Terms and Conditions
These Terms and Conditions (the “Agreement”) govern the provision of residential construction and design services by Elegant Haven LTD (Trade name: TRUSTED CONSTRUCTION & DESIGN) (“Contractor”) to the client specified in the relevant service agreement (“Client”). By engaging the Contractor’s services, the Client agrees to be bound by these Terms and Conditions.
1. Services Provided
The Contractor agrees to provide residential construction services as detailed in the specific service agreement or email correspondence. Any additional services will be provided only as mutually agreed in writing.
2. Term of Agreement
This Agreement takes effect upon receipt of the initial commitment payment (deposit), regardless of the date of any signature or email correspondence. It remains in effect until completion of services, unless terminated earlier as provided herein. Extensions require written consent from both parties.
3. Payment Terms
- Total fees will be specified in the service agreement or email.
• A 30% deposit is payable upon execution unless otherwise specified.
• Remaining payments follow the schedule outlined in the agreement.
• Invoices are due as specified in the agreement or email.
4. Reimbursement of Expenses
The Contractor will be reimbursed for reasonable and necessary expenses directly related to the services, as specified. Pre-approval is not required.
5. Protection of Personal Property
While reasonable care will be taken, the Contractor is not liable for accidental damage to items that are not removed or protected by the Client prior to the start of work.
6. Intellectual Property and Trade Secrets
All intellectual property developed belongs to the Client. The Contractor agrees to maintain confidentiality of any proprietary information.
7. Return of Property
Upon termination, the Contractor will return any Client-owned materials, records, or information.
8. Capacity/Independent Contractor
The Contractor is an independent contractor and not an employee. No partnership or joint venture is created.
9. Right of Substitution
The Contractor may use subcontractors and remains fully responsible for their compensation and conduct.
10. Autonomy and Equipment
The Contractor maintains control over work methods and supplies all necessary tools at their own cost.
11. Duration of Services
Estimated timelines are stated in the agreement or email and are not strict deadlines. Reasonable efforts will be made to meet timelines.
12. Materials and Labour Costs
Unless specified, quoted prices cover only labour. Clients typically supply materials, which are excluded from quotes unless agreed otherwise.
13. Rubbish Removal
Unless explicitly included, rubbish removal is not part of the service and will be separately billed if requested.
14. No Exclusivity
This Agreement is non-exclusive. Either party may engage other parties for similar services.
15. Notices
All required notices must be in writing and sent to the addresses in the agreement or email.
16. Indemnification
Each party will indemnify the other against claims or damages arising from actions under this Agreement.
17. Authorization for Use of Images and Videos
Client authorizes the Contractor to use project images for marketing. Consent can be withdrawn in writing for specific materials.
18. Modification of Agreement
Modifications must be in writing and signed by both parties.
19. Governing Law
This Agreement is governed by the laws of England.
20. Severability
Invalid provisions do not affect the validity of the remainder of the Agreement.
21. Waiver
Failure to enforce any part of the Agreement does not waive future enforcement.
22. Entire Agreement
This document is the complete agreement between the parties and supersedes prior agreements.
23. Inspection and Acceptance
Client must inspect work within 7 days of completion. Lack of notice is deemed acceptance. The final invoice is payable on the day of practical completion, unless otherwise agreed in writing.
24. Permits and Approvals
The Client is responsible for obtaining required permits unless otherwise agreed. The Contractor may assist if agreed.
25. Client-Supplied Materials
The Contractor is not responsible for issues with Client-supplied materials. Materials must meet required specifications. The Contractor can assist with measurements and product advice if requested. However, unless the Contractor supplies the materials directly, it accepts no liability for delays, compatibility, or defects.
26. Change Orders
Changes must be documented in a written change order agreed by both parties.
27. Subcontracting
The Contractor may subcontract services without prior written consent, ensuring subcontractors are bound to similar terms.
28. Insurance
The Contractor maintains appropriate insurance, including public liability. Proof is available on request.
29. Client Responsibilities
Client agrees to:
• Provide work site access.
• Obtain necessary permits.
• Provide timely decisions and approvals.
30. Health and Safety
The Contractor complies with health and safety laws. Client must ensure a safe work environment and disclose any hazards.
31. Limitation of Liability
Except in cases of gross negligence or willful misconduct, the Contractor’s total liability to the Client for any claims, damages, or losses arising out of or in connection with this Agreement shall not exceed the total amount actually paid by the Client for the services under this Agreement.
The Contractor shall not be liable for any indirect, incidental, special, or consequential losses, including loss of profits, loss of enjoyment, or delays, even if the possibility of such losses was known.
32. Force Majeure
Contractor is not liable for delays due to uncontrollable events including natural disasters, strikes, or power failures.
33. Dispute Resolution
Disputes will first be negotiated between senior representatives. If unresolved, mediation will be attempted before legal remedies.
34. Late Payments
If payment is not received within the agreed timeframe, the Contractor reserves the right to charge statutory interest (currently 8% plus the Bank of England base rate) and reasonable debt recovery costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
35. Feedback Restriction
The Client agrees not to publish or post any reviews, feedback, or testimonials (online or offline) regarding the Contractor’s services until the project is marked as completed and full payment has been received.
36. Access and Parking
Any costs related to access restrictions, congestion charges, parking, or permits required for work vehicles are the responsibility of the Client, unless otherwise agreed.
37. Additional Charges for Unforeseen Work
Unforeseen Work refers to repairs or modifications not visible or known at contract signing or evaluation. The Contractor will notify the Client and provide a cost estimate. Due to the nature of residential construction, the Contractor may proceed with such unforeseen work without prior written approval to prevent further damage or delay. Additional charges will be invoiced accordingly.
38. Working Hours
Work will be carried out during standard weekday working hours (e.g., 8am–5pm). If restricted hours apply (e.g., in leasehold flats or council zones), the Client must inform the Contractor in advance.
39. Snagging and Warranty
A 14-day snagging period will apply after practical completion. During this period, the Client may notify the Contractor in writing of minor defects. The Contractor will make reasonable efforts to remedy these within 21 days. After the snagging period and practical completion, the Contractor provides a 2-year workmanship warranty, which includes up to two on-site re-visits if needed.
40. Client Acceptance
By paying the required deposit, the Client acknowledges and agrees to be bound by these Terms and Conditions in full. No separate signature or further agreement is required for these Terms to take effect upon payment.