Terms and Conditions
These Terms and Conditions (“Terms”) govern the provision of building installation services (the “Services”) by PTAH INSTALLATIONS LIMITED, registered at 82 Fladbury Crescent, Birmingham, B29 6PJ, GB (“we”, “us”, “our”) to the client (“you”, “your”) engaging our Services. By requesting or accepting our Services, you agree to be bound by these Terms.
1. Scope of Services
1.1 The Services to be provided shall be as specified in the written agreement (including quotes, project proposals, or emails) between us (the “Agreement”). This may include, but is not limited to, the installation services listed on our website, tailored to residential or commercial projects as agreed.
1.2 We reserve the right to subcontract part of the Services to qualified third parties, provided we remain responsible for their performance.
1.3 Any changes to the scope of Services must be agreed in writing by both parties, and may result in adjustments to pricing or timelines (“Change Orders”).
2. Pricing and Payment
2.1 Pricing for the Services is as specified in the Agreement. All prices are exclusive of VAT (or other applicable taxes), which shall be added at the current rate.
2.2 Payment terms are as follows, unless otherwise agreed:
- A deposit of 30% of the total price is due upon acceptance of the Agreement to secure our services and materials.
- Progress payments may be required at predefined stages (e.g., 50% of the total price upon completion of 50% of the work, as outlined in the Agreement).
- The remaining balance is due within 14 days of completion of the Services and your written acceptance of the work.
2.3 Late payments will incur interest at a rate of 4% per annum above the Bank of England base rate, calculated daily from the due date until full payment is received. We may suspend work if payments are overdue by more than 21 days, without liability for delays caused thereby.
2.4 All payments must be made to the bank account specified in our invoices.
3. Project Timelines
3.1 We will use reasonable efforts to complete the Services by the deadline specified in the Agreement (“Completion Date”). The Completion Date is an estimate and may be extended due to:
- Delays caused by you (e.g., late access to the site, failure to provide necessary information, or approval delays).
- Circumstances beyond our control (“Force Majeure”), including but not limited to extreme weather, supply chain disruptions, labor strikes, or regulatory changes.
- Change Orders or unforeseen site conditions (e.g., hidden structural issues) discovered during work.
3.2 We will notify you in writing of any delays and revised Completion Date within 5 working days of becoming aware of the cause.
4. Client Obligations
4.1 You shall:
- Provide timely access to the project site, including safe working areas and reasonable facilities (e.g., power, water) for our team.
- Secure all necessary permits, licenses, or approvals required for the Services (unless otherwise agreed in writing).
- Provide accurate information, specifications, and access to relevant site documents (e.g., architectural plans) to enable us to perform the Services.
- Keep the site free of hazards and third parties not involved in the project, to ensure our team’s safety.
4.2 Failure to fulfill these obligations may result in delays or additional costs, for which you shall be liable.
5. Quality and Acceptance
5.1 We warrant that the Services will be performed with reasonable skill and care, in accordance with:
- Industry standards and best practices.
- Applicable laws, regulations, and building codes.
- The specifications outlined in the Agreement.
5.2 Upon completion of the Services, we will notify you to inspect the work. You shall confirm acceptance in writing within 7 days of inspection. If you identify defects or non-compliance with the Agreement, you must notify us in writing within this period, specifying the issues. We will rectify such issues within a reasonable timeframe at no additional cost.
5.3 If no written notice of defects is received within 7 days, the work shall be deemed accepted.
6. Liability and Indemnity
6.1 Our total liability to you for any loss or damage arising from the Services (including negligence, breach of contract, or misrepresentation) shall be limited to the total price paid for the Services, capped at £50,000.
6.2 We shall not be liable for:
- Indirect or consequential loss, including loss of profits, business interruption, or loss of reputation.
- Damage caused by your failure to maintain the installation after completion, improper use, or modifications by third parties.
- Delays or losses caused by Force Majeure (as defined in Clause 3.1).
6.3 You shall indemnify us against any claims, losses, or damages arising from:
- Your breach of these Terms or the Agreement.
- Defective or unsafe site conditions not disclosed to us.
- Third-party claims related to your failure to obtain necessary permits or rights.
7. Intellectual Property
7.1 Any designs, plans, or specifications created by us for the project remain our intellectual property. You are granted a non-exclusive license to use them solely for the purposes of the project.
8. Termination
8.1 Either party may terminate the Agreement:
- By giving 14 days’ written notice if the other party materially breaches these Terms and fails to remedy the breach within 7 days of written notice.
- Immediately if the other party becomes insolvent, makes an assignment for the benefit of creditors, or enters liquidation.
8.2 Upon termination:
- You shall pay us for all Services completed up to the termination date, plus costs incurred for materials ordered or work in progress.
- We shall return any unused deposit after deducting amounts owed for completed work or materials.
9. Governing Law and Disputes
9.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales.
9.2 Any dispute arising from these Terms or the Services shall first be referred to mediation. If mediation fails, the dispute shall be submitted to the exclusive jurisdiction of the courts of England and Wales.
10. General
10.1 These Terms, together with the Agreement, constitute the entire understanding between us, superseding all prior discussions or agreements.
10.2 No waiver of a breach of these Terms shall be deemed a waiver of future breaches.
10.3 If any clause of these Terms is found to be invalid, the remaining clauses shall remain in effect.
10.4 We may update these Terms from time to time; the version in effect at the time of your Agreement shall apply.
For questions about these Terms, contact us at Michael1PeterEllis@outlook.com or +44 7400 451740.