ENVISION BUILDING LTD
TERMS OF BUSINESS
1. Acceptance
These Terms of Business apply to all quotations, estimates, projects and works undertaken by Envision Building Ltd.
Acceptance of a quotation, payment of a deposit, written instruction to proceed, email confirmation, electronic acceptance or any request for works to commence shall constitute acceptance of these Terms of Business.
2. Terms Availability
The latest version of these Terms of Business is available on the Envision Building Ltd website.
A copy may also be supplied with quotations, invoices and project documentation.
It is the client’s responsibility to review these Terms of Business before accepting a quotation or instructing works to commence.
3. Quotations
All quotations are based upon information available at the time of pricing and remain valid for 30 days unless otherwise stated.
Quotations are based upon the agreed scope of works and specification. Any changes may result in additional costs and revised completion dates.
Any drawings, visuals, concepts or illustrations are for guidance only unless specifically stated otherwise.
4. Deposits
To secure a project start date and allow labour, project planning and materials to be arranged, a deposit may be required.
| Project Value | Deposit Required |
| Up to £15,000 | 20% |
| Over £15,000 | 10% |
| Larger projects | As agreed in writing |
The deposit forms part of the total contract value.
Once a quotation has been accepted and a project start date agreed, the deposit becomes non-refundable.
Envision Building Ltd reserves the right to retain the deposit to cover administration, planning, labour allocation, loss of business opportunity and costs incurred before commencement.
5. Stage Payments
Where applicable, stage payments will be agreed before works commence.
Invoices become due immediately upon completion of the agreed stage or on the date stated within the payment schedule.
At no point shall the value of labour, materials or completed works substantially exceed the value of payments received.
Envision Building Ltd reserves the right to suspend works where any payment becomes overdue.
6. Final Payment
Final payment becomes due upon Practical Completion.
Practical Completion means the works are substantially complete and capable of being used for their intended purpose, notwithstanding minor defects or snagging items.
Minor snagging items do not entitle the client to withhold final payment.
7. Late and Overdue Payments
Invoices must be paid by the due date stated on the invoice.
Envision Building Ltd reserves the right to charge interest on overdue accounts at a rate of 8% above the Bank of England base rate together with any debt recovery, legal and administrative costs permitted by law.
Where payment remains outstanding beyond the due date, Envision Building Ltd reserves the right to:
- Suspend works immediately.
- Remove labour from site.
- Postpone future works.
- Refuse further instructions.
- Reallocate project start dates.
- Recover all reasonable costs incurred.
Any delays resulting from late payment shall not be the responsibility of Envision Building Ltd.
8. Payment Disputes
The client shall not withhold payment for completed works due to a dispute relating to another element of the project.
Any concern must be notified in writing and Envision Building Ltd shall be given reasonable opportunity to inspect and rectify any genuine defect.
Only the value of the genuinely disputed work may be withheld.
9. Variations
Any work requested outside the agreed quotation shall constitute a variation.
Variations may affect costs, completion dates and payment schedules.
Additional works shall be charged at the applicable rate.
Where reasonably possible, variations shall be confirmed in writing before commencement.
10. Materials and Specification Changes
The quotation is based upon the materials, products and specification agreed at the time of pricing.
If the client requests changes after acceptance of the quotation, this may affect project costs, lead times, warranties and completion dates.
Envision Building Ltd reserves the right to refuse the use of unsuitable products or materials where they may adversely affect the quality, safety, durability or finish of the works.
Materials ordered specifically for a project cannot be cancelled or refunded once ordered unless accepted by the supplier.
11. Ownership of Materials
All materials supplied by Envision Building Ltd remain the property of Envision Building Ltd until all outstanding invoices relating to the project have been paid in full.
Ownership of completed works shall not pass to the client until payment has been received in full.
12. Site Facilities and Hire Charges
Unless expressly stated otherwise within the quotation, the client shall be responsible for costs associated with site facilities, temporary services and hire items required for the completion of the works.
These may include:
- Portable toilets
- Skips
- Scaffolding
- Welfare facilities
- Temporary fencing
- Plant and machinery hire
- Parking permits
- Road permits
- Waste disposal
- Specialist access equipment
Where arranged by Envision Building Ltd, such costs will be charged as part of the contract sum or as an additional agreed charge.
