Terms and Conditions

Issue 2 - July 2023

Background:  
These Terms and Conditions are the standard terms which apply to the provision of building services by Exact Design & Build Limited (“the Trader”) to customers who require building services to be provided at their home.
Please read them carefully and ensure that you understand and agree to the information contained within (5.1).

These Terms and Conditions apply where the client/customer is a “Consumer” as defined by the Consumer Rights Act 2015.

Definitions and Interpretation

1.     In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Agreed  Times” means the times which You and We agree for the Builder to have access to the  Property to complete the Job,  as specified before commencement of works.

“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,  which form a contract upon acceptance.

“Builder” or “Contractor” means Us or Our employees, or Sub-Contractors who will be responsible for providing the Building Services;

“Building Services” means the building services We will provide as specified in the Agreement;

“Business” means any business, trade, craft or profession carried on by You or any other  person or organisation;

“Consumer”  or “Client” 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;

“Deposit” means the deposit You may be required to pay in accordance with Clause 8.9; 

“Estimation” means the estimation We give to You detailing the services We will provide to You and the fees We will charge;

“Final  Fee” means  the total of all sums You must pay which will be shown on the invoice issued in accordance with these Terms and  Conditions.

“Job” means  the complete performance of the Building Services;
“Products” means  the products required for the provision of the Building Services which We will supply (if any) as specified before commencement of works.

“Property” means Your home, as detailed in the Quotation and, at which the Job is to take  place;

“Quotation” means  the quotation We give to You detailing the services We will provide to You and the fees We will charge; 

“Quoted  Fee” means  the fee set out in the Quotation which may change according to the actual work undertaken as set out in these Terms and Conditions;

“Start Date” means  the date You and We agree on for Us to start providing the Building Services  as specified in the Agreement;

“Visit” means any occasion, scheduled or otherwise, on which the Contractor visits the  Property to provide the Building or Consultation Services;

“We/Us/Our” means the Trader/Contractor and includes all employees, agents and sub-contractors  of the Trader; “Work Area” means the part of the Property where the Building Services are to be provided;

“You/Your” means  a Consumer/Client who is a customer of the Trader/Contractor. 

1.1  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.
1.2  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.
1.3  Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions.
1.4  Each reference to a Schedule is a reference to a schedule to these Terms and Conditions.
1.5  The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
1.6   Words signifying the singular number will include the plural and vice versa.
1.7   References to any gender will include any other gender.
1.8   References to persons, unless the context other wise requires, include corporations. 

2.   Information about Us

2.1  We are a Private Limited Company.
2.2  We trade under the name Exact Design & Build Limited.
2.3  We are registered in the United Kingdom under number 13013975.
2.4  Our registered office is at 6 Meadow Court, Witney, Oxfordshire, OX28 6ER.
2.5  Our main trading address is 246 Manor Road, Witney, Oxfordshire, OX28 3ST.
2.6  Our VAT number is 376906946. 

3.    Communication and Contact Details      
         
3.1 You may contact Us by telephone at 07724 602044 or 01993 773293 or by email at hello@exactdesignbuild.co.uk
3.2 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:
a) contact Us by email at hello@exactdesignbuild.co.uk; or
b) contact Us by pre-paid post at Exact Design & Build, 246 Manor Road, Witney, Oxfordshire, OX28 3ST; or
c)  contact us via text message to our company mobile – 07724 602044; but only if (a) and (b) are not possible.

