Terms & Conditions

The Parties:

This agreement sets out the terms and conditions that govern the contract between Building Vision London Ltd (CRN: 09837798) (referred to as "the Contractor") and the person or persons named overleaf, or, if no such person or persons are named, the person who orders Works from the Contractor under these Terms and Conditions (referred to as "the Customer").

  1. Terms and Conditions
    1. All orders for Works by the Customer are subject to and accepted strictly in accordance with the Terms and Conditions outlined herein. Each order constitutes an offer by the Customer to purchase services from the Contractor in accordance with these Terms and Conditions, and the order shall only be deemed to be accepted when the Contractor issues written or verbal acceptance of the order, at which point and on which date the Contract shall come into existence.
    2. These Terms and Conditions form the basis of the contract between the Contractor and the Customer, to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
    3. Any other terms and conditions or modifications to these Terms and Conditions will only be binding on the Contractor if they are agreed to in writing. The Contractor will not be deemed to have accepted any other terms and conditions or to have waived these Terms and Conditions by failing to object to provisions contained in any order or other communications from the Customer.
    4. References herein to “the Contract” mean the contract between the Contractor and the Customer for the supply of goods or services or goods and services in accordance with these Terms and Conditions.

  2. The Works
    The Works referred to in this agreement are the building services that will be provided by the Contractor, in accordance with the Estimate that has been provided to the Customer.

  3. Further Works
    Additional work may be requested by the Customer or may be necessary due to unforeseen circumstances. This may include extra, alternative or supplementary work, which will be provided by the Contractor.

  4. Time Estimates
    The Contractor will take care to complete the work efficiently and within a reasonable timeframe. While the Contractor will do its best to complete the work within the estimated time given to the Customer, please note that these time estimates are only approximate and the Contractor will not be held liable for any losses or damages resulting from delays in starting or completing the Works, or from any disputes that may arise. Time is not of the essence for the performance of the Works.

  5. Charges
    1. All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by the Contractor to the Customer, the Customer shall, on receipt of a valid VAT invoice from the Contractor, pay to the Contractor such additional amounts in respect of VAT as are chargeable on the supply of the services or goods at the same time as payment is due for the supply of the services or goods.
    2. The Contractor reserves the right to adjust the fees quoted to the Customer at any time before submitting the invoice for payment, taking into account any unforeseen circumstances that increase the cost of materials or services. The Contractor will inform the Customer of any additional works required due to directives from the local authority’s building department, planning department, or other competent authority, which will be charged separately and paid in full by the Customer upon completion.
    3. The quoted price or prices will be valid for one month from the date of the initial Estimate.
    4. The Contractor has the right to adjust the charges quoted to the Customer in the Estimate or otherwise before submitting the invoice, in case the cost of materials increases due to circumstances beyond the Contractor's control.
    5. Unless stated otherwise, no provision is made for the repair of plastering beneath papered, tiled, or any other materials to walls or ceiling surfaces. The Contractor assumes that the plastering is in good condition and can take the specified treatment. The costs of any repairs or renewals for defects not visible during inspection or estimating will be charged to the Customer unless specified in the Estimate.
    6. The Contractor will provide a quotation for any additional work requested by the Customer. The Contractor will not proceed with the work until written confirmation is received from the Customer.
    7. If there are any additional Works that require immediate attention, such as emergency repairs that are needed to prevent further damage or compromise to the structure, or any Works that may cause delays to the Contractor's planned schedule, the Customer gives authorization to the Contractor to proceed immediately to perform the necessary Works. In such cases, the Contractor may charge the Customer for all necessary costs without providing a quotation or receiving written confirmation from the Customer.
    8. The Customer is responsible for any additional costs incurred by the Contractor in carrying out further Works in accordance with the Customer's request.

