Terms & Conditions
Kestrel (Contractors) Limited Terms & Conditions Of Trading.
- Definitions used in these Terms and Conditions shall bear the meaning given to them on the face of this document. In addition the 'Specification' and the 'Quotation' shall mean the Specification and Quotation specified on the face of this document.
No addition or variation in the contract created by Customer's acceptance of this document shall be binding unless agreed in writing by Kestrel (Contractors) Limited. Kestrel (Contractors) Limited
OBLIGATION: - Kestrel (Contractors) Limited shall subject to these Terms & Conditions carry out the Work in accordance with the Specification and in a prompt and efficient manner.
COMMENCEMENT OF WORKS: - Unless a specified date or period of commencement of work has been agreed between the parties the Kestrel (Contractors) Limited shall commence work as soon as he finds it practicable for him to do so. The Customer shall make all arrangements reasonably required by Kestrel (Contractors) Limited and without charge to enable Kestrel (Contractors) Limited to commence work on arrival of workmen and/or equipment and/or materials.
PAYMENT: - Customer agrees that he will pay Kestrel (Contractors) Limited the contract sum together with any Value Added Tax properly chargeable upon the contract sum with the Term period specified on each individual invoice.
- Kestrel (Contractors) Limited reserves the right to revise the rates stated in the Quotation consequent upon any increase in the cost of materials, goods, services, transport or other unforeseen contingencies.
- The said rates are based on the assumption that the soil and site conditions are as notified to Kestrel (Contractors) Limited before the date of the Quotation. If Kestrel (Contractors) Limited encounters any rock or running sand, bog or other harmful materials or obstruction not previously notified then the quoted rates may be amended to take account of incurred costs to Kestrel (Contractors) Limited in carrying out the works.
- Unless otherwise stated accounts are payable within 14 days of invoice date.
SUSPENSION OF WORK: - Kestrel (Contractors) Limited will be entitled to suspend works for the following eventualities:
Until payment in full is received from any interim invoices submitted in accordance with the payment terms specific to Customer.
A winding up order being made or resolution passed against Customer.
Any termination or suspension shall be made without prejudice to any payment claim Kestrel (Contractors) Limited may have.
Kestrel (Contractors) Limited will be entitled to full payment as specified in the quotation for work done and materials supplied up to the date of suspension.
MATERIALS ON SITE: - Any materials delivered to the Customers site become the responsibility of Customer. Kestrel (Contractors) Limited is not responsible for any loss, damage, pilfering or extra expense caused by such losses after delivery of materials to site.
- The materials once delivered shall be at Customers risk but shall remain the sole and absolute property of the company as legal owner until such time as Customer has paid to the company the full price for the materials together with the full price of any other goods the subject of any other contract with the company.
- The company may for the purpose of recovery of its materials supplied to Customer enter any premises where they are stored or where they are reasonably thought to be stored and may repossess and resell the same.
LIMITATION OF LIABILITY: - Kestrel (Contractors) Limited shall carry out the works as stated in the quotation with reasonable care and skill.
- If Customer deems the work not to a reasonable standard he will immediately or within 14 days of the date of final invoice on completion of the works notify in writing to Kestrel (Contractors) Limited any such defects. Kestrel (Contractors) Limited will examine and should any examination show any failure to comply with the quotation shall repair or make good the relevant defect.
- Kestrel (Contractors) Limited will accept no liability whatsoever in the following;
Damage or defects caused by Customer.
Damage or defects caused by circumstances beyond the control of Kestrel (Contractors) Limited.
Damage caused to cables, gas, water, electric mains or sewers or any underground services, the existence, location and depth which has not been disclosed to Kestrel (Contractors) Limited 7 days prior to commencement of works.
Water pollution, heave, flooding or subsidence.
Failure of mole drains due to heavy rain after moling.
Failure of subsoiling due to heavy rain after subsoiling.
Ditches slumping due to flooding or other cause beyond the control of Kestrel (Contractors) Limited.
The failure of any drainage system to provide adequate drainage where such defect is mainly due to the design upon the basis of which the drainage was installed unless the design was that of Kestrel (Contractors) Limited in which case Kestrel (Contractors) Limited shall not be exempted from liability except where the design was aimed at keeping costs as low as possible for Customer and Customer was warned in writing before entering into the contract that the design might be inadequate for his purpose.
Settlement of fill over drain runs or gravel in sand slits unless a specific agreement has been made in the quotation.
INDEMNITY: - Customer shall indemnify Kestrel (Contractors) Limited against all liability loss damage or cost incurred by Kestrel (Contractors) Limited by reason of:
Any act of omission occurring during the execution of the works or Kestrel (Contractors) Limited compliance with its obligations hereunder insofar as such liability loss damage or cost has been caused by the negligence or fault of Customer, his employees or agents.
Any claims made by a third party against Kestrel (Contractors) Limited in the course of or arising from the execution of the works, act or omission occurring during the course of Kestrel (Contractors) Limited compliance with its obligations
MISCELLANEOUS: - If any provision of these terms and conditions shall be determined to be invalid or unenforceable or illegal then this shall not affect the validity of the remaining provisions of the above terms and conditions, which shall be interpreted as if such invalid provisions had not been inserted.
CUSTOMERS (principally golf clubs)UNDERTAKING: - Customer undertakes to provide adequate warning to their personnel including their own Customers to heed caution during Kestrel (Contractors) Limited execution of the work and to respect the safety of Kestrel (Contractors) Limited employees whilst executing the work. Any damage to vehicle, machinery or personnel will be chargeable to Customer.
