Terms & Conditions of Supply of Building Contract Documentation via the HBXL Estimating Service
- The Building Contract documentation services provided by the HBXL Estimating Service (“Service”)are supplied on the terms and conditions
- Service does not include contract consultation or advice nor constitute recommendations. The building contract documentation is compiled based on the limited information provided by you and using a precedent bank of documents.
- We warrant that our Services will be provided with reasonable care and skill.
- YOUR ATTENTION IS IN PARTICULAR DRAWN TO THESE PROVISIONS FOR LIMITATIONS OF LIABILITY.
The Building Contract documentation provided by the HBXL Estimating Service is for use by professionals and as such users should apply their professional skill and judgement in assessing outcomes from the application of the documentation to a project and the Company accepts no liability with regard to errors or omissions that would be reasonably foreseeable to such a user.
You acknowledge that the nature of the Building Contract documentation service provided by the HBXL Estimating Service is that it provides you with a building contract from a precedent bank of documentation to help meet a business’s obligations in the residential building sector and as such is a generic product for which you shall be solely responsible for adapting documents procedures and recommendations to meet the specific requirements of your own needs for your specific project(s) and you hereby accept that the Company shall have no liability or responsibility insofar as the documentation is applied by you to your business and your project(s) in an inappropriate way. You are solely responsible for them meeting any/all statutory requirements where relevant.
- Although every care is taken in the preparation of our Building Contract documentation, on receipt of your template documents, it is your responsibility to check them for any errors or omissions and apply them to your specific project. The documentation is not Other topics, not covered may be required. Other documents, not included may be required to be added to ensure your project meets your legal obligations.
- Nothing in these Conditions shall limit or exclude House Builder XL Limited’s 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:
- House Builder XL 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
- House Builder XL 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, or otherwise arising, shall in no circumstances exceed £1,000,000 (being the extent of our insurance cover).
- In the event that you are not satisfied with our services, we reserve the right at our entire discretion to either re-work our services for you or refund your payment for the Building Contract documentation and 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 clause 6 shall survive termination of the contract.
- Please note Building Contract Documentation orders cannot be cancelled once the Contract Order Form has been received by House Builder XL Limited and the price and delivery has been confirmed back as work will have commenced. After this time cancellations are billed as time spent on the contract at our hourly rates at the time, up to the value of the work.
- We will use our reasonable endeavours to meet any agreed delivery date but this will be an estimate only and shall not be of the essence for performance of our services.
- All other variations to Building Contract documentation post-delivery are subject to fees chargeable at our hourly rate. Please ask for details.
- For the purposes of this contract ‘Force Majeure Event’ means an event beyond the reasonable control of House Builder XL Limited including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of House Builder XL 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.
- House Builder XL 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.
- If the Force Majeure Event prevents House Builder XL Limited from providing any of the Services for more than 3 weeks, House Builder XL 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:
- House Builder XL Limited may at any time 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 in any manner any or all of its obligations under the contract to any third party or agent.
- The client shall not, without the written prior written consent of House Builder XL Limited assign, transfer, charge, subcontract or deal any other manner with all or any of its rights or obligations under the contract.
- Any notice or other communication required to be given to a party under or in connection with this contract shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business, or sent by fax to the other party’s main fax number.
- Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 9.00am on the second business day after posting, or 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.
- This sub-clause 3 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.
- A waiver of any right under the contract is only effective 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.
- Unless specifically provided otherwise, rights arising under the contract are cumulative and do not exclude rights provided by law.
- If a court or any other competent authority finds that any provision of the contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the contract shall not be affected.
- 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: Nothing in the contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, 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 person who is not a party to the contract shall not have any rights under or in connection with it.
- Variation: Except as set out in these conditions, any variation, including the introduction of any additional terms and conditions, to the contract, shall only be binding when 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 and entire agreement between the client and House Builder XL Ltd in relation to the Service provided to the client. It cannot and shall not be capable of modification unless in writing and signed by an authorised officer of House Builder XL Ltd.