​Terms and Conditions

1. Definitions

 

1. Contractor: The 'contractor' is Jewel Passive Fire Protection Ltd.

 

1. Client: The 'client' is a person or entity seeking goods and/or services from the Contractor.

 

1. Quotation: Our quotations remain firm for the months stated unless extended in writing by a company director. Each quotation is produced with as much detail as possible to avoid any misunderstanding. Any additional works found necessary are to be agreed with the client and a separate revised quotation provided. A quotation is a formal offer made by the Contractor to the client within a hard copy or electronic document, headed with the title 'Quotation'. No other document is intended to be an offer and is not recognised or may be relied upon as such. A quotation price may alter if unforeseen circumstances arise, which lead to greater costs being incurred by the Contractor.

 

1. Contract: A contract with Jewel Passive Fire Protection constitutes an offer by the client to purchase goods and/or services in accordance with these terms and conditions. The customer is deemed to have read and satisfied themselves with the accuracy and content of the contract offer in terms of specification, charges, price and meaning of terms and descriptions as outlined in a 'Quotation' document headed and conspicuously identified as a 'Quotation', provided by Jewel Passive Fire Protection Ltd. The client acknowledges that they have not relied on any statement, promise, representation, assurance warranty or offer which is not set out in a document supplied by the Contractor titled 'Quotation'. Any verbal estimate given to the client by Jewel Passive Fire Protection Ltd. will always be supported by a written quotation.

 

1. Conditions: these terms and conditions

 

1. Reference to ‘Written’ or ‘In Writing’: inclusive of emails, attachments, completed forms and the provision of documentation/records.

 

1. Working Arrangements: All prices quoted are calculated on the basis of free access and unimpeded working during our normal working hours (8 am – 5 pm Mon – Fri) unless otherwise agreed.

 

1. Both the Contractor and client agree on practical arrangements for working methods that provide minimum disruption to the client and allow work to be carried out efficiently by the Contractor.

 

1. Free access is required to deliver building materials, plants, machinery, skips, etc.

 

1. All building and other materials provided by the main Contractor or their sub-contractors remain the property of Jewel Passive Fire Protection Ltd until full and final payment is received via Bank Transfer. Unless otherwise agreed in a quotation (or other documents), surplus building materials, waste materials and off-cuts etc. remain the property of Jewel Passive Fire Protection Ltd or our subcontractors or our suppliers. After the final payment, the client takes ownership of the materials used to carry out the work only.

 

1. Access to and collection of used or unused building materials, equipment and plant etc., remains in place until full and cleared final payment is received.

 

1. Accepting a written quotation, estimate or estimation from Jewel Passive Fire Protection Ltd and agreeing to the commencement of works will allow these terms and conditions to come into effect. By way of a written or emailed purchase order from the client for products, goods and or services (with 50% of the total amount as an upfront deposit payment), the client enters into a contract with Jewel Passive Fire Protection Ltd [separate and distinct from any associated contract entered into between the client and Jewel Passive Fire Protection Ltd] comprising of an offer to the client, due consideration of the offer by both or all associated parties and acceptance of the offer by the client. To this extent, this contractual agreement, and acceptance of the agreement by the client, cannot be superseded by any other agreement or contract, either written or verbal, signed or unsigned, as this instrument contains the entire agreement of the parties with respect to the subject matter hereof and there is no other promise, representation, warranty, usage or course of dealing affecting it. To this end, any 'previous agreements clause' of any subsequent contractual document, whether signed as part of a later written contract with the client or not, will not be accepted as a variation in or to this original contractual agreement. The client or Jewel Passive Fire Protection Ltd may withdraw from the quotation offer prior to the commencement of works without sanction or penalty; however, any deposit paid by the client will be used to pay for any bespoke materials ordered on the client's behalf, and any bespoke materials under these circumstances will be forwarded to the client to include delivery costs. Any document produced by Jewel Passive Fire Protection Ltd without the heading 'Quotation' will not be recognised or accepted as a valid offer of quotation and will not form a contract.

 

1. All materials, accommodation, travel or project related costs borne by the Contractor prior to commencement of, or during, a project subsequently deemed surplus, incorrect or no longer required by the Client due to incorrect or lack of information or change in the scope of work is to be paid for by the Client through remuneration to the Contractor. Abortive costs of up to £450+Vat per working day is chargeable for all operatives attending a project subject to delays, cancellation or incorrect scope of works.

 

1. The Contractor, Jewel Passive Fire Protection Ltd, may employ both direct and sub-contract labour to work on site. Each individual Contractor takes full responsibility for their own third-party liability. The Contractor will oversee works to completion and takes full general and operational responsibility in the running of any contract agreed upon with the client.

