Our Q Lofts & Extensions terms are agree upon when engaging us to work for you on your private property of business property and the following terms will apply.Effective January 2022
Terms and Conditions of Engagement for Contract of Agreement (“COA”) between you(s) and us.
A. Both Q Property Developments Limited & Q Lofts Ltd are both registered in England and Wales and are controlled by Anthony Sullivan who is a Director of both companies and both companies will have/share with you the same terms as set out below, these terms and conditions may use the following ("us", "we", "our" and "ours") meaning us the company you wish to engage with for a service as required by you as a client/customer.
B. "Customer" you or in joint names if more than one person is signing the COA, the named party(s) on any COA will be joint and several. By engaging us you accept all provisions within these terms and conditions.
C. "The COA” means an agreement having been reached by us both and a list of works for each header that maybe shown within a COA and shall be performed unless you wish us not in full or in part.
1. These terms and conditions are final. If you disagree with these terms and conditions, then its best you don’t commit yourself(s) to a Contract of Agreement.
2. These Terms & Conditions are agreed upon when a deposit is paid and or COA signed, and these terms apply until snagging is at completion. The property will be fit for living at or before practical completion. In most cases normal living is achieved at all times if you are living in the property while works are undertaken. The project will be much faster if the property is vacated.
3. A lump sum to a project is normally made up of several items listed with each header not having a separate price, often is the case that it may work out
more expensive in consideration to each header and if so, each header will be a separate contract, therefore, the overall price may rise as a result. A Lump Sum is normally cheaper.
4. Any extra works requested by you(s) or your agent shall be considered without obligation by us to carry out such extra work, if we accept your offer at a price we offer first, or where a price is unknown due to other trades potentially who could cause delays or having to work with other trades and having to work out of sequence and thereby wouldn’t be straightforward then the works requested by you shall be carried out time by motion basis and the outcome of cost will be shown at the final account.
5. IN-HOUSE protection insurance is on offer for all customers to a COA and is offered at 7.5% of the overall final sum once known, to include extra work, and in the event of any delays should it be the case, that the overall contract sum will include the original lump sum and all other works covered if requested to include extra works, any delays, any materials purchased on your behalf, and waste away, all of these will be added at final account stage upon the completion of snagging list.
6. Items of work listed within the COA will bind the project together to practical competition stage. All reasonable finishing dates selected and agreed on the programme of works shall be met by us to the best of our ability and resources provided theres no interruptions, stoppages etc, from you(s) or third parties or authorities, that you agree to indemnify us of expenses and losses by adding time in relation to the amount of hours days or weeks being delayed to allow the full works as shown within the COA to be completed on time. It’s important that you(s) carry out due diligence to avoid any delays as any stoppage will be chargable as waiting time by the hour, by the day or even by the week and our rates for such time periods be calculated from the programme time ending period of Lump sum.
7. Management time is charge separately should any contract run beyond the agreed programme timeline and is set at £2250.00 per week until project is completed.
8. Payments are to be made weekly by you on a payment schedule which is normally every Thursday/Friday and shall be agreed before any work starts as required by the COA.
9. If a Lump Sum Contract is cancelled for whatever reason, then theses terms provide us protection and allow us the full protection on a loss of profit and the lump sum becomes due less money having been paid along the timeline.
10. In regard to programme of time attached to the COA where it sets out the number of weeks to complete the works, its agreed that the lump sum would reflect as within the weeks applied to programme itself with a signed COA being accepted by your hand as a written sum even if you remove works later from a COA works list.
11. If the COA programme is held up by third party you(s) then the number of hours, days or weeks will be added on to the programme time of works to an agreed number of weeks and agreed to allow the works to continue.
12. A breakdown of our charge out rates are £65 per hour up to 4 hours reduced to £60.00 per hour thereafter pus 20% to be added for profit and overheads plus vat where applicable, rates applicable for central London area.
13. At practical completion stage or thereafter, we will request a comprehensive snagging list from you(s) normally theres a period needed for this and that period shall be agreed up at that time.
14. There’s no retention of any amount at any time during or after the works are complete. We reserve the right to add interest on any amount owing on outstanding amount due more than 48 Hours after payment request. That interest shall be 8% above Bank of England base rate for late payment(s).
