Terms & Conditions of Supply of HBXL Estimating Services

  1. Please note Estimate orders cannot be cancelled once the Estimate Order Form has been received by House Builder XL Limited and the price and delivery has been confirmed back as estimating will have commenced. After this time cancellations are billed as time spent on the estimate at our hourly rates at the time, up to the value of the estimate.
  2. Estimates are compiled based on information provided by the client. Information has not been checked against site or building regulations. It is assumed for the purposes of estimating that plans supplied are accurate and passed by planning and building regulations and any/all statutory undertakings where relevant.
  3. You agree that all the details on the Estimate Order Form are complete and accurate and that you will promptly provide House Builder XL Limited with any further information they request in order to supply the Estimate and to co-operate fully with House Builder XL Limited.
  4. 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.
  5. We warrant that our services will be provided with reasonable care and skill
  6. Landscaping will not be priced as part of your estimates. Note also that the Estimating Service provides budget costs for the following items OR they will be marked as exclusions in the assumptions, unless you clearly indicate the costs 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
  7. Neither House Builder XL Ltd not its associate estimate service providers, assume any liability for any loss as a result of any inaccuracy, mis-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.
  8. Although every care is taken in the preparation of your estimate, on receipt of your completed estimate, it is your responsibility to check the estimate for any errors or omissions within 5 working days from date of delivery. Should you identify any errors or omissions that you believe require attention please contact your Estimator who will aim to promptly remedy the estimate without charge to you, as appropriate. If House Builder XL Limited do not believe that the estimate requires remedy, the disputed estimate will be referred to House Builder XL Limited’s Head Estimator and they will discuss this with you directly.
  9. All other variations to estimates post-delivery are subject to fees chargeable at our hourly rate. Please ask your Estimator for details.
  10. Nothing in these Conditions shall limit or exclude House Builder XL Limited’s liability for:
    1. Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
    2. Fraud or fraudulent misrepresentation; or
    3. Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
    4. Subject to the above:
      1. 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
      2. 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, other otherwise, shall in no circumstances exceed £1,000,000 (being the extent of our insurance cover).
      3. In the event that you are not satisfied with our Estimating services, we reserve the right at our entire discretion to either re-work our services for you or refund your payment for the Estimate 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 10 shall survive termination of the contract.

  11. General
    1. Force majeure:
      1. 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.
      2. 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.
      3. 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.
    2. Assignment and subcontracting:
      1. 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.
      2. 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.
    3. Notices:
      1. 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.
      2. 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.
      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
    4. Waiver:
      1. 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.
      2. Unless specifically provided otherwise, rights arising under the contract are cumulative and do not exclude rights provided by law.
    5. Severance:
      1. 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.
      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.
    6. 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.
      1. Third parties: A person who is not a party to the contract shall not have any rights under or in connection with it.
    7. 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.
    8. 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.
    9. Entire agreement: This is the only and entire agreement between the client and House Builder XL Ltd in relation to the Estimating 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.