Terms and Conditions
Relationship between the parties
1.1 The Customer engages We Are Ram Construction Ltd (the Contractor) to provide the services specified in these terms and conditions.
1.2 Neither party shall assign or transfer any of their rights, liabilities or obligations arising under this agreement without the prior written consent of the other party.
The works will be undertaken under a JCT Minor Works Building Contract NW2005, incorporating the following:
2.1 We Are Ram Construction Ltd shall provide to the Customer an estimate for the work that they have been instructed to complete on behalf of the Customer.
2.2 It is the responsibility of the Customer to ensure that the work described in the estimate, is the work that they anticipate the Contractor to complete.
2.3 The Estimate shall be attached to these terms and conditions as a schedule and where a contract is entered into between We Are Ram Construction Ltd and the Customer, the Customer will be deemed to have accepted the content of the Estimate in full. The Customer’s signature shall signal their agreement to the works detailed in the estimate.
2.4 The Contractor shall require a signed acceptance of these Terms and Conditions before issuing a start date for the work.
2.5 The Contractor is always happy to discuss the estimate, please feel free to ask questions to make sure that the estimate is a fair reflection of the work you, the Customer, anticipate being completed.
3.1 Deposits. The Contractor may request a financial deposit from the customer before commencing the works. Any deposit received by the Contractor shall be repayable to the Customer should the works not commence due to the Contractor’s own reasons.
3.2 Interim Payments. The Contractor may request reasonable interim payments during the course of the works to cover his reasonable on-going costs in respect of labour and materials. Any interim payment invoice issued to the Customer shall be payable within 14 days of receipt. The Contractor reserves the right to suspend work until payment is received.
3.3 Final Payments. Final payments shall be payable within 14 days of completion for a domestic customer and 28 days for a commercial customer. Any late payments shall be subject to a 5% +VAT charge on any outstanding amount.
3.4 Architects, Surveyors. If the Contractor needs to liaise with Architects, Surveyors or Engineers for any alterations to the agreed works, or any additional surveying works are required, after Contracts have been agreed, there will be a charge of £60 per hour.
3.5 Interest. All interest shall be calculated by the addition of 2% to the current Bank of England Base Rate and shall be accrued daily and invoiced monthly. Unpaid accounts will be forwarded to solicitors or collection agencies for collection through the legal system.
3.6 Legal Fees. If any solicitors or other legal action is required to collect outstanding payment, their fees incurred will be payable by the Customer.
3.7 Extra works. Extra works carried out without an agreement of cost upfront will be subject to 20% uplift added to any sub-contractors and materials costs. Non-skilled tradesman will be charged at £28 per hour and skilled tradesman will be charged at £41 per hour.
4.1 We Are Ram Construction will provide to the Customer, in addition to any statutory rights which the Customer may have, a guarantee that the services provided under the contract shall be free from defective or flawed materials or workmanship for a period of 10 years from the completion of the services, notwithstanding that the guarantee shall not apply to:
- a) Defects or flaws which are, as a result, of any misuse, failure to adequately and properly maintain, neglect or failure to follow instructions or recommendations on the part of the Customer.
- b) Any defect or flaw that is caused by mechanical or chemical damage (which is not in itself a result of some defect in the workmanship or materials) and which arises after risk in the property has passed to the Customer.
- c) Any element of wear and tear or insured peril.
4.2 Any tampering with the contractors work of any sort by any person, qualified or not, at any time before, during or after the work will invalidate the guarantee.
4.3 We Are Ram Construction Ltd, at their sole discretion, shall determine the manner in which they will satisfy the guarantee, whether by repairing, re-performing or replacing the services.
4.4 Where the Customer considers that the services are defective upon delivery or performance then he/she shall notify We Are Ram Construction Ltd of this within 30 days, failing which he shall not be entitled to claim the benefit of the guarantee.
4.5 The guarantee shall not be provided or become effective until the Customer has paid We Are Ram Construction Ltd in full, failing which, the Customer shall not be entitled to claim the benefit of the guarantee.
4.6 The Customer agrees to allow the Contractor access to the work to inspect any reported guarantee issue during normal working hours or at any other time by prior arrangement.
4.7 The Customer agrees to pay the Contractor a deposit of £100 to instigate a guarantee investigation, should the Contractor request it. Should a genuine guarantee issue be discovered, the deposit would be refunded in full immediately.
5.1 The customer shall be responsible for:
- a) Permitting access to the property or location in which the services are to be supplied (“the Site”) and assuring that such access is appropriate and adequate.
- b) Where the Site is indoors, ensuring that there is adequate ventilation.
- c) Providing for We Are Ram Construction Ltd such facilities as may be necessary, such as sufficient heat, power and water, for the works to be conducted in a safe and professional manner.
- d) Provide Welfare facilities unless specified.
5.2 The Customer also agrees to indemnify the Contractor against any costs arising from the reasonable supply of these services, including any unexpected failure of same.
5.3 Where We Are Ram Construction Ltd stores or keeps any materials or equipment on Site, the Customer shall be responsible for the security and safety of such and shall account to We Are Ram Construction Ltd for any loss or damage.
6.1 We Are Ram Construction Ltd shall take all reasonable care with the Customer’s property, including taking reasonable steps to protect the Customer’s furnishings, fittings, wall, ceiling and floor coverings during the provision of the services.
6.2 We Are Ram Construction Ltd shall be responsible for managing and arranging the safe and lawful disposal of any waste materials which are generated or removed from the Customer’s property as a result of the provision of the services.
6.3 We Are Ram Construction Ltd shall at all times hold valid employer and public liability insurance policies.
6.4 All materials remain the property of the Contractor until all work is paid for in full. The Contractor reserves the legal right to remove their work in lieu of late or failed payment.
7.1 Cancellation In accordance with the Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc. Regulations (2008) the Customer may cancel this contract within 7 Calendar days of signing this agreement and shall be entitled to a full refund of any monies paid to We Are Ram Construction Ltd, less an amount representing any reasonable administration costs which We Are Ram Construction Ltd has incurred. Any cancellation outside this period will not entitle the Customer to a refund of any monies paid.
7.2 If any works which form part of the agreed contract are retracted or withdrawn after the contract has been agreed, the Customer shall be liable for a 20% fee of the withdrawn works.
8.1 The Contractor reserves the right to display suitable site identity and safety signage.
8.2 The Contractor requests the privilege of displaying a reasonably sized sign to advertise his services during the works. The Customer may revoke this privilege at their discretion.
8.3 Any payments/discounts made to the Customer for ongoing advertising signage (after the works are complete) will be paid for annually in arrears and will be agreed separately in writing.
9.1 Referral incentives are available to existing Customers only, who refer new customers to the Contractor.
9.2 Any referral incentive will be paid to the referrer on receipt of the new customer’s deposit.
9.3 All referrals will earn the referrer 1% of the net works total as listed on the acceptance form subject to a value of £5000 or more.