Terms and Conditions
1. Basis of the Contract
1.1 The Quotation provided by RJ BUILD SERVICES LTD shall remain valid for 30 days. If the Quotation is not accepted within this period, RJ BUILD SERVICES LTD may provide an amended quotation at its sole discretion.
1.2 If the Customer wishes to proceed with the Services as set out within the Quotation, the Customer shall return a corresponding Purchase Order within 30 days. Alternatively, an email addressed to RJ BUILD SERVICES LTD quoting the QU Code and confirming acceptance may be accepted in exceptional circumstances, subject to agreement by the Managing Director of RJ BUILD SERVICES LTD.
1.3 A Quotation shall be deemed accepted on the date RJ BUILD SERVICES LTD receives a corresponding Purchase Order stating an “Effective Date”, at which point a Contract shall come into existence for the Term Contract Duration (“the Contract”).
1.4 The Contract is a Term Contract and will remain in force for the Term Contract Duration from the Effective Date until terminated by either party in accordance with these Terms and Conditions. Further quotations may be provided under the Contract as required.
1.5 The Contract, which includes the Quotation, Purchase Order Number, any Schedules, and these Terms and Conditions (along with any additional quotations issued under the same Term Contract), constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, or representation made or given on behalf of RJ BUILD SERVICES LTD that is not set out in the Quotation or these Terms and Conditions.
1.6 These Terms and Conditions apply to the Contract to the exclusion of any other terms the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing, including any terms that may appear in a purchase order issued by the Customer. These Terms and Conditions supersede any other terms provided by the Customer, whether oral, written, or implied.
1.7 Additional quotations forming part of and referencing the Term Contract shall form part of the Contract once the Customer has approved the quotation in writing and provided a Purchase Order.
2. RJ BUILD SERVICES LTD Obligations
2.1 RJ BUILD SERVICES LTD shall:
2.1.1 Carry out the Services specified in the Contract using reasonable skill and care.
2.1.2 Use reasonable endeavours to meet any reasonable timeframes required by the Customer, wherever practicable. Time shall not be of the essence unless agreed in writing.
2.1.3 Have the right to make any changes to the Services necessary to comply with applicable laws or health and safety requirements, where such change does not materially affect the nature or quality of the Services.
2.1.4 Maintain Public Liability Insurance and Employers’ Liability Insurance as required by law and in line with its business activities.
3. Customer Obligations
3.1 The Customer shall:
3.1.1 Allow RJ BUILD SERVICES LTD access to the Site and property at all reasonable times to complete the Services.
3.1.2 Provide up-to-date information regarding the Site, including but not limited to asbestos certificates, risk assessments, and relevant policies, prior to RJ BUILD SERVICES LTD entering the Site.
3.1.3 Provide a safe working environment at all times and provide access to on-site facilities including utilities, welfare facilities, and secure storage (where required).
3.1.4 Where storage facilities are required for materials, equipment, or other property supplied by RJ BUILD SERVICES LTD (“RJ BUILD SERVICES LTD Materials”), store them securely on Site at the Customer’s risk. The Customer shall not dispose of any RJ BUILD SERVICES LTD Materials without written consent.
3.1.5 Obtain all necessary consents, licences, and permissions required for the provision of the Services prior to commencement.
3.1.6 Ensure the Site is prepared and free from hazards prior to works commencing.
3.1.7 Promptly rectify any issues notified by RJ BUILD SERVICES LTD that affect or may affect delivery of the Services.
3.1.8 Manage and mitigate any business interruptions caused by the Services. The Customer acknowledges RJ BUILD SERVICES LTD has no liability for such interruptions.
3.1.9 Co-operate fully with RJ BUILD SERVICES LTD in all matters relating to the Services.
3.1.10 Maintain adequate insurances, including Public Liability Insurance to cover any damage to its premises, property, and contents, including contractors and third parties working on Site. All materials and equipment supplied by RJ BUILD SERVICES LTD remain its property until payment is received in full.
3.1.11 Purchase any additional equipment or materials required and notify RJ BUILD SERVICES LTD as necessary.
3.1.12 Ensure any Customer-provided equipment is maintained, fit for use, and supported by valid inspection certificates where applicable.
3.1.13 Comply with any reasonable requests made by RJ BUILD SERVICES LTD during performance of the Services.
4. Limitation of Liability
4.1 RJ BUILD SERVICES LTD’s total liability under or in connection with this Contract (whether arising in tort, contract, or otherwise) shall not exceed 200% of the fees paid for the Services in the 12 months preceding the event giving rise to the claim or £50,000, whichever is lower.
4.2 RJ BUILD SERVICES LTD shall not be liable for indirect or consequential losses including (but not limited to) loss of profit, revenue, data, production, contracts, opportunity, savings, goodwill, or business interruption.
4.3 RJ BUILD SERVICES LTD shall not be liable for damage or loss to property or premises unless directly and solely caused by its negligence.
4.4 Nothing in these Terms and Conditions limits liability for death or personal injury caused by negligence, fraud, or any liability which cannot be excluded under English law.
5. Termination by Either Party
5.1 Either party may terminate the Contract with immediate effect by written notice if:
5.1.1 The other party commits a material breach of the Contract and fails to remedy it within 7 days of written notice. ‘Material breach’ includes non-payment, unauthorised alterations to the Site, or unsafe conditions.