  6. Terms of Payment
    To ensure timely payment and avoid any misunderstandings, the following payment terms shall apply:
    1. The Customer shall make an initial payment of thirty percent of the total agreed price at the time when the order for Works is placed. This payment is required upfront and is non-negotiable, unless the Contractor agrees to a different payment arrangement in writing. The Contractor has the final say in deciding whether or not to accept a different payment arrangement.
    2. The Contractor may also request interim payments from the Customer as and when necessary, and the Customer agrees to make such payments promptly.
    3. Upon completion of all works, a final balance of no more than five percent of the agreed price shall be outstanding.
    4. The remaining balance, which includes the Charges calculated in accordance with the clause, shall be paid within 7 days of the Contractor's invoice for payment. It is understood that the Contractor's final invoice will be submitted upon completion of the Works.
    5. The Contractor reserves the absolute discretion to enter into any specific agreement that may alter these payment terms. However, in the absence of such an agreement, the Customer agrees to adhere to the above payment terms and ensure timely payment of all amounts due.
    6. The Customer should be aware that they do not have the right to hold back payment for any amount owed under this contract based on a disputed claim regarding faulty work or an alleged breach of contract by the Contractor. In cases where there is a disagreement concerning defective work or an alleged breach of contract, the Customer agrees to deposit the outstanding amount into an independent account. This account will be controlled by a qualified Surveyor, appointed in accordance with clause 9.1.
    7. All payments made by the Customer to the Contractor shall be made without set-off, withholding, deduction, or counterclaim.
    8. The Contractor has the right to claim interest, compensation, and reasonable costs under the Late Payment of Commercial Debts (Interest) Act 1998 (Act). This applies both before and after any judgment. If the Act does not apply for any reason, interest will be payable on overdue amounts at a rate of 8% over the Bank of England Base Rate.
    9. While the Contractor maintains the right to claim costs under the Late Payment of Commercial Debts (Interest) Act 1998, the Contractor also reserves the right to be reimbursed for any expenses incurred in recovering outstanding payments under these Terms and Conditions and any performance of the Works. This includes the Contractor’s administrative costs, as well as any costs associated with legal assistance or debt collection agencies. The Contractor’s administrative costs encompass the employment expenses and overheads related to the staff involved in the recovery process. Any compensation due under the Late Payment of Commercial Debts (Interest) Act 1998 will be considered when calculating the Contractor’s administrative costs.
    10. Time for payment of the Contractor’s invoices shall be of the essence of the Contract.

  7. Scope of Surcharge:
    1. The Customer shall pay a 20% surcharge on finishing materials organized and paid for by the Contractor for the project specified in the Contract.
    2. The surcharge shall only apply to finishing materials, which include but are not limited to paints, wallpapers, flooring materials, decorative fixtures, or any other materials used for aesthetic purposes in the project.
    3. The Customer may request the inclusion of additional materials under the surcharge, subject to mutual agreement in writing between the Customer and the Contractor.

  8. Important Notice Regarding Customer’s Right to Cancel
    1. As a Customer, the Customer has the option to cancel the Contract within a period of seven days starting from the date the Contract was signed (Cancellation Period). To exercise this right the Customer must send a cancellation notice via Registered or Recorded post to the following address:
      Building Vision London Ltd
      108 Westleigh Avenue
      London SW15 6UZ
    2. Upon receipt of the cancellation notice, in accordance with the terms clause 8.1, any payment made by or on behalf of the Customer as part of the Contract will be eligible for a refund.
    3. If the performance of the Contract has already commenced, either exactly as stated or with the Customer’s written agreement, prior to the expiration of the Cancellation Period, the Contractor reserves the right to require the Customer to fully reimburse the Contractor for the cost of the goods and/or services that have been provided and/or any materials or equipment acquired by the Contractor from a third party in anticipation of carrying out the Works.

