1.1     Unless otherwise agreed in writing by an authorised representative of Worth Building (“WB”), these conditions constitute the only conditions upon which WB is willing to supply goods (the “Goods”) and/or services (the “Services”) to any person to whom any quotation, acceptance of order or contract is addressed (the “Customer”).

1.2     These conditions shall prevail over any terms and/or conditions in the Customer’s order or any other document issued by the Customer except where specifically agreed to by an authorised representative of WB in writing.

The Customer’s attention is particularly drawn to Conditions 6 and 9 which exclude or limit WB’s liability.

Any acceptance given by the Customer in respect of a quotation or estimate by WB, shall not be binding on WB until accepted in writing by WB.

3.1    WB shall have the right, subject to reasonable prior notice, to vary the prices quoted in the event of any increase in the cost of materials and/or labour, or any VAT increase.

3.2    In the event of any variation or suspension of the work caused by the Customer’s instructions, or lack of instructions, WB shall be entitled to adjust the price to reflect the costs involved, and to adjust delivery dates or schedules

4.1    Payment to WB is due in full in sterling on issue of invoice (without any right of set-off, deduction or withholding whatsoever). Unless otherwise agreed by WB in writing, all payments shall be payable by cheque or internet banking. WB may require a payment on account or in advance and all such payments are to be made on request. In cases where there has not been any purchase of material, labour or administration work, deposits are refundable. Time for payment shall be of the essence.

4.2    Interest shall be payable on any money which is not paid by the Customer by the due date. Such interest shall accrue and be calculated on a daily basis both before and after any judgement at the rate of 4% above the base rate of the Abbey for the period from the due date for its payment until the date on which it is actually paid and shall be compounded quarterly.

4.3    If the Customer disputes an invoice in good faith it shall provide WB with written details of the disputed element within 7 days of the date of the invoice and pay the undisputed part in accordance with Condition 4.1. Failure to comply shall result in a deemed acceptance of the invoice in question.

Any quoted delivery or completion date is WB’s best estimate and not a contractual commitment.

Any property of the Customer placed in WB's custody shall be held and handled entirely at the Customer's risk without any liability on the part of WB for any loss or damage unless caused by the wilful misconduct of WB and even in that case, WB shall not be liable for any economic, consequential, financial or indirect loss or damage whatsoever. “Wilful misconduct” shall mean an act or omission of WB done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of an employee or agent, it is also proved that he or she was acting within the scope of his or her employment or agency (as the case may be).

Materials remain the property of WB until full payment has been received.

8.1    WB will use its reasonable endeavours to pass on to the Customer (at the Customer's cost) the benefit of any warranty in respect of the Goods given by any third party.

8.2    If the Customer establishes to WB's reasonable satisfaction within a reasonable time from the date of completion of the Services that there was faulty workmanship in such Services, WB shall at its option either credit the Customer with the price paid in respect of the Services or remedy the defect at its own cost provided that any Goods concerned shall (where applicable) have been installed, operated and maintained in accordance with the manufacturer's recommendations without repair or alteration not approved by WB and provided the Goods concerned have not been the subject of any accident damage or abuse or misappropriation, and provided always that the Customer bears the cost of returning the Goods to WB.

9.1    WB shall not be liable for the loss, damage or otherwise as a direct or indirect result of the failure to perform or delay in performing any of its obligations or be in breach of an agreement with the Customer as a result of the occurrence of any circumstance or event beyond its control, including without limitation failure to receive or delay in receipt of the Customer’s Goods, acts of God, fire, flood, storm, civil disturbance, explosion, power failure or reduction of power supplies, acts, orders or requirements of any governmental or regulatory body, lack of shortage of materials or parts, inability to procure or delay in procuring equipment and materials from its normal suppliers, mechanical breakdown or strike, lock-out or labour dispute.

9.2    If WB cannot complete any Services for any such reasons as is mentioned in Condition 9 it shall be entitled to be paid by the Customer in proportion to the amount of work done in accordance with Condition 4.

9.3    WB shall as soon as reasonably practicable give the Customer notice of any such event as is mentioned in Condition 9.1 which causes WB to be unable to perform its obligations on time or at all.

10.1    WB shall be entitled to sub-contract performance of the whole or part of any agreement governed by these Conditions without prior notice to or the consent of the Customer. In any agreement governed by these Conditions WB contracts for and on behalf of itself and its sub-contractor.

10.2    No amendment or variation of these Conditions or any agreement governed by these Conditions shall be effective unless it is made or confirmed in a written document signed by both parties

10.3    All notices shall be in writing and either delivered by hand or sent by first class post.

These Conditions and any agreement between WB and the Customer to which these Conditions apply shall be governed by and construed in accordance with English law.