These are the terms & conditions under which Haydon Construction Services Ltd supplies all prepaid services. No other terms & conditions will be accepted, nor will any other terms & conditions form any part of any contract with Haydon Construction Services Ltd.
Definitions and Interpretations
1. In these conditions of sale, [Customer] means the company, individual or other person to whom Haydon Construction Services Ltd supplies or has agreed to supply services to. [Company] means Haydon Construction Services Ltd Registered Office Import Building, Ground Floor 2 Clove Crescent, East India Dock, London, England, E14 2BE Registered in England No. 10775058.
2. [Service or Services] means every, or where the context so requires, any item of what so ever nature which the Customers buys or has agreed to buy from the Company under the contract to which the Conditions apply. [Contract] means the contract of the sale and supply of Services subject to these Conditions.
3. [Liability] means any liability in tort (including negligence), liability in contract and liability for breach of statutory duty, including liability in each case for consequential loss (including loss of profit) or damages of any kind howsoever caused or arising.
4. [Drawings] means all relevant project information and where applicable shall include existing and proposed floor plans, elevations, sections, specifications, employers’ requirements, accommodation schedule, programme and scope of works.
5. [Working Day] is understood to be the days of the week from Monday to Friday between the hours of 09:00 to 17:00 unless declared a public holiday or Bank Holiday by the UK government.
6. [Order] means the Company have received all relevant Drawings and full payment for the service requested.
7. Using Customers drawings, The Company provides a construction estimating, development appraisal and cost planning service for domestic and commercial construction works. The Company produces an estimate of the likely build costs involved in completing the work. Estimates will contain a labour and material cost breakdown.
8. The Company provides services to Customers deemed to be commercial enterprises in a business-to-business capacity.
9. Delivery: When the Company has completed the service for the customer, the customer will receive an email notification containing the documentation in relation to that completed service. Services will be returned in Excel format.
10. Request For Information: During the carrying out of the service, the Company may request further information from the Customer, to allow the Company to complete the service. These requests will be made by telephone or email. During the information request phase, the order may be placed on hold. This means depending on how long it takes the customer to respond, the Company may not be able to complete the service within a specified timeframe. The Company reserves the right to cancel the Contract, if the Customer does not provide the information necessary to allow the Company to complete the service, within a reasonable timescale.
11. If there are conflicts with the information provided to the Company, like specifications detailed on drawings are different than on a separate list of specifications, the company will use the drawings as the primary source.
12. Provisional Sums and PC Sums: The Company may make allowances for Provisional Sums and PC Sums where the information provided by the Customer permits it to do so. The Company does not guarantee or accept responsibility for the accuracy of Provisional and PC Sums and it is the customers entire responsibility to ensure they have been entered correctly and checked prior to submitting a tender/quotation to their clients.
13. Assumptions & Clarifications: Where there is a lack of information provided to the Company by the Customer, the Company may make assumptions that will enable the service to be completed. The Company may also provide a list of clarifications which detail the basis behind the assumptions.
14. Post Service Support: The Company, depending on workload and capacity, will normally be available during regular business hours to answer queries relating to the Customers’ completed service. The Company may allow up to three minor amendments to the completed service, providing that no alterations have been made to the building footprint and no new works are being introduced.
Purchase, Price and Payment
15. The Company agrees to provide Services to the Customer once the Customer provides sufficient relevant project information and payment in full for the requested service. The Company’s acceptance of the Customer’s order will take place when the Company [call OR write OR email] the Customer to accept it, at which point a contract will come into existence between the Company and the Customer. If the Company is unable to accept the Customer’s order, the Company will inform the Customer and will not charge the Customer for the service. This might be because of unexpected limits on the Company’s resources which the Company could not reasonably plan for, because the Company has identified an error in the price or description of the product or because the Company is unable to meet a delivery deadline the Customer has specified.
16. Prices contained on the Company’s website are intended as a guide price for each service only. The Company will review the Customers’ submitted information and provide a tailored price to the Customer on a case-by-case basis.
17. The Company reserves the right to amend the listed guide prices shown on the Company’s website without prior notice.
18. All services provided by the Company are priced in Pound Sterling. Payments made by the Customer to the Company shall also be made in Pound Sterling.
19. The basic date of supply shall be the date the request was accepted by the Company. The actual tax point of sale shall be the date when the Service was completed. In the event that the Customer cancels the order after it has been accepted by the Company, the Company may reserve the right to charge the Customer for the full price, or in part if the order has begun to be processed.
