TERMS & CONDITIONS

TERMS AND CONDITIONS

TRADING TERMS & CONDITIONS
CJE DEVELOPMENTS & PROPERTY SERVICES LIMITED 
Meanings:

• CJE – CJE Developments & Property Services Ltd
• Quotation – Estimate

We are CJE Developments & Property Services Ltd, a company registered in England and Wales. Our company registration number is 10522474 and our registered office is at 4 Station Court, Girton Road, Cannock, WS11 0EJ. Our registered VAT number is 38 24180 96
Telephone: 01922 552015, Email: Info@cjedevelopments.co.uk
You can contact us by telephoning our customer service team on the number set out on our estimate or by writing to us at the address on the same form. 
 “Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails. 

Following your enquiry to us, we may decide to send a surveyor, contractor, sub-contractor or a team member to your property to evaluate and assess your requirements. If it is critical that the Works are completed by a particular date you must advise us of this at the time of estimate.
You may be required to pay a fee for the survey, report and or quotation. If this is required, you will be told at the time of your enquiry. 

1. 1. THESE TERMS 
1.1 These are the terms and conditions on which we undertake any works identified in our estimate, quotation, survey or report. 
1.2 By accepting our quotation/estimate and instructing/authorising us to carry out the works you are signing a legally binding contract for work to be completed at an agreed upon price. In the event that you break this contract, all deposits made to the company shall be surrendered as damages and all materials that have been ordered will require payment in full. We reserve the right to invoice for the full cost incurred. 

2. An estimate is an offer to do the work at the price named however we receiver the right to amend the estimate at any time and this may change due to additional works required, material costs and other factors. 
2.1 Following acceptance of our estimate we will contact the instructing party to inform them of a date where the works will commence. Where works have been accepted and cancelled we reserve the right to request that any material costs incurred by us will remain payable in full. We also reserve the right to full payment should works be cancelled within less than 48 hours from the agreed commencement date.
2.2 Where works are cancelled on the day or no access is given we reserve the right to charge £260.00 + vet per engineer / per day. 
2.3 We reserve the right to charge a re-booking administration fee of £45.00 + vat. 
2.4 We reserve the right to charge a surcharge of £260.00 + vat per engineer where the client cancels works within 7 days of the agreed date. 

3. Except as expressly agreed, CJE Developments & Property Services Ltd shall provide all labour, materials and equipment necessary for the proper execution of the work. All reasonable care will be taken in the use and fixing of any materials or goods supplied by the customer, but, in such circumstances, no responsibility for their suitability, or for damage to or caused by them during fixing, is accepted. All materials supplied will meet regulations and current standards; they will not necessarily be the brands specified in the plans but are equivalent to. 

4. Sound materials suitable for their respective purposes will be used but are supplied subject to any condition of sale attached thereto by the manufacturers or suppliers so far as such conditions are not inconsistent with these terms and conditions of trading. In the event of any materials proving faulty, CJE Developments & Property Services Ltd liability for making good may be limited to such amount as may be recovered from the manufacturer or supplier.

5. The words ‘provisional sum’ where used in the estimate or specification indicates the amount included therein to cover a specific item of work, and the sum is subject to substitution of the actual cost.

6. The value of any variations to work included in the estimate ordered and authorised by the customer, whether in addition, omission or by substitution, should wherever practicable be agreed before the variation is carried out. The value of any such variation shall be added or deducted from the price stated in the estimate. No variation shall vitiate the contract. Any variation will be carried out subject to these conditions.

7. All materials / waste that is a result of our works will not be removed from site. This will be disposed of on site using your facilities and will only be removed if we have specified a waste removal charge. All existing materials removed to allow execution of the works will be disposed of where possible however due to waste carrier regulations and disposal charges we reserve the right to charge a waste disposal fee. Where possible waste will be disposed of using the bins allocated to the property in which is been worked upon and will only be removed if we have specified a waste removal charge.

8. Unless specifically mentioned, no provision is made for repair of plastering beneath papered walls or ceiling surfaces, as it is assumed that such plastering is in good condition, and is suitable to take treatment specified. Similarly, the costs of the repairs and renewals of any defects which are not visible at the time of estimating will be chargeable, unless allowance for such items is specifically included in the estimate.

9. Irrespective of any insurance taken out by CJE Developments & Property Services Ltd, the customer should inform his insurer that building works are to be carried out on the property and satisfy himself that he is adequately covered by insurance. Unless expressly agreed, CJE Developments & Property Services Ltd is not liable for the loss of or damage to the works, materials on site or any property of the customer, unless the same is caused by negligence (as defined in the Unfair Contract Terms Act 1977) of, or breach of contract by, CJE Developments & Property Services Ltd.

