Terms and Conditions

  1. DEFINITIONS

In this document the following words shall have the following meaning:

Agreement means a legally binding contract between the parties arising pursuant to acceptance of an offer made in relation to a quotation.

Client / Customer means the organisation or person who enters into an agreement to purchase materials and /or the provision of labour and other services from APQ Group.

Authorised Representative means an individual holding a position at APQ.

Buyer means the person who accepts APQ's written quotation for the sale of the Goods or whose written order for the Goods is accepted by APQ.

Catalogue means APQ's various business-to-business suppliers literature made available at the time the Contract is made.

Contract means the Contract for sale and purchase of the Goods and supply of Services between APQ and the Buyer which is subject to these Terms.

Contract Price means the price set out in the Contract and agreed between the Buyer and APQ.

APQ means APQ Group Developments Limited, whose registered office is at 1st Floor, Capital House, Westbourne Street, High Wycombe, HP11 2PZ (registration number 12686013) telephone number: 0330 0100045.

Plan means the Plan supplied either by the Client / Customer or to the Client / Customer by APQ Professional Services Limited. (if applicable)

Services means the design and/or installation services provided to the Buyer by APQ.

The Furniture Ombudsman means the independent organisation which runs a conciliation and adjudication service for the furniture industry.

We / Us / Our / Ours means APQ.

Working Days means days other than weekends and bank or other public holidays.

Writing means a written communication delivered to APQ addressed to APQ at its registered office address or by email to info@apqgroup.com

Fixed Price Work means work undertaken by APQ Group for the Client / Customer in consideration of payment of a price provided for a proposed cost estimate.

Work means work undertaken by APQ Group for the Client / Customer in consideration of the services provided, calculated on the basis of our minimum charge and call out costs (if applicable) and the amount of time spent by the Operative in carrying out the work (charged in accordance with APQ Group’s standard practice, combined with the charge for materials supplied by APQ Group)

Operative means the representative member of its staff or sub-contractor appointed by APQ Group to undertake the work.

Quotation means a written or verbal statement which forms the basis upon which the proposed work is to be undertaken.

 

1.1 As part of Our policy of continual improvement of Our products, methods and materials, We reserve the right to change specifications from time to time and without prior notice so long as the changes do not materially affect the appearance or performance of the Goods or the quality of the Services supplied to You. We will not make any significant variations without Your prior agreement, whereupon a Variation to Contract/Plan/Order will be completed which shall, for the avoidance of doubt, upon signature form part of Your Contract with Us. If for any reason beyond Our reasonable control We are unable to supply particular Goods, We will notify You. With your agreement We will replace such Goods with equivalent Goods.

1.2. Goods made from natural materials are likely to have variations of shade and grain. Some materials including woods and painted products will mellow with exposure to sunlight and age, therefore the original appearance and condition will alter subject to these conditions. Where this may become apparent, this does not fall within Our guarantee.

1.3 The price of the Goods to be supplied, any installation costs plus Your chosen method of payment have been individually negotiated with You and are as shown on the Contract.

Full payment is required for any Special Products (such as doors, windows, Made to Order products specially manufacturer for You) that You order from APQ.

We will not refund for Special Products, including Made to Order items, where they have either been ordered, made and/or supplied in accordance with the contract.

1.4 Where You have chosen Our installation service, full details of all work to be undertaken will be provided specifically within the Scope of Installation within the Contract.

No additional work will be undertaken without Our written agreement, such agreement is to include Your agreement to bear the additional cost involved.

1.5 If You are unable, for any reason, to take delivery of the Goods on the confirmed delivery date We reserve the right to charge You for the revised future deliveries.

1.6 After delivery, please store the Goods in a safe and dry place. We cannot accept any responsibility if damage occurs as a result of You not following this instruction and advice.

1.7 We will ensure that You receive the Goods listed on the Contract in good condition. However if incorrect or damaged Goods are delivered to You, You must ensure the defects are reported to APQ from which the Goods were purchased. This should be within 14 days of the date You receive the goods. In order to avoid any confusion or delay, notification of any discrepancy should be confirmed by You in Writing. This does not affect Your statutory rights.

1.8 We will make reasonable efforts to supply the Goods and Services set out in the Contract within any timescale agreed with You. If such delays occur We will supply the Goods and Services set out in the Contract as soon as reasonably possible.