 

1. Payment: Payment can be made via Bank Transfer, and a receipt for payment will be given. Bank Transfer details can be found at the bottom of your invoice. Payment in full is due upon completion of the contract and presentation of the associated invoice. Part payments, interim payments and deposits will be agreed upon prior to the commencement of works or during the contract duration. A down payment is not usually required. However, arrangements may be made for a down payment in respect of the acquisition of bespoke or high-value materials and in some other situations. Interim payments and final payment on completion of a contract are not reliant on the presentation of completion certificates with respect to ELECSA, GAS SAFE or Building Control Completion Certificates, as they are subject to third-party administration by the Local Authority etc. If payment is not paid in full according to an agreed payment schedule, Jewel Passive Fire Protection Ltd reserves the right to terminate the contract and will recover all monies and costs owed by the client.

 

1. Each business activity we engage in under contract to you has its own bespoke set of terms, conditions & caveats applicable. Supplied at the point of quotation, these terms, conditions & caveats form the foundation of any contract and scope of work unless written out on a project by project and item by item basis, agreed by the Contractor and the Client.

 

1. Insurance - Public Liability and Employer's Liability: Public Liability Insurance is provided up to the sum of £10,000,000 and Employer's Liability up to the sum of £10,000,000 by QBE UK Ltd Via Suttons Specialist Risks via Flint Insurance Broker. All usual general building practices are covered by our insurance policy.

 

1. All client information is retained in accordance with the Data Protection Act 2018, and all personal and other client details will remain confidential.

 

1. In the event of unforeseen difficulties arising, or any other circumstantial changes, the quotation price or estimated cost may be revised to reflect the situation at hand before or after the commencement of work.

 

1. The client, the client's architect or agent is responsible for any architectural design, product design, or any other design or associated scheme.

 

1. Further to the request for a quotation or estimate from a client, we will, in turn, make a request for the customer's design requirements, i.e. architectural or other design, product requirements, style, proportions, measurements, required materials [whether they match an existing design or otherwise] and any other requirements of design such specification, locking, latching, fastening, bolting mechanisms etc. of door sets, colour, finish, glazing styles and glazing specifications, paint and varnish specifications and all other aspects of design. The client shall be entirely responsible for their own design requirements and design specification in terms of performance, workability and fitness for purpose. Jewel Passive Fire Protection Ltd can assist in the process of design by sharing experiences and the like, on the understanding that our company will bear no responsibility for the workability, fitness for purpose or any other outcome or eventuality concerning the end design.

 

1. Replication of existing design: If a client makes a request for a new product to match an existing or original design specification, we will endeavour to match the specifications of the requested design (like for like) at the sole risk of the client. When matching the design of another product [existing, original or otherwise], it should be understood that the source or original design may have unknown design flaws that could render the product and any duplication of the original product unfit for purpose in some way. An unproven design can be reproduced by us, but it should be understood that this will always be at the sole risk of the client, and Jewel Passive Fire Protection Ltd will bear no responsibility for the product's functionality or fitness for purpose.

 

1. No responsibility is taken by the Contractor for the presence of perished, infested or rotten timber (or any other perished, rusty, infested or rotten materials) in existing structures such as doors, constructional or other timbers, windows and frames, whether detected or undetected at the time of contract.

 

1. Extras will only be undertaken further to both full discussions with the client and written agreement and charged at the agreed rate.

 

1. Protection of existing surfaces (floors, carpets, curtains, doors, furniture, etc.). Whilst we endeavour to protect existing surfaces with the use of dust sheets and loose plastic sheeting etc., along with care in our working practice, responsibility for protection from damage of any existing surface or fabrics etc., is the responsibility of the client. An arrangement can be made to put in place protection of existing surfaces, over and above our basic cover, at a negotiated additional cost.

 

1. Contract duration: An approximate duration time for work to be carried out can be found in our quotations. The 'Contract duration' is to be used as a guide only and will not affect the agreed contract price, i.e. if a contract takes longer than expected, no extra charges will be levied unless previously agreed, and conversely, if good progress is made and a contract takes less time to complete than expected, the client should not expect to receive a discount.

 

1. Discounts and retentions: Prices are based on the understanding that no retentions are held unless previously arranged and authorised. No Main Contractor or Sub Contractor discounts are given unless agreed upon and confirmed in writing.

 

1. Builder's waste is deemed to be waste generated by the Contractor whilst carrying out building works and includes materials taken down or demolished by the Contractor. This material can be used by the Contractor or client for hardcore or masonry infill etc., if suitable for the purpose. All on-site or roadside skip contents remain the property of Jewel Passive Fire Protection Ltd until collection by the skip company.

 

1. Jewel Passive Fire Protection Ltd reserves the right to terminate an agreed contract if the client is in breach of these terms and conditions.

 

1. We will endeavour to employ a helpful attitude at all times and will always attempt to bring the building works to a satisfactory conclusion as soon as possible, taking into account weather conditions and availability of specialist materials and unforeseen circumstances etc.