10. The above cost includes all scaffolding, plant and hires, equipment, labour and materials for the specified works listed in the above scope if specified. The price does not allow for security heaters or dehumidifiers to aid drying times but can be supplied with an additional charge. The cost is based on site welfare facilities being made available unless stated at time of tender, any toilet hire needed can be arranged at an additional charge.

11. The above cost has been calculated on us having full access to all boundary perimeters and being able to erect any scaffolding to all sides of the proposed works where scaffolding is required on neighbouring property’s consent must be gained by yourself prior to commencement. Please note any scaffold that cannot be erected as required then this quotation may occur additional costs. Where parking restrictions apply outside the property such as a red route, additional charges may be incurred.

12. Any mains supplies that require moving are to be moved by the relevant companies. (Gas, electricity, phone, cable, sky and water) The price does not include moving of services. The prices above are based on a free issue of gas, electric and water for the contract term 

13. We will endeavour to employ a helpful attitude at all times and will always attempt to bring the building works to a satisfactory conclusion as soon as possible taking into account adverse weather conditions, whilst every effort will be made to ensure the building is wind and water tight no guarantees can be given unless a scaffold is erected over and around the whole building and polythene wrapped, cost on application for this service

14. Every care is taken by employment of the best available labour and materials to produce a satisfactory finish. CJE Developments & Property Services Ltd shall at own cost rectify any faults or defects that shall appear within three months of the completion of the works (excluding previously constructed buildings, excluding work completed by other contractors) and which are due to materials and workmanship not in accordance with these terms and conditions, so long as written notice of such faults or defects shall be given by the customer to CJE Developments & Property Services Ltd within a reasonable period of the expiration of the aforesaid period. Cracks due to the normal movement or drying out of timber, plaster etc. will not be accepted as defects.

15. It is fair to ask that you provide us with one complete snagging list on full completion of the works, this is separate to any defects, all snagging will be signed off by both parties on completion any further snagging after this process will be deemed a callout and chargeable

16. It is assumed that the customer will remove all his property from the working area, unless provision is made to the contrary in the estimate, or by mutual agreement.

17. PRICE AND PAYMENT
Invoices will be sent out after the work has been completed, and shall be paid on receipt of the invoice unless credit terms have been agreed prior to work commencement. 
17.1 The price of the Works identified in our report (which includes VAT where required) will be the price set out in our quotation or as set out in our survey, report to you. 
17.2 Sometimes it is not possible to calculate the full price of the Works. Our survey/report/quotation will clearly set out the price for the Works and materials set out in it. If additional materials or Works are required, we will provide you with a new quotation setting out the price for such additional materials/Works in writing and will not proceed with any such additional work without your written acceptance. 
17.3 If the rate of VAT changes between your order date and the date we supply the Works, we will adjust the rate of VAT that you pay, unless you have already paid for the order in full before the change in the rate of VAT takes effect. 
17.4 We may require payment in full before we commence the Works or, where appropriate, a deposit. The balance shall be due to us immediately on completion of the Works and on receipt of such payment we shall issue to you an invoice for the whole value of the Works. 
17.5 If you are a client and you do not make any payment to us by the due date, we may charge you interest on the overdue amount at the rate of 9.5% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
17.6 We can charge a fee if a payment is cancelled, refused or late (Overdue). If a payment is cancelled (e.g., countermanded) or refused (e.g., dishonoured by your bank because you have insufficient funds), we may charge you an administration fee to cover our direct costs of dealing with the cancelled or refused payment. Where a payment Is overdue we may charge you an administration fee. This administration fee will be no more than £65.00. All other costs incurred by us including those of debt collection and/or tracing agencies will be remaining payable by yourself.
17.7 If you have any queries regarding the payment then please contact us promptly explaining why you think it is wrong and we will not charge you interest until we have resolved the issue 
17.8 Our defined payment terms if previously agreed are
a) NET0 – Payment due upon invoice.
b) NET7 – Payment due within 7 days of invoice.
c) NET30 – Payment due within 30 days of invoice.
d) NET60 – Payment due within 60 days of invoice 
17.9 Where works are instructed via an estate/letting or managing agent and the invoice is to be paid direct from the Landlord, our invoice becomes due upon completion of the said works and no payment terms are imposed unless the landlord has requested payment terms and completed a Client registration form prior to the estimate acceptance. Failure for the landlord to make payment may result in a late payment administration fee. Payment terms are only valid for commercial clients who have completed our new client registration PQQ. 
17.10 Where works are instructed via an estate/letting or managing agent these may include commission on their behalf. Please contact your agent for further information relating to their commission procedure. 
17.11 In the case of work taking more than one month to complete, interim payments to the value of the work carried out will be requested, this will be agreed prior to work commencement.
17.12 Where works are cancelled within 48 hours of commencement we reserve the right to charge the full estimate total. 
17.13. Where access is not permitted following a scheduled date/time/appointment then we reserve the right to charge a fee of £250.00 + vat / per engineer / per day. 
17.14 Where we choose to cancel the works based on limited access/restricted access/no communication or other factors beyond our control we reserve the right to invoice for the full estimate total. 
17.15 Where a client cancels any work, contractor agreement and/or removes our company from their contractor database all credit terms are void and all invoices become immediately due for payment. 