  9. Standard of Works
    1. The Contractor warrants to the Customer that the Works will be provided using reasonable care and skill.
    2. If the Customer is dissatisfied with the quality of the Works or believes that the Works have not been completed as per the specified requirements, it must notify the Contractor in writing within seven days of the Works' completion, providing details of the alleged defects. Subsequently, the Contractor will engage an independent surveyor appointed by the Secretary of the Royal Institution of Chartered Surveyors (Surveyor). The Surveyor will assess whether the Works have been carried out in accordance with the specified requirements and meet an acceptable standard, as determined by the Surveyor.
    3. Upon engaging the Surveyor initially, the costs associated with the Surveyor's services, as per the Surveyor's terms and conditions, will be shared and paid by both the Customer and the Contractor.
    4. Upon his determination the Surveyor will issue a certificate, which shall be binding upon both the Customer and the Contractor both of whom shall accept the determination and act in accordance with it, in the absence of manifest error or fraud.
    5. If the Surveyor concludes that the Works do not meet the acceptable standard or have not been completed as per the specified requirements, the Contractor will use reasonable endeavours to make the necessary rectifications to address such defects without imposing any additional charges on the Customer.
    6. While making the determination and issuing the certificate, the Surveyor is acting as an expert and not as an arbitrator.
    7. The party that is unsuccessful shall bear all the costs incurred by the Surveyor in reaching their determination and issuing the certificate.

  10. Customer’s Duties
    1. The Customer is responsible for ensuring that the premises where the Works are being carried out are adequately insured against potential risks such as fire, storms, high winds, gales, and any other foreseeable hazards.
    2. Prior to the commencement of the Works and throughout their duration, it is the Customer's responsibility to obtain insurance and ensure the protection and/or removal of all satellite dishes, television or radio aerials, as well as any other fixtures, fittings, furniture, additions, or attachments that are affixed to or near the work site.
    3. Prior to initiating the Works and throughout the entire duration, the Customer must provide written notification to the Contractor regarding any glass roofs, glass houses, or neighbouring glass structures. Such structures shall be explicitly included and reference in the Contract between both parties. The Contractor holds the discretion to board up any glass structures (with the Customer being responsible for associated costs) that they believe might be at risk of damage during the works. It is explicitly stated in this Contract that the Contractor shall not be held liable for any loss incurred by glass structures not specifically mentioned in the Contract.
    4. The Customer bears full responsibility for fulfilling all legal and statutory requirements, which encompass compliance with Planning and Building Regulations. This includes the submission of all necessary notices and applications, as well as the payment of all related fees.
    5. The Customer will provide the Contractor with (i) water and electricity, (ii) toilet facilities, (iii) storage space or facilities to accommodate the materials, tools, and equipment used by the Contractor, at no cost to the Contractor, for the duration of the performance of the Works and any remedial works as required by these Terms and Conditions.
    6. The Customer acknowledges and agrees that the Contractor shall assume full ownership of any salvageable items that are removed from the Works.
    7. Before the Contractor begins work on the site, the Customer is responsible for removing all their belongings, fixtures, and fittings from the working area and its surrounding vicinity. If the Customer fails to remove these items, causing obstacles or delays to the Works, the Contractor reserves the right to claim any additional costs and time delays incurred as a result. These costs will be itemized and included in the Contractor's final account.
    8. If the Works are delayed or last longer than expected for any reason (other than the direct fault of the Contractor), the Customer will be liable to pay for all loses and expenses incurred by the Contractor. These costs will be detailed in the Contractor’s final account.
    9. After the commencement of the Works, if the Customer makes any alterations or modifications to the specified scope of Works without obtaining written agreement from the Contractor, the Customer will be held liable for all costs incurred by the Contractor and any resulting losses. This includes expenses arising from the necessity to temporarily suspend or cancel the employment of staff who were initially engaged for the Works.
    10. Upon the commencement of the Works, if the Customer makes any alterations or modifications to the agreed scope of Works without obtaining written agreement from the Contractor, the Contractor retains the right to invoice the Customer for the original agreed price as stated in the Contract.
    11. If the Customer raises any claim due to damage caused to their property or goods by the Contractor, the Contractor will handle the matter by involving their insurance. The Customer is not authorized to withhold any payment specified in the contract and should address any claim directly with the Contractor's insurance provider.
    12. The Customer is responsible for always maintaining sufficient indemnification for the Contractor, covering any claims for compensation arising from loss or damage caused due to the Customer's failure to fulfil the duties outlined in this agreement.
    13. If the Contractor’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
      1. without limiting or affecting any other right or remedy available to it, the Contractor shall have the right to suspend performance of the Works until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Contractor’s performance of any of its obligations;
      2. the Contractor shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Contractor's failure or delay to perform any of its obligations as set out in this clause 10.13; and
      3. the Customer shall reimburse the Contractor on written demand for any costs or losses sustained or incurred by the Contractor arising directly or indirectly from the Customer Default.