  1. a) Expected timescales are as follows:
  2. b) Goods Delivery: To be made on the nominated day(s).
  3. c) Where You have chosen specialist products We will notify You of the anticipated dates for template and fitting.
  4. d) We will not be responsible for any costs incurred by You where Our delivery of the Goods and/or -Services is delayed by You, Your contractors or other works You are having undertaken.
  5. e) You agree that other works outside the agreed Scope of Installation will impact on the suggested completion timescales stated by us.
  6. f) We will provide the goods and services as shown on the agreed Contract; if You wish to vary the Contract You will need to agree with Us a Variation to Contract which will include any implications of the Variation.

 

1.9 We will only remove and dispose of materials where We have agreed to do so in writing. We cannot guarantee to remove existing installations without damaging either them or their surroundings. It is Your responsibility to remove present facilities unless otherwise agreed. However, You must not remove them until the Goods arrive and a check has been carried out by You to ensure that all component parts of the Goods are present. We do not accept liability for any costs direct or indirect, nor for any inconvenience caused to You as a result of the early removal of existing facilities.

1.10 You accept that that installation may cause damage to decoration, plaster, floors or brickwork and, except for damage caused by Our negligence, We do not carry out any remedial work / redecoration. Where damage is caused by Our negligence, We will make good such damage. Cuts or holes made during the installation process will, where possible, be made good. Floorboards removed by Us will be re-fitted where reasonably possible. Any such damage arising should be notified to us within a reasonable time which We consider to be 7 working days. This does not affect Your statutory rights.

1.11 Where You have chosen Our installation service, You will be asked to check the installation and sign a completion document confirming that the fitting has been completed to your satisfaction. You should note on this completion document any areas that You may have concerns with before signing it. Any post-installation works, or snagging, will be notified on the completion document. These are considered to be part of the Contract and We undertake to arrange these as part of our installation service.

1.12 Subject to your statutory rights, We are unable to accept returns or offer refunds in respect of Special Products, APQ Made to Order, and/or Goods altered specifically for You.

1.13 Our acceptance of Your order creates a legally binding Contract.

1.14 Nothing in these Terms excludes or limits liability for death or personal injury caused by Our negligence or negligence of Our employees, agents or subcontractors, fraud or fraudulent misrepresentation, breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (Title and Quiet Possession), breach of the terms implied by section 12 of the Sale Of Goods Act 1979 (Title and Quiet Possession) or defective products under the Consumer Protection Act 1987 or any other liability which may not otherwise be limited or excluded under applicable law.

 

  1. GENERAL

2.1 The terms and conditions shall apply to and be automatically incorporated into all agreements for the provision of labour, materials and other services from APQ Group to the ‘customer’.

2.2 Before the supply of labour/materials or other services, APQ Group shall submit a quotation to the Client / Customer in relation to fixed price work or in relation to hourly rate work. The customer shall notify APQ Group within 48 hours, if the Client / Customer does not agree with any of the contents or costs within the quotation. Subsequently, the quotation shall be incorporated into any agreement between the parties. A delay by the customer accepting our quotation may impact the installation. After 48 hours, we will assume the quotation has been accepted by the customer and we will proceed with the additional works unless otherwise notified.

2.3 APQ Group shall use all reasonable endeavours to supply the materials and/or perform the labour and other services within such time frames outlined in our works contract, and within a reasonable timescale. Please note that APQ cannot be held accountable for any factors out of control, for example, 3rd parties or services being appointed / products supplied by the Client / Customer. This will be discussed with the Client/Customer and explained in advance to project commencing. Any delays or issues in relation to the Client / Customer’s 3rd party or the Client / Customer supplying stock that does not arrive / delayed, will be solely at the cost of the Client / Customer. Any additional costs will be confirmed by APQ Group to the Client / Customer within a reasonable timeframe. This will also impact the completion date for any project.

