1. We (Forest Joinery Ltd) undertake to provide to you (the Client ) the Scope of Works as set out in the Appendix attached (“the Scope of Works”), in accordance with the terms and conditions set out herein (“the Small Works Conditions of Contract”).
2. We shall exercise reasonable skill, care and diligence in the performance of all designs and workmanship of constructed work. All supplied goods will be of satisfactory quality and in accordance with the relevant British Standard. No warranty is provided or implied in respect of the fitness for purpose of any part or element of the Scope of Works and liability in this respect is excluded to the fullest extent permissible by law.
3. Notwithstanding anything to the contrary contained in these Small Works Conditions of Contract our total liability under or in connection with this Contract whether in contract, tort, negligence, breach of statutory duty or otherwise (other than in respect of personal injury or death or where such limitation is prohibited by law) shall not exceed the value of the Scope of Works plus agreed Variations. Neither party shall be liable to the other for consequential or indirect loss.
4. No action or proceedings under or in connection with this Contract whether in contract, tort, negligence, breach of statutory duty or otherwise shall be commenced against us after a period of six years from completion of the Scope of Works or such earlier date as may be prescribed by law.
5. The Due date for payment shall be on receipt of invoice. The date of receipt will be deemed to be 2 working days following dispatch of the invoice by us to you. The Final date for payment shall be 28 days thereafter. Interest shall be added to all late payments and shall be calculated in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
6. The terms and conditions incorporated in these Small Works Conditions of Contract and attachments thereto (if any), comprise the entire agreement between us. This Contract shall be governed, construed and enforced in accordance with the laws of England and Wales
7. Any notice to be served under this Contract shall be served by sending the same by registered post to the registered office of the other party. Notices shall take effect when they have been received by the other party subject always to proof of delivery.
8. You will remove at no cost to ourselves all protective tapes, covering, protection and temporary fittings from the installed goods supplied by us. The removal of these protective materials will be confirmed, in writing by us upon your request.
9. You warrant the suitability of the substrate, background and/or structure for us to fix, attach, or locate our works to. You will keep the areas to which our work will be installed attached or fixed dry and dust free.
10. Save in respect of death or personal injury you shall only look to us (and not to any employee of Forest Joinery Limited) for redress if you consider that there has been any breach of Contract. You agree not to pursue any claims in contract, tort or statute (including but not limited to negligence) against any of our employees (whether named or otherwise) as a result of them carrying out their obligations and duties under or in connection with this Contract.
11. Notwithstanding any provision to the contrary in this Contract no person or entity shall have any rights in relation to this Contract whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise save the parties to this Contract.
12. We reserve the right to terminate this Contract at any time and for any reason subject to 7 days notice in writing. Upon termination you shall reimburse us for all costs and expenses reasonably incurred up to and including the date of termination including any outstanding and unpaid invoices within 28 days from the date of termination.
13. Either party may refer any dispute arising under this Contract to adjudication in accordance with The Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (England) Regulations 2011 (SI 2011/2333) modified such that the RICS will nominate the adjudicator for the dispute and the adjudicator will be required to give his decision in writing supported with reasons.
Forest Joinery Ltd Unit 47
Bellbrook Industrial Estate Uckfield
East Sussex T
Company No. 03104577