18.0 - Reserved for amendments 

19. PROVIDING THE WORKS
19.1 We will begin the Works on the date agreed with you at the time of the survey/quotation or following your acceptance of the Works set out in the survey report. We will let you know before the start of the Works the estimated completion date. 
19.2 We may need certain information from you, or we may require you to carry out certain actions so that we can carry out the Works, for example, clearing rooms or emptying cupboards. If we require your assistance, this will be stated in the survey report. We will contact you to ask for this information or for you to confirm that you have carried out the actions. If you do not give us this information, or if you give us incomplete or incorrect information or if you have not carried out your actions, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for completing Works late or not supplying any part of them if this is caused by you not giving us the information or failing to carry out the actions within a reasonable time of us asking. 
19.4 As our access to all parts of your property may have been limited or restricted during our survey, if when we start providing the Works, we discover that the problem is more extensive than we originally thought then we reserve the right to provide a quote to you for this additional work. 
19.5 If our completion of the Works is delayed by an event outside our control (including for example unavailability of service staff due to illness, restricted access, no access, adverse weather) then we will let you know as soon as possible and we may need to re-schedule our works. Should we need to re-arrange the completion of the works you will remain liable for our costs including full labour time and materials and full payment of the estimate which was provided (This includes partially completed works which were delayed / incomplete due to delays outside of our control)
19.6 If you do not allow us access to your property to perform the works as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract. 
19.7 If we are unable to complete the Works on the date, we originally advised to you, unless this is due to circumstances outside our control, then you may end the contract but only if you have told us in writing before we accepted your order that the Works had to be completed by that date. 
19.8 If you do not wish to end the contract, you can give us a new deadline to complete the Works, which must be reasonable, and if we do not meet this new deadline you can also end the contract. 
19.9 If you do choose to end the contract under paragraphs 19.7 or 19.8 you can cancel your order for any Works only partially completed but we will invoice you for those partially completed Works at the date you have ended the contract.
19.10Breakable Objects - Please can you remove any personal objects that may be breakable end-route to the work location.(Pictures, hanging paintings, ornaments, mirrors, side tables etc), before we arrive.

20. GUARANTEES & WARRANTIES
20.1 Where the survey, report or quotation states that our Works come with a guarantee, we shall issue to you the guarantee upon receipt of payment in full. If the works are carried out by one of our appointed contractors, then CJE Developments Ltd will not guarantee the works. The guarantee will be provided by the contractor completing the works. This includes but is not limited to plastering, rendering, decoration, roofing. The terms of the Guarantee are shown on the relevant certificate of Guarantee. 
20.2 All warranties are limited to those offered by the manufacturers of the products used. CJE Developments makes no additional warranties. If you ever have a concern regarding our work, CJE Developments should be notified immediately. 
20.3 Where we have been authorised and instructed to complete maintenance repairs following on services / works we have not completed but have been completed by another contractor we will not provide any guarantee and or warranty. Where new materials and products have been installed the relevant manufacturer guarantee / warranty will not be affected. 

GENERAL NOTES FOR CLIENT 
These notes contain important information for clients and must be read in conjunction with the Survey, Report and quotation. 
Please see the Survey Report for any variations on these General Notes. 

Instrumental readings or moisture content. 
Where we refer to instrumental readings or moisture content in our report, we will have used a resistance meter to ascertain the moisture content of timber and a carbide meter to ascertain the moisture content of mortar samples taken from the walls of the property. 

ELECTRICAL CONTRACTING.
- The client is to always provide adequate access to all distribution boards to our engineers.
- The client will allow the shut down and safe isolation of all circuits as required for us to complete our works.
- 30 Minutes per circuit will be allocated, Circuits that cannot be identified within this timescale will be noted as non-verifiable.
- Additional circuits other than those identified will be charged at £25.00 + vat per circuit.
- Test results, certificates and reports will only be provided upon final payment.
- Prices will include board write up, paperwork and rectification costs.
- The client MUST provide us with information relating to any circuits / equipment that cannot be isolated.
- We will accept no responsibility for any damage caused to servers, contactors, control gear, switch gear, programmers.
- Fire alarm circuits must be isolated where testing is required. We are to be notified if this is required.

