Terms and Conditions
1. Parties, Definitions and Interpretation
In these terms and conditions (which are referred to in this document as “these terms”), “Customer” means the customer for whom the Works are to be carried out by Caroline Builders, “Caroline Builders” means Caroline Builders or, as the case may be, any authorised trading entity operating under that name, “Contract” means the agreement between the Customer and Caroline Builders to carry out the Works of which these terms form a part and (where these terms are a schedule to a signed agreement between the Customer and Caroline Builders) that agreement, “Works” means the works described in Caroline Builders’ estimate and/or as referred to in Caroline Builders’ Work Detail Sheet or any other document or email issued by Caroline Builders, as may be varied by agreement in writing between the parties.
For the purposes of these terms, “in writing” and “written” include by email and any document which is set out in a hand-held device and any signature on a hand-held screen shall be treated as in writing. In these terms words importing the masculine gender also include the neuter and the feminine gender and words importing the singular number include also the plural number, where the context so requires.
2. General
2.1 The Customer will be treated as an Account Customer or a Non-Account Customer, according to Caroline Builders’ reasonable discretion.
2.2 All estimates given by Caroline Builders, all orders and instructions given by the Customer, and all work authorisations, are governed by these terms. They supersede any other terms appearing elsewhere and override and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in the order or instructions or in any negotiations or in any course of dealing established between Caroline Builders and the Customer, except where these terms are a schedule to a signed agreement between the Customer and Caroline Builders, in which event these terms apply only to the extent not inconsistent with that agreement.
2.3 The Customer acknowledges that Caroline Builders has not made any representations (other than any expressly stated in the Contract and/or in Caroline Builders’ estimate) which have induced it to enter into the Contract and the Contract shall constitute the entire understanding between the Customer and Caroline Builders for the performance of the Works.
2.4 No modification to the Contract shall be effective unless made by an express written agreement or email exchange between the parties. The signing on behalf of Caroline Builders of any documentation of the Customer shall not imply any modification of the Contract.
2.5 Nothing in this Contract is intended to confer on any person any right to enforce any term which that person would not have but for the Contracts (Rights of Third Parties) Act 1999.
3. The Price, Estimates and Variations
3.1 Unless Caroline Builders provides the Customer with a written estimate which is accepted by the Customer in accordance with its terms, all Works will be charged on the basis of Caroline Builders’ standard Rate Card applicable at the time the Works are carried out.
3.2 Any estimate by Caroline Builders is subject to withdrawal by Caroline Builders at any time before receipt of an unqualified acceptance from the Customer and shall be deemed to be withdrawn unless so accepted within 28 days from its date.
3.3 Where Caroline Builders provides the Customer with an estimate which is accepted by the Customer in accordance with its terms, that estimate is a firm, fixed price quotation unless otherwise specified by Caroline Builders in the estimate and except as set out below.
3.3.1 An estimate is based on the information made available to Caroline Builders by the Customer. If during the conduct of the Works it becomes apparent to Caroline Builders that such information was incorrect or insufficient, Caroline Builders reserves the right to revise the estimate.
3.3.2 If prior to carrying out the Works there is an increase of more than 10% in the cost of parts, materials, equipment hire or transport, Caroline Builders reserves the right to issue a revised estimate.
3.4 For materials not carried as part of Caroline Builders’ standard stock, a fixed collection fee of £50 plus VAT applies unless otherwise stated.
3.5 Caroline Builders’ standard Rate Card is available on request. There is a minimum charge of one hour and thereafter charges are made in half-hour increments.
3.6 Prices are exclusive of VAT unless otherwise stated.
3.7 Diagnostic work is chargeable even where a different fault is subsequently identified.
3.8 Caroline Builders may apply a mark-up on supplied materials up to a maximum of 65% of cost.
4. Payment and Title
4.1 Non-Account Customers: Payment is due on completion of the Works.
4.2 Account Customers: Invoices are payable within 30 days of issue.
4.3 Snagging: 95% payable on completion, balance payable on completion of snagging or after 14 days if access is not provided.
4.4 Where the Customer is represented by a third party, that party shall remain jointly responsible for payment unless agreed otherwise in writing by Caroline Builders.
4.5 Interest and recovery charges may apply in accordance with applicable law.
4.6 Caroline Builders shall not be required to issue certificates or guarantees until payment is made in full.
4.7 Title to all materials remains with Caroline Builders until payment is received in full.
6. Commencement and Completion Dates
Dates are estimates only. Caroline Builders accepts no liability for delay or non-attendance caused by circumstances beyond its control.
7. Permits, Licences, Consents and Access
The Customer is responsible for permits, access, safety, utilities, and third-party permissions unless otherwise agreed in writing. The Customer indemnifies Caroline Builders against claims arising from failure to meet these obligations.
8. Frozen Pipes
Caroline Builders accepts no liability for fractures or blockages caused by frozen pipes.
9. Removal of Waste Materials
Unless agreed in writing, the Customer is responsible for waste removal.
8. Contact Us
For any questions or concerns about this policy or your personal data, please contact us at info@carobuild.co.uk
10. Force Majeure
Caroline Builders is not liable for failure or delay caused by events beyond its reasonable control.
11. Inspection of Works and Complaints
The Customer shall inspect the Works as soon as reasonably practicable after completion. Any defects discovered must be notified to Caroline Builders in writing or by email within 7 days of discovery. Failure to inspect immediately does not affect the Customer’s rights regarding latent defects. Caroline Builders shall acknowledge receipt of any complaint within 5 working days and arrange inspection or remedial action within a reasonable time
12. Defects
12.1 Caroline Builders undertakes to remedy, at its own expense, any defects in the Works arising from its breach of contract or negligence which become apparent within 12 months of completion, provided payment has been made in full. This guarantee does not apply to defects caused by misuse, neglect, or unauthorised third-party work. Nothing in this clause affects the Customer’s statutory rights. Claims must be made in writing within 7 days of discovery of the defect. Caroline Builders will carry out repairs or replacements within a reasonable time.
12.2 Manufacturer warranties apply to materials; exclusions include misuse, third-party work, structural movement, drainage root damage, partial roofing repairs, and non-Caroline Builders locks.
13. Caroline Builders’ Liability
13.1 Caroline Builders’ liability is limited to repair, personal injury caused by negligence, and reasonable reinstatement costs.
13.2 No liability is accepted for pre-existing defects or weaknesses.
13.3 Caroline Builders shall not be liable for any loss, damage, or defect arising from or connected to works carried out by subcontractors or third parties directly instructed by the Customer. Any guarantee or liability provided by Caroline Builders under this Contract shall be invalidated to the extent that such third-party works affect or interfere with the Works completed by Caroline Builders.
14. Customer’s Liability
The Customer is responsible for losses arising from failure to meet contractual obligations and for the safety of Caroline Builders’ equipment.
15. Cancellation
Cancellation charges apply as set out, including cooling-off rights where applicable and administration charges based on notice periods.
16. Waiver and Variation
No waiver or variation is effective unless agreed in writing by Caroline Builders.
These Terms and Conditions are effective as of 30/11/2023. We encourage you to review them periodically for any updates or changes.