Draft for review before publishing. [TODO: have these terms checked by a solicitor. They are a starting point, not legal advice.]
1. The contract
These terms apply when you accept a quote from Richard McDonagh Plastering (“the Plasterer”). The accepted quote, including its inclusions, exclusions and payment schedule, and these terms form the contract. If you are a principal contractor, anything in your subcontract that conflicts with the accepted quote needs to be agreed in writing.
2. Price
Prices are as stated on the quote and are valid until the date shown. Provisional sums are estimates and are charged at the actual quantity done, at the quoted rates. Extra work not on the quote is charged at the rate book rates or as agreed before it is done.
3. Site readiness
You provide safe access and scaffolding, power and water, a clean and dry work area, and the building weather-tight where internal work is involved, unless the quote says otherwise. Delays caused by the site not being ready may be charged at the day rate.
4. Start dates
Start weeks are confirmed in writing. If the site is not ready on the confirmed week, the next available week will be offered.
5. Payment
Each stage is invoiced when it is reached. Invoices to principal contractors are reverse charge; you must file the RCT payment notification before paying and deduct the amount on your deduction authorisation. Other customers are charged VAT at the applicable rate. Payment terms are as stated on the invoice. Where agreed, retention is released at the end of the stated period.
6. Defects
Report any defect in writing within the retention period, or within 6 months of completion if there is no retention. The Plasterer will put right defects in his own workmanship. Cracking caused by movement, shrinkage, drying out or other trades is not a defect in workmanship.
7. Cancellation
If you cancel after acceptance, work already done and materials ordered for the job are payable.
8. Liability
The Plasterer’s liability is limited to the value of the contract, except where the law does not allow a limit. Nothing in these terms affects your statutory rights as a consumer.
9. Law
These terms are governed by Irish law.