1. Scope of Work
Excel Building Contractors (hereinafter referred to as “the Contractor”) will provide construction services as outlined in the agreed-upon contract or project scope.
Excel Building Contractors will use reasonable endeavours to complete the services on time, but any dates agreed for performance of the services are estimates only and time shall not be of the essence for performance of the services.
We reserve the right to make any changes to the services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the services, and we shall notify you in any such event.
We will use our professionalism and experience to complete the services on time, but any dates agreed for performance of the services are estimates only and time shall not be of the essence for performance of the services. There may be delays due to an Event Outside our control.
Please certify that any information you provide in your order, any drawings, or other relevant documentation is precise and conforming to your requirement.
2. Payment Terms
The price of the goods and services will be set out in our order confirmation.
If you require us to facilitate to additional services to carry over and above that’s set out in our order confirmation, the price shall be increased on a time and materials basis.
We reserve the right to increase the price of the goods and/or services, by providing notice to you at any time either before the delivery of the goods or on the completion of the services, to reflect any increase in the cost of the goods and/or services to us that is due to: Any factor beyond our control (increases in taxes and duties, and increases in labour, materials and other manufacturing costs).
Delays caused by incorrect or insufficient goods ordered yourselves and or any fees incurred by said delay is solely the responsibility of the buyer as the delay was caused due to incorrect/insufficient goods placed by your instruction.
Payment terms and date expected is a condition set forth between You and Us.
3. Change Orders
Any changes to the scope of work must be agreed upon in writing and may result in adjustments to the project timeline and cost.
“You have the option to request changes to the order for goods and/or services by reaching out to us. If you’d like to make a change, we ask that you request this change at your earliest convenience and acknowledge that said changes may result in increased charge/fee. In cases where we cannot immediately determine the adjusted price for the services, we will provide you with an estimate, any additional services will be invoiced based on our daily rate at the time/price of goods/services of your order. Please note that we retain the right to decline your change request at our discretion.”
4. Permits and Approvals
The Contractor will obtain necessary permits and approvals required for the project, unless otherwise specified in the contract.
Excel Building Contractors reserve the right to record/take pictures of the premises for Marketing purposes i.e. Before, During and After pictures/videos of the project.
5. Project Delays
We shall not be held liable or accountable for any inability to fulfil or delay in fulfilling any of our commitments under these Terms due to circumstances beyond our control.
An ‘Event Outside Our Control’ refers to any occurrence or circumstance that is outside our reasonable influence, including but not limited to strikes, labour disputes, acts of nature, civil unrest, riots, invasions, terrorist attacks or threats thereof, warfare (declared or otherwise) or the anticipation or preparations for war, deliberate damage, accidents, fires, explosions, severe weather conditions, floods, earthquakes, ground movement, epidemics, or other natural disasters, or the breakdown of public or private telecommunications systems
6. Quality of Work
The Contractor will perform all work in a professional manner and in accordance with industry standards.
We are committed to delivering work of the highest quality and in accordance with industry standards. In the event that you are not satisfied with the quality of our workmanship or services provided, please notify us promptly, and we will take appropriate measures to address and rectify any issues to your satisfaction.
Our guarantee covers defects in workmanship and materials for a specified period as outlined in the contract. This guarantee does not cover damage caused by misuse, neglect, or unauthorized alterations.
Please note that our liability is limited to correcting any deficiencies in the workmanship or materials provided by us. We do not assume liability for any consequential damages or losses resulting from defects.
This guarantee is subject to the terms and conditions of our contract, and any claims must be made within the specified warranty period.”
7. Warranty
The Contractor warrants their work against defects for a period specified in the contract.
This warranty does not cover defects or damages resulting from misuse, neglect, accidents, modifications, or unauthorized repairs by third parties.
The warranty period commences from the date of completion of the services or delivery of the goods, unless otherwise specified in the contract.
8. Termination
Either party may terminate the contract by providing written notice to the other party in accordance with the terms specified in the contract. The notice period for termination shall be as agreed upon in the contract or, if not specified, shall be a reasonable period allowing for orderly termination of services.
Upon termination, the terminating party shall be responsible for settling any outstanding payments for services rendered up to the termination date. Any deposits or prepayments made by the client shall be subject to applicable refund policies outlined in the contract.
