Terms and Conditions
These are the terms & conditions under which Waterways Solutions Limited T/A Civil and Build Solutions supplies all services. No other terms & conditions will be accepted, nor will any other terms & conditions form any part of any contract with Waterways Solutions Limited T/A Civil and Build Solutions.Definitions and Interpretations
In these conditions of sale; [Customer]
means the company, individual or other person to whom Waterways Solutions Limited T/A Civil and Build Solutions supplies or has agreed to supply services. [Company or Company’s]
means Waterways Solutions Limited T/A Civil and Build Solutions, who’s Registered Office is; 26 Place Farm Avenue, Orpington, Kent, BR6 8DQ, Registered in England No. 10531843.[Service or Services]
means every, or where the context so requires, any item of whatsoever nature which the Customers buys or has agreed to buy from the Company under the contract to which the Conditions apply.
[Contract] means the contract of the sale and supply of Services subject to these Conditions.[Liability]
means any liability in tort (including negligence), liability in contract and liability for breach of statutory duty, including liability in each and every case for consequential loss (including loss of profit) or damages of any kind howsoever caused or arising.[Drawings]
means all relevant project information and where applicable shall include existing and proposed floor plans, elevations, sections and specifications.[Working Day]
is understood to be the days of the week from Monday to Friday unless declared a public holiday or Bank Holiday by the UK government.[Order]
means the Company have received all relevant drawings and deposit payment for the service requested.SERVICES
Using Customers Drawings, The Company provides a building estimating service for domestic developments, building and civil engineering work and produces an estimate of the likely build costs involved in completing the work. The estimate will contain a comprehensive labour and material breakdown, together with a detailed materials summary and quantified schedule. It is not the Company’s responsibility to make alterations to the build costs for factors affecting site conditions, availability of materials and labour, or for plant and machinery, method related items, ground conditions or access into site. It is the Customers responsibility to consider such items.Standard 5-10 Day Service:
In this service, the Company aim to complete the estimate within 5 [five] to 10 [ten] Working Days following receipt of the deposit payment. At peak times the return time may be longer. When estimates are completed the customer will receive an email or text notification that the estimate is available either as a direct email if the file size permits safe transmittal or via a file sharing portal such as We Transfer.com to download.Premium Service:
Please contact us if you require a turnaround of less than 5 Working Days to check availability.Information Requests:
During the estimating process, the Company may request further information, to allow the Company to complete the Estimate. These requests in the first instance will be made either by telephone or email, or possibly a text message. During the information request phase, the job status will be changed from ‘pricing’ to ‘information required’. Which means depending on how long it takes the Customer to respond, the Company may not be able to complete the job within the specified time. If the Customer does not provide the information necessary to allow the Company to complete the service, within a reasonable timescale, the Company reserves the right to cancel the Contract.Purchase, Price and Payment
The Company agrees to provide Services to the Customer once the Customer provides a full set of drawings and payment has been for the initial deposit. The deposit ensures a Company estimator is allocated to the project. Once the Customer has paid the deposit, they acknowledge that a Contract has been entered into and that the full quoted payment becomes due and the Customer is liable to pay for the fee quoted in full upon completion of the estimate. If the Customer cancels, then the full payment becomes due immediately. Upon completion of the estimate the balance payment becomes due. If the Company is unable to fulfill the obligations of the Contract, the Company will inform the Customer of this and will not charge the Customer for the service. This might be because of unexpected limits on the Company’s resources which the Company could not reasonably plan for, because the Company has identified an error in the price, or description of the product, or because the Company is unable to meet a delivery deadline the Customer has specified. If the Company cancels the contract for these reasons, they are not liable to the Customer for anything (including but not limited to money, obligations, contracts or services).The Price shall be either the fee quoted, or the agreed time charge rate agreed with the Customer, any price variation quoted in any agreement will be the Company price ruling at the date thereof.
The Company reserves the right to amend its price lists at any time without prior notice but not during a live contract.
The Customer shall make all payments to the Company in pounds sterling only. It is the Customers responsibility to inform the Company once the deposit payment has been made. This is important as the process allocates a Company estimator to the Customers project.
