Website T&C’s & Trading Terms
Website Terms and Conditions
These terms and conditions are the contract between you and Solent Builders Ltd. (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them. They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.
We are Solent Builders Ltd: A company registered in England, number 5179981. Our registered office address is Solent Builders, Unit 2 Hammond Industrial Estate, Stubbington Lane, Fareham, Hampshire PO14 2PT
You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
These are the agreed terms
Content – means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations.
Intellectual Property – means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
Our Website – means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us.
Services – means the service provided from Our Website.
You agree that at all times you will:
2.1 not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it. 3.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
2.2 notify us of any suspected infringement of the Intellectual Property;
2.3 so far as concerns our work provided or made accessible by us to you, you will not:
2.3.1 copy, or make any change to any part of its code;
2.3.2 use it in any way not anticipated by this agreement;
2.3.3 give access to it to any other person than you, the licensee in this agreement;
2.3.4 in any way provide any information about it to any other person or generally.
2.4 not use the Intellectual Property except directly as intended by this agreement or in our interest.
Disclaimers and limitation of liability
3.1 The law differs from one country to another. This paragraph applies so far as the applicable law allows.
3.2 All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
3.3 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
3.4 Our Website contains links to other internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying services or goods via such a website.
3.5 The Solent Builders Website and Solent Builders Services are provided “as is”. We make no representation or warranty that Our Website will be: 3.5.1 useful to you;
3.5.2 of satisfactory quality;
3.5.3 fit for a particular purpose;
3.5.4 available or accessible, without interruption, or without error.
3.6 We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
3.7 We accept no responsibility for third party advertisements which are posted on Our Website or through the Services;
3.8 We shall not be liable to you for any loss or expense which is: 3.8.1 indirect or consequential loss; or
3.8.2 economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
3.9 This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999 as well as to ourselves.
4.1 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
4.2 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
4.3 Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
4.4 The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.
Solent Builders TERMS AND CONDITIONS
These Terms and Conditions are the standard terms which apply to the provision of building services by Solent Builders Ltd (“the Trader”) to customers who require building services to be provided at their home.
These Terms and Conditions apply where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.
Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
||means the times which You and We agree for the Builder to have access to the Property to complete the Job [as specified in the Agreement];
||means the contract into which You and We will enter if You accept the Quotation. The Agreement will incorporate, and be subject to, these Terms and Conditions[. Our standard form of Agreement is attached as Schedule 1];
||means Us or Our employee who will be responsible for providing the Building Services;
||means the building services We will provide as specified in the Agreement;
||means any business, trade, craft or profession carried on by You or any other person/organisation;
||means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Trader who receives Building Services for their personal use and for purposes wholly or mainly outside the purposes of any Business;
||means the deposit You will be required to pay in accordance with Clause 5;
||means the total of all sums You must pay which will be shown on the invoice issued in accordance with Clause 6 of these Terms and Conditions.
||means the complete performance of the Building Services;
|“Model Cancellation Form”
||means the model cancellation form attached as Schedule 2;
||means Your initial request for Us to provide the Building Services as set out in Clause 4;
||means the products required for the provision of the Building Services which We will supply (if any) as specified in the Agreement;
||means Your home, as detailed in the Order and the Agreement, at which the Job is to take place;
||means the quotation We give to You in accordance with Clause 4 detailing the services We will provide to You and the fees We will charge;
||means the fee set out in the Quotation which may change according to the actual work undertaken as set out in Clause 6 of these Terms and Conditions;
||means the date You and We agree on for Us to start providing the Building Services as specified in the Agreement;
||means any occasion, scheduled or otherwise, on which the Builder visits the Property to provide the Building Services;
||means the Trader and includes all employees, agents and sub-contractors of the Trader;
||means the part of the Property where the Building Services are to be provided;
||means a Consumer who is a customer of the Trader.
- Each reference in these Terms and Conditions to “writing”, and any similar expression, includes electronic communications whether sent by e-mail, [text message,] fax or other means.
- Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.
- Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions.
- Each reference to a Schedule is a reference to a schedule these Terms and Conditions.
- The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
- Words signifying the singular number will include the plural and vice versa.
- References to any gender will include the other gender.
- References to persons, unless the context otherwise requires, include corporations.
Information about Us
- We are a private limited company.
- We trade under the name Solent Builders Ltd.
- We are registered in England and Wales under number 5179981.
- Our registered office is at 227a West Street, Fareham, Hampshire, PO16 0HZ.
- Our main trading address is Unit 2 Hammond Industrial Estate, Stubbington Lane, PO14 2PT.
- Our VAT number is 568544305.
- We are registered with a recognised and authorised self-certification scheme. We will ensure that any sub-contractors We use are also registered in this way.
Communication and Contact Details
- If You wish to contact Us with questions or complaints, You may contact Us by telephone at 01329 662755 or by email at firstname.lastname@example.org.
- In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions). When contacting Us in writing You may use the following methods:
- contact Us by email at email@example.com
- or by post to Unit 2 Hammond Industrial Estate, Stubbington Lane PO14 2PT
- We accept orders for Building Services through email and telephone.
- When placing an Order You should set out, in detail, the Building Services required. Details required include the location and size of the Property, the number and type of rooms in which work is required and the type(s) of work required. [We will provide You with an order form containing prompts for all required information.] [All such details are set out in the Agreement.]
- Once the Order is complete and submitted We will prepare a Quotation and send it to You either by email or first class post. The Quotation will set out the required Deposit and fee (see Clauses 5 and 6).
- You may make changes to the Order and Quotation before accepting it. You may accept the Quotation by telephone, email or first class post.
- At the time of accepting the Quotation or not more than 7days thereafter You must pay Us a Deposit. The Deposit will be an agreed percentage of quoted sum between builder and client. We will not confirm an Order until the Deposit is paid in full.
- The Deposit is non-refundable except as set out in Clauses 12, 13 and 14.]
Fees and Payment
- The Quoted Fee will include the price payable for the Building Services and for the estimated Products required.
- We will where reasonably possible use only the Products (and quantities of Products) set out in the Quotation and the Agreement; however if additional Products are required We will adjust the Final Fee to reflect this. We will keep any increases to a necessary minimum.
- If the price of Products or services increases during the period between Your acceptance of the Quotation and the Start Date, We will inform You of the increase and of any difference in the Final Fee.
- The Quoted Fee and the Final Fee are inclusive of VAT. If the rate of VAT changes We will adjust the amount of VAT that You must pay.
- We will invoice You when the Job has been completed.
- You must pay any invoice within 14 days of receiving it.
- We accept the following methods of payment:
- If You do not pay an invoice by the due date We may charge You interest on the overdue sum at the rate of 10% above the base rate of Lloyds from time to time until payment in full is made. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.
- If You have promptly contacted Us to dispute an invoice in good faith We will not charge interest while such a dispute is ongoing.
- Before We start the Job We will carry out a full inspection of the Property to check that the Building Services are appropriate for the Property, practical and can be carried out safely.
- We will provide the Building Services in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by agreement between You and Us from time to time).
- We may provide sketches, plans, diagrams or similar documents in advance of the Job. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Job nor to guarantee specific results.
- We will use reasonable endeavours to ensure that the Products We use match those chosen by You and are consistent throughout the Property (or relevant parts of the Property). However, We cannot guarantee the quality or consistency of the Products.
- We will ensure that all Products comply with any relevant standards and are in a satisfactory condition at the time of use.
- We will ensure that the Building Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best trade
- We will notify You in advance if the work We are doing is likely to affect the Property outside of the Work Area and We will advise You of any remedial work You are likely to have to carry out. If further remedial work is needed, beyond the scope of the advice we gave You, We will carry it out at Our expense.
- We will ensure that We comply with all relevant codes of practice.
