​

Terms & Conditions

​

1.1 These terms and conditions (the “Conditions”) supersede all previous conditions, including any terms and conditions of the Buyer and shall not be superseded, varied or waived other than by the express written consent of the Seller.

1.2 In the Conditions the following definitions shall apply: (a) Buyer means the party contracting with the Seller to acquire the Work; (b) Seller means Building Estimates LTD (c) Work means all services including estimating, valuation and consulting services; (d) Preliminary Work means all work done in the preparatory stages including any services provided by a third party; (e) Electronic File means any text, illustration or other matter supplied or produced by either party in digitised form; (f) Intellectual Property means all copyright, patents, trademarks and trade names, design rights.

1.3 Any order or request for Work by the Buyer to the Seller shall be conclusive proof of the Buyer’s acceptance of the Conditions.

1.4 We accept drawings as Adobe pdf files. All drawings should be to a recognised metric scale: for example, 1:50 or 1:100.

​

2. Delivery:

2.1 The Seller will always endeavour to meet delivery deadlines but will have no liability for failure to deliver the Work (or any part of it) outside of a deadline.

2.2 The Work shall unless otherwise agreed in writing be delivered electronically to the Buyer.

2.3 The Seller may deliver the Work by separate instalments.

 

3. Charges and Payment:

3.1 Quotations are based on the Seller’s current prices per m2 as detailed on the seller’s website buildingestimates.ltd and are based upon the external footprint per floor of a proposed project, measured from the outside surface of external walls.

3.2  Subsequent variations/ further work requested by the buyer will be charged at a rate of £60/hour (no VAT).

3.3 All Work carried out shall be chargeable including 'Preliminary Work' whether the Buyer agrees to it being carried forward to production of an Estimate or not, at a charge of £30.00 (no VAT) per order.

3.4 Any additional Work required by reason of the Buyer supplying inadequate copy, incomplete or incorrect instructions or insufficient documentation or late delivery of any of them shall be chargeable.

3.5 Payment shall become due prior to commencement of the Work.

 

4. Credit Facilities:

4.1 No credit facilities exist within these terms.  All Estimates require pre-payment.

 

5. Materials Supplied or Specified by the Buyer:

5.1 Electronic Files and Paper documents.

5.1.1 The Buyer shall maintain a copy of all Electronic Files provided by the Buyer to the Seller.

5.1.2 The Seller shall not be responsible for checking the accuracy or legality of information supplied by the buyer.  Therefore the buyer is responsible to ensure that plans and specifications supplied are approved by and meet local Building Control Regulations.

5.1.3 Without prejudice to clause

5.1.4 If an Electronic File is not suitable for outputting on equipment normally adequate for such purposes without adjustment or other corrective action the Seller may either reject the file or charge for any additional costs incurred in taking such corrective action in each case without prejudice to its rights to payment for work done and materials purchased.

5.2 Other Materials.

5.2.1 The Seller may reject any Electronic Files or other materials supplied or specified by or on behalf of the Buyer which the Seller considers unsuitable for the intended purpose.  

5.2.2 Without prejudice to clause

5.2.3 Where materials are so supplied or specified by the Buyer and the Seller so advises the Buyer of their unsuitability but the Buyer instructs the Seller to proceed anyway, the Seller shall have no liability for the quality of the Work.

5.2.4 The buyer understands that the Seller will provide an Estimate based solely upon the plans provided by the Buyer, to the exclusion of any other factors that may impact the actual site construction costs.  Landscaping costs are usually excluded unless specifically requested, for an additional charge.

5.2.3 Any Quantities supplied by the Buyer shall be deemed as adequate and the Seller will not re-check that the quantities are correct prior to producing the Work. Any costs incurred as a result of shortages, including amending the Work will generate additional charges at £60/ hour (no VAT).

5.3 Risk and Storage.

5.3.1 All property supplied to the Seller by or on behalf of the Buyer shall, while it is in the Seller’s possession or in transit to or from the Seller, be deemed to be at the Buyer’s risk unless otherwise agreed in writing.

5.4.1 Risk in the Work shall pass to the Buyer on despatch.

5.4.2 On completion of the Work the Seller will store the Work and other materials for a maximum of 12 months after which time the Seller may destroy them without notice.