4.  Further Definitions

4.1   Contractor: The ‘contractor’ is Exact Design & Build.
4.2  Client: The ‘client’ is a person or entity seeking goods and/or services from the contractor.
4.3   Estimate: An estimate is an initial offer made by the contractor to the client within a hard copy or electronic document, headed with the title ‘Estimate’, ‘Estimation’ or ‘Estimation of Costs’. An estimate is an estimation of cost, not a definitive quotation and may be subject to variation or change.
4.3.1  The Estimation price will alter accordingly in relation to final product selections during the consultation process in order for the Contractor to produce a quotation for the Client.
4.3.2  Where work has commenced but certain product decisions are outstanding, Estimation pricing will be relied upon and invoiced against as necessary until definitive pricing has been determined.
4.4  Quotation: A quotation is a formal offer made by the contractor to the client within a hard copy or electronic document, headed with the title ‘Quotation’. No other document is intended to be an offer or may be relied upon as such. A quotation price may alter if unforeseen circumstances arise which lead to greater costs being incurred by the contractor.  
4.5 Contract: A contract with Exact Design & Build constitutes an agreement by the client, to purchase goods and/or services from the Contractor in accordance with these Terms and Conditions (see 7.1 for further detail)

5. Your Responsibilities

5.1 The Client is deemed to have read and satisfied themselves with the full contents of these Terms and Conditions as provided electronically by Exact Design & Build by email and signposted as available to view anytime at www.exactdesignbuild.co.uk. A written acknowledgement of receipt is kindly requested by the Contractor, but the acceptance of an Estimation or Quotation by the Client will also constitute as acceptance of these Terms and Conditions (see 7.1). 
5.2 The Client is deemed to have read and satisfied themselves with the accuracy and content of the offer in terms of specification, charges and meaning of the descriptions outlined the headed documents titled ‘Estimation’ or ‘Quotation’ provided by Exact Design & Build.  
5.3 The Client acknowledges that they have not relied on any verbal statement, promise, representation, assurance, warranty or offer which is not set out in a document supplied by the contractor titled ‘Estimation’ or ‘Quotation’.  

6.  Administration Processes

6.1 Exact Design & Build will endeavour to provide customers with a written quotation, which will be produced with as much detail as possible to avoid any misunderstandings. It will include sufficient detail for completion of the works.
6.2 If any amendments to the quotation are required, clients must contact the contractor and the document will be revised accordingly.
6.3 Any additional works found necessary are to be agreed with the client and a separate quotation provided as necessary.
6.4  Additional work will only be undertaken further to a full discussion with the client.
6.5 Quotations and Estimations are valid for 30 days from the date of the quotation.
6.6 These Terms and Conditions will be sent via electronic copy prior to work commencing and are visible to view at www.exactdesignbuild.co.uk

7.   Contract Agreement


7.1  Accepting a written ‘Estimation’ or ‘Quotation’ from Exact Design & Build and agreeing to the commencement of works will allow these Terms and Conditions to come into effect and forms a contract.
7.2  When the client has entered into a contract and paid an agreed deposit, they have a 14-daycooling off-period should they wish to cancel the contract. 7.3  The client can cancel the contract within the 14-day cooling-off period by contacting Exact Design & Build in writing.
7.4   Should the client withdraw from the quotation offer, after the cooling off period and prior to commencement of works, any deposit paid by the client will be used to pay for materials, consultation time, or design work that has taken place on the client's behalf.
7.5  Where the cost of bespoke orders or materials cannot be recovered from the supplier these costs, including delivery, will be invoiced to the client. Under these circumstances the materials may also be forwarded to the client without notice.
7.6  Exact Design & Build may withdraw from the quotation offer prior to commencement of works without sanction or penalty.
7.7 Any document produced by Exact Design & Build without the heading ‘Estimation’ or ‘Quotation’ will not be recognised or accepted as a valid offer of quotation and will not form a contract.
7.8 Any proposed project duration is an approximate time for work to be carried out and can be found within written communication to the client.
7.9 The predicted project duration is to be used as a guide only and will not affect the agreed contract price.
7.10 If a project takes longer than expected no extra charges will be levied unless previously agreed. Conversely, if good progress is made and a project takes less time to complete than expected, the client should not expect to receive a discount.

