StoneTex – Terms & Conditions
1. PERIOD OF ACCEPTANCE
The quotation is open for acceptance within three months from the date thereof and is subject to StoneTex, 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.
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 StoneTex. 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 StoneTex from time to time. If overtime is caused (other than a default of StoneTex) to be worked, the cost of StoneTex 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 StoneTex at the end of the works, an authorised person to sign that the works have been carried out to the customer’s satisfaction.
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 StoneTex 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 StoneTex 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 StoneTex has taken reasonable precautions, to restrict the same and the customer shall indemnify StoneTex against claims by third parties in respect of any such loss, damage, injury or death.
6. FOODSTUFFS AND FITTINGS
StoneTex 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 StoneTex shall not be responsible for any damage done to any fixture or fitting and the customer shall indemnify StoneTex against any claims by third parties in respect of any such damage.
7. PLANT AND MACHINERY
No liability will be accepted by StoneTex 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 StoneTex and the customer shall indemnify StoneTex against any claims by third parties in respect of any such loss, damage, injury or death.
(a) Any loss incurred by StoneTex, including losses in respect of wages and appropriate overhead, traveling expenses and plant hire attributable to delays in the work beyond the direct control of StoneTex 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 StoneTex within seven days of the delay commencing.
(b) Where the StoneTex 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.
(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 StoneTex free of charge and so as enable StoneTex to execute the work in one continuous operation.
(b) Where it is stated in the quotation that StoneTex will provide means of access to the work, no liability will be accepted by StoneTex 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 StoneTex 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 StoneTex the requisite consent of the highway authority before StoneTex commence work.
(d) StoneTex must be allowed, free of charge, access within the building when required for executing work.
The customer shall make available to StoneTex 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.
No variations of the quotation or contract shall be binding on StoneTex unless confirmed in writing by it. All additional work will be the subject of a separate contract unless StoneTex 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. TERMS AND PAYMENTS
All sums due to StoneTex 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 StoneTex 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, StoneTex, 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. StoneTex reserves the right to charge interest on all overdue accounts at 2.5% over the base rate from time to time of Bank of Ireland Per Annum.
StoneTex require the following deposits on all Commercial and Domestic work undertaken this must be paid before commencement of work.
Under £1000.00 a 25% Deposit is required
Over £1000.00 a 50% Deposit is required
Failure to do so may result in StoneTex postponing or cancelling the scheduled work.
N.B This excludes any pre-planned or existing maintenance clients and maintenance contracts.
13. VALUE ADDED TAX
Unless stated otherwise, prices and rates shown in StoneTex literature, correspondence, quotation, contract, invoices and certificates are exclusive of Value Added Tax. Value Added Tax will be payable to StoneTex as an addition to such tax-exclusive prices and rates, at the rate of rates prevailing from time to time and StoneTex shall be entitled to adjust the rate amount of Value Added Tax. Retrospectively or otherwise to comply with any rulings made by the Revenue Commissioners affecting any goods or services sold hired or provided by StoneTex.
14. SITE FACILITIES
The customer will provide without charge to StoneTex all facilities required for StoneTex Employees under The General Application Regulations 2007 are made under the Safety, Health and Welfare at Work Act 2005 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 effective, whether or not specified in any order of acceptance issued by the customer, unless StoneTex agrees to it in writing. StoneTex will be entitled to a vary or withdraw the quotation in the event of the customers issuing an order or acceptance subject to other terms or conditions.
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. StoneTex will not be held liable for any complaint received more than 30 days after the work being completed.
All our employees are covered by our Employers & Public liabilities Insurance, a copy which can be seen on request.