Terms & Conditions

Terms and Conditions of Contract

Definitions

1.1 "Company" means [Premsafe (South) Limited Name on the quotation].

1.2 "Client" means the purchaser of the Works.

1.3 "Contract" means the agreement formed by acceptance of the Company’s quotation subject to these Terms.

1.4 "Works" means the goods, services and/or construction operations provided.

1.5 "Application for Payment" means a payment application submitted by the Company.

 

Entire Agreement and Precedence

2.1 These Terms apply to all Contracts and supersede any Client terms.

2.2 No other conditions apply unless agreed in writing by a director of the Company.

2.3 The Contract represents the entire agreement between the parties.

 

The Works

3.1 The Company undertakes only the scope set out in its quotation.

3.2 No fitness-for-purpose or design liability is accepted.

3.3 All drawings, documents and methodology remain the property of the Company and may not be used or disclosed without written consent.

 

Commencement and Completion

4.1 Dates are indicative only; time is not of the essence.

4.2 The Company shall not be liable for any delay or failure caused by events beyond its control including but not limited to adverse weather, labour disputes, supply shortages, strikes, acts of government, or third-party actions.

4.3 Delays or disruption caused by the Client or their team entitle the Company to additional time and costs.

4.4 Practical completion shall not be deemed to have occurred until the Company has received full payment of all sums due under the Contract.

 

Variations

5.1 No variation is valid unless confirmed in writing by the Company.

5.2 Variations shall be valued by the Company’s rates, dayworks, or a fair valuation at the Company’s discretion.

5.3 The Client may not omit Works to give them to others without the Company’s consent.

 

Payment

6.1 Applications for Payment may be submitted by the Company at any time and shall reflect the value of the Works carried out to the date of the Application.

6.2 Each Application for Payment shall constitute an invoice for the Works and no separate invoice shall be issued.

6.3 The due date for payment shall be the date of the Application for Payment.

6.4 The final date for payment shall be 30 days from the due date.

6.5 The timing of Applications for Payment shall be at the sole discretion of the Company and shall not be subject to any Client valuation dates, payment cycles, or internal processes.

6.6 The Client shall not be entitled to withhold, set off, or make any deduction from any payment due to the Company unless required by law.

6.7 No retention shall apply under this Contract.

6.8 If payment is not received by the final date for payment, the Company may suspend the Works and/or terminate this Contract in accordance with its statutory and contractual rights, charge interest at 8% above the Bank of England base rate, and recover all statutory compensation and debt recovery costs.

6.9 No operation and maintenance manuals, warranties, guarantees, certificates, or other documentation shall be released to the Client until the final Contract Sum has been paid in full.

6.10 All Contracts are subject to a credit check on the Client. If the Client fails a credit check or is deemed a credit risk, the Company reserves the right to amend payment terms, require payment in advance, or impose other security for payment as a condition of proceeding.

 

Loss and Expense

7.1 The Company is entitled to recover all loss, expense, overheads and profit resulting from any delay, obstruction, or disruption caused by the Client, their consultants, or third parties. Omission of work given to others shall give right to the Company for loss of profit, being 25% of the value of the omitted work.

 

Defects

8.1 The Company’s liability to make good defects is limited to a period of one month from completion and only applies where the Client has paid all sums due under the Contract.

8.2 The Company is only liable for defects caused by failure to exercise reasonable skill and care.

8.3 The Company is not liable for defects caused by the Client’s design, specification, or materials.

 

Title and Risk

9.1 Risk in the goods passes to the Client on delivery and / or when vested off site

9.2 Title remains with the Company until payment is received in full.

 

Insurance

10.1 The Company maintains employer’s and public liability insurance.

10.2 The Client must insure the Works, the site, and existing structures.

 

Suspension and Termination

11.1 The Company may suspend or terminate immediately if:

(a) payment is not made by the final date;

(b) the Client fails a credit check and refuses revised payment terms;

(c) the Client fails to provide access or necessary information;

(d) the Client commits a material breach not remedied within 7 days; or

(e) the Client becomes insolvent.