Termination of the contract shall not relieve either party from any obligations accrued prior to the termination date, including but not limited to warranties, indemnities, or confidentiality obligations.
The termination provisions outlined in this section are subject to any specific termination rights or remedies specified elsewhere in the contract.
9. Indemnification
The client agrees to indemnify, defend, and hold harmless the contractor from and against any claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
Any breach of the contract or terms of service by the client.
Any negligent or wrongful act or omission by the client or its agents.
Any injury to persons or property caused by the client’s use of the goods or services provided.
Notification: The client agrees to promptly notify [Contractor/Provider] of any claims or actions that may give rise to indemnification under these terms.
Defence and Settlement: [Contractor/Provider] reserves the right to assume the defence and control of any claim subject to indemnification by the client. The client agrees to cooperate with [Contractor/Provider] in defending against any such claims.
Limitation of Liability: The client’s indemnification obligations are subject to the limitations of liability set forth in the contract.
Exceptions: This indemnification provision shall not apply to the extent that any claims arise from the gross negligence or wilful misconduct of [Contractor/Provider].
Governing Law: This indemnification provision shall be governed by the laws of [Jurisdiction], without regard to its conflict of laws principles.
Survival: The client’s indemnification obligations shall survive the termination or expiration of the contract.
Insurance: The client agrees to maintain adequate insurance coverage to support its indemnification obligations under these terms.
Modification: Any modifications or amendments to these indemnification terms must be agreed upon in writing by both parties.
Severability: If any provision of these indemnification terms is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
10. Insurance
We require all subcontractors and suppliers engaged in our projects to maintain appropriate insurance coverage throughout the duration of the project. The following insurance policies are mandatory:
General Liability Insurance: Subcontractors must carry general liability insurance with coverage limits commensurate with the scope and size of the project. This insurance should cover bodily injury, property damage, and personal injury liabilities.
Professional Liability Insurance: Design professionals and consultants shall carry professional liability insurance to cover errors or omissions related to their services..
11. Dispute Resolution
In the event of any dispute arising out of or relating to this contract or the services provided under it, the following dispute resolution process shall apply:
Negotiation: The parties agree to first attempt to resolve any disputes informally through good-faith negotiations. Either party may initiate discussions by providing written notice to the other party outlining the nature of the dispute.
Mediation: If the dispute cannot be resolved through negotiation within a reasonable period or if deemed necessary by both parties, the parties agree to submit the dispute to mediation.
Mediation shall be conducted by a neutral third-party mediator agreed upon by both parties. The mediator’s role will be to facilitate discussions and assist the parties in reaching a mutually acceptable resolution.
Arbitration: If mediation is unsuccessful in resolving the dispute, the parties agree to submit the dispute to binding arbitration in accordance with the rules of a recognized arbitration institution agreed upon by both parties. The arbitration shall be conducted by a single arbitrator appointed in accordance with the agreed-upon rules. The decision of the arbitrator shall be final and binding on both parties, and judgment on the arbitration award may be entered in any court having jurisdiction.
Litigation: If for any reason arbitration is not agreed upon or is unavailable, the parties agree that any disputes shall be resolved exclusively by the courts of [Jurisdiction], and both parties hereby consent to the jurisdiction of such courts for the purpose of resolving any disputes.
The parties agree that the dispute resolution process specified herein shall be the sole and exclusive mechanism for resolving disputes arising under this contract, and both parties waive any right to pursue claims through class actions or representative actions.
Each party shall bear its own costs and expenses incurred in connection with the dispute resolution process, unless otherwise agreed in writing or as awarded by the arbitrator or court. This dispute resolution clause shall survive the termination or expiration of this contract.
“Please note that the specifics of the dispute resolution clause, including the choice of mediator, arbitration institution, and governing law, should be tailored to the particular circumstances of the contract and the parties involved. It is recommended to seek legal advice to ensure the adequacy and enforceability of the dispute resolution provisions.
12. Health and Safety
Compliance: All parties involved in the project are required to comply with applicable health and safety laws, regulations, and standards throughout the duration of the project.
