Our terms and conditions 

Full terms and conditions 

 

    Interpretation

1.1. References to any statutory provision, authority, rule or code of practice shall be deemed to include the amended versions, replacements or successors of such.

 

Relationship between the Parties

2.1. The Client engages  JMBD to provide the services specified in these terms and conditions and attached schedules. 2.2. No term of this agreement or course of dealings between the parties shall operate to make JMBD and employees or agent of the Client. 2.2. Neither party shall assign or transfer any of their rights, liabilities or obligations arising under this agreement without the prior written consent of the other party.  By Accepting an Estimate from JMBD you have agreed to the Contract and Terms and Conditions of JMBD

 

 The Estimate 

3.1. JMBD shall provide to the Client a proposal for the services to be provided (“the Estimate”) which shall set out: a) The services which JMBD will undertake for the Client. b) The date or time period within which the service will be performed. c) The Estimated price which the Client shall be charged for the performance of the services including: i. Any fees which JMBD shall charge (Additional Costs)(Late Payment Fees). ii. Any disbursements or expenses which  JMBD will require the Client to meet (including but not limited to the prices of materials). iii. Any VAT or tax element which will be payable by the Client. 3.2. The Estimate shall be attached to these terms and conditions as a schedule JMBD and where a contract is entered into between and the Client, the Client will be deemed to have accepted the content of the Estimate in full including any extras and alterations which have be added by the client at a later date -  (Extras will be added to the total of the original estimated job,  at time of completion must be paid along with original estimate as detailed on accepted estimate.  Extras are anything requested or needed which were not detailed on accepted estimate.  JMBD will not be held responsible for customers adding materials/Labour to accepted estimates and this will be the customers responsibility for ensuring that all required work was on the original estimate before accepting the estimate.  Therefore Customers are liable to pay for all extras required/requested.)(Accepted estimate is validated from the day customers booked in the job and the first day work commenced).

JMBD are NOT responsible for the condition of customer sourced materials,  any costs accruing from JMBD having to make repairs to faults with second hand materials in order to complete the original estimated job will be the customers responsibility to pay,  these will be added to estimates as extras,  example -  extra Time and Labour to source/repair materials and/or -  Extra Materials to replace faulty or damaged customer sourced materials.  Be aware any extra Time/Labour/Materials occurring from customer sourced materials are (NOT) part of your original estimate and these extras will be added.)

 

The Services and the Time and Manner of their Delivery

 4.1. JMBD will provide such services to the Client as are set out in the Estimate. 4.2. The services will be provided to the Client within the time frame specified in the Estimate. 4.3. Time frames and dates of delivery are provided for guidance only and JMBD makes no guarantee that the services will be performed within the specified period. For the purposes of this agreement, time shall not be of the essence and JMBD shall not be liable for any loss or damage suffered by the Client as a result of the delivery of services being delayed or postponed for any reason.

 

Payments  

5.1. The contract price is set out in the Estimate, which includes details of the charges which JMBD will make for labour, materials and plant as well as any taxes or additional costs or expenses or disbursements which JMBD may charge to the Client. 5.2. The intervals at which JMBD may invoice the Client in respect of the whole or an instalment of the contract price are set out in the Estimate. 5.3. Notwithstanding 5.1 and 5.2 above, JMBD may vary the contract price from the amount set out in the Estimate where he has provided services which are different or in addition to those set out in the Estimate either at the specific request of the Client or because he has been required to complete additional work which was not anticipated at the time the Estimate was made, or because of market fluctuations in the price of materials. 5.4. The Client agrees: a) Not to withhold any sums due to JMBD. b) To settle all invoices raised by JMBD on the day of completion. c) To pay to JMBD interest at a rate of 8 percentage above the Bank of England base rate on any payments which are not settled in accordance with section 5.4 and any administration fees which will also be applied(b). d) To pay to JMBD such costs and expenses as he may incur in recovering payment from the Client where the Client fails to make payment in accordance with these terms and conditions. Cancellation In accordance with Scots Law (Acceptance of the contract is validated from the day the Estimate is accepted, by accepting the estimate you are accepting JMBD contract and Terms and Conditions) reasonable administration costs which JMBD has incurred will be charged. Any cancellation will not entitle the Client to a refund of any monies paid where JMBD has made a loss of earnings due to unreasonable cancellations and unreasonable timings of cancellations. 

 

Client’s Obligations

6.1. The Client shall be responsible for the correctness of all measurements for products or materials which he gives to JMBD . Where these measurements are not correct and accordingly materials or products which are ordered or provided by JMBD are the wrong size, the Client shall bear the expense of rectifying this.

