Terms & Conditions

Interpretation
1. 1. References to any statutory provision, authority, rule or code of practice shall be deemed to include the amended versions, replacements or successors of such.
Relationship between the Parties
1. The Client engages 3D Design and Build to provide the services specified in these terms and conditions and attached schedules.
2. No term of this agreement or course of dealings between the parties shall operate to make 3D Design and Build an employee or agent of the Client.
3. Neither party shall assign or transfer any of their rights, liabilities or obligations arising under this agreement without the prior written consent of the other party.
The Quotation
1. 3D Design and Build shall provide to the Client a proposal for the services to be provided (“the Quotation”) which shall set out:
  1. The services which 3D Design and Build will undertake for the Client.
  2. The date or time period within which the service will be performed.
  3. The prices which the Client shall be charged for the performance of the services including:
  4. Any fees which 3D Design and Build shall charge.
    1. Any disbursements or expenses which 3D Design and Build will require the Client to meet (including but not limited to the prices of materials).
    2. Any VAT or tax element which will be payable by the Client.
2. The Quotation shall be attached to these terms and conditions as a schedule and where a contract is entered into between 3D Design and Build and the Client, the Client will be deemed to have accepted the content of the Quotation in full.
3. 20% of overheads and profits will be added onto all our invoices.
The Services and the Time and Manner of their Delivery
1. 3D Design and Build will provide such services to the Client as are set out in the Quotation.
2. The services will be provided to the Client within the timeframe specified in the Quotation.
3. Time frames and dates of delivery are provided for guidance only and 3D Design and Build makes no guarantee that the services will be performed within the specified period. For the purposes of this agreement, time shall not be of the essence and 3D Design and Build shall not be liable for any loss or damage suffered by the Client as a result of the delivery of services being delayed or postponed for any reason.
Payments
1. All payments will have 20% VAT added unless specifically stated on the invoice.
2. The contract price is set out in the Quotation, which includes details of the charges which 3D Design and Build will make for labour, materials and plant as well as any taxes or additional costs or expenses or disbursements which 3D Design and Build may charge to the Client.
3. The intervals at which 3D Design and Build may invoice the Client in respect of the whole or an instalment of the contract price are set out in the Quotation.
4. Notwithstanding 5.1 and 5.2 above, 3D Design and Build may vary the contract price from the amount set out in the Quotation where he has provided services which are different or in addition to those set out in the Quotation either at the specific request of the Client or because he has been required to complete additional work which was not anticipated at the time the Quotation was made, or because of market fluctuations in the price of materials. Any and all changes must be agreed in writing in advance by both parties.
5. The Client agrees:
  1. Not to withhold any sums due to 3D Design and Build.
  2. To settle all invoices raised by 3D Design and Build within 7 days.
  3. To pay to 3D Design and Build interest at a rate of 5 percentage points per annum above the Bank of England base rate on any payments which are not settled in accordance with section 5.4(b).
  4. To pay to 3D Design and Build such costs and expenses as he may incur in recovering payment from the Client where the Client fails to make payment in accordance with these terms and conditions.
Cancellation
1. In accordance with the Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc. Regulations (2008) the Client may cancel this contract within 14 calendar days “cooling off period” of signing this agreement (or within whatever extended period 3D Design and Build may specify in the Quotation) and shall be entitled to a full refund of any monies paid to 3D Design and Build, less an amount representing any reasonable administration costs which 3D Design and Build has incurred.
2. Any cancellation outside this period will not entitle the Client to a refund of any monies paid.
3. Cancellation of the contract after the 14 day “cooling off period” will be subject to the Termination Terms and Conditions (See Section 11).
Client’s Obligations
1. The Client shall be responsible for the correctness of all measurements for products or materials which he gives to 3D Design and Build. Where these measurements are not correct and accordingly materials or products which are ordered or provided by 3D Design and Build are the wrong size, the Client shall bear the expense of rectifying this.
