Terms & Conditions
EX10 Services Ltd – Terms & Conditions of Business
1. Definitions
- “The
Company” refers to EX10 Services Ltd, registered in England and
Wales.
- “The
Customer” is the individual, company or organisation who has requested
services from the Company.
- “Services”
means the works and services to be carried out as detailed in our
quotation or agreed scope.
- “Offer”
refers to any quotation, estimate or tender submitted by the Company.
- “Subcontractor”
means any third-party contractor engaged by the Company to carry out all
or part of the works.
- “The
Parties” refers collectively to EX10 Services Ltd and the Customer.
2. Basis of Contract
All services provided by EX10 Services Ltd are subject to
the following terms and conditions. No alternative or additional terms will
apply unless agreed in writing by the Company. By accepting our quotation or
allowing works to commence, the Customer is deemed to accept these terms in
full.
3. Scope of Services
EX10 Services Ltd will carry out the agreed services with
reasonable skill and care and in accordance with the agreed quotation or scope.
We will use reasonable efforts to meet any agreed timescales but cannot be held
responsible for delays beyond our control, including those caused by weather,
third-party suppliers, or unforeseen site conditions.
4. Use of Subcontractors
- The
Company may engage qualified subcontractors to assist in the delivery of
the works.
- All
subcontractors will be suitably experienced, insured and approved by the
Company.
- The
Company remains responsible for managing subcontractors and ensuring works
are carried out to standard.
- The
Customer must not instruct subcontractors directly without prior written
consent.
- The
Company accepts no liability for any unauthorised agreements or side
arrangements between the Customer and any subcontractor.
5. Customer Responsibilities
The Customer agrees to:
- Provide
clear access to the site at the agreed time and date.
- Ensure
the site is safe, secure, and free of obstruction.
- Obtain
all necessary permissions, consents, and approvals (including planning
permission, party wall notices, building control, etc.).
- Provide
welfare facilities on site unless otherwise agreed in writing.
Failure to meet these obligations may result in additional
charges to cover lost labour time, restocking or rescheduling.
6. Prices and Quotations
- All
prices quoted are exclusive of VAT unless otherwise stated.
- Quotes
are valid for 30 days unless stated otherwise.
- Prices
are based on information provided by the Customer. If this information
proves to be inaccurate, the Company reserves the right to revise the
quotation.
- Any
requested variations or changes to the scope of work will be quoted
separately. No variation will be undertaken without written agreement.
7. Unforeseen Work & Variations
Where additional works are required due to site conditions
or instructions from the Customer, a revised quotation will be provided. These
must be agreed in writing before work proceeds. In urgent situations, work may
be carried out on a cost-plus basis with prior verbal agreement.
8. Payment Terms
- Payment
terms are strictly 7 days from the date of invoice, unless
otherwise agreed.
- For
works longer than 14 days, interim invoices may be issued every 2 weeks.
- Late
payments will attract interest at 8% above the Bank of England base
rate, calculated monthly.
- The
Company reserves the right to suspend works for non-payment, following 7
days’ written notice.
- Ownership
of materials remains with the Company until full payment is received.
9. Materials and Delivery
- Deliveries
will be made over hard, accessible roads. Where this is not possible,
offloading and transport on site is the Customer’s responsibility.
- Materials
remain at the Customer’s risk once delivered to site. Any theft, loss or
damage will be charged accordingly.
- The
Company retains ownership of all materials until they are paid for in
full.
10. Right of Access for Remedial Works
Right of Access for Rectification
The client agrees to report defects or issues within 14 days
of discovery.
In the event that remedial work is required to address any defect or issue
arising from services we have provided we reserve the right to reasonable
access to the property or premises to carry out necessary inspections, repairs,
or corrections, grant such access within a reasonable timeframe following
written notice. Failure to provide access may limit our ability to remedy the
issue and may void any related warranties or guarantees.
11. Survey and Inspection Disclaimer (e.g. Damp,
Structural Issues)
Survey Limitations and Liability
Our surveys (including those relating to damp, structural issues, or other
property conditions) are based on a non-invasive visual inspection unless
stated otherwise within the survey and are limited to areas that are reasonably
accessible at the time of the visit. While we strive to identify potential
issues, we do not accept liability for any condition or defect that is
concealed, not reasonably visible, or outside the scope of the survey.
Clients should be aware that further intrusive investigation may be necessary
to determine the full extent of any issue, and we recommend that qualified
specialists be consulted where appropriate. Our findings and recommendations
are intended as guidance only and do not constitute a warranty or guarantee of
property condition.
12. Roofing
For
all roofing projects undertaken, the client must provide safe and unobstructed
access to the roof and work areas for the duration of the project. All roofing
work is weather-dependent, and schedules may be adjusted due to unsafe
conditions without liability to the contractor. If hidden issues such as rot,
structural damage, mold, or pest infestation are uncovered during the job, the
contractor will notify the client and obtain approval before proceeding with
any additional work or charges. manufacturer warranties are separate and
subject to their own terms. Warranties are void if damage results from
third-party work, weather events, or lack of proper maintenance. The contractor
follows all applicable safety regulations, and the client must not access the
work area during construction. Upon completion, the contractor will perform a
general clean-up, including removal of job-related debris
13. Health, Safety & Welfare
- The
Customer is responsible for ensuring the site is safe and complies with
all relevant health and safety legislation.
- The
Company reserves the right to stop work immediately if safety is
compromised.
- Site
welfare facilities, including toilets and wash stations, must be provided
unless agreed otherwise.
14. Insurance
- The
Company holds Public and Employers’ Liability Insurance; copies are
available on request.
- The
Customer must insure the existing structure and site against fire, flood,
theft, and other common risks.
- Where
appropriate, the Company must be named as joint insured or subrogation
rights must be waived.
15. Guarantees and Warranties
- The
Company guarantees its workmanship for 12 months from the date of
completion unless otherwise agreed.
- Materials
and products are covered by the manufacturer’s warranty where applicable.
- This
guarantee does not cover damage caused by third parties, misuse, or
extreme weather.
16. Limit of Liability
The Company’s liability is limited to the value of the
contract. We are not responsible for indirect or consequential loss, including
loss of profit, business interruption, or additional costs arising from delays,
defects or incomplete work caused by third parties or unforeseen issues.
17. Delays and Force Majeure
The Company will not be liable for delays or failures due to
circumstances beyond its control, including but not limited to:
- Adverse
weather
- Supplier
delays
- Industrial
action
- Acts
of terrorism
- Government
restrictions
- Subcontractor
delays beyond our reasonable control
18. Termination
The Company may terminate the agreement if the Customer:
- Fails
to make payment within the agreed terms
- Breaches
health and safety obligations
- Prevents
the Company from performing its duties
All unpaid sums will become due immediately upon
termination.
19. Disputes and Legal Jurisdiction
In the event of a dispute, both Parties agree to attempt
resolution in good faith. Where necessary, disputes may be referred to adjudication
under the Housing Grants, Construction and Regeneration Act 1996,
following the Scheme for Construction Contracts (England and Wales).
This agreement is governed by the laws of England and
Wales. Any legal proceedings will be under the exclusive jurisdiction of
the English courts.
20. Entire Agreement
These terms represent the entire agreement between EX10
Services Ltd and the Customer. No other representations or discussions will be
legally binding unless confirmed in writing by both Parties.