WATER AND ELECTRICITY SUPPLY.
- The client should ensure that there is an adequate supply of mains water and electricity available prior to the arrival of our technicians, contractors and/or sub-contractors to carry out the works as detailed in our report/quotation. If electricity is not available, it will be necessary for us to supply a portable generator, and this will be subject to an additional charge on completion of the contract.

WASTE DISPOSAL.
- Due to a change in government policy and the charges for us to dispose of waste we reserve the right to pass this cost on. Where waste will be made, we will provide a cost for the disposal of this however should we not be able to remove the waste / there is no waste we will remove this charge. We are registered waste carries, and our waste carrier number can be found on our website. Any waste removed by us from the property becomes our property until disposed of. We may require completion of a WTN (Waste Transfer Notice) by the agent/occupier/client. We will endeavour to recycle items where possible. We reserve the right to dispose of waste at the property using the bins provided in accordance with the current regulations.

RELAYING OF CARPETS
Where our Technicians, contractors and sub-contractors have completed works in your home, they will protect the work areas, where necessary, so that carpets may be re-laid loosely without delay. In the case of foam/synthetic backed carpets, it is inadvisable to lay these on treated floors until a period of four weeks has elapsed after treatment. For the same reason, vinyl floor coverings should not be laid until three months have elapsed. 

ROOF INSULATION
Where insulation material has been removed from a roof, it can be re-laid immediately after completion of our works if advised. If the insulation material is to be re-laid by some other party, the work must be delayed until after the expiry of the appropriate safety precautions period. 

POLYTHENE SHEETING
Where we have laid polythene sheet on the oversight beneath a suspended timber floor at ground floor level, its purpose is to reduce the evaporation of water from the surface of the oversight. It is essential that the polythene sheet is not disturbed or removed from the oversight otherwise fungal decay may occur in the floor timbers. 

OTHER CONTRACTORS
Where we have recommended work that is to be carried out by others, arrangements for such work are the client’s responsibility. No allowance for this work is included in our quotation. 

WATER AND ELECTRICITY
The client should ensure that there is an adequate supply of mains water and electricity available prior to the arrival of our Technicians, contractors and/or sub-contractors to carry out the works as detailed in our report/quotation. If electricity is not available, it will be necessary for us to supply a portable generator and this will be subject to an additional charge on completion of the contract. 

INSURANCE
Where optional insurance is offered, the offer will only apply to the relevant areas, which have been inspected and which are detailed within the survey report, and the category or categories of insurance cover referred to on the quotation under the heading “optional insurance”. 

THIRD PARTY LIABILITY
The survey, report is for the sole and confidential use of the client and no liability will be accepted in relation to third parties. Any such persons relying on the survey report do so entirely at their own risk.

HEALTH AND SAFETY PRECAUTIONS 
CJE Developments & Property Services Ltd has always been conscious of its health and safety responsibilities to both its clients and staff. Our prices reflect the need to ensure your safety.
The Control of Substances Hazardous to Health (COSHH) Regulations relate to the use and handling of hazardous substances, including pesticides. The law clearly defines the responsibility of companies involved in industries such as the treatment of timber and the installation of damp proof courses. 
You should observe the warning signs that will be displayed in a prominent place before work commences.
1. Access to all work areas: - you should not enter an area whilst work is in progress.
2. Allergies: - it is recommended that people who suffer from respiratory problems, such as asthma, should not enter the property whilst work is in progress.
3. Pets: - cats, dogs, birds and other household pets should be removed from the work area.
4. Fish: - should be removed from the work area.
5. Plants: - should be removed from the work area.
6. Food and drink: - should be removed from the work area.
7. Other items: - should be protected or removed from work area, where necessary
8. Naked flames: - all naked flames (fires, pilot lights, boilers) in or adjacent to the work area should be extinguished.
You should also observe the warning signs that will be displayed in a prominent place after the work has been completed. The type of work undertaken and the ability to ventilate the work areas will determine the time for which the safety precautions will need to apply after completion of the work. The minimum access restriction that will apply after treatment and of which you need to be aware is two hours.
However, it may be necessary to restrict access to certain areas for longer periods of time. For example, we would recommend that the minimum access restriction be extended to 24 hours for people who are known to suffer from allergies. 




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