2.4 Contractor responsibilities

  1. a) Carry out the work set out in the work schedule competently and as per the scope of works;
  2. b) Use materials which are of satisfactory quality and suitable for their intended purpose.
  3. c) Start and finish the works within the start and end during the working hours specified the schedule, and any extension agreed between Client / Customer and APQ Group.
  4. d) Be at the premises regularly within the contacted window to carry out the works during the agreed working hours. Please note that there may be days where no contractors are on site and we will make every effort to notify you;
  5. e) Securely store away any tools and equipment at the end of each working day (if applicable);
  6. f) To leave the working areas in a clean and tidy condition on a daily basis;
  7. g) To keep to all of our legal duties and responsibilities as outlined in our working contract.
  8. h) Inspect all works completed by our installation teams to ensure the quality of the installation is to our high standard.

2.5 Client / Customer responsibilities

  1. a) Give the contractor access to the premises during the agreed working hours throughout the working period;
  2. b) Provide a suitable environment for our installers to carry out their work, and to keep the areas required clear of any obstruction, in order for any works to take place without unnecessary delays. The Client / Customer will need to be given an idea as to what is required, and a schedule will be agreed in advance. Keep the working areas sufficiently clear of obstruction to allow the contractor to carry out the work;
  3. c) First initial stage payment to be made in advance and thereafter stage payments to follow as per the agreed schedule;
  4. d) The Client/Customer will pay the building regulation for the inspection fees.
  5. e) Allow the Contractor to carry out the work as per the scope of works, and any amendments or alterations discussed and agreed. (This may be an extension of the existing works or additional works)
  6. f) We will give reasonable notice as to when we will require any supplied products by the Client / Customer and confirm our expectations in advance. If the Client / Customer is unable to supply the products when required, we can either offer to supply these goods at the cost of the Client / Customer, or we will confirm the cost of failure. (including, but not limited to, extra charges and the impact on the installation completion date as a result of non-supply of goods from the Client / Customer).

 

  1. HEALTH AND SAFETY
  2. a) We will conduct a Risk Assessment before commencement of the works.
  3. b) Prevent or minimise health & safety risks to the Client / Customer and all other people living in or visiting the premises.
  4. c) Minimise environmental disturbance, nuisance or pollution from the works; and
  5. d) Make sure that any works carried out are sufficient and safe from the elements.
  6. e) COVID-19 - APQ Group staff and any subcontractors assigned to installation will adhere to social distancing guidelines set out by the government, and wear PPE, where appropriate.

 

  1. QUOTATION

4.1 Any Quotation provided by APQ Group is an offer made to the Client / Customer for APQ Group to carry out the works set out in our work schedule. The scope of works, and terms of APQ Group completing the project will be set out in this Quotation. The Quotation is based on the Client / Customers’ requirements, and any amendments will be discussed in advance with the Client / Customer before an agreement to accept the Quotation is made by the Client/Customer.

4.2 All Quotations are valid for 1 calendar month from the issue date, unless otherwise stated.

4.3 APQ Group cannot be held accountable for any reasonable increased cost, or subsequently arising cost of materials, labour and/or other services, statutory charge, import levy, tariff or taxes.  Charges in respect of materials and/or labour can fluctuate between the date of the quotation and the date of installation. This will be agreed with the Client / Customer before any work commences.

4.4 Any quotation containing reference to a provisional sum, in respect of any materials to be supplied and/or labour and other services to be provided, is subject to unilateral variation by APQ Group if the materials and/or labour and other services supplied differ from the sum allowed for, as set out in the Quotation. This will be confirmed as soon as we are aware of these changes/additional costs.

4.5 APQ Group reserves the right to additionally charge for the collection of waste / materials where this is outside the Operative’s standard working practice and as set out by APQ Group. This additional charge will be in accordance with APQ Group’s hourly work rates, where time will be kept to a minimum and at a reasonable level.

 

  1. PRICE AND PAYMENT

5.1 The price for the supply of materials and/or provision of labour and other services shall be as set out in the quotation unless occurrences as above in section 4.

5.2 APQ Group shall invoice the Client / Customer in accordance with any invoicing schedule as detailed in the quotation. Any additional costs or works agreed by the Client / Customer will be on a separate invoice.

5.3 Invoiced amounts shall be due and payable upon instruction/ date of invoice, by the Client / Customer, unless otherwise specified. (Depending on project type and scope of works schedule. This will be dependent on the pre-agreed stage payments on our works contract)

5.4 APQ Group are entitled to charge interest on overdue invoices from the payment due date until the invoice is paid at such a rate and manner as set out in the relevant late payment of commercial debts legislation.

