All areas in red should be completed by yourself as appropriate to the quotation being given to your client
Quote reference: xxxxxxxx
[Client Name(s)]
[Client Address]
[Date]
Dear [insert Client Name(s)]
[Property address]
Further to our meeting on [date] I am pleased to offer to undertake the following construction works on your behalf subject to my Terms of Business [include these with the letter] to which your attention is drawn:
[Here describe the works to be carried out: including all drawing numbers dates and revision numbers. Also if any engineering information such as calculations bending schedules or detailed sketches are available these should be listed, or if a schedule of works is issued note the heading in this letter and put the date on the front cover of the schedule of works] (“the works”).
My price for the works as detailed on the above drawing[s] is £ : inclusive of VAT (This quotation is required to state the full price).
My offer is open for acceptance for [Insert number of] months.
I estimate the project will take [Insert number of] weeks
Our offer does not include any local authority fees and expenses and other disbursements incurred. For the avoidance of doubt our price does not include for the cost of submission to the local authority or any professional fees required as you will engage any professionals (e.g. architect or engineer) required for the works yourself.
[Set out any other items which are not included in the price for example, white goods, decorating.]
It is our responsibility to supply you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations please contact us.
[Need to include here any information relating to guarantees/warranties as appropriate]
Any additional works requested by you or any changes to the works could result in additional costs. We will attempt to agree the additional costs with you in advance of the additional/changed works being carried out, but if this is not possible then we will be entitled to charge a reasonable sum for the additional/changed works. [Reminder: use the change of work form on the FMB website member’s area]
[Deal with welfare issues: storage, toilets, running water, electricity, etc] This quote assumes that water, heat, power and lighting will be provided free of charge to us.
If the contract period is longer than 30 days or there are more than 20 operatives on site at any one time the CDM regulations will apply please see Clause 14 of the Terms of Business.
If our offer is acceptable we could start within [insert number of] weeks of receipt of a signed copy of our offer. Please note if this contract is formed in the home or at a distance, you may be legally entitled to a 14 day cancellation period. However you will not have a right to cancel this contract if you request that the work is for urgent repairs or maintenance costing £170 or less to start immediately.
For further information relating to this please see below.
As we are a member of the Federation of Master Builders we have the opportunity to use their Dispute Service if a dispute occurs. For further information please visit www.fmb.org.uk or contact the FMB on 01223 463111.
Please sign to confirm your acceptance of our offer and our terms of business.
Yours sincerely
[Company Name]
% ------
I/We confirm our acceptance of the above estimate and the Terms of Business of [Name of company]
Customer(s) signature(s)
Date:
Cancellation Rights
1. If the criteria set out in paragraph 5 below apply you have the right to cancel the contract if you
want and are not required to provide a reason. You can do this by delivering by hand, posting,
faxing, or sending by email a cancellation notice to the person named below at any time within
14 calendar days after the day on which the contract is signed. The cancellation period will
expire 14 calendar days after the day on which the contract was entered into.
Name: / Firm:Address:
Email Address:
2. We will not start work under the contract until after the cancellation period has come to an end, unless you tell us to ‘start work now’. If you tell us to ‘start work now’ or during the cancellation period you still have a right to cancel the contract within the 14 calendar day period, but we will charge you for any work which we do before we receive your cancellation notice. You will therefore be required to pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract. If the whole work is completed during the cancellation period you will be required to pay the full cost of the contract and you will lose your right to cancel the contract.
3. We will treat a notice of cancellation as being served as soon as it is sent to us by post or the date on which it is sent to us electronically.
4. If it applies, any credit agreement or other ancillary contract relating to this contract will automatically be cancelled when the contract is cancelled. However it is advisable to inform the finance company if you cancel the agreement. To exercise the right to cancel, you must inform us of your decision to cancel this contract by providing a clear statement (e.g. a letter sent by post, fax or email). Please insert your name, geographical address and, where available, your telephone number, fax number and e-mail address.
5. You can use the cancellation form contained within in this letter but it is not obligatory and you can send us a cancellation in any other form as long as it is clear that you want to cancel.
The right to cancel only applies:
· To contracts over £42.00 entered into at a distance or off trade premises contracts between a trader and a consumer.
· You are a consumer (if you are an individual acting for purposes which are wholly or mainly outside your trade, business, craft or profession).
Effects of Cancellation (continued)
6. If you cancel this contract then subject to paragraph 2 above we will reimburse to you all payments received from you, including the costs of delivery (if relevant) (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
7. We will make the reimbursement without undue delay, and not later than:
(a) 14 days after the day we receive back from you any goods supplied, or;
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or;
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
8. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
9. If you have received goods in connection with the contract, we will collect the goods at our own expense. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
NOTICE OF YOUR RIGHT TO CANCEL - CANCELLATION FORM
To: [insert your company or business name and address and email address]
I/We* hereby give notice that I/we* cancel my/our* contract of sale for the following goods/for the supply of the following service:
Ordered on/received on:
Name of Consumer(s):
Address of Consumer(s):
Signature of Consumer(s): (only if this form is sent on paper)
Date:
*delete as appropriate
Terms of Business
[NAME OF COMPANY]
1. Definitions – [NAME OF COMPANY] is referred to as “the Contractor” and the party or parties for whom the works are provided are referred to as “the Client” in these terms of business.
