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Terms and Conditions

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Absolutely Fabulous Ltd – Terms & Conditions

1. PERIOD OF ACCEPTANCE

The quotation is open for acceptance within three months from the date thereof and is subject to Absolutely Fabulous Ltd, receiving reasonable notice to commence work within one month after receipt of such acceptance and having labour and materials available at the date of commencement requested by the customer. No work will be carried out until we are in receipt of a signed acceptance of our official estimate.

2. FLUCTUATIONS

Unless otherwise stated in the quotation, the contract price is fixed for 12 months and based on the cost of materials, equipment hiring of equipment labour and other emoluments and expenses and transport ruling at the date of quotation. Increases or decreases in the cost of executing the work which is consequent upon any change in any of such costs or upon any change in or imposition of any new Government taxes, levies, statutes or contributions payable by Absolutely Fabulous Ltd. In the respect of employees engaged upon or in connection with the work shall be a net addition or deduction from the contract price, in addition, after 12 months the contract price will be increased annually at the RPI application anniversary date.

3. WORKING HOURS

Unless otherwise stated in the quotation the contract price allows for the work to be executed during the normal working hours of Absolutely Fabulous Ltd from time to time. If overtime is caused (other than a default of Absolutely Fabulous Ltd) to be worked, the cost of Absolutely Fabulous Ltd in respect of such overtime plus a reasonable proportion of overheads shall be chargeable and payable by the customer as an addition to the contract price. The customer shall make available to Absolutely Fabulous Ltd at the end of the works, an authorised person to sign that the works have been carried out to the customer’s satisfaction.

4. CLEANING

Unless otherwise stated in the quotation cleaning means removal of surface dirt and grease and not removal of any coating paint, surface treatment, exfoliation, efflorescence, or deep-seated staining from the surfaces to be cleaned. No liability will be accepted by Absolutely Fabulous Ltd for any damage, defects or deep-seated staining exposed by the cleaning process. After cleaning, the surface areas will be commensurate with age and condition.

5. WATER, GREASE AND DUST

No liability will be accepted by Absolutely Fabulous Ltd to the customer or any other person for the loss of or damage to any item or property, to injury or death of any person or any loss of any person caused by, arising out of or resulting form the escape, penetration or generations of water, grease or dust, after Absolutely Fabulous Ltd has taken reasonable precautions, to restrict the same and the customer shall indemnify Absolutely Fabulous Ltd against claims by third parties in respect of any such loss, damage, injury or death.

6. FOODSTUFFS AND FITTINGS

Absolutely Fabulous Ltd requires that the customer prior to the commencement of the work removes all foodstuffs and fittings and may remove at customer’s expense any of them not so removed. The repair and re-fixing of any fixtures shall be the responsibility of the customer. Unless otherwise stated in quotation Absolutely Fabulous Ltd shall not be responsible for any damage done to any fixture or fitting and the customer shall indemnify Absolutely Fabulous Ltd against any claims by third parties in respect of any such damage.

7. PLANT AND MACHINERY

No liability will be accepted by Absolutely Fabulous Ltd for any loss or damage to any persons property, to injury or death of any person, or any loss to any person caused by arising out of the use of or interference with plant, machinery or means of access by persons other than employees of Absolutely Fabulous Ltd and the customer shall indemnify Absolutely Fabulous Ltd against any claims by third parties in respect of any such loss, damage, injury or death.

8. DELAYS

(a) Any loss incurred by Absolutely Fabulous Ltd, including losses in respect of wages and appropriate overhead, travelling expenses and plant hire attributable to delays in the work beyond the direct control of Absolutely Fabulous Ltd shall be chargeable and payable to the customer in addition to the contract price. It shall be a condition precedent to any liability for any delay alleged to be due to the default of Absolutely Fabulous Ltd within seven days of the delay commencing.
(b) Where the Absolutely Fabulous Ltd crew arrive on site at a pre-arranged time and date and are denied access for whatever reason, then a charge equal to 50% of the invoice value shall be payable by the customer in addition to the actual invoice for the works which will be raised on the eventual completion of the works.