5.5 In the event that the Client / Customer’s procedures require an invoice to be submitted against a purchase order then the Client / Customer shall be responsible for issuing the purchase order.

5.6 Unless stated otherwise, the price is exclusive of VAT which shall be required to be applied at the appropriate rate to the materials supplied and/or labour and other services provided by APQ Group.

5.7 Larger building contracts are subject to scheduled payments, and these are found on our Minor Works or Building Works contracts. The payment schedule will be marked out clearly on the works contract.

 

  1. MATERIALS SPECIFICATION

6.1 All materials shall be required to conform to any such specifications detailed on the Quotation.

6.2 No description, specification or illustration contained in any product literature, or any representation, written or oral statement and correspondence shall form part of the Agreement. Exception may be with a written agreement from both parties.

 

  1. COMPLETION

7.1 Any proposed date for delivery of materials and/or performance of the labour and other services as specified by APQ Group is only an estimate.

7.2 APQ Group shall not be liable for any loss, costs, damages, charges or expenses caused by any delay, directly or indirectly, in the delivery of materials and/or the performance of labour and other services provided.

7.3 All risk in the materials shall pass directly to the Client / Customer upon delivery.

 

  1. TITLE

Title in any materials shall not pass to the Client / Customer until payment has been received in full by APQ Group for those materials. OR All goods supplied by APQ Group remain the property of APQ Group until these are fully paid for by the Client / Customer.

 

  1. OBLIGATIONS

9.1 In order for APQ Group and their Operatives to meet their obligations under the Agreement between parties, the Client / Customer is required to:

  1. a) Fully cooperate with APQ Group and their Operatives in the performance of the agreement. This would include, without limitation, not cancelling and being available to meet with APQ Group and/or their operatives upon the scheduled date and appointment time for the works.
  2. b) Provide swiftly any / all information reasonably requested or required to be known by APQ Group in relation to the work being undertaken.
  3. c) Obtain all necessary permissions and consents which may be required before the supply of materials and/or labour and other services commence.
  4. d) Ensure that full and unrestricted access to the site at which materials and/or labour and other services are to be provided.
  5. e) Ensure that electricity, gas, water and toilet facilities where required are available at the site during the period of the Agreement.
  6. f) Comply with any other such requirements as set out in the estimate / quotation or Agreement.

 

9.2 The Client / Customer may be liable to compensate APQ Group for any loss or expenses incurred as a result of the Client / Customer’s failure to comply with section 9.1.

9.3 In the event that the Client / Customer or any third party, not being an approved Sub-Contractor of APQ Group, shall omit or commit anything which prevents or delays APQ Group from undertaking or complying with any of its obligations under the agreement, the APQ Group will notify the Client / Customer as soon as possible.

-9.3.1 APQ Group are not responsible for any delays to the initial completion date set out in the contract, if any additional works are added by the Client / Customer. In the event of any additional works added on to the project, the time this will take to complete will be agreed with the Client / Customer and this will be added on to the end of projected completion date.

 

  1. CANCELLATION

10.1 If the Client / Customer unilaterally cancels an Agreement without giving the proper notice / reasons to APQ Group, the Client / Customer shall indemnify, unless agreed in writing, APQ Group against all loss, damage, claims or actions arising out of such cancellation and would include, without limitation, such loss of profit as would have been earned save for such cancellation. Cancellation is without prejudice to APQ Group’s right to the cancellation charges pursuant to sections 9.2 & 10.3, and/or to payment in accord with section 4. Our cancellation timeframe is 14 days before commencement, unless otherwise stated.

10.2 If the Client / Customer wishes to cancel an appointment for a visit by an operative of APQ Group in relation to hourly paid work then the Client / Customer will incur a cancellation fee equivalent to APQ Group’s standard call-out charge. (£80 +VAT minimum standard charge)

10.3 If the Client / Customer wishes to cancel outside of the cancellation periods mentioned on previous clause 10.1, and/or the 48 hours for the additional works quotation mentioned on clause 2.2, any fixed price work then the Client / Customer will be liable for the following charges: Contribution to the administrative costs, demobilisation and other costs incurred including wasted expenditure incurred in respect of materials and/or labour and other services.

  1. ALTERATIONS TO THE AGREEMENT

11.1 APQ Group, acting via their Operative in appropriate circumstances, may at any time unilaterally refuse or decline work in reasonable circumstances or specify reasonably necessary alterations to an Agreement caused by external circumstances arising prior to completion of an Agreement.

