Damone Group Work Terms and Conditions
1. Parties, Definitions and Interpretation
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 Damone Group Ltd known as Damone Group or, as the case may be a subcontractor instructed by Damone Group. The terms will be signed by the customer and will be an agreement between the customer and Damone Group that agreement, “works” means the works described in Damone Group estimate and/or as referred to in Damone Group schedule sheet or any other document or email issued or letter served or hand delivered. For the purposes of these terms, “in writing” and “written” include by email and any electronic device. An agreement will not be legally binding if sent by a mobile phone, wattsapp, all agreements must be in writing signed.
2. Estimates
All estimates supplied to the customer by Damone Group, all orders and instructions given by the customer, and all work authorisations, are governed by these terms. Any variations to works to include materials, designs, must be in writing and must be signed by both the customer and or an authorised employee of Damone Group. Both the customer and Damone Group at the start of any works must agree any variations. The customer acknowledges that Damone Group has not made any representations other than in writing to the customer of which both parties must sign and agree stated in the contract and/or in Damone Group estimate with both the customer and the Damone Group to agree and sign. The customer is legally bound by the contract. No third parties unless agreed with Damone Group and the customer will have any rights to vary the contract between Damone Group and the customer.
3. Contract price, any variations
Damone Group will provide the customer with a written estimate, which is accepted by the customer in accordance with Damone Group terms.
Any estimate provided by Damone Group is subject to withdrawal at any time before receipt of acceptance from the customer and shall be deemed to be withdrawn unless so accepted within 28 days from its date.
Where Damone Group provides the customer with an estimate, which is accepted by the customer in accordance with its terms, that estimate is a fixed price quotation unless otherwise specified by Damone Group in the estimate unless the following;
An estimate is based on the information made available to the representative of Damone Group by the customer. If during the works it becomes apparent to Damone Group that that information was either incorrect or insufficient or not provided truthfully, in any respect that Damone Group considers to be deemed as having not been disclosed at the time of the estimate, Damone Group reserves the right to inform the customer and to increase the estimated price to take account of the revised information; and
If prior to carrying out the works, there is an increase to Damone Group of more in the cost of any materials or other items, plant hire or transport costs since the date upon which the Damone Group initial estimate was submitted to the customer and signed by both parties Damone Group reserves the right to inform the customer and to provide a revised estimate. The revised estimate will have to be signed by both parties i.e. the customer and Damone Group before the commencement of any works.
Title of goods and payment
Where the customer is represented by a third party a property managing agent, tenant or other occupier, contractor or other, the works will only be undertaken if the home owner of the property signs Damone Group’s terms and conditions. In the event of non-payment by the customer, the third party will be responsible for payment unless Damone Group has agreed otherwise in writing. Damone Group payment terms are strict, we require
25% initial deposit (this may vary depending on scale of the job)
45% After 1st fix
30% Completion of works
Damone Group will not supply or issue whatsoever any certificates, guarantees or documents regarding the works carried out until payment has been made in full.
Title of all parts, materials, and any other items supplied by Damone Group shall not pass to the customer, and will remain the sole property of Damone Group until payment for the works has been made in full.
Commencement and Completion Dates
Dates specified for the commencement and completion of the works is estimates only. Damone Group shall use all reasonable endeavours to ensure that it will attend on the date and time agreed. However, Damone Group accepts no liability in respect of non-attendance or late attendance on site or for the late or non-delivery of any materials, or other. Every endeavour will be made to make sure times and estimated times are adhered to but Damone Group will not be responsible for any delays.
Permits, and or licenses
It is the sole responsibility of the customer to obtain all permits; licences and other consents in connection with the works carried out. Damone Group will only commence works once we have had sight of the relevant documents.
The customer will at all times provide a safe working environment for Damone Group and its employees, agents and sub-contractors, Damone Group will not work if safety on site has not been complied with, we will advise the client of health and safety.
The customer will provide all necessary power and water for use on the premises. If works are to be carried out and children are at the dwelling, then an appropriate adult must be present at all times.
All personal items must be removed from the work areas prior to works starting; this will be at the customer’s own expense. Damone Group will not be held responsible for any breakages or loss whatsoever.
Any parking fees, parking permits, travel permits eg: Congestion charges will be added onto final bill. Clients must provide permits prior to commencmenet of works.
Complaints Procedure Damone Group
The customer shall inspect the works as far as it is reasonably possible to do so immediately upon their completion. All complaints must be in writing or email and served on Damone Group within 14 days of completion of said works.
Defects
Damone Group undertakes to repair or make good any defect on completed work, within 3 months of completion of the same to the extent that such defect arises from a breach of Damone Group’s obligations under the contract. This will be specific to the original specification of works sheet that is signed by both Damone Group and the customer. Any variation to the original works and agreement Damone Group, will not be liable in anyway. Damone Group will not be liable for any works carried out by third parties, a breakdown of manufactures parts, unreported items, out of warranty items, misuse by the customer or any third party, any structural defects that have arisen, negligence caused by the customer or third party or drainage problems, and or any works that were not agreed and signed for by both the customer and a representative of Damone Group.
Damone Group cooling off period prior to works
The customer will be entitled to a 14 day cooling off period, this must be in writing either by email, or letter, service will not be accepted on text, wattsapp or any other communication means.
Variation and Waivers
There will be no variation to this agreement our terms and conditions are final and can only be varied if it is agreed by both the customer and a representative of Damone Group this can only be carried out prior to any works commencing, and must be in writing by way of service in email, or hand written.