The following terms of business apply to all contracts between Masoncraft Brickwork & Patio Specialists and the contractor/client. Acceptance of this proposal and commencement of the project will be taken as acceptance of the following terms of business, unless otherwise agreed in writing before commencement of the project. This does not include any wording or terms set out in any subcontract or purchase orders from the client and these terms will supersede all other terms and prevail in the event of any disputes.

1. Fees and invoicing

All fees payable to Masoncraft Brickwork & Patio Specialists will be invoiced depending on the mutually agreed payment terms which must be agreed by all parties and in writing prior to the commencement of any works and/or the procurement of any associated materials.

Payment terms unless negotiated and agreed by both parties: NET 7

a. If additional work, not covered by our quotation, is requested by the client, a further quotation with the same following terms will be submitted and the additional work will not be started until the client has accepted. Masoncraft Brickwork & Patio Specialists shall not be liable for the costs and time incurred if delayed acceptance delays or interrupts the regular progress of the original works.

b. Minor defects or matters arising requiring rectification which are not covered by any guarantee shall not be considered as reasons for non-payment of any balances due.

c. Under the Late Payment of Commercial Debts (Interest) Act 1998, Masoncraft Brickwork & Patio Specialists reserves the right to charge interest and compensation at the current statuary rate on any balances outstanding after the invoice due date and until the debt is settled in full.

d. All materials delivered to the site will remain the property of Masoncraft Brickwork & Patio Specialists until the client has paid for the works in full. If the client defaults in respect of any obligations to make payments under the contract, Masoncraft Brickwork & Patio Specialists may enter the site and repossess and remove the materials until such time as all sums due have been paid in full, even if the materials have been installed, connected or incorporated in the works, in which case Masoncraft Brickwork & Patio Specialists may uninstall, disconnect and remove the same.

2. Confirmation, Cancellation and Termination

a. Masoncraft Brickwork & Patio Specialists require written quotes to be accepted before starting any and all projects, orders must clearly state the scope of the works and the associated costs to be accepted.

b. If the project is cancelled by the client at any time during the project, the client will be liable to Masoncraft Brickwork & Patio Specialists for any, and all direct and indirect expenses and costs incurred by Masoncraft Brickwork & Patio Specialists, any loss of earnings or any other loss whatsoever.

c. Once the client and Masoncraft Brickwork and Patio Specialists have entered into a contract, a written request to cancel any works must be made by the client and accepted by Masoncraft Brickwork & Patio Specialists no later than 2 weeks before the project is due to commence. The client will be liable for any and all direct and indirect costs incurred by Masoncraft Brickwork and Patio Specialists.

d. Either party may terminate this agreement at any time by written notice to the other if the other goes into liquidation, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed over all or part of its business.

e. Any fees quoted are estimated according to the specific project requirements. If the timescales, project objectives or requirements, or the assumptions on which the quote is based change in any way, Masoncraft Brickwork & Patio Specialists reserves the right to review the agreed fee and charge for:

i) any additional work that has resulted from the said changes, Masoncraft Brickwork & Patio Specialists shall not be liable for the costs incurred if delayed acceptance delays or interrupts the regular progress of the original works.

ii) any variance in cost that has resulted in items being omitted from the scope of works that may have subsidised other items within the works package. (Please see item 5 of these terms and conditions).

iii) damage caused by other traders outside of our control, we shall hold the client liable for the cost of any repair or replacement.

f. Any dates of commencement and completion of works are offered in good faith and are based on the position at the date of order. These are not guaranteed and could be subject to delays because of strikes, weather, accidents, government direction, mechanical breakdowns, unavailability of materials and parts, or other causes beyond the company’s control. Masoncraft Brickwork & Patio Specialists will make all reasonable endeavours to start and complete work by the dates given.

3. Guarantees

a. Right To Return and Free Correction Guarantee

In the event that any corrections are needed during ongoing work or after completion, and no other independent factors have contributed to the need for these corrections to be made such as incorrect working plans, it is agreed upon acceptance that Masoncraft Brickwork & Patio Specialists are to be given the opportunity to make these corrections. All necessary corrections will be carried out free of charge including cost of materials. If the contractor/client makes provisions to carry out these corrections independently of Masoncraft Brickwork & Patio Specialists, the Right To Return and Free Correction Guarantee is no longer applicable.

4. Working With or Without Architect-Drawn Plans

a. Applicable if supplied with architect-drawn working plans

Working plans must contain all the relevant information and specifications needed to carry out work efficiently and effectively with any modifications brought to the attention of Masoncraft Brickwork & Patio Specialists prior to the commencement of the project. If the contractor/client-supplied working plans are open to interpretation, lack important information or contain any errors which lead to work being installed incorrectly, it is agreed upon acceptance that Masoncraft Brickwork & Patio Specialists will be recompensed for any additional cost required to make these corrections unless alternative terms are negotiated and agreed by both parties.

b. Applicable if work is started following on from another contractor:

The price quoted is under the assumption that all footings/walls are installed level (if installed by another contractor) without the need to lay altered masonry (Stihl saw cut blocks/bricks) or the need for abnormally large bed joints to achieve a level base to build off. If any necessary corrections or alterations are required, this will result in additional cost to the contractor/client unless alternative terms are negotiated and agreed by both parties.

c. Applicable without the supply of architect-drawn working plans

If Masoncraft Brickwork & Patio Specialists are working without architect-drawn plans, the design and specifications of the contractor/client will be agreed at a site meeting prior to commencement of work. The additional cost of any design change, including labour and materials, after the acceptance of the quote, will be met by the contractor/client unless alternative terms are negotiated and agreed by both parties.