11.2 The Customer may at any time request alterations to an agreement by notice in writing to APQ Group.

11.3 The parties concerned may at any time mutually agree upon alterations to an agreement.

11.4 It is intended that any alterations to an agreement shall be documented and set out in a revised quotation or as additional works. This will be prepared by APQ Group and shall reflect any change in materials and/or labour and other services along with any consequentially amended price and new or varied terms. The intention shall be without prejudice to APQ Group’s right to charge for work upon a reasonable basis (i.e. quantum merit).

11.5 Should any unexpected additional works be required, then it is understood that no such work will be carried out without the Client / Customer’s permission and until a written agreement is given. (See 2.2)

 

  1. WARRANTY AND GUARANTEE

12.1 APQ Group warrants that the services performed under Agreement shall be performed with reasonable skill and care, in accordance with generally accepted industry standards and practices.

12.2 If, after the completion of works, the Client / Customer is not wholly satisfied then the Client / Customer shall give notice in writing specific to the issue and within the warranty period to APQ Group. The Client / Customer shall afford APQ Group and/or its insurers the opportunity of both inspecting such works and carrying out any remedial works deemed necessary. The Client / Customer accepts that failure to notify APQ Group within the time period will result in no liability in respect of defects in the work carried out resting upon APQ Group. If the client wished so, an extended warranty can be discussed with APQ if applicable to their project.

12.3 APQ Group will give reasonable assistance with any claims under any manufacturer’s warranty currently in force.

12.4 APQ Group’s guarantee will be null and void if work undertaken is found to be:

- 12.4.1 Subject to misuse or negligence.

- 12.4.2 Repaired, modified or tampered with by anyone other than APQ Group or their Operatives.

12.5 APQ Group accepts no liability arising from / or guarantees the suitability of materials supplied by the Client / Customer.

12.6 APQ Group will not guarantee any work in respect of blockages in waste and drainage systems and shall not be liable for any fracture found in pipes and drains attended upon whether caused by frozen water or otherwise.

12.7 APQ Group will not guarantee any work undertaken on instruction from the Client / Customer and against the verbal or written advice of APQ Group or their operatives.

12.8 Work is guaranteed only in respect of the work undertaken directly by APQ Group and after payment in full has been received from the Client / Customer.

12.9 APQ Group shall not be held liable or responsible for any damage or defect resulting from work which is not guaranteed, or where recommended work has not been carried out. Work will not carry a guarantee where the Client / Customer has been notified by APQ Group or their operative verbally or in writing of any other related work requiring attention.

12.10 The Client / Customer shall be solely liable for any hazardous situation in respect of Gas Safe regulations or where a gas warning notice has been issued in advance of the works APQ Group or our installers undertake.

12.11 Where APQ Group agrees to carry out work on building fabric or installations of inferior quality, or those over 10 years old at the date of the work, no warranty will be given, and no liability accepted in respect of the effectiveness or otherwise of such work.

12.12 Operatives operate under their individual Gas Safe Registration / Water and as such are solely responsible for any gas related work and subsequent liability.

12.13 Operatives operate under their individual Electrical Registrations and as such are solely responsible for any electric related work and subsequent liability.

 

  1. INDEMNITY

The Client / Customer shall indemnify APQ Group against all claims, costs and expenses which APQ Group may incur and which arise, directly or indirectly, from the Client / Customer’s breach of any of its obligations under the Agreement or which relate to any third-party claims involving the Client / Customer.

 

  1. LIMITATION OF LIABILITY

14.1 Except as is referred to in paragraph 13, the maximum liability of APQ Group to the Client / Customer in respect of any claim whatsoever, whether for breach of the agreement or otherwise, and whether or not arising out of negligence, shall be limited to the outstanding balance owed by the Client / Customer under the agreement between the parties.

14.2 APQ Group will not be liable to the Client / Customer for any loss of business, loss of opportunity, loss of profits or for any other direct or consequential loss or damage whatsoever. This limitation shall apply even where such a loss was reasonably foreseeable or APQ Group had been made aware of the possibility of the Client / Customer incurring such a loss.