- We will ensure that furniture, flooring and walls in the Work Area that are not being worked on as part of the Job are suitably covered and protected for the duration of the Job.
- We will properly dispose of all waste that results from Our provision of the Building Services.
- If We cause any damage during the course of the Job We will repair the damage before completing the Job.
- If any inspections are required following completion of the Job We will arrange for the inspections to be carried out.
- Where a Job is to last for more than one working day, the Builder will where reasonably possible leave the Property in a clean and tidy state and minimise any disruption to Your use and enjoyment of the Property while work is being carried out. We will wherever possible store all tools and materials only in the Work Area or remove them from the Property at the end of each working day.
- Before the Job is completed We will work with You to produce a snag list identifying any faults or defects in Our work which we need to put right before completion of the Job. We will not be responsible for any defects which result from the work of third party contractors over whom We have no control.
- We guarantee that the product of the Building Services provided will be free from material defects for a period of 12 months following completion of the Job.
- If any defect in the product of the Building Services appears during the guarantee period set out in sub-Clause 8.1 We will rectify the defects free of charge.
- If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, You must obtain them before we begin to provide the Building Services.
- If any party wall agreements are needed, You must enter into those agreements before we begin to provide the Building Services.
- You will ensure that the Builder can access the Property at the Agreed Times to provide the Building Services.
- You may either give the Builder a set of keys to the Property or be present at the Agreed Times to give the Builder access. We promise that all keys will be kept safely and securely by the
- You must ensure that the Builder has access to electrical outlets and a supply of hot and cold running water.
- You must ensure that the Work Area is kept clear of furniture and other items and out of use for the duration of the Job unless We direct otherwise.
- If You do access the Work Area at any time during the course of the Job You must observe all relevant health and safety rules and must comply with any additional instructions the Builder gives You.
- Unless redecoration following completion of building work forms an agreed part of the Building Services, You will be responsible for any redecoration required.
- You must give Us at least one weeks notice if You do not require the Builder to provide the Building Services on a particular day or at a particular time. We will not invoice for cancelled Visits provided such notice is given. If less than one weeks notice is given We will invoice You at the normal rate.
Complaints and Feedback
- We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
- All complaints are handled in accordance with Our complaints handling policy and procedure.
- If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
- In writing, addressed to Unit 2 Hammond Industrial Estate ,Stubbington Lane, PO14 2PT.
- By email, addressed to firstname.lastname@example.org
- Using Our complaints form, following the instructions included with the form.
- By contacting Us by telephone on 01329 662755
Changing the Start Date
- If You ask Us to change the Start Date:
- We will where reasonably possible agree a revised Start Date with You;
- If it is not possible to agree a revised Start Date either You or We may terminate the Agreement (see Clause 14).
- If We ask You to change the Start Date, You may either:
- agree a revised Start Date with Us; or
- terminate the Agreement (see Clause 14).
Cancellation of Contract During the Cooling Off Period
- Where the Agreement is not made “on Our premises”, You have a statutory right to a “cooling off” period. This period begins once the contract between You and Us is formed and ends at the end of 14 calendar days after that date.
- If You wish to cancel the Agreement within the cooling off period You should inform Us immediately by a clear statement (e.g. a letter sent by post, fax or email to the postal address, fax number or email address specified in these Terms and Conditions). You may use the Model Cancellation Form, but You do not have to.
- To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired.
- If You exercise the right to cancel You will receive a full refund of any amount paid to the Us in respect of the contract.
- We will refund money using the same method used to make the payment, unless You have expressly agreed otherwise. In any case, You will not incur any fees as a result of the refund.
- We will process the refund due to You as a result of a cancellation without undue delay and, in any case, within the period of 14 days after the day on which We are informed of the cancellation.