Additional hire costs arising from delays outside the control of Envision Building Ltd may be chargeable.
13. Equipment, Tools and Site Property
All tools, plant, machinery, equipment, temporary works, access equipment, welfare facilities and site materials brought to site by Envision Building Ltd remain the sole property of Envision Building Ltd or its suppliers unless expressly agreed otherwise in writing.
The client shall not use, move, interfere with, lend, hire or permit third parties to use any equipment belonging to Envision Building Ltd without prior permission.
Any loss, theft, damage or unauthorised use may result in charges for repair or replacement.
14. Client Responsibilities
The client shall:
- Provide safe and reasonable access to the property.
- Provide access to water and electricity where required.
- Obtain all permissions, approvals and consents necessary for the works.
- Ensure working areas are free from obstruction.
- Inform Envision Building Ltd of any known hazards.
Any delays or costs arising from restricted access or client instructions may result in additional charges.
15. Health and Safety
Envision Building Ltd is committed to maintaining a safe working environment and complying with applicable health and safety legislation.
The client shall cooperate with all reasonable health and safety requirements relating to the works.
Children, pets, visitors and occupants must be kept away from active working areas unless authorised by Envision Building Ltd.
Envision Building Ltd reserves the right to suspend works where site conditions present a risk to health, safety, property or personnel.
Any delays or additional costs arising from unsafe conditions may be chargeable.
16. Timescales and Delays
Any start date, completion date or project duration provided by Envision Building Ltd is an estimate only.
Envision Building Ltd shall not be liable for delays caused by:
- Adverse weather conditions.
- Supplier delays.
- Material shortages.
- Hidden defects.
- Structural issues.
- Utility interruptions.
- Client variations.
- Delayed client decisions.
- Late payments.
- Circumstances beyond reasonable control.
17. Project Delays and Extended Suspension
Where works are delayed for more than 30 days due to client instructions, non-payment, lack of access, delayed decisions or circumstances outside the control of Envision Building Ltd, the company reserves the right to revise pricing, reallocate labour, amend the programme of works and agree revised commencement dates before returning to site.
18. Storage Charges
Where materials have been ordered and delivery or installation is delayed at the client’s request, Envision Building Ltd reserves the right to charge reasonable storage, handling and administration costs.
19. Snagging and Defects
Any snagging items must be reported in writing within 14 days of Practical Completion.
Envision Building Ltd shall be given reasonable opportunity to inspect and rectify any genuine defect relating to its workmanship.
The client shall not appoint alternative contractors to undertake remedial works and seek reimbursement without first providing Envision Building Ltd with reasonable opportunity to rectify the issue.
20. Retention
No retention, deduction or withholding of monies shall be permitted unless expressly agreed in writing before commencement of works.
21. Photography and Marketing
Envision Building Ltd reserves the right to photograph completed works for quality control, project records, marketing, portfolio and website purposes.
Personal information, occupants and identifying details will not be published without permission.
22. Right to Refuse or Decline Works
Envision Building Ltd reserves the right, at its sole discretion, to decline quotations, instructions, additional works, project variations or future works.
Envision Building Ltd further reserves the right to withdraw from proposed works prior to commencement where reasonable concerns arise regarding payment, access, safety, conduct, project viability or circumstances beyond its control.
23. Cancellation
Where a client cancels a project following acceptance of a quotation, Envision Building Ltd reserves the right to recover all reasonable costs incurred.
This includes labour allocation, administration, project planning, materials ordered, supplier charges, design work and losses arising directly from cancellation.
24. Workmanship
Envision Building Ltd shall carry out all works with reasonable skill, care and diligence and in accordance with recognised industry standards.
Manufacturer warranties shall apply where provided by the manufacturer.
25. Limitation of Liability
To the maximum extent permitted by law, Envision Building Ltd shall not be liable for indirect, consequential or economic losses.
Nothing within these Terms shall limit liability for death or personal injury caused by negligence, fraud or any liability that cannot legally be excluded under English law.
26. Governing Law
These Terms of Business shall be governed by and interpreted in accordance with the laws of England and Wales.
Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the Courts of England and Wales.