Terms and Conditions

(Issue 3.3)   Effective Date: 26th July 2025

Company Details: Exact Design and Build Limited
Registered Office: 6 Meadow Court, Witney, Oxfordshire, OX28 6ER
Trading Address: 246 Manor Road, Witney, Oxfordshire, OX28 3ST
Company No: 13013975 | VAT No: 376906946

Exact Design & Build Ltd is a company registered in England and Wales. These Terms and Conditions apply to all services provided by Exact Design & Build Ltd to clients who are Consumers, as defined by the Consumer Rights Act 2015. By accepting a Quotation or Estimation, you agree to be bound by these Terms.

1. Definitions

1.1
“We”, “Us”, “Our” – Exact Design & Build Limited, including staff and subcontractors.
1.2 “You”, “Your” – The client receiving services from Us.
1.3 “Quotation/Quote” – A fixed price for specific work, subject tochange only due to variations or unforeseen circumstances.
1.4 “Estimation/Estimate” – A detailed cost outline document, subject tochange.
1.5 “Agreement” – The contract formed by accepting our Quotation orEstimation and these Terms.
1.6 “Work Area” – The part of your property where works are carried out.
1.7 “Unforeseen Circumstances” – Issues not visible or known prior towork starting, including but not limited to structural problems, hazardousmaterials, underground obstructions, or third-party delays.
1.8 “Completion Date” – The date on which the agreed works are signedoff as complete by Us or deemed substantially complete and fit for intendeduse, even if minor works remain.
1.9 “Consumer” – An individual acting for purposes wholly or mainly outside their trade or profession.
1.10 “Start Date” – The agreed date on which works are scheduled to begin.

2. Contract Formation

2.1
A contract is formed when you accept an Estimation or Quotation provided by Us, subject to these Terms and Conditions.
2.2 A 14-day cooling-off period applies from the date of acceptance. This cooling-off period applies only where the Agreement is formed at a distance or off-premises, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This cooling-off period applies only where required by law (i.e., where contracts are formed off-premises or via distance communication).
2.3 If cancelled after this period but before works commence, any deposits may be retained to cover reasonable administrative and preparatory costs already incurred (e.g., project planning, materials procurement, staff scheduling).
2.4 We reserve the right to cancel the Agreement before the Start Date for valid reasons, including but not limited to staff illness or supply issues.
2.5 We will always aim to conduct work professionally and to schedule, but delays may arise due to weather, material shortages, or other unforeseen events. We will inform You promptly of any delays and provide revised timelines where possible.

3. Communication and Contact Details

3.1
For general or day-to-day communication, You may contact Us via:
• Telephone: 07724 602044 or 01993 773293
• Email: hello@exactdesignbuild.co.uk
• Text message: 07724 602044 (WhatsApp or iMessage) – for informal updates or queries only
3.2 For formal communication that is considered “in writing” under this Agreement (including notices, complaints, or changes to the scope of works), You must use one of the following methods:
• Email to: hello@exactdesignbuild.co.uk
• Pre-paid first-class post to: 246 Manor Road, Witney, Oxfordshire, OX28 3ST
• Text messages (including WhatsApp or iMessage) do not constitute formal written notice unless agreed by Us in writing or used during an emergency when other methods are unavailable
3.3 Formal notices shall be deemed received:
• Upon written acknowledgment by Us (e.g. email reply or read receipt), or
• Two business days after posting via first-class post, provided delivery can be reasonably confirmed. For legal or contractual matters, You are advised to obtain proof of delivery or request confirmation of receipt.
3.4 If you have a complaint, please contact Us in writing via email or post, clearly stating the nature of the issue. All complaints must be addressed to the Company Directors. We will acknowledge your complaint within 5 working days and aim to provide a full response within 14 working days. If further investigation is required, we will keep you informed of progress. If a resolution cannot be reached, we may suggest independent mediation in accordance with Clause 15.1.