9. ACCESS

(a) Unless otherwise stated in the quotation the customer shall provide means of access to the work in conformity with all statures and regulations relating thereto and requirements of Absolutely Fabulous Ltd free of charge and so as enable Absolutely Fabulous Ltd to execute the work in one continuous operation.
(b) Where it is stated in the quotation that Absolutely Fabulous Ltd will provide means of access to the work, no liability will be accepted by Absolutely Fabulous Ltd for any damage done to roofs, glass internal or external cladding during the course of erecting using or dismantling such means of access and the customer shall indemnify Absolutely Fabulous Ltd against claims by third parties in respect of such damage.
(c) Where access is being provided by the customer and any scaffolding, platform or cradle will encroach on or be suspended over a highway, the customer shall obtain and produce to Absolutely Fabulous Ltd the requisite consent of the highway authority before Absolutely Fabulous Ltd commence work.
(d) Absolutely Fabulous Ltd must be allowed, free of charge, access within the building when required for executing work.

10. SERVICES

The customer shall make available to Absolutely Fabulous Ltd free of charge, an adequate electricity supply from convenient points, suitable vehicle access to and from the place of work within the site, loading and unloading, storage facilities, convenient facilities for connecting any hoses and supply of hot and cold water.

11. VARIATIONS

No variations of the quotation or contract shall be binding on Absolutely Fabulous Ltd unless confirmed in writing by it. All additional work will be the subject of a separate contract unless Absolutely Fabulous Ltd and the customer agree in writing before such additional work is started:
(a) that such additional work shall be executed under this contract and
(b) the amount of rates for calculating the amount by which the contract price is to be increase, in respect of such additional work

12. TEAMS AND PAYMENTS

All sums due to Absolutely Fabulous Ltd are due on completion of the work. In the case of work for which the contract period extends for more than one month, interim accounts may be rendered by Absolutely Fabulous Ltd at its discretion. Payment of all approved account work is due within 28 days from the date of issue. In the event of any failure by the customer to do so, Absolutely Fabulous Ltd, after giving seven days notice to the customer may suspend or discontinue the work and remove any equipment and materials but without prejudice though any other rights or remedy. Absolutely Fabulous Ltd reserves the right to charge interest on all overdue accounts at 2.5% over the base rate from time to time of National Westminster Bank PLC Per Annum.

13. VALUE ADDED TAX

Unless stated otherwise, prices and rates shown in Absolutely Fabulous Ltd literature, correspondence, quotation, contract, invoices and certificates are exclusive of Value Added Tax. Value Added Tax will be payable to Absolutely Fabulous Ltd as an addition to such tax-exclusive prices and rates, at the rate of rates prevailing from time to time and Absolutely Fabulous Ltd shall be entitled to adjust the rate amount of Value Added Tax. Retrospectively or otherwise to comply with any rulings made by H.M. Customs and Excise affecting any goods or services sold hired or provided by Absolutely Fabulous Ltd.

14. SITE FACILITIES

The customer will provide without charge to Absolutely Fabulous Ltd all facilities required for Absolutely Fabulous Ltd Employees under the construction (Health and Welfare): regulation 1996 and the Health and Safety at Work Act 1974 as amended or any statuary modification or replacement thereof for the time being in force.

15. CUSTOMER’S CONDITIONS

The commencement of the work shall operate as an acceptance by customer of these conditions, which shall apply to the exclusion of all these terms and conditions whatever. No variation of or addition to these conditions shall be affective, whether or not specified in any order of acceptance issued by the customer, unless Absolutely Fabulous Ltd agrees to it in writing. Absolutely Fabulous Ltd will be entitled to vary or withdraw the quotation in the event of the customers issuing an order or acceptance subject to other terms or conditions.

16. DEFECTS/COMPLAINTS

Any item included in the quotation, which fails to meet the customers expectation shall be investigated. If proven, will be rectified within 21 days of the receipt in writing of any defect. The customer shall be entitled to withhold 20% of the invoice value until such defect is rectified. Absolutely Fabulous Ltd will not be held liable for any complaint received more than 30 days after the work being completed.

17. INSURANCES

All our employees are covered by our Employers & Public liabilities Insurance, a copy which can be seen on request.

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