CONTRACT TERMS:

The Contract Terms and conditions set out below (referred to as the Contract Terms) relate to this contract and any additional work carried out as an extension of the original work. No change to these Contract Terms will be accepted, unless agreed in writing by one of the Directors of Oaktree Interiors Ltd.

PERIOD OF ACCEPTANCE:

This tender is open to acceptance by the Customer within 30 days of the date of our tender. A contract is conditional upon the Customer accepting this tender in writing but no contract shall come into existence until we despatch to the Customer our written ‘Acknowledgement of Order' or clear confirmation of our intent to proceed with the works.

PRICE:

The price of materials, sub-contractors (where applicable), labour, plant and transport current at the date of tender form the basis of this quotation. Should any of these prices change for any reason outside of our control we reserve the right to adjust our tender price accordingly.

The work included within this tender has been estimated to be carried out during normal working hours. Should the work be required to be carried out outside normal working hours, or should we be required to carry out additional works, the cost of such changes will be added to the contract price.

TERMS OF PAYMENT:

Application for payment will normally be made for 25% of the value of the agreed contract price, (or 35% where specialist/bespoke items are ordered on behalf of the Customer such as furniture) unless otherwise stipulated, to be paid with order prior to work starting on site. Applications for progress payments will normally be made at fortnightly intervals unless otherwise agreed and all invoices should be paid within 14 days from the date of the invoice.

In the case of furniture, an additional 35% will become payable upon delivery with the balance, 30% becoming due within 30 days net after installation.

OWNERSHIP AND RISK:

The title in the goods and materials will not pass to the Customer until paid for in full.

The works, including all materials fixed or unfixed, plant and equipment will be at the sole risk of the Customer. The cost of repairing or replacing any such items, which are lost, damaged or destroyed from whatever cause, will be charged by us as additional work and will be paid to us by the Customer in accordance with the contract terms.

The Customer shall insure the risks described above and shall at our request produce the receipt of the last premium paid.

WORK AND FEES NOT INCLUDED:

To the best of our knowledge the works described in our tender comply with the requirements of the Local Authorities including but not limited to; Planning, Building Control, Fire Department, Health & Safety Executive, Water Board and Electricity Board. Should any change to our work be required by any of the Local Authorities we reserve the right to adjust the price of our work accordingly.

Should we be required to pay any fees to the Authorities in connection with the works or to obtain permissions to carry out the works, we would require being reimbursed for the cost of such fees.

In the event that our written specification of works should vary with any associated drawings presented we reserve the right to make a separate charge for all non-specified elements of work. Please also refer to our ‘Statement of Accuracy' printed on our Cost Summary page.

HEALTH, SAFETY AND ENVIRONMENTAL OBLIGATIONS:

Oaktree Interiors Ltd and the Customer both have obligations to operate within the bounds of the Health and Safety at work etc Act 1974 and the Environment Act 1990 and all their Statutory Provisions. For the duration of the works Oaktree Interiors Ltd will maintain a high standard of compliance. The Customer is required whilst carrying out their activities not to interfere directly or indirectly so as to place Oaktree Interiors Ltd employees, property or work activities at risk. Any variation to the Customer's activities that affect the Oaktree Interiors Ltd operations on site must be adequately assessed and suitable control measures introduced so as to reduce the risk to an acceptable level. Should such undertaking take place the management of Oaktree Interiors Ltd reserve the right to review any losses, with a view of reimbursement for any additional costs incurred.

VAT:

The prices quoted do not include VAT. In accepting our tender the Customer agrees to add VAT to the value of our prices at the prevailing rate and to pay the VAT along with our application for payment in accordance with our Terms of Payment.

DELIVERY:

Every effort will be made by us to complete the works in the period stated. However, time is not of the essence in this contract and we shall not be liable for delays or consequential loss howsoever caused.

OBLIGATIONS OF THE CUSTOMER:

The Customer shall at his own expense provide: -

A clear working area to enable the works to be carried out efficiently.

By arrangement with the Authorities and neighbours a convenient and clear access for the delivery of equipment and materials to the site.

Toilets and washing facilities.

Fuel, gas, electricity and temporary lighting for the testing and carrying out of the works.

All necessary approvals for carrying out the works from the landlords, authorities or any other interested party.

All necessary assurances to Oaktree Interiors Ltd that the structure of the building is adequate to take the loading of any equipment or installation provided under this contract.

GUARANTEE:

Should a defect arise in any materials or work provided by Oaktree Interiors Ltd under a contract resulting from this tender, due to faulty manufacture or bad workmanship, we should, at our discretion, repair or replace the defect, providing such defect is notified to us in writing within 6 months from the date of ‘Practical Completion' of the works and that the works have been correctly maintained in accordance with our recommendations during that period. Providing always that:-

a) We shall not be liable for any consequential loss or damage caused directly or
in-directly by any defect or any other cause.

b) We shall not be responsible for any fault in services connected to any work or
equipment provided by Oaktree Interiors Ltd. We specifically refer to:-

1. Mains electrical installations including cables, switchgear equipment, etc.

2. Drainage Systems.

3. Cold water services.

4. The work of other contractors or suppliers employed by the Customer and
not part of the Company's work.

c) We shall not be liable to correct any defect caused by the equipment being operated outside the design conditions of the installation, including damage caused by extremes of temperature such as frost or high ambient.
Where Oaktree Interiors Ltd are required to install goods or materials to the design specification or drawings of the Customer, the fact that we have undertaken to carry out the works on this basis does not constitute any warranty of the suitability, construction, safety or otherwise of the works.

LIABILITY TO THIRD PARTIES:

The Customer shall indemnify Oaktree Interiors Ltd, it's employees, agents and sub-contractors against any claim for loss or damage or legal proceedings whatsoever brought against Oaktree Interiors Ltd in connection with the carrying out of the works, except that such indemnity shall not apply where the loss or damage is caused by the negligence of Oaktree Interiors Ltd, it's employees, agents or sub-contractors.

TERMINATION:

The contract will terminate immediately upon service of a written notice of termination by us on the Customer for any of the following reasons:-

That the Customer has failed to observe or perform any of his obligations set out in the contract terms.

That the Customer has become subject to any bankruptcy, winding up or sequestration proceedings, or has become insolvent or has ceased trading.

Upon termination of the contract the Customer will pay to Oaktree Interiors Ltd all monies due for works carried out up to the termination, including materials, equipment, and cost of labour, overheads and profit together with all costs relating to operating losses incurred in the termination of the contract.

The contract will be construed and will operate in accordance with English Law.