4. Your Responsibilities

4.1
Provide reasonable site access during working hours (Mon–Fri, 7:00 am to 6:30 pm, unless otherwise agreed). If there is a necessity for weekend work to proceed, this will be agreed with You upon request.
4.2 Entry into the Work Area is at Your own risk and may void Our liability for any injury or damage.
4.3 You acknowledge that adverse weather, supplier delays, and availability of materials may affect the delivery timeline. We will make reasonable efforts to minimise delays and keep you informed of any issues.
4.4 You are responsible for moving or protecting furniture, personal belongings, and valuables from areas where the work will take place. We are not liable for damage to items that remain in or obstruct the Work Area unless otherwise agreed in writing.

5. Site Access and Property

5.1
Ownership of all materials supplied remains with Us until all outstanding sums under the Agreement are paid in full (Retention of Title).
5.2 Skips and equipment remain Our property until final payment is cleared.
5.3 Skips are not for client use unless agreed. Overloading may incur charges.
5.4 We are not responsible for damage to underground services or hidden features not disclosed in advance. You must provide all relevant site information where possible.

6. Environmental Responsibility and Waste Disposal

6.1
We are committed to carrying out work in a manner that is environmentally responsible and compliant with applicable environmental regulations.
6.2 All waste generated from the works will be disposed of legally and responsibly, using licensed waste carriers and approved disposal facilities. Where possible, recyclable materials will be separated and processed appropriately.
6.3 We will take reasonable steps to minimise waste, avoid unnecessary material use, and reduce environmental impact during the planning and execution of works
.6.4 If hazardous waste is encountered or generated (e.g. asbestos, lead-based paint, contaminated soil),You will be informed immediately. Additional costs may apply for safe removal and disposal, subject to Your approval before proceeding.

7. Administration Processes

7.1
We will provide a written Estimation and/or Quotation with sufficient detail to avoid misunderstandings.
7.2 Clients may request amendments; revised Estimations and/or Quotations will be issued.
7.3 Clients agree to review and sign off completed phases and/or final work within 5 days of notice. If we do not receive feedback or objections in writing within 5 calendar days of notification, We may treat this as acceptance of satisfactory completion.
7.4 Any additional works that fall outside the original scope of the Agreement must be agreed in writing. These works will require the preparation of a separate Estimation or Quotation, which will be issued once all relevant variables such as design details, material choices, and access requirements have been confirmed. If You provide consent to proceed before revised documents are produced, We may begin the additional works on that basis. In such cases, the revised Estimation or Quotation may be issued after the additional works have commenced.
7.5 Quotations and Estimations are valid for 30 days only.
7.6 No verbal commitments or representations are binding unless confirmed in writing.
7.7 These Terms are provided electronically before work starts. A printed copy is available upon request and published on our website at www.exactdesignbuild.co.uk.
7.8 We reserve the right to update or amend these Terms and Conditions from time to time to reflect changes in our business operations, legal requirements, or best practices. Any such changes will not affect existing Agreements already in progress, unless otherwise agreed in writing. The most current version of our Terms and Conditions is always available on our website at or upon request. We recommend that You review the Terms periodically to ensure You remain informed of any updates.

8. Variations

8.1
All client-requested variations or design changes must be confirmed in writing. Verbal instructions are not accepted unless followed by written confirmation.
8.2 Additional works, where applicable, will be paid for in advance or added to an interim or final invoice.

9. Payments

9.1
A payment schedule will be agreed before commencement. The Contract will be sent as a Service Agreement for signature, via Adobe Sign, unless otherwise requested.
9.2 Invoices must be paid within 7 calendar days unless otherwise stated. Invoices marked ‘due upon receipt’ must be paid immediately.
9.3 Deposits are non-refundable unless otherwise agreed, and reflect reasonable costs incurred in planning and mobilisation. A breakdown is available upon request.
9.4 We may suspend works for late or missed payments.
9.5 Interest at 3% above the Bank of England base rate (calculated daily on a simple basis) may be applied to overdue amounts in accordance with our rights under the Late Payment of Commercial Debts (Interest) Act 1998, where applicable.
9.6 Interim invoices may be issued for work completed to date.
9.7 Invoice disputes must be raised in writing, specifying the item(s) in dispute and the grounds, within 3 calendar days of the invoice date. Disputes do not suspend payment unless agreed by Us in writing.
9.8 Persistent non-payment may lead to suspension of works and engagement of debt recovery services, with costs borne by You.