8. Deposits, Fees and Payments

8.1  The Quoted Fee will include the price payable for the Building Services and for the estimated Products required.
8.2  We will, where reasonably possible, use only the Products (and quantities of Products) set out in the Estimation or Quotation; however, if additional Products are required, We will adjust the Final Fee to reflect this.  
8.2.1 We will keep any increases to a necessary minimum, will keep You informed at all times, and will not proceed without your verbal agreement.
8.3 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. If You do not wish to accept the increase, You may cancel and request a refund, excluding any non-refundable deposit.
8.4 The Quoted Fee and the Final Fee are inclusive of VAT.
8.4.1 If the rate of VAT changes We will adjust the amount of VAT that You must pay in accordance with HMRC.
8.5 We will invoice at agreed stages during with the final invoice being due upon completion.
8.6 Invoices will be sent out prior to the relevant payment date and each invoice will serve as a receipt for payment.
8.7 Payments must be made in a timely manner or work progress may be impeded or ceased (in the case of non-payment).
8.8 Part payments, interim payments and deposits will be agreed prior to commencement of works or during the contract duration.
8.9 A deposit is usually, but not always, required on smaller scale projects; however, it is standard practice for Us to request for a down-payment in respect of design work or the acquisition of bespoke or high value materials.  
8.9.1 Deposits amounts will be discussed in advance and set out as appropriate and proportional to the specific work required and/or materials purchased. 8.9.2 Paid deposits are non-refundable unless otherwise stated.
8.10 Interim payments and/or a final payment on completion of a contract is not reliant on the presentation of completion certificates with respect to electrical, gas or building control completion certificates, as they are subject to third party administration.
8.11 Any invoice that specifies ‘due upon receipt’ must be paid in full, and no later than within 3 calendar days of receiving it, unless the document states an alternative due date.
8.12  We accept the following methods of payment:
8.12.1  BACs Payment to Exact Design & Build (Sort Code: 20-65-20 Account Number:53762971)
8.12.2 Cheque– payable to Exact Design & Build Limited;
8.12.3  Debit, Credit Card or Payment Link via Sum Up; a minimum 2.5% surcharge will apply;
8.12.4  Cash– by arrangement for collection by a company Director.
8.12.5  Payment details will be displayed on the invoices produced.
8.13 A proposed payment schedule will be set out and agreed in advance of works commencing.              
8.13.1 Exact Design and Build reserve the right to amend a payment schedule as necessary and will inform clients of any changes and reasoning behind the amendment;
8.13.2 If any invoice is not paid in full Exact Design& Build reserve the right to terminate the contract and will recover all monies and costs owed by the client, including any debt recovery and legal fees incurred.
8.14 If You do not pay an invoice by the due date We may also charge You interest on the overdue sum at the rate of 3% above the base rate of The Bank of England until payment is made in full.
8.14.1 Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment, and may include debt recovery and legal fees in relation to the amount owing.
8.15 If You have promptly contacted Us to dispute an invoice in good faith We will not charge interest while such a dispute is ongoing.

9.  Your Obligations

9.1 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.
9.2 If any party wall agreements are needed, You must enter into those agreements before we begin to provide the Building Services.
9.3 You will ensure that the Contractor can access the Property at the Agreed Times to provide the Building Services.
9.4 You may either give the Contractor a set of keys to the Property or be present at the Agreed Times to give the Contractors or Sub Contractors access. 
9.4.1  We will ensure that all keys will be kept safely and securely.
9.5  You must ensure that the Contractor has access to electrical outlets and a supply of hot and cold running water.
9.6  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.
9.7  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.
9.8 Unless redecoration following completion of building work forms an agreed part of the Building Services, You will be responsible for any redecoration required.
9.9  If You do not provide the required access to the Property or make it impossible for Us to provide the Building Services by failing to comply with any other provision in this Clause, and do not have a good reason for this, We may invoice you for any additional charges incurred as a result.

10. Liabilities

10.1  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.
10.2 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. 10.3 The contractor may employ both directly and sub-contract labour to work on site. Each individual contractor takes full responsibility for their own third-party liability. Plumbing sub-contractors are Gas-Safe registered and electricians are Part-P certified. The contractor will oversee all works to completion and takes full general and operational responsibility in the running of any contract agreed with the client.
10.5  Public and Employer’s Liability Insurance is provided up to the sum of £5,000,000 by AXA Insurance UK. All usual general building practices are covered within our insurance policy. A copy of this policy is available upon request.

