Legal Notice

Name of company 
Taylor Construction Management Ltd

Registered office 
4 Staffick Close, Kenton, Devon, EX6 8NS 

Contact details 
07917203398

Company registration No. 
13475725 

VAT no. 
387 216 082 

Terms and Conditions

1. Application

1.1 These Terms and Conditions shall apply to the provision of the services

detailed overleaf (“Services”) by Taylor Construction Management Ltd [a

company registered in England under number 13475725 whose registered office

is 2 Barnfield Crescent, Exeter (“Supplier”) to you (“Client”) and to the payment of

the invoice. No other terms and conditions shall apply to the provision of

Services or to the invoice unless agreed upon in writing between the Supplier

and the Client.

1.2 The essence of these Terms and Conditions remains the same as those

included with the Supplier’s quotation. The tense has been altered to reflect the

inclusion of these Terms and Conditions in an invoice.

1.3 These Terms and Conditions will form part of the Joint Contracts Tribunal

document signed by both parties before commencement of the project.

2. Interpretation

2.1 A “business day” means any day other than a Saturday, Sunday or bank

holiday.

2.2 The headings in these Terms and Conditions are for convenience only and

shall not affect their interpretation.

2.3 Words imparting the singular number shall include the plural and vice-versa.

3. Services

3.1 With effect from the provisional commencement date stated in the quotation

and in consideration of the Fees being paid in accordance with these Terms and

Conditions, the Supplier shall provide the Services to the Client.

3.2 The Supplier shall use reasonable care and skill in its performance of the

Services and shall ensure compliance with any and all relevant codes of practice.

3.3 The Supplier shall use its best and reasonable endeavours to complete its

performance of the Services within the time agreed as set out in the quotation;

however time will not be of the essence in the performance of these obligations.

3.4 The Client accepts disruption to services caused by weather, manufacturer,

suppliers or trades may cause delays to the project and therefore The Client will

be liable for additional costs incurred.

4. Client Obligations

4.1 The Client shall use its best and reasonable endeavours to provide the

Supplier with access to any and all relevant information, materials, properties

and other matters which are required to enable the Supplier to provide the

Services.

4.2 The Client shall use its best and reasonable endeavours to acquire any

permissions, consents, licences or other matters which are required to enable

the Supplier to provide the Services.

4.2 The Supplier shall not be liable for any delay or failure to provide the

Services where such delay or failure is due to the Client’s failure to comply with

the provisions of this Clause 4.

4.3 The Client accepts additional costs may be incurred should The Supplier be

required to communicate and take action on behalf of The Client for items related

to architect, structural engineer, environmental and local authority professions

but not limited to these.

5. Fees

5.1 The Client may be required to pay a deposit (“Deposit”) either at the time of

accepting the quotation or prior to commencement of work, staged payments

may also be requested and will be due 7 days from the date of invoice.

5.2 If the Client does not pay the Deposit or staged payment to the Supplier in

accordance with sub-Clause 5.5 the Supplier shall have the right to withhold

provision of the Services and goods until the Deposit or staged payment is

received or may terminate in accordance with Clause 9.

5.3. The Deposit shall be non-refundable unless the Supplier fails to provide the

Services and is at fault for such failure (where the failure is not the fault of the

Supplier, no refund shall be made).

5.4 The fees (“Fees”) for the Services are set out in the quotation and confirmed

in the invoice, Project Management fees are £35 per hour plus travelling time

and mileage at 45pence per mile, other fees vary dependent upon trade.

5.5 In addition to the Fees, the Supplier is entitled to recover from the Client

reasonable incidental expenses for materials used and for third party goods and /

or services supplied in connection with the Services.

5.6 The Client has agreed to pay the Supplier for any additional services

provided by the Supplier that are not specified in the quotation in accordance

with the Supplier’s current, applicable £35 per hour rate in effect at the time of

performance or such other rate as may be agreed between the Supplier and the

Client. Any such additional services so rendered are detailed and charged for in

the additional invoice issued to The Client.

5.7 The Fees are exclusive of any applicable VAT and other taxes or levies which

are imposed or charged by any competent authority.

5.8 The markup of labour, materials and all services provided will be at the rate

of 20%.

5.9 The goods and materials supplied remain the property of The Supplier until

paid for in full by The Client. The Supplier therefore has the right to remove any

uninstalled materials, supplies or equipment from the property if The Client fails

to pay invoices within 7 days. The Client acknowledges and grants access to the

property by The Supplier while invoices remain unpaid and accepts The Supplier

will remove uninstalled goods, equipment, tools and materials while invoices

remain unpaid.

6. Quotation, Estimate, Contract and Variation

6.1 The quotation constitutes written acceptance and confirmation by the

Supplier of the Client’s order for the Services (as agreed between the Supplier

and the Client).

6.2 Having issued the quotation which is a contractual offer to provide the

Services, the Supplier agrees to enter into a contract for the provision of Services

upon the Client’s written acceptance of the quotation and of these Terms and

Conditions.

6.3 The quotation is valid for a period of 30 days only from the date shown

overleaf unless expressly withdrawn by the Supplier at an earlier time.

6.4 Either the Supplier or the Client may cancel the order for any reason prior to

the Client’s acceptance (or rejection) of the quotation.

