Our Terms & Conditions
In these terms and conditions where we refer to “we” “us” or “our” we are referring to ST Portess & Son Ltd – Builders. References to “you”, “your” or “yourself” are to you, our customer or friends, family or site visitors where appropriate. Where to term “you” refers to more than one person your liability is joint and several.
- Terms for payment
2.1 Our invoice will be delivered as soon as we complete the work we have been contracted to do, or as each stage of the contracted build work is completed.
2.2 If during the course of the contracted work, extra works are incurred which have not formed part of the original contract works, these extra works form a separate contract and will therefore be invoiced separately if they cannot be carried out in conjunction with the original contract works.
2.3 Payment in full is due as terms stated on Quotation/Estimate/Invoice. We do not permit retentions, or part payment unless otherwise agreed.
2.4 If payment in full is not received within the period stipulated on your invoice you will in addition to that of the original invoice amount pay us interest at 5% over the then current base rate of the bank of England. The interest will be added to the outstanding balance every 28 days until the entire outstanding balance, including the interest has been paid.
2.5 Any written estimations provided by ST Portess & Son are an approximation only. The invoice total will be determined by the quantity and value of materials used for the works and the total labour cost based on a specific hourly rate.
2.6 Any written quotations provided by ST Portess & Son are based on the information provided by the customer. Should this information be subject to change or variation the quotation will become void and therefore be subject to a price variations.
3.1 Our employees use electrical tools and equipment and should we require an electrical supply to be made available we will notify you accordingly. This will need to be made available to us throughout the works at no cost to us unless otherwise agreed
3.2 If the works require task lighting we will therefore require adequate lighting to be made available or an electrical supply to allow us to provide our own task lighting.
3.3 Our works may require the need for a water supply near to the working area. This will need to be made available to us throughout the works at no cost to us unless otherwise agreed.
- Health, Safety & Welfare
4.1 Any designated work area will contain potential dangers, these work areas will be agreed prior to stating the works. Please keep you and your family away from these work areas. You are welcome to inspect the work in agreement and accompaniment of an ST Portess representative only.
4.2 Scaffolding maybe required to access the work area; this is to be accessed only by ST Portess personnel and our contractors. Should this scaffold encroach on another parties boundary/property, it is your responsibility to gain the necessary permissions, before work commences.
4.3 We do require that there are toilet and hand washing facilities on site for our workmen, unless otherwise agreed. We will ensure these facilities are left in a reasonably clean and tidy condition.
4.4 It is assumed that the work area we will be entering will be of a safe condition, if we deem this not to be the case we reserve the right to leave site immediately, including the removal of all materials and plant. All costs for the re-commencement of work, loss of earnings and any administration charges will be charged to the customer.
4.5 It is the building owners/customers responsibility to notify us where any asbestos containing materials maybe located on site or any ACM’s that could be affected by the works. If necessary it is the customer’s responsibility to have a suitable asbestos survey carried out before any works commence.
- Variations / instructions
5.1 All works will be carried out in accordance with our written estimate or quotation. Should there be any variations or additions to the works these will be carried out at the agreed daywork rate unless otherwise agreed.
5.2 Any instructions for additional works will only be accepted by ST Portess & Son supervisors and senior management.
5.3 Any variations to construction drawings or contract information will be subject to a re-measure of the works and price variations where applicable.
5.4 All construction phase information and revisions must be made available to ST Portess & Son before the commencement of work and any subsequent revisions throughout the contract. ST Portess & Son will not be responsible for variations resulting from the receipt of superseded information.
- Practical completion / Programme of works
6.1 Any timescales given by ST Portess & Son are only provisional and will therefore not accept responsibility for and liquidated damages which the customer may incur subject to the works being incomplete.
6.2 If a practical completion date is required by the customer, this must be done so in writing using a suitable small works contract, which can be provided upon request.
6.3 We will only accept fixed date contracts when the work is not dependant on contractors directly employed by the customer. We will not accept liability for matters outside our control which may lead to delays in the works.