Events Outside of Our Control(Force Majeure)

10.6 In the event of unforeseen difficulties arising, or any other circumstantial changes, the quotation price or estimated cost may be revised to reflect the situation at hand before or after commencement of work. Exact Design & Build Limited will not be held liable for any costs incurred as a result of delays due to unforeseen circumstances.
10.7 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 .
10.8  If any event described under this Clause occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
10.9  We will inform You as soon as is reasonably possible;
10.9.1  Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly
10.9.2  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;
10.9.3 In the unlikely event we need to fully 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, We will inform You as soon as is reasonably possible if such cancellation is necessary. We will refund any sums paid as soon as is reasonably possible, excluding any non-refundable deposit. 

11   Working arrangements

11.1 Agreed Times: All prices quoted are calculated on the basis of free and unimpeded access to site during normal working hours – 8am-5pm (however, access should be granted from 7am to 6 pm, Monday to Friday) unless otherwise agreed.
11.2 We may need to work on Saturday and/or Sunday/ Bank Holidays, but should this be required it will be agreed with the client beforehand.
11.3 Free and unimpeded access is required for the delivery of building materials, plant, machinery, skips and any other items deemed necessary to complete the works.
11.4 Both contractor and client will agree practical arrangements on working methods that provide minimum disruption to the client and allow work to be carried out efficiently by the contractor.
11.5 All building and other materials provided by the contractor, or their sub-contractors, remain the property of Exact Design & Build until full and final payment is received via bank transfer, cleared cheque or cash.
11.6  Unless otherwise agreed in a quotation (or other written document), surplus building and waste materials remain the property of Exact Design & Build or our sub-contractors or our suppliers.
11.7  After final payment, the client takes ownership of the materials used to carry out the work only.
11.8  Access to and collection of used or unused building materials, equipment and plant remains in place until full and cleared final payment is received.

12   Workmanship Guarantee

12.1 All customers will benefit from a full guarantee on our workmanship for a period of 12 months;
12.1.1 The 12 months applies to the date in which individual works were completed within a project timescale. For example, if a roof was constructed as part of an extension and then further internal works took place in the following months, the 12-month guarantee would start on the date that the roof was completed and cease 12 months from that completion date.
12.1.2 The 12-month guarantee ceases in entirety following 12 calendar months from the final invoice date.
12.2 the guarantee covers new build work only and does not apply to repair work, renovations, restorations, refurbishments, and alterations carried out unless agreed in writing before the start of any contract.
12.3 Repairs to buildings, roofs, infrastructure or any existing workmanship or related materials are not covered by our guarantee.
12.4 Guarantees on materials run in accordance with manufacturer's warranty periods where applicable.
12.5  Our guarantee covers all new work and new materials used in construction but does not guarantee the integrity of any existing structures, materials, or decorations.
12.6 Only New build structures are covered by our guarantee against water ingress. Ingress of water through existing structures are not covered by this guarantee.
12.7 Subsidence issues (for example, sinkage below slabs, subsidence below new or existing foundations or movement of foundations or floors) are not covered within our guarantee agreement.
12.7 In the event of a failure beyond the guarantee period we will arrange to investigate the cause and negotiate a solution to the problem (only if it is found that our company is wholly responsible for the failure) and carry out any agreed repairs as soon as possible. Charges may apply for remedial work carried out beyond guarantee dates or to items not covered by our guarantee.
12.8 Any issues, post project completion, must be notified to us in writing and we will aim to respond in a timely manner.
12.9 Decorations are signed off upon completion and are not covered by guarantee.