11.2 On suspension or termination, the Company is entitled to payment for all Works carried out, materials ordered, costs incurred, and loss of profit at 25% on the remaining value of the Works.

11.3 All obligations of the Client to make payment survive termination of the Contract.

 

Liability

12.1 The Company’s liability is capped at the lesser of the Contract sum or the value recoverable under insurance.

12.2 The Company is not liable for consequential or indirect losses, loss of profit, delay damages, or any design liability unless expressly agreed in writing.

 

Dispute Resolution

13.1 Any dispute may be referred to adjudication under the Construction Act.

13.2 Unless otherwise agreed, the adjudicator shall be nominated by the RICS.

13.3 This Contract is governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.

 

General

14.1 No waiver to the terms is effective unless in writing.

14.2 The Company may subcontract or assign the Works.

14.3 The Client may not assign without the Company’s consent.

14.4 No third party has rights under the Contracts (Rights of Third Parties) Act 1999.

14.5 If any provision is unenforceable, the remainder shall remain in force.

 

Terms and Conditions of Website

Terms and conditions of use

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions) and  PREMSAFE LIMITED, the owner and operator of this website. Please read these terms and conditions carefully as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by  PREMSAFE LIMITED and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services  PREMSAFE LIMITED and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.


Intellectual property and acceptable use

  1. All content included on the Website, unless uploaded by Users, is the property of  PREMSAFE LIMITED, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, audio, video, software, data compilations, page layout, underlaying code and software an any other form of information capable of being stored in a computer that appears on or forms part of this website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owners’ prior written permission.
  2. You may, for your own personal, non-commercial use only, do the following:
    1. Retrieve, display and view the Content on a computer screen
  3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of  PREMSAFE LIMITED.

 

Prohibited use

  1. You may use the Website for any of the following purposes:
    1. In any way which causes, or may cause, damage to the Website or interferes with any other persons use or enjoyment of the Website;
    2. In any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
    3. Making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.


Registration

  1. You must ensure that the details provided by you on registration or any time are correct and complete.
  2. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
  3. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
  4. You may cancel your registration at any time by information us in writing to the address or the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.

 

Links to other websites

  1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of  PREMSAFE LIMITED or that of our affiliates.
  2. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
  3. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

 

Privacy Policy and Cookies Policy

  1. Use of the Website is also governed by our Privacy and Cookies policy, which are incorporated in to these terms and conditions. To view the Privacy Policy and Cookies Policy please click on the following [link].

 

Availability of the Website and disclaimers

  1. Any online facilities, tools, services or information that  PREMSAFE LIMITED makes available through the Website (the Service is provided ‘as is’ and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.  PREMSAFE LIMITED is under no obligation to update information on the Website.
  2. Whilst  PREMSAFE LIMITED uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
  3. PREMSAFE LIMITED accepts no liability for any disruption or non-availability of the Website.
  4. PREMSAFE LIMITED reserves the right to alter, suspend, or discontinue any part (of the whole of) the Website including, but not limited to, any products and/or services available. Those terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

 

Limitation of liability

  1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
  2. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
  3. To the maximum extent permitted by law,  PREMSAFE LIMITED accepts no liability for any of the following:
    1. Any business losses, such as loss of profits, income, revenue, anticipated savings, contracts, good will or commercial opportunities;
    2. Loss or corruption of any data, database of software;
    3. Any special, indirect or consequential loss or damage.

 

General

  1. You may not transfer any of your right sunder these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
  2. These terms and conditions may be varied by use from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
  3. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
  4. The Contracts (Rights or Third Parties) Act 1999 shall not apply to these terms and conditions and no third part will have any right to enforce or rely on any provision of these terms and conditions.
  5. If any court to competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
  6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
  7. This agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including no-contractual disputes or claims shall be subject to the exclusive jurisdiction of the English and Welsh courts.