10. Payment Methods

10.1 Accepted payment methods in order of preference:
- BACS (Bankers' Automated Clearing Services) Debit/Credit Card (subject to a 2.5% processing surcharge);
- Cheque: Payable to Exact Design & Build Limited. Please note that a cheque handling fee of £3.00 may apply;
- Cash payments are  accepted only by prior agreement and must be handed directly to a Company Director. A signed receipt will be provided. We do not accept responsibility for any cash given to staff or subcontractors unless formally authorised and receipted by a Director.
10.2 All payment details are included on each invoice.
10.3 The invoice acts as a receipt upon confirmation of monies received.

11. Unforeseen Circumstances

11.1
Any Unforeseen Circumstances discovered during the works will be communicated to You.
11.2 Works may pause while revised Estimates or Quotations are prepared and approved, if applicable.
11.3 If approval is not received within 7 days of two written requests, We may suspend or terminate the Agreement.
11.4 We reserve the right to revise the Quotation, timeline, and Completion Date to reflect added costs or delays resulting from unforeseen issues or external factors. Reasonable delays do not constitute grounds for withholding payment.
11.5 We will always strive to maintain a helpful and professional attitude and aim to complete all building work to a satisfactory standard and within a reasonable timeframe, up to the expiry of Our workmanship guarantee (where applicable). However, completion dates may be affected by factors beyond our control, including but not limited to adverse weather, supply chain issues, limited availability of specialist materials, or other Unforeseen Circumstances.

12. Force Majeure

12.1
We are not liable for delays or non-performance due to events beyond Our control, including but not limited to natural disasters, pandemics, cyberattacks, government actions,utility failures, strikes, or supplier failure. Parties agree to renegotiate timelines in good faith.

13. Workmanship Guarantee

13.1
Our Clients benefit from a12-month guarantee on our workmanship and on any materials supplied directly by Us. This guarantee applies to new build work and other contracted services, subject to the terms below.
13.2 The guarantee period begins from the Completion Date of the specific phase or section of the works to which any issue relates. For example, if roof works are completed in Month 1 and internal finishes in Month 3, the guarantee for the roof will run from Month 1, and internal finishes from Month 3.
13.3 Notwithstanding Clause 13.2, no guarantee claim may be made more than 12 calendar months after the date of the final invoice, regardless of when any individual phase was completed.
13.4 This guarantee covers only proven defects in Our workmanship and/or materials supplied directly by Us. All claims must be submitted in writing within the guarantee period and must include supporting evidence of the alleged defect.
13.5 The guarantee excludes, without limitation, any issues arising from: Normal wear and tear; Misuse, neglect, or lack of proper maintenance; Alterations, modifications, or repairs carried out by third parties (including the Client) after completion; DIY modifications, meaning any alterations, installations, or repairs carried out by the Client or any third party not instructed or approved by Us, including but not limited to:  
- Installing fixtures, fittings, or appliances;  
- Drilling, cutting, or altering walls, ceilings, floors, pipework, or cabling;  
- Painting, plastering, tiling, or decorating that may impact the integrity of Our original work;
- Removing or adjusting materials, components, or finishes provided or installed by Us;  
- Structural movement or subsidence unrelated to Our works;
- Water ingress or damp affecting pre-existing structures; Rot, mould, mildew, fungus, or pest infestations affecting pre-existing structures;
- Damage caused by weather events, natural disasters, or other unforeseen external factors.
13.6 The guarantee does not cover indirect or consequential losses, including but not limited to loss of use, loss of profits, or costs of alternative accommodation.
13.7 Any remedial works under this guarantee do not extend or renew the original guarantee period.
13.8 This guarantee is non-transferable and applies only to the original Client and the property specified in the Agreement.
13.9 If a defect relates to a product or material supplied by Us but manufactured by a third party, We reserve the right to refer You directly to the manufacturer or supplier. We will assist where reasonably possible but are not liable for product-specific faults outside Our control.
13.10 The guarantee is void if the defect is caused or affected by third-party work or unauthorised DIY alterations (13.5), unless otherwise agreed in writing.
13.11 Unless agreed as part of Our services, You are responsible for any redecoration required following the completion of works, including touch-ups, repainting, or surface repairs.
13.12 Decorations completed by Our contractors are considered signed-off upon completion (7.3) and are not covered by this guarantee, except in cases of proven fault arising directly from Our work. Minor imperfections, touch-up needs, or settlement cracks are not considered defects.
13.13 By accepting completion of any phase without raising concerns in writing within a reasonable time and in any case before the guarantee expires, You are deemed to have inspected and accepted the works as satisfactory. We will assume You understand and accept these terms unless You raise issues in accordance with Clause 13.4.
13.14 Where We have followed good industry practice, complied with relevant building regulations, and exercised reasonable care and skill in delivering the works, We shall not beheld liable for any issues, defects, or damage that:
- Arise from unforeseen conditions or latent defects that were not reasonably discoverable during the build stage;
- Occur after completion due to third-party actions, environmental factors, or changes in property condition;
- Would not have been preventable by Us using reasonable care at the time of the works.
13.15 Nothing in this guarantee affects Your statutory rights under the Consumer Rights Act 2015.