14.3 Nothing in these terms and conditions shall exclude or limit APQ Group’s liability for death or personal injury resulting from APQ Group’s negligence or that of its operatives, subcontractors, agents or employees.

14.4 The contractor will maintain ‘all risks’ insurance to cover himself and the Employer for the full cost of damage to the works and to unfixed materials which are on the premises before being used in the works for any claims arising. The contractor will have an up-to-date public liability policy for death and personal injury to people and damage to property. The contractor can forward copies of these insurance policies to the Client / Customer before the works commence, if required.

 

  1. TERMINATION

Either party may terminate the Agreement forthwith by written notice to the other party if:

15.1 The other party commits a material breach of the agreement and, in the case of a breach capable of being remedied, fails to remedy the breach within 10 working days of being given written notice from the other party to do so.

15.2 The other party commits a material breach of the agreement which cannot be remedied.

 

  1. CIRCUMSTANCES OUTSIDE THE PARTIES’ CONTROL (FORCE MAJEURE)

16.1 Neither party shall be liable to the other for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to: Acts of God, strikes, lock outs, accidents, war, fire, flood, the act or omission of government, health pandemics, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of materials, equipment or services.

16.2 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.

16.3 The relevant party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

16.4 We will not be liable for the agreed dates due to any Act of God, that is outside of our reasonable control.

 

  1. INDEPENDENT CONTRACTORS

APQ Group and the Client / Customer are independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise agreed to in writing by both parties.

We can confirm that all APQ Group’s installers are CRB checked.

 

  1. ASSIGNMENT

The Client / Customer shall not be entitled to assign their rights / obligations or delegate their duties under the Agreement without prior written consent from APQ Group.

 

  1. WAIVER

19.1 The failure by either party to enforce at any time or for any period any one or more of the provisions of any Agreement between them shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of their Agreement.

19.2 APQ reserve the right to take photographs at all stages of the project being undertaken and may use these for our compliance, portfolio and/or marketing literature. By signing our contract, you give APQ the right to use these photos.

 

  1. NOTIFICATIONS

20.1 Any notification as shall be given by either party to the other may be given by:

  1. a) Email
  2. b) In Person
  3. c) Telephone conversation or recorded voicemail
  4. d) Fax (facsimile)
  5. e) Personal service of a physical notice
  6. f) Post of a physical notice

 

20.2 In each case notice shall be given to the appropriate contact details of the other party as stated in the quotation, or such other appropriate contact details as such party may from time to time have communicated to the other in writing. This will be in subject, in each case, to any notification given outside of APQ Group’s normal office hours of between 9am and 5pm, excluding any public holiday’s – being deemed given no earlier than at the commencement of APQ Group’s next occurring normal office hours.

20.3 If sent via email, be treated as received at the time and upon the day it was given or deemed given unless the sender receives a contrary notification.

20.4 If sent via fax (facsimile) be treated as received at the time and upon the day it was given or deemed given provided an error free transmission report has been received.

20.5 If via personal, telephone conversation or recorded voicemail, be treated as received at the time and upon the day it was given or deemed given.

20.6 If given by personal service of a physical notice, be treated as received at the time and upon the day at which the physical notice was given by delivery or deemed given.

20.7 If sent by post, be treated as received at such time as the post will have been delivered in the ordinary course of post based upon the time it was given or deemed given.

 

  1. ENTIRE AGREEMENT

The Agreement shall contain the entire agreement between the parties relating to its subject matter and shall supersede any previous discussions, negotiations, agreements, arrangements, undertakings or proposals, written or oral.

 

  1. NO THIRD PARTIES

The agreement shall not create any rights which are enforceable by anyone other than the parties to the agreement.

 

23 COVID-19

APQ Group will take all reasonable steps to ensure the safety of our installers / employees and of our Client / Customer’s. Face coverings will be worn inside, as required / where applicable, and our installers / employees will adhere to social distancing / Government guidelines, wherever possible. If a Client / Customer has any concerns surrounding this, they are free to contact the APQ Group office or the Management Team to discuss this further.

