Terms & Conditions

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1. CONTRACTS
All quotations are given to Clients and all contracts are subject to the following terms and conditions, and no other terms and conditions shall apply to work carried out by Layn Developments: –

a) A quotation given by Layn Developments is only capable of acceptance on the basis of these terms and conditions. The work will not start without acceptance. Acceptance may be required to be given in writing.

b) Variations or additions to a Client’s order or acceptance must be agreed with a director and will be confirmed in writing by Layn Developments. No variations or additions will be made unless agreed in this way.

2. PAYMENTS

a) Save where specific terms as to payment are set out overleaf, or otherwise agreed by Layn Developments, payment in full is due 30 days after date of invoice which shall be submitted by Layn Developments when we, in our opinion, consider that the work required under the contract has been completed.

b) Retentions deductible on any one contract by the Client shall not apply unless agreed with Layn Developments in writing before commencement of any such contract.

c) The right to require payment in advance for materials and equipment is reserved by Layn Developments. In all contracts, Layn Developments reserves the right to require payment of 50% of the total contract price on account before the work is commenced or at any time before the work is completed.

d) The quotation price is non negotiable of discount. Prices quoted are nett and are including main contractors discount.

3. OVERDUE PAYMENTS
if payment has not been made by the due date, then statutory interest is chargeable at the Bank of England base rate of interest plus 8% unless otherwise agreed by Layn Developments in writing.

4. VALUE ADDED TAX
All prices quoted are exclusive of VAT (unless otherwise stated) which will be charged at the rate current at the time of invoice.

5. QUOTATIONS

a) All prices given in quotations to the Client are given on a strictly nett basis and are fixed for a period of 28 days (unless otherwise stated) from the date of quotation. Provisional sums quoted in any quotation are not binding until confirmed and are subject to adjustment once sums have been finalised.

b) Emergency repair works and additional works carried out by Layn Developments as are necessary (including the purchase of any additional materials) will be charged to the Client in addition to any quoted price given by Layn Developments and shall be at Layn Developments’ standard hourly rate for such works.

6. CONSENTS AND APPROVALS
Unless Layn Developments otherwise agrees in writing, the obtaining of all necessary planning consents and approvals for work to be carried out or completed by Layn Developments is and remains the sole responsibility of the Client.

7. TIMING
Any dates given by Layn Developments to the Client for the commencement or completion of work are given for guidance only and are not binding.

8. MEASUREMENTS
In the event that measurements have been supplied by the Client to Layn Developments for the purposes of providing a quotation, then Layn Developments shall have the right to alter its quotation if Layn Developments finds that such measurements are incorrect.

9. SAMPLES
In the event that Layn Developments has provided samples to the Client, then these are samples only showing substance and general character. Equality as to colour, size, thickness or shape of the products supplied pursuant to the samples is not guaranteed, and Layn Developments has no responsibility in the event that goods ultimately supplied do not exactly equate with samples previously supplied.

10. SERVICE TO BE SUPPLIED BY THE CLIENT

a) The Client is responsible for ensuring that there is provision on site for use by Layn Developments a mains electricity supply, a clean water supply and toilet facilities for use by Layn Developments.

b) The Client is responsible for contacting the electricity board and any other provider of services which may be affected by the carrying out of the work and in particular have all redundant power cables checked and made safe at the Client’s expense unless Layn Developments undertakes so to do in writing.

c) The Client shall be responsible for ensuring that there is adequate, proper and safe access for Layn Developments and its employees to the site on which work is to be carried out.

d) The Client shall ensure they have notified the insurers of the property, that works are being carried out to the property by Layn Developments. It is the Client’s responsibility to ensure that they are properly covered by insurance against loss or damage by fire or other risks arising out of the works to be carried out by Layn Developments.

e) It shall be the responsibility of the Client to ensure that appropriate consents are obtained from neighbouring or other t hird parties in the event that work to be carried out by Layn Developments may or will involve entering onto land of neighbours or third parties or in any way interfering with rights of such persons. Any costs, delay claims or losses suffered by Layn Developments as a result of failure to obtain such consents shall be added to the account of the client who shall reimburse Layn Developments for the same.

f) It is the responsibility of the Client to ensure that if other works are required to be carried out during the course of the works to be done by Layn Developments that these are organised by the Client and that as appropriate the Client shall consult with and obtain the agreement and approval of Layn Developments to the carrying out of these works whilst Layn Developments is on site.

g) It is the responsibility of the Client to ensure that redundant items, obstructions, valueable stock or other impediments are removed where necessary prior to works commencing. A charge will be made by Layn Developments for removal and replacement unless such charge is included within the quotation given prior to the works commencing.

h) Materials delivered to the site and received on behalf of Layn Developments should be stored in a safe manner within 5 met res of the point of works or alternatively they are to be transported by the Client when required at the direction of Layn Developments and at no charge or cost to Layn Developments. All forklift / hoisting facilities are the sole responsibility of the Client.

i) It is the responsibility of the Client if they are so aware, to advise Layn Developments that bats are present in any building on site and to consult with the local bat group or English Nature prior to the commencement of the works.