Other Important Terms

13  No responsibility is taken by the contractor for the presence of perished, infested, or rotten timber (or any other perished, rusty, infested, or rotten materials) in existing structures such as doors, constructional or other timbers, windows and frames whether detected or undetected at the time of contract.
14  Exact Design & Build will not be held responsible for the suitability of the existing boilers ability to provide for additional plumbing works. If the existing boiler is found to be unsuitable, this shall be discussed with the client and quotation raised to cover the remedial work.
15   Extras will only be undertaken further to full discussion with the client, and a written agreement (via email or invoice) constitute charges being accepted by the client.
16  Whilst we endeavour to protect existing surfaces (including, but not limited to, floors, carpets, curtains, doors, and furniture etc.) with the use of dust sheets, plastic sheeting along with care in our working practice, responsibility for protection from damage of any existing surface or fabrics is the responsibility of the client.
16.1  Arrangement can be made to put in place protection of existing surfaces, over and above our basic cover, at an additional cost.
17  We strongly recommend that our clients remove any expensive or sentimental items before work commences. If we are required to move furniture or other items to undertake our work, we will not be held responsible for any damage that may occur. We advise clients to keep all valuables and expensive items safe and secure for the duration of the works, as we cannot be held liable for any theft or loss.
18  It is our preference to wholly manage Architectural Planning, Listed Building Consent, Building Control Inspections, and other related issues concerning the Local Authority as part of our comprehensive design to build service. However, this responsibility will managed by the client, unless specifically agreed otherwise by in advance, and details of these arrangements should be confirmed to us in writing.
18.1 If the advice of Exact Design & Build is not taken regarding Planning, Listed Building Consent and Building Control the client is solely liable for any unpermitted alterations to their property and will be responsible for any costs or fines incurred.
18.2 Payment on completion of a contract is not reliant upon presentation of a Building Control Completion Certificate as delays are often likely due to Local Authority administration issues outside our control.
19 Discounts and retentions: Prices are based on the understanding that no retentions are held unless previously arranged and authorised. No main contractor or sub-contractor discounts are given unless agreed and confirmed in writing.
20 Builder's waste is deemed to be waste generated by the contractor whilst carrying out building works and includes materials taken down or demolished by the contractor. This material can be used by the contractor or client for hardcore or masonry infill etc. if suitable for the purpose.
20.1  All on site or roadside skip contents remain the property of Exact Design & Build until collection by the skip company.
20.2  Skips should not be used for additional waste by the client, as they are requested as calculated for the capacity required. There will be an additional charge for overloading skips with surplus materials not relating to the agreed works.
21 We will endeavour to employ a helpful attitude at all times and will always attempt to bring any building work to a satisfactory conclusion as soon as possible whilst taking into account adverse weather conditions, availability of specialist materials and unforeseen circumstances.
22 All client information is retained in accordance with the Data Protection Act 2018 and all personal and other client details will remain confidential. We will only use Your personal data as set out in Our GDPR and Privacy Policy available from www.exactdesignbuild.co.uk
23 Exact Design & Build take conduct photography and videography showcasing the progress of our projects. We reserve the right to use these pictures in our portfolio of work, on our website and on various social media platforms for marketing and information purposes. Please inform us in writing, before commencement of work, if you do not give permission for these items to be published.
24 Exact Design & Build reserves the right to terminate an agreed contract if the client is in breach of any of these Terms and Conditions. All monies owed will be recovered.
25 We may from time to time change these Terms and Conditions without giving You notice, but We will use reasonable endeavour to inform You as soon as is reasonably possible of any such changes.26     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.
27 You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).
27.1.1 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 Agreement.
27.1.2  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.
27.1.3 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.

28 Regulations and Information


28.1.1 We are required by the Consumer Contracts(Information, Cancellation and Additional Charges) Regulations 2013 to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e., before You have accepted the Quotation) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and/or Estimation/Quotation for You to see, or We will make it available to You before you accept the Estimation/Quotation. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
28.1.2  As required by the Regulations: all of the information described in sub-Clause 28.1.1; and any other information which We give to You about the Building Services, or about Us or Our business which you take into account when deciding to accept the Quotation, or when making any other decision about the Building Services, will be a part of the terms of Our contract with You as a Consumer. Please ensure that you have carefully read and understood the above information. If you have any questions, we will be happy to answer them, and we look forward to working with you. We kindly request your acknowledgment of these Terms and Conditions via email to hello@exactdesignbuild.co.uk before an agreed project commences.
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