2. The Client shall co-operate with 3D Design and Build as may be necessary to facilitate this agreement, including but not limited to:
  1. Permitting 3D Design and Build access to the property or location in which the services are to be supplied (“the Site”) and assuring that such access is appropriate and adequate.
  2. Where the Site is indoors, ensuring that there is adequate ventilation.
  3. Providing for 3D Design and Build such facilities as may be necessary in order to allow him to complete the services.
  4. Following 3D Design and Build’s reasonable Instructions relating to safety and the state of work which has recently been completed by 3D Design and Build or is in the process of being completed or to the state of the Site in general, including directions and restrictions on appropriate usage, care and maintenance.
3. Unless the Quotation specifies otherwise, the Client will be responsible for any cleaning and redecorating as necessary to the Site after 3D Design and Build has completed the agreed services (with the exception of the removal of waste materials or building rubble, which shall be the responsibility of 3D Design and Build as set out in 8.4, below).
4. Where 3D Design and Build stores or keeps any materials or equipment on Site, the Client shall be responsible for the security and safety of such and shall account to 3D Design and Build for any loss or damage.
5. The Client shall be responsible for any permissions, licences or consents which are necessary in order for the services to be provided. The Client warrants that he has applied for and obtained all such necessary permissions, licence or consents prior to contracting 3D Design and Build.
Supplier’s Obligations
1. 3D Design and Build shall perform all duties, services and obligations under this contract with reasonable care and skill and to a reasonable standard. He shall comply with all relevant codes of practice and statutory or regulatory requirements.
2. 3D Design and Build shall take all reasonable care with the Client’s property, including taking reasonable steps to protect the Client’s furnishings, fittings, wall, ceiling and floor coverings during the provision of the services.
3. 3D Design and Build shall at all times be registered and remain in good standing with such organisations as may be relevant for the purposes of permitting him to self-certify the compliance of the services provided with the relevant building regulations or alternatively if he is not so accredited then he shall make arrangements for a building inspector to certify the compliance of the services provided with the relevant building regulations.
4. 3D Design and Build shall be responsible for managing and arranging the safe and lawful disposal of any waste materials which are generated or removed from the Client’s property as a result of the provision of the services.
5. 3D Design and Build shall at all times hold valid employer and public liability insurance policies.
Property Rights and Assumption of Risk
1. Any property rights, title or ownership in any property or materials which are used by 3D Design and Build in providing or delivering the service shall remain with 3D Design and Build until the Client has made payment in full in accordance with these Terms and Conditions.
2. Risk in and responsibility for any products or materials which are used in the supply, performance or delivery of the services shall pass from 3D Design and Build to the Client:
3. Where 3D Design and Build is responsible for delivering the products or materials to the Client, upon delivery; or
4. Where 3D Design and Build is not responsible for delivery, at the moment the products or materials leave 3D Design and Build’s storage premises.
The Guarantee
1. 3D Design and Build provides to the Client, in addition to any statutory rights which the Client may have, a guarantee that the services provided under this contract shall be free from defective or flawed materials or workmanship for a period of 3 years from the completion of the services, notwithstanding that this guarantee shall not apply to:
  1. Defects or flaws which are as a result of any misuse, failure to adequately and properly maintain, neglect or failure to follow Instructions or recommendations on the part of the Client.
  2. Any defect or flaw which is caused by mechanical or chemical damage (which is not in itself a result of some defect in the workmanship or materials) and which arises after risk in the property has passed to the Client.
2. 3D Design and Build shall, at their sole discretion, determine the manner in which he will satisfy this guarantee, whether by repairing, re-performing or replacing the services or by refunding to the Client all or part of the monies which have been paid.
3. Where the Client considers that the services are defective upon delivery or performance then he shall notify 3D Design and Build of this within 30 days, failing which he shall not be entitled to claim the benefit of this guarantee.
4. This guarantee shall not become effective until the Client has paid 3D Design and Build in full, failing which the Client shall not be entitled to claim the benefit of this guarantee.