11. LAYN DEVELOPMENTS RESPONSIBILITIES
In the event that scaffolding is required to be erected then Layn Developments shall ensure the scaffolding and ladders are subject to current Construction (Safety, Health & Welfare) Regulations. Construction of the scaffolding must be carried out only by Layn Developments or our nominated contractor, and the Client shall not have access to or allow any third party to have access to scaffolding erected by Layn Developments.

a) Whilst Layn Developments is in the practice of using only materials that comply with the current British Standards specifications, this may not be the case with certain works of repair or reinstatement due to the age or character of the property.

b) Layn Developments shall not be held responsible for any deterioration or damage to materials supplied by the Client.

c) Layn Developments reserves the right to employ sub contractors when necessary.

12. MATERIALS ON SITE

a) Legal title and property in all materials supplied by Layn Developments remain with Layn Developments until paid for in full and until then they may be removed by Layn Developments or its agent at any time. The Client agrees that Layn Developments shall have the right of access (with vehicles) for this purpose. The Client is responsible for securing the materials on site and for en suring that the name of Layn Developments as owners of the materials is shown.

b) All salvage materials including scrap lead, pipework, cabling, slates, ridge tiles and general materials that are removed form site become the property of Layn Developments and will be allowed for in the quotation cost at Layn Developments’ discretion.

c) Layn Developments reserves the right to display sign boards at the Client’s site or premises advertising the name of Layn Developments.

13. HEALTH & SAFETY
It is the Clients responsibility to ensure that the site where Layn Developments and its employees will be working is secure, clear and safe. Whilst on site the Client must comply with any instructions as regards safety which are given by Layn Developments. Layn Developments reserves the right to withdraw its employees if the site or facilities on the site do not conform with current health and safety regulations or if the weather conditions are adverse.

14. DANGEROUS MATERIALS
In the event that during the course of carrying out the works any dangerous materials are discovered by Layn Developments then Layn Developments shall not have any responsibility to deal with the same and may if Layn Developments so decides cancel the contract by giving notice to the client. No responsibility rests with Layn Developments for the removal of any dangerous or hazard ous substances found on site unless Layn Developments otherwise agrees.

15. SITE NOT READY
In the event that Layn Developments is unable to carry out the works due to failure of the Client to ensure that the site is ready for such works, Layn Developments reserves the right to charge such additional costs and expenses as has been incurred by Layn Developments.

16. CLAIMS

a) It is the responsibility of the Client to ensure that the structure of the property on which works are to be carried out is sufficient and strong enough for the works as ordered by the Client and no claim may be made against Layn Developments in the event that this is not so.

b) No claim can be made in any event against Layn Developments by the Client which exceeds the contract price for the work carried out by Layn Developments.

c) Quotations for works do not, unless otherwise specified, allow for repairs to structural elements, fascias, barge boards, soffits, guttering and the like.

d) Layn Developments shall not be liable for any loss or damage caused by non performance of any of its obligations to the Client due to act of God, war, civil disturbance, government actions, strike, lock out or trade dispute, difficulties in obtaining materials, breakdown in machinery, fire or accident or any other cause whatsoever beyond the control of Layn Developments. Should any such event occur Layn Developments reserves the right to cancel or suspend the contract without incurring any liability for any loss or damage thereby occasioned.

e) Layn Developments reserves the right to refuse to execute any work or contract if the arrangements for payment or the Client’s credit are not satisfactory to Layn Developments. Layn Developments also reserves the right to cancel every contract made with the Client or to cancel or suspend or discontinue delivery of goods and materials and / or the execution of work and / or the hire of scaffolding or plant at Layn Developments’ option without prejudice to Layn Developments’ right to recover any loss sustained.

17. DIVISIBILITY
This contract is divisible. Each delivery made hereunder:

a) Shall be deemed to arise from a separate contract, and

b) Shall be invoiced separately and any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein without reference to and notwithstanding any defect or default in the delivery of any other instalment.

Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by Layn Developments to deliver any one or more of the instalments in accordance with these conditions or any claim by the Client in respect of any one or more instalments shall not entitle the Client to treat the contract as a whole as repudiated.

18. BANKRUPTCY
In the event that the Client commits any act of insolvency or has a bankruptcy or winding up order made against them, then Layn Developments reserves the right to cease carrying out the works immediately and may on giving notice to the Client forthwith cancel the Contract without incurring any liability for any loss or damage thereby occasioned.