5.1.2 The other party becomes insolvent, ceases trading, or enters into administration, liquidation, or bankruptcy proceedings as detailed under the Insolvency Act 1986.
6. Termination by RJ BUILD SERVICES LTD
6.1 RJ BUILD SERVICES LTD may, by written notice:
6.1.1 Suspend or terminate the Contract if the Customer fails to pay any amounts due by the Final Date for Payment. Suspension shall end once all amounts are paid.
6.1.2 Terminate the Contract if the Customer fails to rectify issues affecting service delivery.
6.1.3 Terminate the Contract at its sole discretion by providing reasonable notice.
7. Termination by the Customer
7.1 The Customer may terminate the Contract by giving 3 calendar months’ written notice, which may not expire before the end of the Minimum Term.
7.2 If the Customer terminates before expiry of the Minimum Term, the full contract value for the Minimum Term shall be payable.
8. Consequences of Termination
8.1 On termination, the Customer shall immediately pay all outstanding invoices and any accrued interest. RJ BUILD SERVICES LTD shall also issue an invoice for any completed or partially completed Services, payable immediately.
8.2 The Customer shall promptly return all RJ BUILD SERVICES LTD materials and equipment not paid for in full. If not returned, RJ BUILD SERVICES LTD may enter the Customer’s premises during business hours to retrieve them.
8.3 Rights, obligations, and liabilities accrued prior to termination shall remain enforceable.
9. Duration of the Contract
9.1 Unless otherwise stated, the Contract duration shall be three (3) years.
9.2 After the Initial Term, the Contract will continue on a rolling basis until terminated in accordance with these Terms and Conditions.
10. Fees and Payments
10.1 Fees are as set out in the Quotation(s) and are exclusive of VAT unless otherwise stated.
10.2 Invoices are issued monthly (unless otherwise agreed) and are payable within 30 days of the invoice date.
10.3 Payments must be made in full without deductions, set-offs, or counterclaims.
10.4 RJ BUILD SERVICES LTD may charge interest at 8% per annum above the Bank of England base rate, accruing daily from the Final Date for Payment until payment is received.
10.5 Where payments exceed 30 days overdue, RJ BUILD SERVICES LTD may refer the debt to a collection agency and recover the full contract value (plus costs and legal fees).
10.6 Rates may be increased annually in line with the Retail Price Index.
11. Health and Safety
11.1 Both parties shall comply with all relevant health and safety laws and regulations.
11.2 The Customer shall follow any health and safety advice provided by RJ BUILD SERVICES LTD.
11.3 The Customer shall advise RJ BUILD SERVICES LTD of all hazards and risks present on Site.
11.4 All chemicals used by RJ BUILD SERVICES LTD are assessed under COSHH regulations.
12. Variations and Additional Works
12.1 No variation to the Contract or any Quotation shall be valid unless in writing and signed by both parties.
12.2 Additional works may be provided by agreement via additional quotations under the Term Contract.
12.3 Any Site or process changes impacting service delivery may incur additional costs. RJ BUILD SERVICES LTD will notify the Customer and issue a quotation accordingly.
12.4 RJ BUILD SERVICES LTD is under no obligation to commence additional or varied works until a quotation is formally accepted.
13. Force Majeure
13.1 RJ BUILD SERVICES LTD shall not be liable for delays or failures caused by events beyond its reasonable control, including but not limited to strikes, transport failure, natural disasters, war, government actions, or pandemic.
13.2 If such an event continues for more than three (3) months, RJ BUILD SERVICES LTD may terminate the Contract by written notice.
14. Confidentiality
14.1 Both parties shall keep confidential all proprietary or commercially sensitive information disclosed in connection with the Contract, except where required by law or shared with authorised employees, agents, or advisers on a need-to-know basis.
15. Data Privacy
15.1 Both parties shall comply with UK data protection and privacy legislation. RJ BUILD SERVICES LTD’s Privacy Notice is available upon request.
16. General
16.1 No third party may enforce any term of this Contract under the Contracts (Rights of Third Parties) Act 1999.
16.2 RJ BUILD SERVICES LTD may assign, transfer, or subcontract its rights and obligations at any time. The Customer may not do so without written consent.
16.3 If any provision of this Contract is found to be invalid, the remaining provisions shall remain enforceable.
16.4 No delay or omission in exercising rights shall operate as a waiver.
16.5 Nothing in this Contract creates a partnership or agency relationship between the parties.
17. Notices
17.1 Notices shall be in writing and delivered personally, by first-class or recorded post, or by email.
To RJ BUILD SERVICES LTD: info@rjbuild.co.uk
To the Customer: an email address used for general correspondence.
Email notices must be followed by written confirmation by post.
17.2 Legal notices must be sent by recorded delivery.
17.3 Notices are deemed received:
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By first-class post: 3 business days after posting
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By recorded delivery: on signature of receipt
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By hand: on delivery
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By email: on the date of acknowledged transmission
18. Disputes
18.1 If a dispute arises, senior representatives of each party shall attempt to resolve it within 14 days.
18.2 If unresolved, the parties may agree to mediation under the Centre for Effective Dispute Resolution (CEDR) Model Adjudication Procedure.
19. Governing Law and Jurisdiction
19.1 This Contract and any dispute arising from it shall be governed by the laws of England and Wales.
19.2 The parties agree that the courts of England and Wales shall have exclusive jurisdiction.