Termination
1. This agreement shall continue until the services (or any mutually agreed addition, extension or variation thereof) have been provided, or until terminated in accordance with the below.
2. Without prejudice to the above the employment of 3D Design and Build under this Agreement may be terminated immediately where any of the following circumstances arise:
  1. Either party commits a serious breach or persistent breaches of this agreement including but not limited to the non-performance, neglect or default of any of their duties as outlined herein (including a failure on the part of the Client to make payment within agreed timescales) and after notice of this breach has been given to the defaulting party it remains unresolved and not rectified 7 days after such notice.
  2. Either party commits a breach of this agreement which cannot be remedied.
  3. Either party becomes insolvent or enters into a CVA or IVA or ceases to carry on the whole or substantially the whole of its business.
3. Upon termination of the employment of 3D Design and Build under this agreement the Client shall pay to 3D Design and Build such sums, detailed in this section, as may represent work done and expenses incurred up to and including the date of the termination. The amount owed to D Design and Build will be the greater of:
  1. 35% of the total contract value less any payments made by the customer; or
  2. Expenses incurred by 3D Design and Build after the last payment made by the customer, details of all expenses will be provided on written request, that will include but not be limited to:
    1. Staff wages
    2. Drawings and amendments to drawing costs
    3. Legal costs
    4. Costs incurred due to changes agreed by both parties
    5. Expenses such as scaffolding, skip and other tool hire etc.
    6. General overheads, management fees, project management fees, telephone calls etc.
4. Clause 11.3 will also apply when the client terminates the contract after delaying the agreed start date by more than 2 weeks and then terminates the contract.
5. Any right to terminate the employment of 3D Design and Build under this agreement shall be without prejudice to any accrued rights or liabilities arising out of this agreement which are in existence at the date of termination.
Disclaimers and Exclusions
1. 3D Design and Build shall not be responsible in any circumstances to the Client or any third party for any loss of profit or indirect or consequential economic damage or loss, howsoever caused, whether as a result of negligence, misrepresentation, breach of contract or otherwise.
2. Nothing in the foregoing shall be read as restricting or limiting in any way 3D Design and Build’s liability for death or personal injury.
Indemnity
1. The Client shall indemnify 3D Design and Build against any loss or damage which results from the Client’s breach of this agreement or failure to abide by any of its terms.
Force Majeure
1. Neither party shall be liable for any delay or failure in performing its obligations or duties under this agreement which results from circumstances outside his reasonable control including but not limited to acts of God, industrial action, war, fire, threat of terrorism, civil disturbance or rioting, government or regulatory action, breakdown in plant or machinery or shortage of raw materials or supplies.
Warranty of Contractual Capacity
1. Both parties and the signatories to this agreement warrant that they are authorised and permitted to enter into this agreement, and have obtained all necessary permissions and approvals.
Whole Agreement, Governing Law, Severability and Miscellaneous Provisions
1. This document constitutes the entirety of the agreement between the parties. It supersedes any prior representations which may have been made, whether orally or in writing. Any modification to this agreement must be made in writing and signed by both parties.
2. This Agreement shall be governed by the Law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
3. All clauses, sub clauses and parts thereof shall be severable and shall be read and construed independently. Should any part of this Agreement be found invalid this will not affect the validity or enforceability of any other provision or of this agreement as a whole.
4. All terms, conditions and covenants contained in this agreement shall bind the parties and their heirs, legal representatives, successors to title and permitted assignees.
5. Nothing in these terms and conditions shall incur any rights on a third party and no third party may enforce any provision of this contract under the Contracts (Rights of Third Parties) Act.
6. The failure by either party to enforce any provision of this agreement shall not be deemed a waiver or limitation of that party’s right to subsequently compel and require strict compliance with every provision of this agreement.

These Building Contract Terms and Conditions are to be read in conjunction with the 3D Design and Build Building Contract.