- If the Start Date falls within the cooling off period You must make an express request for provision of the Building Services to begin within the 14 calendar day cooling off period. [This request forms a normal part of the ordering process.] By making such a request You acknowledge and agree to the following:
- If the Job is completed within the 14 calendar day cooling off period, You will lose the right to cancel once the Job is completed;
- If You cancel the Agreement after provision of the Building Services has begun You will be required to pay for the Building Services supplied up until the point at which You inform Us of Your wish to cancel;
- The amount due will be calculated in proportion to the full price of the Building Services and the actual Building Services already provided. Any sums that have already been paid for the Building Services will be refunded subject to deductions calculated on this basis;
- We will process any refund within 10 and in any event no later than 14 calendar days after You inform Us of Your wish to cancel.
- Clauses 13 and 14 apply to termination of the Agreement after the 14 calendar day cooling off period has elapsed.
Cancellation Before the Start Date
- In addition to Your rights in Clause 12 relating to the cooling off period, You may terminate the Agreement (i.e. cancel the Job) at any time before the Start Date as follows:
- If You cancel the Job more than 28 days before the Start Date We will refund the Deposit and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of cancellation.
- If You cancel the Job less than 28 days before the Start Date We will retain from the Deposit a sum to cover any net financial loss that We suffer due to the cancellation. We will refund the balance of the Deposit to You as soon as is reasonably possible, and in any event within 14 calendar days of If Our net financial loss is more than the amount of the Deposit, We will invoice You for the shortfall and You will be required to make payment in accordance with Clause 6.
- We may need to terminate the Agreement before the Start Date due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform You as soon as is reasonably possible. We will refund the Deposit and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of
- You may terminate the Agreement with immediate effect by giving Us written notice if:
- We have breached the Agreement in any material way and have failed to remedy that breach within 7 days of You asking Us in writing to do so;
- We enter into liquidation or have an administrator or receiver appointed over Our assets;
- You and We have been unable to agree a revised Start Date under Clause 11.1 or You elect to terminate the Agreement under Clause 11.2;
- We are unable to provide the Building Services due to an event outside of Our control (see Clause 16).
- We may terminate the Agreement with immediate effect by giving You written notice if:
- You fail to make a payment on time as required under Clause 6 (this does not affect Our right to charge interest on overdue sums under sub-Clause 6.8);
- You have breached the Agreement in any material way and have failed to remedy that breach within 7 days of Us asking You in writing to do so; or
- You and We have been unable to agree a revised Start Date under Clause 11.1;
- We have been unable to provide the Building Services for more than 14 days due to an event outside of Our control (see Clause 16).
- For the purposes of this Clause 14 a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
- If at the termination date:
- You have made any payment to Us for any Building Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice;
- We have provided Building Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 6.
Effects of Termination
- If the Agreement is terminated for any reason:
- Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.
- Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of the Agreement which exist at or before the date of termination.
Events Outside of Our Control (Force Majeure)
- We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control .
- If any event described under this Clause 16 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
- We will inform You as soon as is reasonably possible;
- Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;
- We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Building Services as necessary;
- You or We may terminate the Agreement (see Clause 14).
- We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
- We will maintain suitable and valid insurance including public liability insurance.
- We provide Building Services for domestic and private purposes only. We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
- If We cause any damage to the Property, We will make good that damage at no additional cost to You. We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the Building Services.
- Our total liability for any loss or damage caused as a result of our negligence or breach of these Terms and Conditions or the Agreement (or that of the Builder) is limited to £
- We are not liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us or the Builder.
- Nothing in these Terms and Conditions is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.
- Nothing in these Terms and Conditions is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.
How We Use Your Personal Data (Data Protection)
- All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.
- For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from www.solentbuilders.com.
Other Important Terms
- We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.
- We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs We will inform You in writing. Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).
- The Agreement is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the
- If any provision of the Agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Agreement or these Terms and Conditions and the remainder of the provision in question will not be affected.
- No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.
Law and Jurisdiction
- These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of [England & Wales] [Northern Ireland] [Scotland].
- As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 20.1 above takes away or reduces your rights as a consumer to rely on those provisions.
- Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.