​

6. Materials & Equipment Supplied to A4estimating:

6.1 Printed material shall be kept for a maximum of 12 months.

 

7. Proofs & Variations:

7.1 The Work is undertaken by the Seller on the basis that all information provided by the Buyer, will be diligently checked by the Buyer for errors and omissions and approved prior to construction, and the Seller shall not be liable for any errors or omissions (including errors introduced by the Seller) not corrected by the Buyer prior to the information being utilised.

7.2 Amendments required by the Buyer (except to the extent caused by the default of the Seller) and additional copies of the estimate necessitated thereby, shall be chargeable at the rate stated above.

7.3 The Buyer is required to fully examine the final estimate prior to utilising the information. The Seller shall not be liable for any errors in the finished Work..

7.4 All implied and express terms, conditions and warranties relating to quality and/or fitness for purpose of the Work are excluded whether made by the Seller or its servants or agents or otherwise.

 

8. Insurance:

The Buyer acknowledges that it has read and fully understood the Conditions including specifically clauses 2, 5, 6, 7, 10 and 11 relating to delivery, risk, storage and exclusion of liability and acknowledges that it should insure such risks as it deems appropriate in all the circumstances.

 

9. Acceptance of the Work:

9.1 The Buyer shall be deemed to have accepted the Work upon delivery. The Buyer shall inspect all the Work within 48 hours of dispatch and shall within 72 hours notify the Seller of any defects or if the Work is not in accordance with the contract.

​

10. General Exclusion and Limitation:

10.1 The Seller shall be under no liability whatever to the Buyer for any consequential or indirect loss and\or expense (including loss of turnover and profit) suffered by the Buyer arising out of a breach of this contract or negligence by the Seller.

10.2 In the event of a breach of this contract or negligence by the Seller the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the price of the Work.

10.3 Where the Work is to be forwarded by or on behalf of the Buyer to a third party for further processing the Buyer will inspect and approve the Work (and will be deemed to have so inspected and approved it) prior to forwarding and the Seller shall not be liable for claims arising subsequent to the third party’s processing.

 

11. Cancellation:

11.1 The Buyer may cancel the order prior to completion of the Work but will still be charged for 50% or 75% of the contract price depending upon how far the Estimate or Work is to completion.

​

12. Limit of Deliverables

12.1 The Buyer understands the Seller will provide an Estimate(s) or Work(s) based solely upon the plans provided by the Buyer, to the exclusion of any other factors that may impact the actual construction costs. 

12.2 The Buyer understands it is the Buyers responsibility to carefully check the Deliverables cover all tasks and phases required, and advise the Seller immediately of any omissions, so the Seller can make good any omissions.

12.3 Landscaping costs are usually excluded unless specifically requested, for an additional charge.

 

13. General Acceptance:

13.1  The seller reserves the right to refuse or withdraw from a contract with the buyer for any reason.

 

14. Force Majeure:

The Seller shall not be liable for any claims, costs, damages or other losses suffered by the Buyer to the extent resulting from any failure on the part of the Seller, its servants and / or agents caused by or directly or indirectly due to war, terrorism, act of any Government or other authority, civil unrest, embargo, computer system failure, storm, fire, accident, industrial action including strikes or lockouts, acts of God, illness, accident or other supplies, or any other similar cause or matter beyond the reasonable control of the Seller.

 

15. Rights of Third Parties:

It is acknowledged and agreed by the Buyer that the Conditions are not intended to be and shall not be enforced by any person other than the Buyer under the Contracts (Rights of Third Parties) Act 1999, but this does not affect any right or remedy of a third party which exists or is available apart from the said Act.

 

16. Jurisdiction:

This contract is subject to the Laws of England and the jurisdiction of the English Courts.

 

17. Estimating Services:

17.1 The Buyer shall provide a clear written specification to the Seller and will promptly respond to all enquiries raised by the Seller about such specification and the Buyer’s requirements.

17.2 All Intellectual Property created by the Seller pursuant to this contract shall be the property of the Buyer provided always that the Seller shall be entitled to retain copies for the purposes of marketing and further design development.

17.3 The Seller shall be under no liability whatever to the Buyer in respect of any loss and/or expense suffered by the Buyer arising out of further information requests by the Seller. 

​

18. Data Protection:

18.1 The Buyer warrants to the Seller that it has the absolute right to provide the personal data (if any) contained in materials supplied to the Seller in accordance with this contract and will indemnify the Seller from and against all claims, costs and expenses arising from any breach of this warranty or data protection legislation by the Buyer (including the cost of complying with any requests for information by third parties).

​