15. If a budget contract is agreed to, materials used will be basic materials throughout. However, if you request upscaling on any works to become bespoke then the amount of money required may not be known until the works are completed. That you irrevocably agree to pay either a price agreed to up front or a sum if not known for any bespoke work requested as worked on a time and motion basis to our hourly rates shown above. A 50% surcharge charge will be added to any time and motion plus vat will be added were appropriate and in line with Vat regulations. Insulation is a lower vat percentage.
16. Please be reminded that only works listed as shown within a COA is allowed for. Where you(s) may decide to supply your own fittings and materials along the timeline you may use our suppliers to gain full discount plus we add 12.5% handling charge plus 20% for profit.
17.No material price rise within the works timed programme period will be passed onto you, if any works are delayed beyond our control, then you agree to pay any increase sum(s), that you agree to pay the difference. Our prices for property renovations are by measurements to floor areas shown on drawings you provide or we supply if requested, renovations works are set at £150.00 per sq foot discounted from £185.00 per sq foot provided you(s) pay on time to any agreed payment schedule. We take a view of any external works that may be requested to take account to reach overall Lump sum agreed were listed work is within a COA. We reserve the right to apply a cost should any area of the property worked on not be accounted for within the work list within the COA. Any area will be treated as the same rate as applied to as per sq foot rates shown above. Should this be the case any area be accounted for upon completion of project and be payable upon demand.
18. Difficulty in paying. You should bring to our attention should you become unable to pay along the programme timeline. If we are able, we may offer to fund the works via the directors own resources and shall be interest free providing any amount forwarded to you(s)by way of credit line or time to pay, is repaid and paid on time and signed for, and that if you fail to pay on time that an interest rate be set at 30% to be charged on all late payments passed 48 hours regardless of how you are helped, all payments are payable upon demand either verbally or by message if not scheduled. If you fail to pay any payment, we reserve the right but not the obligation to take back discounts, and or waivers.
19. It is the sole responsibility of you(s) to ensure that you are pleased at the end of each day of the progress of the works, and that you further agree to bring to our attention any concerns you may have regarding satisfaction or work carried out periodically which does not meet your expectation by each Friday, this will avoid any lanterned dissatisfaction, any late complaints shall not be acceptable if you neglect to check on the progress of the works and to its good workmanship. Any upgrade in quality is chargeable. You are invited to send any delights and or any dissatisfaction(s) via WhatsApp on a regular basis.
20. We will not take responsibilities for checking site measurements if the client has provided drawings showing build requirements, it is the sole responsibly to check and advise us accordingly.
21. Payment(s) are due on demand, or as set out in a payment schedule within COA. Payments can vary from time to time to cover unforeseen costs or to cover our cost on the running programme of works taking account of extra works if ever required, we reserve the right to speed up the works and if so, you agree to pay us upon a request to cover us on costs etc.
22. You(s) have no right hold back payment while works are moving forward, in the very unlikely event that you(s) feel we are under performing you must let us know, if so, you must make your concerns known via WhatsApp immediately so any issues of concern can be resolved promptly.
23. Performance of paying on time. If payments are late to us for whatever reason, any discounts and waivers if so, offered to you as a gesture of good will shall be reversed. We would also have the right to suspend the works until payment has been received, and any waiting time will be added if waiting time is passed 48 hours while waiting for payment and in the event of directions and not received shall invoke waiting time.
24. Sundries, we reserve the right to add 1.5% for sundries at final account on the total sum due for the contract before vat is added where applicable, these are items not known that maybe needed during the works, the amount for sundries will not pass 1.5% of the overall contact final sum. These are incidental items which cannot be perceived as being required to full fill all the works.
25. We reserve the right but not the obligation to add to any contract sum a rate of 12.5% should we engage within the project various requirements which are needed due to extra works being required or work details having to be changed from the drawings if issued, this will cover site supervision, waiting time is charged separately.
26. We reserve the right to alter or amend these terms of conditions at any time without notice and will appear as updated on our website.
27. It is understood no claims can be made against our company or its trading name if any of the contract times are extended due to any variations, stoppages, inclement weather, non-delivery, non-payment (in accordance with the payment schedule), awaiting directions, awaiting materials, work interruption which will be beyond our control that you irrevocable agree to indemnify us.