20. The Company will not accept information submitted to it by the Customer in paper format and it is the Customers’ responsibility to submit information via the upload function or email address provided on the Company’s website. Due to security issues, the Company reserves the right to reject enquiries that require it extract information from 3rd party cloud-based storage systems.
21. Information Received: Service requests received after 16:00 (4pm) weekdays or on weekends, may not be processed until the following working day. In these instances, the date of acceptance will be the following working day.
22. Services: All services produced by the Company are based on estimates and never intended to be fixed cost quotations. Accordingly, the Company does not guarantee or accept responsibility for any variation in the actual build cost of any project detailed by the drawings provided by the Customer and the estimate of that build cost provided by the Company.
23. The Company has no responsibility to the Customer other than to complete and return the service to the customer and to provide post service support where necessary. It is the responsibility of the Customer to make sure all information given to the Company is correct. If the Customer wishes to make a change to the service ordered, it should contact the Company as soon as possible. The Company will let the Customer know if the change is possible and will inform the Customer about any changes to the price of the service, the timing of it’s completion or anything else which would be necessary as a result of the requested change.
24. The Company may need certain information from the Customer so that it can supply the services. The Company will contact the Customer to request this information. If the Customer does not give the Company this information within a reasonable time, or if the Customer gives incomplete or incorrect information, the Company will use its best endeavours to make assumptions based on the available information. The Company will not be responsible for supplying the services late or not supplying any part of them if this is caused by the Customer not providing the information it needs within a reasonable time.
25. The Customer acknowledges that any statement or representation made or given on The Company’s behalf, any estimate of quantities needed, advice as to the suitability of any goods for a particular purpose and any plan or measurement given by the Company is given for guidance only and without liability.
26. Typographical errors or clerical omission in any sales literature, estimate, price list or other document issued by the Company may be corrected without any liability.
27. Third Parties: All information or data provided in confidence, which may be exchanged by The Company and the customer insofar as it is not demonstrably public knowledge shall not be divulged to any third party and may only be used for the purposes of providing the service and not in any other connection whatsoever.
28. Notices: All notices to be given under the contract shall be given by email to the registered office or principal place of business of the party to be notified. Delivery is deemed to have been affected at the point of despatch. The Company accepts no liability for delay or non-delivery.
29. Force Majeure: The Company shall be entitled to cancel the contract or reduce the volume of service to be provided if it is prevented from providing the service through any circumstances beyond its control including (but not limited to) industrial action, war, fire, pandemics or prohibition or enactment of any kind, and will not be liable for any loss or damage incurred whatsoever arising therefrom.
30. Termination: Without prejudice to any other remedies The Company may have against the Customer, the Company may terminate the contract on notice to the Customer, upon the Customer becoming bankrupt or insolvent or upon a resolution to wind up the Customer being passed, or a receiver, administrative receiver or administrator being appointed.
31. Modifications and Improvements: The Company may make such improvements and modifications as it deems necessary to the service, without notice to the Customer from time to time.
32. Delays: If the Company’s delivery of the services is delayed by an event outside the Company’s control, the Company will contact the Customer as soon as possible to let the Customer know and the Company will take steps to minimise the effect of the delay. Provided the Company does this it will not be liable for delays caused by the event.
33. Entire Agreement: Each Contract (together with any documents referred to therein) shall constitute the entire agreement and understanding between the parties in connection with its subject matter and supersedes and terminates all prior agreements, undertakings and arrangements (both written and oral) between the parties relating to subject matter of that Contract.
34. Third Party Rights: The Contracts (Rights of Third Parties) Act 1999 is not applicable in this contract, and it is not the intention of The Company that any third party should have the benefit of a contractual relationship between The Company and the Customer.
35. Limitation of Liability: To the full extent allowed by Law, The Company excludes itself of any liability, whether based in contract or tort (including negligence), for incidental, consequential, indirect, special, or punitive damages of any kind, or for loss of revenue or profits, loss of business, loss of information or data, or other financial loss arising out of or in connection with the sale, use, performance, failure or interpretation of its service, even if the Company has been advised of the possibility of such damages, and limits its liability to a full refund of the purchase price paid, at the Company’s discretion.
36. Law and Jurisdiction: These conditions are being governed by and construed in accordance with English law. Any proceedings brought by either party will initially be referred to mediation and only in the circumstances where mediation was to fail would proceedings then be issued through court.
37. Assignment: The customer shall not assign the contract or any part thereof, without prior written consent of the Company.