  11. Liability
    1. Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
      1. death or personal injury caused by negligence;
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and
      4. defective products under the Consumer Protection Act 1987.
    2. Subject to clause 11.1, the Contractor’s total liability to the Customer in respect of all or any breaches of duty arising out of or in connection with the Contract hereunder shall not exceed all sums paid by the Customer and all sums payable under the Contract in respect of goods and services actually supplied by the Contractor, whether or not invoiced to the Customer.
    3. The Contractor shall not be liable to pay for any works, or render good any defects in such work, carried out upon the Customer’s premises by any person, firm or company unless the engagement of such a person, firm or company shall have been made with the knowledge acquiescence and prior written consent of the Contractor.
    4. While the Contractor will exercise caution, they cannot be held responsible for any dirt or dust that may arise during the Works. Additionally, the Contractor will not be liable for any damage incurred by the Customer's personal belongings left within the areas where the Works are being carried out. It is solely the Customer's responsibility to take appropriate measures to protect against dirt and dust, as well as to remove their personal items and goods from the vicinity of the Works at all times.
    5. The Contractor shall not assume liability for any damages resulting from pre-existing defects in the structure or any other part of the proposed Works site.
    6. While the Contractor will exercise due care, they cannot be held liable for any cracking or damage that may arise as a result of movement or vibration within the structure during the progress of the works.
    7. While the Contractor will exercise due care in performing the Works, it is important to note that weather conditions may impact pointing, rendering, and other cement-related Works. The Contractor cannot guarantee the effects of weather on such works. Therefore, the Contractor will not be held responsible for addressing or rectifying any damage that may occur in relation to weather conditions.
    8. The Contractor will not be held liable for any damage or loss incurred by appliances, fixtures, fittings, furniture, additions, or structures of any kind, including glass or non-glass items. This exclusion applies when such damage or loss is a result of the Customer's failure to adequately protect or remove the mentioned items in accordance with the Customer's responsibilities outlined above.
    9. The Contractor will not be held responsible for any damage caused to the Customer's premises due to water penetration or any other reason, including weather conditions.
    10. Under no circumstances will the Contractor be held liable for any faults or defects in goods purchased on behalf of the Customer. It is the Customer's responsibility to address and resolve any claims regarding faulty or damaged goods directly with the suppliers or manufacturers, and the Customer irrevocably waives any claim it may have in the future against the Contractor in this regard.
    11. Where the Contractor uses sub-contractors to carry out all or any works, all or any sub-contractors will be fully insured and liable for their work/s and will be under an obligation with the Customer to remedy all / any defective, sub-standard or any issue with their works. In the event of any disputed work or claim the Contractor will not be liable, and the Customer will raise all claims directly with the sub-contractor.
    12. Where the Contractor uses sub-contractors to carry out all or any works, all or any sub-contractors will be fully insured and liable for their work/s and will be under an obligation with the Customer to remedy all / any defective, sub-standard or any issue with their works. In the event of any disputed work or claim the Contractor will not be liable, and the Customer will raise all claims directly with the sub-contractor.
    13. The Contractor will take use reasonable endeavours to ensure that the labour and materials provided result in a satisfactory outcome. If any faults or defects arise within the agreed-upon defects liability period after the completion of the Works, and they are a result of materials or workmanship that do not comply with these Terms and Conditions, the Contractor will rectify them at its own expense. However, the Customer must notify the Contractor in writing of such faults or defects within a five working days after the completion of the Works. It should be noted that cracks caused by normal movement or drying out of materials such as timber or plaster will not be considered as defects. The defects liability period will not exceed three months from the practical completion of the works.
    14. Under no circumstances will the Contractor be held responsible for any loss or damage incurred by the Customer, whether it is direct, consequential, or indirect. This includes losses or damages arising from the Contractor’s negligence, breach of contractual duty, or any other manner. Consequential or indirect loss or damage specifically refers to but is not limited to harm caused to the Customer’s property or the property of a third party, as well as personal injuries sustained by the Customer or any other individuals. However, in the case of personal injury resulting from the negligence of the Contractor or their workers, the Contractor will be held accountable.
    15. Without invalidating the previous statement and in any circumstance, the Contractor's liability, if applicable, for any loss or damage incurred, regardless of the cause, will be limited to either the cost of repairing the loss or damage, or the total amount payable under this contract, whichever amount is lower.
    16. Force majeure. The Contractor shall be under no liability if they are unable to carry out any provision of the contract for any reason beyond their control including (without limitation) Act of God, legislation, pandemic or public health emergency, war, terrorism, fire, flood, drought, inclement weather, late delivery of materials, failure of power supply, failure of utility services to deliver goods / services, lock-out, strike, or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the Contract. During the continuance of such a contingency the customer may by written notice to the Contractor elect to terminate the contract and pay for work done and material used, but subject thereto shall otherwise accept delivery when available.