 

6.1.1(Extras are anything requested or needed which were not detailed on accepted estimate. Extras will be added to the total of the original estimated job,  at time of completion must be paid along with original estimate as detailed on accepted estimate. JMBD will not be held responsible for customers adding materials/Labour to accepted estimates and this will be the customers responsibility for ensuring that all required work was on the original estimate before accepting the estimate.  Any special requests after the job starts should be made through the office by the customer, this is customers responsibility there are no discounts or special arrangements from the builder to customer unless the customer has made these discussions with the office, the office agreed and the customer is sent a new agreed price.  Therefore Customers are liable to pay for all extras required/requested that have been made through the builder unless special arrangements have been made through the office by the customer.)JMBD does not accept/ nor acknowledge any verbal agreement assumed regarding special requests, discounts between customer and builder unless all discussed requests have been received,agreed,sent officially to the customer and all the steps have been followed by customer.  Therefore the final completion price sent by the office on the day of completion will be the price the customer must pay on the day of completion.  (Accepted estimate is validated from the day customers booked in the job and the first day work commenced, accepted estimate also accepts JMBD and T&CS which details of can be found on our website or a copy can be sent at your request).(JMBD are NOT responsible for the condition of customer sourced materials,  any costs accruing from JMBD having to make repairs to faults with second hand materials in order to complete the original estimated job  will be the customers responsibility to pay,  these will be added to estimates as extras  example -  extra Time and Labour to source/repair materials and/or -  Extra Materials to replace faulty or damaged customer sourced materials.  Be aware any extra Time/Labour/Materials occurring from customer sourced materials are (NOT) part of your original estimate and these extras will be added.) please refer to full T&C’s  (We regret to inform all customers that JMBD no longer accept cheques as a form of payment or Credit Cards.  Payments can be made by Traceable Instant Bank Transfer or Cash, On day of completion all outstanding balances must be settled or a Late Payment Fee will be applied)

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6.2. The Client shall co-operate with JMBD as may be necessary to facilitate this agreement, including but not limited to:  a) Permitting JMBD access to the property or location in which the services are to be supplied (“the Site”) and assuring that such access is appropriate and adequate. b) Where the Site is indoors, ensuring that there is adequate ventilation. c) Providing for JMBD such facilities as may be necessary in order to allow him to complete the services. d) Following JMBD reasonable Instructions relating to safety and the state of work which has recently been completed by JMBD or is in the process of being completed or to the state of the Site in general, including directions and restrictions on appropriate usage, care and maintenance. 6.3. Unless the Estimate specifies otherwise, the Client will be responsible for any cleaning and redecorating which is necessary to the Site after JMBD has completed the agreed services (with the exception of the removal of waste materials or building rubble, which shall be the responsibility of JMBD as set out in 6.4, below). 6.4. Where JMBD stores or keeps any materials or equipment on Site, the Client shall be responsible for the security and safety of such and shall account to JMBD for any loss or damage. 6.5. The Client shall be responsible for any permissions, licences or consents which are necessary in order for the services to be provided. The Client warrants that he/she has applied for and obtained all such necessary permissions, licence or consents prior to contracting JMBD.  Should the client alter/request work in the middle of a job it is still the clients responsibility to make sure the permissions, licences or consents are correct for the work they have altered or requested this is also the case for materials altered or requested by client. 

 

Supplier’s Obligations

7.1.  JMBD shall perform all duties, services and obligations under this contract with reasonable care and skill and to a reasonable standard. He shall comply with all relevant codes of practice and statutory or regulatory requirements. 7.2. JMBD shall take all reasonable care with the Client’s property, including taking reasonable steps to protect the Client’s furnishings, fittings,  wall, ceiling and floor coverings during the provision of the services. 7.3. JMBD shall at all times be registered and remain in good standing with such organisations as may be relevant for the purposes of permitting him to self-certify the compliance of the services provided with the relevant building regulations or alternatively if he is not so accredited then he shall make arrangements for a building inspector to certify the compliance of the services provided with the relevant building regulations. JMBD shall be responsible for managing and arranging the safe and lawful disposal of any waste materials which are generated or removed from the Client’s property as a result of the provision of the services unless it has been arranged with the client that they are disposing of waste. 7.5. JMBD shall at all times hold valid public liability insurance policies.

 

 

Property Rights and Assumption of Risk

8.1. Any property rights, title or ownership in any property or materials which are used by JMBD in providing or delivering the service shall remain with JMBD  until the Client has made payment in full in accordance with these Terms and Conditions. Any unpaid property shall be given to JMBD not tampered with by others and able to use again or returnable condition and access to unpaid property shall be granted by the client for returning to JMBD in conditions mentioned above8.2. Risk in and responsibility for any products or materials which are used in the supply, performance or delivery of the services shall pass from JMBD  to the consumer: a) Where JMBD is responsible for delivering the products or materials to the Client, upon delivery; or b) Where JMBD  is not responsible for delivery, at the moment the products or materials leave JMBD storage premises.

