Terms & Conditions of Supply for Nest Estimating Ltd
A. Orders for estimates cannot be cancelled once the quote for works has been accepted either by the order form or via email. Cancellations after work has been agreed will be billed at our hourly rate as time spent, up to the value of the total order.
B. By accepting our quotation either via email or by order form means you accept the terms & conditions and are happy to proceed under these conditions.
C. Information provided by the client is used to put together the estimate and will not be checked against site or building regulations. It is assumed that plans supplied by the client are accurate and passed by planning and building regulations and any/all statutory undertakings where relevant.
D. It is the responsibility of the client to ensure information provided on order forms is complete and accurate for use in the estimate. Any further information should be provided to Nest promptly in order to supply the estimate and to co-operate fully.
E. Nest will take reasonable measures to ensure the estimate is received by the client on the agreed delivery date, but this will be an estimate only and shall not be of the essence for performance of our services.
F. Nest warrants that the service provided is completed with reasonable care and skill.
G. Nest Estimating cannot be held responsible or liable for material uplifts/changes, this is the responsibility of the client to check prior to ordering.
H. Quantities for material ordering should be taken from a site measurement and checked against the estimated value.
I. All reports issued by Nest Estimating are Estimated and should not be assumed as actual values the reports are provided as a guide and should be verified by who’s in charge of that project. Nest is unable to accept liability for the how these reports are interpreted or used and there for accept no liability of loss. All values should be checked by the person responsible for the project.
J. Nest Estimating Service provides budget costs for the items listed below or they will be marked as exclusions in the assumptions, unless clearly indicated by the client on the estimate order form before estimating commences;
• Electrics
• Plumbing
• Heating
• Sanitary ware
• Kitchen
• Utility
• Fire / Wood burning stove
• Wall and floor tiling
• Carpeting / Wood flooring
• Staircases
K. Neither Nest Estimating nor any estimate service provider, assume liability for any loss as a result of inaccuracy, inaccurate description or any other error in the information supplied by the client. We assume no liability for any changes as a result of site conditions whether specified at the time of instruction or otherwise, nor for any matters pertaining to the project beyond our control.
L. Every care is taken in the preparation of our estimates, on receipt of completed estimates, it is the responsibility of the client to check for errors or omissions within 7 working days from date of delivery. Should errors or omissions be identified by the client they should be brought to the attention of your estimator who will correct the error promptly without charge to you, as appropriate. If the person responsible for completing the estimate does not believe it requires correction, the matter will be referred to the managing director who will discuss the problem with you directly.
M. Any other variations to estimates post-delivery are subject to fees charged at our hourly rate. Your estimator can provide details.
N. Nothing in these Conditions shall limit Nest Estimating Ltd liability for:
• Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
• Fraud or fraudulent misrepresentation; or
• Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
Subject to the above:
Nest Estimating Limited shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract; and
Nest Estimating Limited’s total liability to you in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, other otherwise, shall in no circumstances exceed £1,000,000 (being the extent of our insurance cover).
Should you be dissatisfied with our estimating services, at our entire discretion we reserve the right to either re-do the estimate or refund payment, in either case this will be our entire liability to you.
The terms implied by section 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the contract. This shall survive termination of the contract.
O. General
Force majeure:
1. ‘Force Majeure Event’ means an event beyond the reasonable control of Nest Estimating Limited including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of Nest Estimating Limited or any other party), failure of a utility service or transport network, Act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
2. Nest Estimating Limited shall not be liable to the client as a result of any delay or failure to perform its obligations under this contract as a result of a Force Majeure Event.
3. If the Force Majeure Event prevents Nest Estimating Limited from providing any of the Services for more than [3] weeks, Nest Estimating Limited shall, without limiting its other rights or remedies, have the right to terminate this contract immediately by giving written notice to the client.
Assignment and subcontracting:
1. At any time Nest Estimating Limited may decide to assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the contract and may subcontract or delegate work in any manner or all of its obligations under the contract to any third party or agent.
2. Under the contract the client shall not, without prior written consent of Nest Estimating Limited assign, transfer, charge, subcontract or deal any other manner with all or any of its rights or obligations.
Notices:
1. Communication or any other notice required should be in writing and given to the parties in connection with this contract. It should be delivered personally, sent by prepaid first-class post, recorded delivery or by commercial courier to its registered office (if a company) or (in any other case) its principal place of business. Communication or any other notice can be sent via fax to the other party’s main fax number if applicable.
2. It will be understood that notices or other communication has been received if delivered personally, when left at the address referred to above, if sent by pre-paid first-class post, recorded delivery at 9.00am on the second business day after posting. If delivered by commercial courier on the date and at the time that the courier’s delivery receipt is signed, or if sent by fax, on the next business day after transmission.
3. This sub-clause (c) shall not apply to the service of any proceedings or other documents in any legal action. For the purposes of this clause, ‘writing’ shall not include emails and for the avoidance of doubt notice given under this contract shall not be validly served if sent by email
Waiver:
1. Rights under the contract will only be waivered if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the contract or by law shall constitute a waiver of that or any right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
2. Unless specifically provided otherwise, rights arising under the contract are cumulative and do not exclude rights provided by law.
Severance:
1. For a contract (or part of any provision) to be deemed invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be inspected by a court of law or any other competent authority. Finding that any provision of the, and the validity and enforceability of the other provisions of the contract shall not be affected.
2. If any invalid, unenforceable or illegal provision of the contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
No partnership:
No contract is intended to or shall be seen to constitute a partnership or joint venture of any kind, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
Third parties:
A third party constitutes a person who is not a party to the contract and does not have any rights under or in connection with it.
Variation:
Any variation to these conditions, to include the introduction of any additional terms and conditions, to the contract, will only be binding if agreed in writing and signed by the supplier.
Governing law and jurisdiction:
This contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
Entire agreement:
This is the only agreement between the client and Nest Estimating Ltd in relation to the service provided to the client. This agreement can only be modified if in writing and signed by the managing director of Nest Estimating Ltd.
