General Terms and Conditions
1. Parties, Definitions and Interpretation
1.1 In these terms and conditions (which are referred to in this document as “these terms”), “Customer” means the customer for whom the Works are to be carried out by Chaboun Construction Services. ‘Chaboun’ means Chaboun Construction Services Ltd. “Contract” mean the agreement between the Customer and Chaboun to carry out the Works of which these terms form a part and (where these terms are a schedule to a signed agreement between the Customer and Chaboun (“the Agreement”)) the Agreement, “Works” means the works described in Chaboun’s estimate or Quotation and/or as referred to in Chaboun’s Visit Report or any other document or email issued by Chaboun, as may be varied by agreement in writing between the parties. For the purposes of these terms, “in writing” includes by email and any document which is set out in a hand held device and any signature on a hand held screen shall be treated as in writing. In these terms words importing the masculine gender also include the neuter and the feminine gender and words importing the singular number include also the plural number, where the context so requires.
2. General Terms
2.1 All estimates given by Chaboun, all orders and instructions given by the Customer, and all work authorisations, are governed by these terms. They supersede any other terms appearing elsewhere and override and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in the order or instructions or in any negotiations or in any course of dealing established between Chaboun and the Customer, except where these terms are a schedule to a signed Agreement between the Customer and Chaboun, in which event these terms apply only to the extent not inconsistent with that Agreement.
2.2 The Customer acknowledges that Chaboun has not made any representations (other than any expressly stated in the Contract and/or in Chaboun’s estimate) which have induced it to enter into the Contract and the Contract shall constitute the entire understanding between the Customer and Chaboun for the performance of the Works.
2.3 No modification to the Contract shall be effective unless made by an express written agreement or email exchange between the parties. The signing on behalf of Chaboun of any documentation of the Customer shall not imply any modification of the Contract. Nothing in this Contract is intended to confer on any person any right to enforce any term which that person would not have but for The Contracts (Rights of Third Parties) Act 1999. Accordingly, a person who is not a party to this Contract shall have no rights under that Act to enforce any of its terms, but this does not affect any right or remedy of such person which exists or is available apart from that Act.
2.4 Where the provision of the services cannot be completed within a day, you will allow Chaboun to leave any tools or materials at your property overnight or at any other times when it is not performing any services, if necessary.
2.5 Chaboun shall not be held liable for unavoidable damage caused, or any unforeseeable loss the customer or any other party may suffer as a result of the work carried out, nor shall we be liable for any loss of any nature which is not caused by our negligence or our breach of the terms and agreement between us.
2.6 For the avoidance of doubt, Chaboun shall have no responsibility or liability in relation to the following:
2.6.1 pre-existing wear and tear, damage, defects or faults in your property, its contents
2.6.2 Disruption to the services or damage to the property or belongings caused by third
2.6.3 Damage to the property, its contents or your belongings caused by faulty products, or belongings parties who are present on site during the performance of the services materials or equipment provided by you and used by Chaboun in the performance of the services.
2.7 Chaboun will always conduct a builders’ clean following works, please note however that this does not amount to a full domestic clean.
2.8 Cost of professional rubbish removal and disposal (if required) will be added to the final cost.
3. Price, Estimates and Variations
3.1 Unless Chaboun provides the Customer with an estimate which is accepted by the Customer in accordance with its terms, all Works will be charged on the basis of Chaboun’s standard Hourly rates applicable at the time the Works are carried out.
3.2 Any estimate provided by Chaboun is subject to withdrawal by Chaboun at any time before receipt of an unqualified acceptance from the Customer and shall be deemed to be withdrawn unless so accepted within 28 days from its date.
3.3 Where Chaboun provides the Customer with an estimate which is accepted by the Customer in accordance with its terms, that estimate is a firm, fixed price quotation unless otherwise specified by Chaboun in the estimate and also except as follows:
3.3.1 an estimate is based on the information made available to Chaboun by the
3.3.2 if prior to carrying out the Works, there is an increase to Chaboun of more than Customer. If during the conduct of the Works it becomes apparent to Chaboun that that information was either incorrect or insufficient in any respect that Chaboun considers to be material, Chaboun reserves the right to inform the Customer and to increase the estimated price to take account of the revised information, and 10% in the cost of any relevant materials, equipment hire or transport since the date upon which Chaboun’s estimate, written, emailed or oral, was provided, Chaboun reserves the right to inform the Customer and to provide a revised estimate incorporating that increase. In this event, the revised estimate will apply unless the Customer cancels the Contract before the Works are begun or, if earlier, within 48 hours of the revised estimate being provided.
3.4 For materials that are not carried as part of Chaboun’s standard stock, unless it is with respect to Works for which there is an estimate which includes all collection fees, Chaboun reserves the right to charge discretionary fees for supply of materials. Where an item is not easily sourced or generally held by the major suppliers used by Chaboun and it considers that significant time will need to be spent tracing and then collecting it, Chaboun will inform the Customer in advance and, unless the Customer sources the item itself, this will be charged on a time basis as per Chaboun’s standard Hourly Rates.
3.5 Estimates are valid for 30 days from submission date, after which Chaboun reserves the right to withdraw the current estimate and submit a revised version.
3.6 Quotations visits are free of charge, however Chaboun will only attend properties and assess works if they are expected to take at least 2 working days, otherwise an approximate cost will be suggested instead.