28. All Quotations lump Sums are exclusive of VAT. All extra works if required are exclusive of vat
29. No allowances will have been made for any other work to be carried out unless it’s listed within the COA, all other works carried out less the works shown within the COA list of works is chargeable. Please revert to the above charge condition.
30. Limitation to damages and or loss to you is limited to £500.00 in total for any reason or occurrence(s). Client/customer will be free to claim from our insurance(s) in the event of damage by neglect including injury to client and or others while under our control, save for any injury however caused within the work zone where danger is evident and until the project is finalised; that you the client agree to keep away from the working area all persons in your control and to monitor the property whether or not you are in attendance to and adjacent property or away from site. That you further agree not to let any person enter the work zone after working hours and that you agree to meet these requirements and indemnify us against any damage or losses however caused. You agree to protect our company from harm to include expenditure should any accident, injury or death as a result or your negligence occur. Or any adverse social or online comments to cause the public to think less of us.
31. Unless otherwise stated, we do not provide skips or waste collection, it is the responsibility of you(s) to ensure all permits are in place for skips, if we are to provide skips then the amount of is unknown and not allowed for and any notes within the COA will be shown as not known and the cost to be applied at final account upon the full cost known to include all skip, waste to transfer stations and or wait and load in the street outside the property plus the operatives time who participate in the handling such waste from the property to waiting skip(s) of such waste material adjacent to the front door of the premises and the total expenditure shall be sent to you for separate payment upon snagging completion.
32. Unless otherwise stated, we provide a scaffolding service for your consideration which maybe included by description of the works within any contract of agreement, and if so, you agree to undertake to pay for such scaffolding works as payable separately and or paid directly to the scaffolder or through us. A sum required as payable is not within any lump sum to be shown within a COA. This means you pay scaffolder gross as demanded by them for which is treated as a separate amount from the COA price agreement and is unaffected by our performance and or exposure to be bound by us.
33. You are invited you use your own scaffolding suppliers whereby we will inspect and approve it for safety reasons.
34. We reserve the right to deal with any compliant through the courts if any dispute cannot be resolved between you and us or mediation.
35. You have the right to cancel a contract of agreement with us within a 14-days of asking us to start work. You may cancel within the time limit while agreeing to pay any amounts should we undertake any such work as required to start the works, i.e., enabling the works. The 14-day cooling off period is designed to give you time to assess and reflect upon your decision as to whether you want to move forward to have any described work carried out, and if you do, we will commence work on day 15 of asking us to proceed after signing the COA unless you give directions not to do so. Or we shall start earlier of 14 days if required by you and if so, the colling off period becomes ineffective and not available to you. If you later decide to terminate the works you agree to pay the appropriate loss of profit sum of 30% net and any further losses as required from the time of termination by you.
36. Loss of profit is agreed at a percentage rate of 30% should any contract be terminated unlawfully.
37. We encourage reviews of our workmanship and in doing so you agree that any negative review be prohibited. You agree to send copy of review before you make such a review online for our acceptance. Only WhatsApp complaints be acceptable, you agree to give us the opportunity to rectify any complaints you may have where the complaint is justified and complies with our agreement on quality work of a COA.
38. Transparency, if there’s anything you are not sure about on any item within these terms and conditions a further explanation will be available, just ask.
39. Insurances shall be shown upon request.
40. Assigning our rights. It is agreed that we reserve the right to assign any part or whole of any contract or any money outstanding to include extra works if requested to any third party or company controlled by Anthony Sullivan and that you accept this should assignment take place.
41. Hours of work. 40 hours per week per trades person. Overtime is charge at 1.5% of the daily rate divided into overtime worked.
42. These terms and conditions are live until a contract of agreement has been concluded with a final account submitted. And the sums owed as outstanding should be paid within 7 days. At which time once agreed the following shall say “Full and Final Settlement agreed to and the sum entered onto the COA to be signed off.”
43. legal issues of dispute shall at first be settled between the parties. If any dispute cannot be resolved, then we reserve the right to take matters to the courts of England and Wales.
44. A Certificate of completion will be issued upon snagging completion and keys handed back upon your request this would conclude matter that no further works are outstanding.
45.
document number T&C’s 2022v02