The basic date of supply shall be the date the request was accepted by the Company. The actual tax point of sale shall be the date when the Service was completed. If for any reason the Customer cancels the Contract / Order between these dates the Company reserves the right to charge the Customer, the full fee price if any part of the estimate has been processed.Limitations
The Company operates a paperless policy and therefore does not accept paper service requests received by hand or by post. All requests must be submitted electronically by email or through the Company’s online contact form on the Company website. Documents received by email: Service requests received after 16:00hrs may not commence until the following working day.Estimates:
All building estimates produced by the Company are estimates and never intended to be fixed quotations. Accordingly, the Company does not guarantee or accept responsibility for any variation in the actual build cost of any project detailed by the drawings provided by the Customer and the estimate of that build cost provided by the Company.
The Company has no responsibility to the Customer other than to complete and return the estimate. It is the responsibility of the Customer to make sure all information given to the Company are correct. If the Customer wishes to make a change to the service, it has ordered it should contact the Company as soon as possible. The Company will let the Customer know if the change is possible and will let the Customer know about any changes to the price of the product, the timing of supply, or anything else which would be necessary as a result of the requested change.Changes to the Contract Order:
If the Customer provides new information or documentation to the Company after the fee has been agreed then the Company reserve the right to possibly charge the Customer for making variations, or amending work already completed or planned work. This will be at the Company’s discretion dependent on the scenario at the given time. The cost of variations is based on a time charge of £49/hr + VAT.
The Company may need certain information from the Customer so that it can supply the services. The Company will contact the Customer to ask for this information. If the Customer does not give the Company this information within a reasonable time of the Company asking for it, or if the Customer gives incomplete or incorrect information, the Company may make an additional charge of a reasonable sum to compensate it for any extra work that is required as a result. The Company will not be responsible for supplying the services late or not supplying any part of them if this is caused by the Customer not giving the information it needs within a reasonable time of us asking for it.
The Customer acknowledges that any statement or representation made or given on the Company’s behalf, any estimate of quantities needed, advice as to the suitability of any goods for a particular purpose and any plan or measurement given by the Company is given for guidance only and without liability.
Any typographical error or clerical omission in any sales literature, estimate, price list or other document issued by the Company may be corrected without any liability.Third Parties:
Any information or data given in confidence, which may be exchanged by The Company and the customer insofar as it is not demonstrably public knowledge shall not be divulged to any third party and may only be used for the purposes of providing the service and not in any other connection whatsoever.Notices:
All notices to be given under the contract shall be given by email to the registered office or principle place of business of the party to be notified. Delivery is deemed to have been affected at the point of dispatch. The Company accepts no liability for delay or non-delivery.Force Majeure:
The Company shall be entitled to cancel the contract or reduce the volume of service to be provided if it is prevented from providing the service through any circumstances beyond its control including (but not limited to) industrial action, war, fire or prohibition or enactment of any kind, and will not be liable for any loss or damage incurred whatsoever arising therefrom.Termination:
Without prejudice to any other remedies The Company may have against the Customer the Company may terminate the contract on notice to the Customer, upon the Customer becoming bankrupt or insolvent or upon a resolution to wind up the Customer being passed, or a receiver, administrative receiver or administrator being appointed.Improvements and Modifications:
The Company may make such improvements and modifications, as it deems necessary to the service without notice to the Customer from time to time.Delays:
If the Company’s supply of the services is delayed by an event outside the Company’s control then the Company will contact the Customer as soon as possible to let the Customer know and the Company will take steps to minimise the effect of the delay. Provided the Company does this it will not be liable for delays caused by the event.Entire Agreement:
Each Contract (together with any documents referred to therein) shall constitute the entire agreement and understanding between the parties in connection with its subject matter and supersedes and terminates all prior agreements, undertakings and arrangements (both written and oral/verbal) between the parties relating to subject matter of that Contract.
Third Party Rights:
It is not the intention of the Company that any third party should have the benefit of a contractual relationship between the Company and the Customer.
Limitation of Liability:
To the full extent allowed by Law, the Company excludes itself and its Merchant associates of any liability, whether based in contract or tort (including negligence), for incidental, consequential, indirect, special, or punitive damages of any kind, or for loss of revenue or profits, loss of business, loss of information or data, or other financial loss arising out of or in connection with the sale, use, performance, failure or interpretation of its service, even if the Company or its associates has been advised of the possibility of such damages, and limits its liability to a full refund of the purchase price paid, at the Company’s option or discretion.