1. For the purpose of these Terms & Conditions the following words shall have the following meanings:
(a) "The Company" shall mean Shaw’s Carpentry and Construction Limited
(b) "The Customer" shall mean the person or organisation for whom the Company agrees to carry out works & supply materials.
The Construction Engineer shall mean the representative appointed by the Company.
2. The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Customer those works shall be undertaken by the designated operative of Company at its absolute discretion.
3. Where a written estimate has been supplied to the Customer the total charge to the Customer referred to in the estimate be revised in the following circumstances:
(i) if after submission of the estimate the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the estimate.
(ii) if after submission of the estimate there is an increase in the price of materials.
(iii) if after submission of the estimate it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared.
(iv) if after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.
4. The Company shall not be under any obligation to provide an estimate to the Customer & shall only be bound (subject as hereinafter) by estimates given in writing to the Customer & signed by a duly authorised representative of the Company. The Company shall not be bound by any estimates given orally or in which manifest errors occur.)
5. Invoices are due for payment within 7 days of invoice date, which date is clearly stated on invoices.
6. Where the date &/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure that the operative shall attend on the date & at the time agreed. However, the Company accepts no liability in respect of the non attendance or late attendance on site of the operative/engineer or for the late or non delivery of materials.
7. If the Customer cancels their instructions prior to any work being carried out or materials supplied then the Customer shall be liable for any related expenditure by the Company had the work been carried out &/or materials supplied in accordance with such instructions.
8. If payment has not reached the Company by the invoice due date, and no written notification of withholding payment has been given by the payer, the Company can suspend all works until payment has been received. The Company must provide written notification of its intentions to cease work at least 7 days before the works are suspended. If payment is made within that notification period, the right to suspend works is obsolete.
9. If a payment that has become due under the Contract is to be withheld by the Customer, he shall give written notification, to that effect, to the Company in no less than 5 days before the final date for payment of that sum. In the said notification the Customer shall specify the grounds for withholding payment and details of each amount to be withheld