14. Limitation of Liability

14.1
We are not liable for indirect or consequential losses (e.g. loss of profit or amenity) unless due to Our negligence or wilful misconduct.
14.2 Our total liability is limited to the value of the Agreement, unless otherwise covered by our insurance policy. Nothing in these Terms limits Our liability for death or personal injury caused by Our negligence.

15. Legal and Other Terms

15.1
Disputes must first be addressed in writing. If unresolved, both parties agree to attempt resolution via an independent UK-accredited mediator prior to initiating any legal proceedings. The cost will be shared equally unless otherwise agreed.
15.2 Our Insurance Coverage:
We maintain comprehensive insurance to ensure appropriate protection for both Our business operations and Our Clients. This includes: Public Liability     Insurance – up to £5 million per claim Employers’ Liability Insurance – up to £10 million (as required by UK law). Full insurance details are available upon request.
15.3 Subcontractor Insurance Coverage:
All subcontractors engaged by Us must carry valid and sufficient liability insurance throughout their engagement, including: Public Liability Insurance (min. £2 million). Employers’ Liability Insurance (where applicable under UK law). Subcontractors are responsible for their own acts or omissions. If You have specific concerns regarding subcontractor insurance, please raise them before works commence.
15.4 It is Your responsibility to inform Your home insurance provider of the planned works prior to commencement.
15.5 All plans, drawings, specifications, and design documents produced or commissioned by Us remain Our intellectual property. You are granted a non-exclusive, non-transferable licence to use them solely for the execution of the specific works agreed.
15.6 If the Agreement is cancelled after design or planning services have been provided but before any physical works begin, We reserve the right to invoice for reasonable fees relating to design time, site visits, planning work, and any third-party consultant costs incurred.
15.7 You may instruct Us to assist with planning or building control, as agreed, but You remain responsible for obtaining appropriate permissions unless otherwise set out in writing.

16. Termination

16.1
Either party may terminate this Agreement with 7 days’ written notice for material breach.
16.2 We may terminate immediately if:
- You fail to respond to access or information requests within 7 days;
- You behave in a threatening, discriminatory, or verbally aggressive manner toward Our staff or contractors;
- Work is suspended for more than 7 days due to lack of cooperation.
16.3 On termination, You must pay for all work completed and materials purchased to date.
16.4 Payment may not be withheld unless agreed in writing beforehand.

17. General Provisions

17.1
No Waiver: Failure to enforce any part of these Terms within 30 days of a breach does not waive the right to enforce them later.
17.2 Severability: If any part of these Terms is found to be invalid, the remainder remains in full effect.
17.3 These Terms are governed by the laws of England and Wales. Where permitted under consumer law, any disputes shall be subject to the exclusive jurisdiction of the English courts.

Acknowledgement and Acceptance

By signing Our Agreement (provided separately), or by continuing to engage our services after receipt of this document, you confirm that you have read, understood, and agreed to the terms and conditions set out above. You acknowledge that it is your responsibility to seek clarification on any aspect you do not understand prior to commencement or continuation of any works. Failure to raise concerns or objections prior to commencement or within a reasonable time thereafter shall be taken as confirmation that you have accepted these terms in full. 
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