  12. Termination
    1. Without affecting its rights and remedies, the Contractor can suspend or end this Contract with immediate effect if one or more of the following circumstances apply:
      1. If the Customer fails to pay any interim invoice and still fails to pay seven (7) days after receiving written notice.
      2. If the Customer, any of their employees, relatives, agents, or related parties interfere with or obstruct the progress of the Works or fail to provide the necessary access to the site for the Contractor.
      3. If the Customer becomes bankrupt or goes into liquidation or makes a composition or arrangement with creditors.
      4. the Customer’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy.
    2. On termination of the Contract:
      1. the Customer shall immediately pay to the Contractor all of the Contractor’s outstanding unpaid invoices and interest and, in respect of services and goods supplied but for which no invoice has been submitted, the Contractor shall submit an invoice, which shall be payable by the Customer immediately on receipt;
      2. the Customer shall return all of the Contractor’s materials, tools and equipment at the site and any deliverables which have not been fully paid for. If the Customer fails to do so, then the Contractor may enter the Customer's premises and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract.
    3. Termination of the Contract shall not affect any rights, remedies, obligations and liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.

  13. General
    1. The ownership of all materials delivered to or present at the site where the proposed Works will take place will remain with the Contractor. The title to these materials will not transfer to the Customer, their trustee in bankruptcy, or their assignees until all of the Contractor's invoice(s) has or have been fully paid and settled.
    2. In cases where the Customer is a Limited Company or in situations where the Contractor deems it necessary in their absolute discretion, the Contractor has the right to request written personal guarantees from the directors of the Limited Company or any other individual whom the Contractor deems suitable, to safeguard against potential losses from unpaid debts.
    3. The Contractor reserves the rights to use photographs showcasing completed work on websites, promotional leaflets, and folders for promotional purposes and the Customer hereby irrevocably waives any objection they have or may have to the Contractor’s use of such photographs.
    4. The Contractor reserves the right to install temporary name signs or banners on the property during the work, preparation phase, and for a duration of up to one month following the completion of the Works.
    5. The Contractor reserves the right to refuse the use of any materials or services supplied by others sourced by the Customer. Cost of delays and supplying substitutes will be charged to the Customer.
    6. By providing verbal, written, signed, emailed, or faxed acceptance of the Estimate, as well as any subsequent agreement for additional Works, the Customer acknowledges and agrees to be bound by these Terms and Conditions.
    7. The Contract constitutes the entire agreement between the parties.
    8. Each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.

  14. Law and courts
    1. These Terms and Conditions and the Contract shall be governed by and construed in accordance with the Laws of England.
    2. The parties irrevocably agree to the courts of England having exclusive jurisdiction to settle and disputes arising out of or in connection with the Contract, including non-contractual disputes or claims.