3.7 Chaboun’s Hourly Rates are available for inspection both on Chaboun’s website (www.chabounconstruction.com) and at Chaboun’s premises during normal business hours. There is a minimum charge of 30 minutes. After the first 30 minutes, charges are made by the half hour, rounded up to the next half hour.
3.8 For larger pieces of work, a payment plan and a contract will be drafted for approval following acceptance of the estimate. The terms and conditions of the contract supersede those contained within this document. For smaller works, the terms and conditions stated herein apply and payment terms shall be 50% prior to works commencing and 50% on practical completion of works.
4.1 When you make a booking enquiry by phone/email, or through the booking enquiry form on Chaboun website, you will be required to acknowledge that you have read and understood these terms.
4.2 Once the time and date for an appointment have been agreed on, availability has been confirmed and payment of the deposit has been made, you will be given a one hour arrival window.
4.3 Any cancellations or changes to bookings with regard to date and time must be made at least 24 hours in advance, in writing; otherwise, a cancellation fee applies. The customer has the responsibility to make sure that the Chaboun office has been notified with a clear statement and is aware of any changes.
4.4 Any date(s) mentioned in estimates/quotes either in writing or over the phone are guidelines only and we shall not be in breach of this agreement for failing to start or finish work by any date given in estimates/quotes.
4.5 If the services requested prove to take longer than estimated/quoted due to unforeseen events, you will be charged accordingly at a cost that is first confirmed with you. Unless the amended cost is confirmed, Chaboun will not proceed with the works.
4.6 Once the works are completed, the operative will ask the customer to assess the works carried out and sign the visit report, thus accepting that the job has been done to standard and indicating receipt of goods/materials purchased. The work report should not be treated as an invoice. The Chaboun office issues an official invoice, which is sent to you via email/post, as agreed beforehand, within 24 hours from completion of the works.
5. Work Guarantee
5.1 All work carried out by Chaboun is guaranteed against faulty workmanship under normal usage for a period of six months from the date on the visit report given after completion of the job. Note that this applies only to the work that we have undertaken and any direct snags. Should our work be damaged due to no fault of our own, this would not be covered under the guarantee
5.2 Notice will be given to the customer before any remedial work is carried out if an additional cost is to be incurred.
5.3 Any guarantees offered refer strictly to labour, in respect of faulty workmanship. The guarantee becomes null and void if the work completed is subject to misuse or negligence, repaired, modified or tampered with by any other person other than an official Chaboun operative.
5.4 Chaboun is not obliged to offer a guarantee. If after inspecting the work carried out, we consider we are unable to offer a guarantee, we shall notify you of the reasons accordingly.
6.1 Chaboun shall invoice the customer on completion of the job. The customer shall pay each invoice directly to Chaboun.
6.2 Payment can be made by cash, bank transfer or debit/credit card.
6.3 Chaboun reserves the right to request money on account when the cost of parts/materials exceeds £100 and/or the cost of labour exceeds £200 unless agreed in advance with Chaboun.
6.4 The customer shall pay all amounts due under the agreement in full without any deduction or withholding except as required by law and the customer shall not be entitled to assert any credit, set-off or counterclaim against Chaboun in order to justify withholding payment of any such amount in whole or in part.
6.5 If the total due is not paid immediately without Chaboun’s authorisation, we reserve the right to levy an administration charge of £40.00 per week. Where the total due is not paid by the customer within 5 days of the date of the completion of the works, in addition to the £40.00 administration charge, the customer must pay interest on the outstanding amount at the prevailing rate plus 4% per annum or pro rate per month or part of the month thereof and this rate shall apply both before and after the issue of any legal proceedings we may take against the customer to recover any unpaid amount.
6.6 Chaboun reserves all rights to acquire clients’ card details to secure measures in regard to last minute cancellations in accordance to our terms and conditions. This method is agreed during the booking arrangement, and details will be destroyed after payment and service completed.
7. Your obligations
7.1 Where access to your property is required, you will allow Chaboun to gain access to your property at the agreed dates and times when Chaboun will perform the services. If keys are provided, they must open and close all locks without any special effort. If the property is protected by an alarm, you must provide full details of how to disable and reset it. You agree to notify Chaboun if you provide the keys. If you require collection from agency and returning of the keys, you must give reasonable notice of this request (at least 24 hours). If the operative is unable to get access to the property on the agreed date and time that you have booked, you will be liable to pay £45.00.
7.2 You will be responsible (at your own cost) for preparing the property for the supply of the services, where necessary, making safe any appliances or equipment, removing (if you are able to) any items from the areas in the property where Chaboun will be performing the services, covering any items, furniture or fittings which you will not be moving, to protect them from dust or dirt, as well as for securing or removing any valuables, breakables or sentimental items by the date and time when Chaboun is due to commence the works.
7.3 You shall provide at your expense, clear access to the work area, all necessary electricity/water supplies that might be required to enable the operative to carry out the work. Additional charges might apply otherwise.
7.4 Parking for the duration of the work is to be arranged by the client and is for the client’s own account, unless otherwise stated on our estimate.
8. If there is a problem with the services:
8.1 Please contact Chaboun either by phone or email and explain the issue as soon as possible. Give as many details as possible regarding the issue, including pictures, where necessary.
8.2 Please allow Chaboun a reasonable opportunity to investigate the problem and, if Chaboun was at fault, arrange to correct the problem
8.3 If Chaboun was at fault, it will use every effort to correct problems as soon as reasonably practicable