 

The Guarantee

9.1. JMBD provides to the Client, in addition to any statutory rights which the Client may have, a guarantee that the services provided under this contract shall be free from defective or flawed materials or workmanship for a period of 3 years from the completion of the services, notwithstanding that this guarantee shall not apply to: a) Defects or flaws which are as a result of any misuse, failure to adequately and properly maintain, neglect or failure to follow Instructions or recommendations on the part of the Client. b) Any defect or flaw which is caused by mechanical or chemical damage (which is not in itself a result of some defect in the workmanship or materials) and which arises after risk in the property has passed to the Client c) a defect which arises due to the client not having the correct licences, consents or permissions for their requested materials or requested workmanship. 9.2. JMBD shall, at there sole discretion, determine the manner in which they will satisfy this guarantee, whether by repairing, re-performing or replacing the services or by refunding to the Client all or part of the monies which have been paid. 9.3. Where the Client considers that the services are defective upon delivery or performance then he shall notify JMBD of this within 30 days, failing which he shall not be entitled to claim the benefit of this guarantee. 9.4. This guarantee shall not become effective until the Client has paid JMBD in full, failing which the Client shall not be entitled to claim the benefit of this guarantee

 

Termination

10.1. This agreement shall continue until the services (or any mutually agreed addition, extension or variation thereof) have been provided, or until terminated in accordance with the below. 10.2. Without prejudice to the above the employment of  JMBD under this Agreement may be terminated immediately where any of the following circumstances arise: a) Either party commits a serious breach or persistent breaches of this agreement including but not limited to the nonperformance, neglect or default of any of his duties as outlined herein (including a failure on the part of the Client to make payment within agreed timescales) and after notice of this breach has been given to the defaulting party it remains unremedied and unrectified 7 days after such notice. b) Either party commits a breach of this agreement which cannot be remedied. c) Either party becomes insolvent or enters into a CVA or IVA or ceases to carry on the whole or substantially the whole of its business. 10.3. Upon termination of the employment of JMBD under this agreement the Client shall pay to JMBD such sums as may represent work done and expenses incurred up to and including the date of the termination. 10.4. Any right to terminate the employment of JMBD  under this agreement shall be without prejudice to any accrued rights or liabilities arising out of this agreement which are in existence at the date of termination.

 

Disclaimers and Exclusions

11.1. JMBD shall not be responsible in any circumstances to the Client or any third party for any loss of profit or indirect or consequential economic damage or loss, howsoever caused, whether as a result of negligence, misrepresentation, breach of contract or otherwise.  11.2. Nothing in the foregoing shall be read as restricting or limiting in any way JMBD .’s liability for death or personal injury. Indemnity The Client shall indemnify JMBD   against any loss or damage which results from the Client’s breach of this agreement or failure to abide by any of its terms. Force Majeure Neither party shall be liable for any delay or failure in performing its obligations or duties under this agreement which results from circumstances outside his reasonable control including but not limited to acts of God, industrial action, war, fire, threat of terrorism, civil disturbance or rioting, government or regulatory action, breakdown in plant or machinery or shortage of raw materials or supplies.

Warranty of Contractual Capacity

Both parties to this agreement warrant that they are authorised and permitted to enter into this agreement, and have obtained all necessary permissions and approvals.(Acceptance of the contract is validated from the day the Estimate is accepted, by accepting the estimate you are accepting to enter into JMBD contract and Terms and Conditions)

 

Whole Agreement, Governing Law, Severability and Miscellaneous Provisions

12.1. This document constitutes the entirety of the agreement between the parties. It supersedes any prior representations which may have been made, whether orally or in writing. Any modification to this agreement must be made in writing and signed by both parties. 12.2. This Agreement shall be governed by the Law of Scotland and the parties agree to submit to the exclusive jurisdiction of the Scottish Courts. 12.3. All clauses, sub clauses and parts thereof shall be severable and shall be read and construed independently. Should any part of this Agreement be found invalid this will not affect the validity or enforceability of any other provision or of this agreement as a whole. 12.4. All terms, conditions and covenants contained in this agreement shall bind the parties and their heirs, legal representatives, successors to title and permitted assignees. 12.5. Nothing in these terms and conditions shall incur any rights on a third party and no third party may enforce any provision of this contract under the Contracts (Rights of Third Parties) Act. 12.6. The failure by either party to enforce any provision of this agreement shall not be deemed a waiver or limitation of that party’s right to subsequently compel and require strict compliance with every provision of this agreement.