Site Conditions: The contractor shall maintain a safe and hazard-free work environment at all times. This includes implementing necessary safety measures, providing appropriate personal protective equipment (PPE), and ensuring the proper storage and handling of materials and equipment.
Training: Workers and subcontractors must receive adequate health and safety training relevant to their tasks and responsibilities on the project site.
Reporting: Any accidents, incidents, or near-misses must be promptly reported to the designated health and safety officer or project manager.
Emergency Procedures: Emergency procedures, including evacuation plans, first aid protocols, and contact information for emergency services, shall be clearly communicated and readily accessible to all workers on-site.
Risk Assessment: Regular risk assessments shall be conducted to identify and mitigate potential hazards associated with the project activities.
Safety Inspections: Scheduled safety inspections shall be carried out to monitor compliance with health and safety requirements and address any identified deficiencies promptly.
Cooperation: All parties shall cooperate and communicate effectively to promote a culture of safety and prevent accidents or injuries on the project site.
Supervision: Adequate supervision shall be provided to ensure that health and safety measures are adhered to by all workers and subcontractors.
Non-compliance: Failure to comply with health and safety requirements may result in corrective actions, including suspension of work, until compliance is achieved.
Documentation: Records of health and safety activities, incidents, and training shall be maintained and made available for inspection upon request.
By agreeing to these health and safety terms, all parties commit to prioritizing the well-being and safety of individuals on the project site and minimizing risks associated with construction activities.”
It’s important to customize the health and safety terms based on specific project requirements, applicable regulations, and industry best practices. Additionally, ensure that all workers and subcontractors are adequately trained and informed about the health and safety policies and procedures relevant to the project.
13. Subcontractors
Please be advised that as part of our operations, we may engage subcontractors to perform certain aspects of the work outlined in your project. These subcontractors are carefully selected based on their expertise and qualifications to ensure the highest quality of workmanship and efficiency in project delivery.
While subcontractors may be involved in specific tasks or services, we remain fully responsible for the overall management and coordination of the project to ensure compliance with agreed-upon specifications, timelines, and quality standards.
By entering into an agreement with us, you acknowledge and consent to the use of subcontractors as necessary for the completion of your project. Rest assured, we maintain strict oversight and accountability over all subcontracted work to uphold our commitment to excellence and customer satisfaction.
If you have any questions or concerns regarding the use of subcontractors or their involvement in your project, please feel free to contact us for further clarification.
14. Confidentiality
The parties acknowledge that during the course of their business relationship, confidential information may be disclosed. “Confidential Information” includes, but is not limited to, proprietary business information, trade secrets, technical data, customer lists, financial information, and any other information that isdesignated as confidential.
Non-Disclosure Obligation: Each party agrees to keep all Confidential Information confidential and not to disclose, publish, or disseminate any Confidential Information to any third party without the prior written consent of the disclosing party.
Use of Confidential Information: The receiving party agrees to use the Confidential Information solely for the purpose of fulfilling obligations or exercising rights under the agreement between the parties.
Exceptions: The obligations of confidentiality shall not apply to information that:
- Is or becomes publicly known through no fault of the receiving party.
- Is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.
- Is rightfully received from a third party without restriction on disclosure.
- Protection of Confidential Information: The receiving party agrees to take all reasonable measures to protect the confidentiality of the Confidential Information, including but not limited to implementing appropriate security measures and restricting access to the Confidential Information to those employees or agents who have a need to know for purposes consistent with the agreement.
Term: The obligations of confidentiality shall survive the termination or expiration of the agreement and shall continue for a period specified in the agreement or until the Confidential Information no longer qualifies as confidential under the terms herein.
Remedies: The parties acknowledge that a breach of this confidentiality agreement may cause irreparable harm, and in addition to any other remedies available at law or in equity, the disclosing party shall be entitled to seek injunctive relief to enforce the terms of this agreement.
By entering into the agreement, the parties acknowledge their understanding of and agreement to abide by the terms of this confidentiality agreement regarding the protection and use of Confidential Information.
15. Governing Law
This contract shall be governed by the laws of the United Kingdom without regard to its conflict of law principles.
16. Entire Agreement
This document constitutes the entire agreement between the parties and supersedes any prior agreements or understandings.
17. Amendments
Any amendments to this agreement must be made in writing and signed by both parties.