6.5 If the Client wishes to vary any details of the Services it must notify the

Supplier in writing as soon as possible. The Supplier shall endeavour to make

any required changes and additional costs shall be invoiced to the Client.

6.6 If, due to circumstances beyond its control, the Supplier has to make any

change in the Services or the arrangements relating to the provision thereof, it

shall notify the Client immediately. The Supplier shall endeavour to keep any

such changes to a minimum and shall seek to offer the Client arrangements as

close to the original as is reasonably possible in the circumstances.

7. Payment

7.1 Following the Client’s acceptance of the quotation, the Supplier shall invoice

the Client for the Fees either:

(a) upon completion of its provision of the Services; or (b) on the invoice dates

set out in the quotation, or as staged payments to maintain cashflow.

7.2 The Client shall pay the Fees due under the invoice within 7 days of the date

of the invoice or otherwise in accordance with any credit terms agreed between

the Supplier and the Client.

7.3 Time for payment is of the essence of the contract between the Supplier and

the Client.

If the Client fails to make payment within the period in sub-Clause 7.1, the

Supplier shall charge the Client interest at the rate of 8% above the Bank of

England base rate from time to time on the amount outstanding until payment is

received in full. The supplier shall in addition, make an administration charge of a

minimum of £75.00 for each notification issued regarding late payment.

7.4 If the Client fails to make payment within the period in sub-Clause 5.1, the

Supplier shall have the right to suspend the provision of the Services (where the

provision of the Services is ongoing) until payment is received in full.

7.5 Receipts for payment will be issued by the Supplier only at the Client’s

request.

8. Sub-Contracting

8.1 The Supplier shall be free to sub-contract the provision of the Services (or

any part thereof).

8.2 Where the Supplier sub-contracts the provision of the Services or any part

thereof it shall ensure that any and all sub-contractors are reasonably skilled in

the relevant practices and shall not pass any additional charges that may be

incurred through the use of such sub-contractors on to the Client.

9. Termination

9.1 The Supplier may terminate the provision of the Services immediately if:

(a) the Client commits a material breach of its obligations under these Terms and

Conditions; or

(b) the Client is or becomes the subject of a bankruptcy order or takes advantage

of any other statutory provision for the relief of insolvent debtors.

9.2 In such event The Supplier will invoice The Client for all labour, materials,

equipment, hire for all items supplied or to the date they are removed from site

as well as charges for losses The Supplier may incur due to the cancellation of

the contract. The invoice will be raised at cost plus markup of 20%.

10. Intellectual Property

The Supplier reserves all copyright and any other intellectual property rights (if

any) which may subsist in the products of, or in connection with, the provision of

the Services. The Supplier reserves the right to take such action as may be

appropriate to restrain or prevent the infringement of such intellectual property

rights.

11. Liability and Indemnity

11.1.1 If the Supplier fails (or has failed) to perform the Services with reasonable

care and skill it shall carry out all required remedial action at no additional cost to

the Client.

11.2 The Supplier shall not be liable to the Client or be deemed to be in breach of

these Terms and Conditions by reason of any delay in performing, or any failure

to perform, any of the Supplier’s obligations if such delay or failure is due to any

cause beyond the Supplier’s reasonable control.

11.3 The Client shall indemnify the Supplier against all damages, costs, claims

and expenses suffered by the Supplier arising from any loss or damage to any

equipment (including that belonging to third parties) caused by the Client.

12. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations

where such failure or delay results from any cause that is beyond the reasonable

control of that party. Such causes include, but are not limited to: power failure,

Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms,

earthquakes, acts of terrorism, acts of war, governmental action, pandemic or

any other event that is beyond the control of the party in question.

13. Communications

13.1 All notices under these Terms and Conditions shall be in writing and signed

by, or on behalf of, the party giving notice

13.2 Notices shall be deemed to have been duly given:

(a) when delivered, if delivered by courier or other messenger (including

registered mail) during the normal business hours of the recipient;

(b) when sent, if transmitted by fax or email and a successful transmission report

or return receipt is generated;

(c) on the fifth business day following mailing, if mailed by national ordinary mail;

13.3 All notices under these Terms and Conditions shall be addressed to the

most recent address, email address or fax number notified to the other party.

14. No Waiver

14.1 No waiver by the Supplier of any breach of these Terms and Conditions by

the Client shall be considered as a waiver of any subsequent breach of the same

or any other provision.

14.2 No failure or delay on the part of either the Supplier or the Client to exercise

any right, power or privilege under these Terms and Conditions shall operate as

a waiver of, nor shall any single or partial exercise of any such right, power or

privilege preclude, any other or further exercise of any other right, power or

privilege.

15. Severance

In the event that one or more of these Terms and Conditions is found to be

unlawful, invalid or otherwise unenforceable, that / those provisions shall be

deemed severed from the remainder of these Terms and Conditions (which shall

remain valid and enforceable).

16. Consumer Rights

Nothing in these Terms and Conditions shall affect the Client’s statutory rights as

a consumer.

17. Law and Jurisdiction

17.1 These Terms and Conditions (including any non-contractual matters and

obligations arising therefrom or associated therewith) shall be governed by, and

construed in accordance with, the laws of England and Wales.

17.2 Any dispute, controversy, proceedings or claim between the Seller and the

Buyer relating to these Terms and Conditions (including any non-contractual

matters and obligations arising therefrom or associated therewith) shall fall within