2. Payment – An invoice will be issued by the Contractor to the Client on a [fortnightly/weekly] basis for the works carried out by the Contractor (“the Original Works”) or upon the conclusion of the Original Works if earlier. The Contractor may include in those invoices claims for payment in relation to any further goods or services requested of the Contractor by the Client or by the local authority building control which are additional to the Original Works and provided by the Contractor (“the Additional Works”). The Contractor will attempt to agree in advance of performance of the Additional Works with the Client his remuneration for the Additional Works, but otherwise will be entitled to payment from the Client of a fair and reasonable sum. The Contractor will allow a fair and reasonable sum for any changes to the Original Works arising from omissions to the Original Works requested by the Client. Invoices are due upon receipt by the Client. The final date for payment of the Contractor’s invoice is 14 days from the date of the invoice. VAT if applicable will be charged at the current rate.
3. Retention Monies – The above will not be deducted from any payment unless agreed with the contractor prior to signing the contract. If required this will be noted and added to the contract and initialled by both parties.
4. Additional Works – will generally be charged on the following day works rates: £ [ ] per day plus expenses and disbursements. Materials will be charged at cost plus 15%, any plant involved will be charged at cost plus 20%
5. Duty of Contractor – The Contractor shall carry out the Original Works and any Additional Works exercising reasonable skill and care. The Contractor’s works do not include advice in connection with (a) the Party Walls Act 1996 or (b) the Construction (Design and Management) Regulations 2015 in respect of which the Client should seek separate advice. The Client’s attention is drawn to the provisions of this Act and Regulations. Further, the Contractor has no responsibility for the design of the Original Works or any Additional Works unless expressly agreed otherwise in writing by the Contractor.
6. Interest – Any sums due and remaining unpaid following the expiry of [14] days from the issue of an invoice by the Contractor to the Client shall bear interest at the rate of [8%] per year simple interest. Such interest will be paid to the Contractor by the Client on demand.
7. Termination – The Contractor shall be entitled at any time to terminate his employment by giving [14] days notice in writing to the Client. Upon any termination the Contractor shall promptly take all practicable steps to bring to an end the Contractor’s Services in a diligent and orderly manner. The Client shall pay to the Contractor all sums then properly due and owing to the Contractor under the Contractor’s quotation and clauses 2, 3, and 5 above. Termination or suspension of the employment of the Contractor shall not affect the operation of any provisions of these terms of business which remain capable of operation after such termination.
8. Timescale/Budget - The Contractor will endeavour to complete the works within the agreed time scale but will not be liable for any consequential costs should the contract period be extended due to anything outside his control, i.e. inclement weather, material deliveries awaiting information from the client, LA or any other professional body, directly employed subcontractors or force majeure. The Contractor does not warrant that the works may be completed within any budget or that planning consent or statutory approvals will be granted. Time is not of the essence.
9. Architect, Engineer or other Third Parties – It may be necessary to appoint an architect, an engineer or other third party to advise on various aspects of the project. This party must be appointed by the Client and not the Contractor on behalf of the Client. The Client will be responsible for payment of the architect, engineer or other third party’s fees.
10. Limitation and Insurance – The liability of the Contractor for any loss or damage suffered or alleged to have been suffered or to be suffered by the Client (except in respect of death or personal injury) shall be limited to £ [insert a fair and reasonable sum NOTE: consider the size and nature of the project and the parties may wish to cap liability to the level of the insurance held by you]. The Contractor holds the following insurances: Employer’s Liability [£ X ], Public Liability [£ X ] and Contractor’s All Risks [£ X ]. Further insurances may be available via FMB Insurance Services Limited. The Client will notify his household insurer that construction work is being undertaken.
11. Resolution of Disputes – This contract is subject in all respects to English law, and the English courts shall have exclusive jurisdiction with regard to all matters arising under or in connection with it. If any dispute or difference (“Dispute”) shall arise between the Contractor and the Client during the course of or subsequent to the carrying out of the Original Works or any Additional Works the parties shall meet in a good faith effort to resolve the Dispute. The parties may also approach the Federation of Master Builders for assistance in resolving the Dispute. At any time the parties may refer a Dispute to an alternative dispute resolution body or an adjudicator either agreed between the parties or nominated by a recognised adjudicator nominating body and the rules of the adjudication shall be those of the Model Adjudication Procedures published by the Construction Industry Council at the date of the reference.
12. Third Party Rights – The parties hereby confirm that notwithstanding any other provision in this appointment it shall not and shall not purport to confer on any third party any right to enforce any term of this appointment for the purposes of the Contracts (Rights of Third Parties) Act 1999.