 


 

Our “Works Contract” Terms & Conditions

 

  1. Contingency and provisional sums are not applicable to this project as there are no sums added for this.
  2. We will carry out regular site/audit inspections on a weekly basis. This will be required for you to review, approve and sign.
  3. Any additional or unforeseen works will be agreed and actioned on a separate invoice(s) / agreement before commencement of works to be carried out. Please note for the additional works we will enquire payment in full before commencement of work.
  4. The terms of this contract are agreed between both parties, if additional works are required then the original contract duration is void and not applicable.
  5. We are not responsible for the existing fittings and services to the property (e.g. existing central heating system, air locks etc) if applicable.
  6. We are not responsible for the existing condition or damage of the property which may or may not show signs of (e.g.) driveway sink spots due to the sub-base being unsuitable. Please note that heavy machinery / delivery trucks can/may cause sinkage to driveway, and we cannot be held responsible for this.
  7. We are not responsible for any cosmetic damage to the property which is pre-existent and possible due to movement or underpinning issues.
  8. Please note that new plaster will take time to dry, and cracks may appear in the plaster during drying out process. (this can take up to 6 months)
  9. There may be periods with no installers on site, however the projected completion date will still be honoured (providing no additional works or unforeseen works are required/added).
  10. All payments must be completed 48 hours after requested to ensure there are no delays or unnecessary hold ups during the project. (unless otherwise specified)
  11. We are unable to take responsibility for any alarm sensors or systems requiring relocation. You must discuss any work required with your alarm system company.
  12. We cannot be held responsible for any damage caused by a third-party supplier or contractor (instructed by yourselves). We will get in touch with the company and this must be dealt with directly by the Client / Customer.
  13. A risk assessment should be carried out at the start of each job and after any changes to the schedule of works. This includes (but does not limit to) any additional works that are directly linked to the structure and/or foundations of the property.
  14. Unless agreed in advance, we will supply standard white electrical sockets/fascias.
  15. All communication must be restricted to the Management Team and the Office. Any communication or discussion with the Installation Team will not be honoured.
  16. All agreed changes or additional works must be agreed in writing. (letter or email from us)
  17. If for any reason work is stopped or put on hold due to a dispute, we will always aim to resolve any disputes within 7 days. If an agreement cannot be reached, either party has the right to terminate the contract after 14 days. (which must be in the form of a letter)
  18. If for any reason there is a dispute or complaint, this must be raised with APQ during the fit window or up to 28 days after the completion date.
  19. In the unlikely event of a dispute between the Client / Customer and APQ, which APQ are unable to resolve within 14 days in accordance with Our written dispute handling process (available on request), then the Client / Customer is entitled to escalate this claim with the Senior Management for resolution.
  20. No waiver by Us of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. No delay or failure by Us to exercise any powers, rights or remedies under these Terms and the Contract will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in Writing and signed by an Authorised Representative.
  21. Nothing in the Contract gives any right to any third party to enforce any provision under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
  22. These Terms and the Contract supersede all prior representations, understandings and agreements between You and Us and sets forth the entire agreement between You and Us.
  23. You have agreed, prior to entering into this Contract, to Our Privacy Notice in respect of Our use of Your personal data under GDPR legislation. (See clause 27 below)

See: UK Government Data Protection

GDPR Data Protection Act 2018

 

  1. Before signing THE CONTRACT, you should carefully read and ensure that You understand these Terms and Conditions. If You are in any doubt as to the meaning of the Terms, please advise Us prior to signing the Contract.
  2. Data Protection
  3. a) Except as expressly set out in these Terms, all use of your personal information will be made in accordance with our privacy policy.
  4. b) By registering any of your personal details with us, you are agreeing to allow us to contact you regarding any of our own products or services. Very occasionally, we may share your details with carefully selected third parties. However, if your communication preferences show that you have chosen not to receive information from third parties, then of course your details will not be shared.
  5. Any party wall agreement must be instructed or organised by the Client / Customer. (if applicable)
  6. All documentation and certification will be sent to you up to 28 days after completion of the project and after the final payment has cleared our account. We will not release any guarantees or certificates until the final payment has cleared our account. (See clause 8 of our terms and conditions)
  7. Existing ground may be affected with plant and tool machinery on site, not limited to skip, portable loo, heavy machinery / equipment. We have not factored in any provisions for replenishing the existing ground /greenery. Please note that this will be outside of our work schedule.

 

  1. All windows and doors supplied as part of our works contract do not give a guarantee for any moving parts (handles, hinges, etc) or glass damaged by any third party, or misuse of the product supplied.