external window revels. Bell cast beads to be used above windows and as a DPC drip off.
   5. External rendering to have 2 coats of render.
   6. Where pebbledash is required the pebble finish will be applied within the 2nd coat of render.
4. Plaster boarding
   1. All walls that are described as being dot and dabbed will consist of using a plasterboard adhesive to install 12.5mm standard plasterboard to the walls.
   2. Ceilings will be plaster boarded with 12.5mm board.
   3. Where other plasterboards are required such as moisture board, sound board, fire board then additional charges may apply if not noted within the estimate. 
   4. Plasterboard joins to have skim tape applied. 
5. Painting and decorating 
   1. Ceilings to be white as standard with 2 coats only
   2. Walls all to be one colour or white with 2 coats only
   3. Feature walls of different colour or wallpaper will be charged extra as additional
   4. Woodwork to be white as standard and to be either gloss or satinwood or eggshall
   5. Woodwork to be painted with 1 coat
   6. Where further coats are required there will be an additional charge where multiple colours are to be used throughout rooms or woodworks then additional charges will apply.
6. Bathroom fitting and tiling
   1. Fully tiled means walls tiled from floor to ceiling, excluding a tiled bath panel and a tiled floor; these may result in additional charges.
   2. Tiles to be installed vertical or horizontal, if a different pattern is required then additional charges apply.
   3. Customer to make the contractor clear on what size tiles they will look to source. If full tiled bathrooms to be tiled with small tiles e.g. 150mm x 50mm or similar sizes and such decisions have not been made prior to estimate date then additional costs will be charged. 
   4. Customer to supply any bathroom suite materials including but not limited to baths, toilets, showers, shower tray, shower screens, basins, tiles and fittings.
   5. Maximum 2 fittings installed per bathroom and additional fittings would be charged at £45+VAT
   6. Bathroom materials supplied by customer must be present prior to any works starting. 
7. Kitchen fitting
   1. Customer to supply any kitchen materials including but not limited to kitchen units, worktops, sink, cupboard doors, handles, tap, appliances, plinths, pelmets, upstands and tiles
   2. Where not previously agreed quantity of cupboards to be maximum of 10, additional units will incur additional charges.
   3. Worktops included in our fitting are limited to laminate, solid wood and earthstone. 
   4. Worktops such as granite or similar are excluded from our estimate and a specialist will be required to install.
   5. Kitchens are assumed to be ready built units, flat pack units will incur a charge of £30+VAT per unit to assemble.
   6. Delays to supply of kitchen materials including replacement items if deliveries are wrong or incomplete may incur additional costs.
8. Carpentry and joinery 
   1. Unless stated on the estimate then new doors apply to new areas only
   2. New staircases where applicable to be made of pine newel posts and mdf risers/goings.
   3. Handrails and spindles to be pine.
   4. Allowances on new doors will be made for new flooring, if new or existing doors need trimming after floors have been installed it would be at the discretion of the contractor to decide if charges will be applied. 
   5. Standard skirting and architrave profiles will be installed in new areas- where possible we aim to match the existing. 
   6. Stud walls to be made from 4 x 2 or 3 x 2
   7. P5 chipboard tongue and grove flooring will be installed in all new areas applicable 
   8. All structural timber to be c24 grade
9. Flooring
   1. Customer to supply all flooring 
   2. Flooring will be protected by corex, if the customer requires a different type of protection then this will need go be given in writing prior to any floor finished being installed. 
   3. Supply and install of carpets to be additional unless stated within the estimate. 
   4. Tile floors would be additional unless stated within the estimate. 
10. Waste and removals
    1. The contractor shall provide skip hire, grab hire or hire a clearance company to remove all debris and rubbish generated by carrying out their service.
    2. The contractor reserves the right to sell, denote or recycle any waste that has been generated from his services in order to minimise impact on the environment. 
    3. The contractor will not be liable to dispose of cupboard, pallets or any other waste generated by the customer or the customers deliveries. 
11. Deliveries 
    1. The contractor shall not be liable to sign for any deliveries that the customer places and/or be liable for any damages to deliveries that arrive while the customer is not present. 
    2. Deliveries made by the customer must be delivered, where possible, inside the property and preferably to a room of there choice. 
    3. The customer will not be liable for any damages or missing items for any deliveries that the contractor makes to the property in order to carry out his service. 

These terms and conditions are to be read in conjunction with the contract agreement and estimate specification.