These are the terms & conditions under which EBL Surveying Ltd trading as Build Estimating supplies all prepaid services. No other terms & conditions will be accepted nor will any other terms & conditions form any part of any contract with EBL Surveying Ltd trading as Build Estimating.
Definitions and Interpretations
In these conditions of sale [Customer] means Purchase, Price and Payment
1. EBL Surveying agrees to provide Services to the Customer once the Customer provides a full set of drawings and payment in full for the requested service. The Company’s acceptance of the Customer’s order will take place when EBL Surveying[call OR write OR email] the Customer to accept it, at which point a contract will come into existence between EBL Surveying and the Customer. If EBL Surveying is unable to accept the Customer’s order, EBL Surveying 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 EBL Surveying could not reasonably plan for, because EBL Surveying has identified an error in the price or description of the product or because EBL Surveying is unable to meet a delivery deadline the Customer has specified.
2. The Price shall be that on the Company’s current price list, any price variation quoted in any agreement will be EBL Surveying price ruling at the date thereof.
3. the company, individual or other person to whom EBL Surveying Ltd trading as Build Estimating supplies or has agreed to supply services. [Company or Company’s] means EBL Surveying Ltd trading as Build Estimating Registered Office 20/22 Wenlock Rd, London N1 7GU – Registered in England No.10400952
4. [Service or Services] means every, or where the context so requires, any item of what so ever nature which the Customers buys or has agreed to buy from EBL Surveying under the contract to which the Conditions apply. [Contract] means the contract of the sale and supply of Services subject to these Conditions.
5. [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.
6. [Drawings] means all relevant project information and where applicable shall include existing and proposed floor plans, elevations, sections and specifications.
7. [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.
8. [Order] means EBL Surveying have received all relevant Drawings and full payment for the service requested.
9. Using Customers drawings, EBL Surveying provides a building estimating service for domestic developments and produces an estimate of the likely build costs involved in completing the work.
10. EBL Surveying reserves the right to amend its price lists at any time without prior notice.
11. The Customer shall make all payments to EBL Surveying in pounds sterling.
12. 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 order between these dates EBL Surveying reserves the right to charge the Customer the full order price if any part of the estimate has been processed.
13. EBL Surveying operates a paperless policy and therefore does not except paper service requests received by hand or by post. All requests must be submitted electronically either by email or by using the upload facility on the company’s website.
14. Estimates: All building estimates produced by EBL Surveying are estimates and never intended to be fixed quotations. Accordingly, EBL Surveying 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.
15. EBL Surveying may need certain information from the Customer so that it can supply the services. EBL Surveying will contact the Customer to ask for this information. If the Customer does not give EBL Surveying this information within a reasonable time of EBL Surveying asking for it, or if the Customer gives incomplete or incorrect information, EBL Surveying may make an additional charge of a reasonable sum to compensate it for any extra work that is required as a result. EBL Surveying 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 it the information it needs within a reasonable time of us asking for it.
16. 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 EBL Surveying is given for guidance only and without liability.
17. Any typographical error or clerical omission in any sales literature, estimate, price list or other document issued by EBL Surveying may be corrected without any liability.
18. Third Parties: Any information or data given in confidence, which may be exchanged by EBL Surveying 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.
19. 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 effected at the point of dispatch. EBL Surveying accepts no liability for delay or non-delivery.
20. Force Majeure: EBL Surveying 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.
21. Termination: Without prejudice to any other remedies EBL Surveying may have against the Customer EBL Surveying 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.
22. Improvements and Modifications: EBL Surveying may make such improvements and modifications, as it deems necessary to the service without notice to the Customer from time to time.
23. Delays: If the Company’s supply of the services is delayed by an event outside the Company’s control then EBL Surveying will contact the Customer as soon as possible to let the Customer know and EBL Surveying will take steps to minimize the effect of the delay. Provided EBL Surveying does this it will not be liable for delays caused by the event.
24. 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) between the parties relating to subject matter of that Contract.
25. Third Party Rights: It is not the intention of EBL Surveying that any third party should have the benefit of a contractual relationship between EBL Surveying and the Customer.
26. Limitation of Liability: To the full extent allowed by Law, EBL Surveying 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 EBL Surveying or its Merchant 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.