Terms & Conditions
InaSanctum Designs aims to provide the best possible professional service to our clients. We try to work safely, quickly and efficiently and we hope you find us easy to do business with. At the end of a project we hope that you feel you have received a first class product and service, with the minimum of fuss and that you will recommend us to friends and colleagues. For this reason and to prevent any misunderstanding from the outset, the following Terms and Conditions are necessary to ensure you are clear about what you can expect, and should assist you in keeping costs and surprises to a minimum.
All terms assume supply to and payment from an individual and not a limited company. Appropriate amendments to these terms can be made in the case of the client being a limited liability company.
An order will only be accepted if accompanied by a non-returnable deposit (see “Payment Terms”) and will be deemed to be upon these Terms and Conditions. These Terms and Conditions can only be varied upon written agreement of both parties.
All stated delivery times are estimates and cannot be guaranteed. InaSanctum Designs will, however, use all reasonable efforts to achieve dates agreed, wherever possible. Delivery costs are included in the quoted price to all UK mainland sites.
Access to the site and the immediate vicinity will be required for a lorry of sufficient size and weight (normally 30ft and 17 tonnes) to deliver the buildings and supplies and to have sufficient space to off-load it. Space at the site is also needed for a large van and a skip to be parked for the duration of the construction period. Moreover, various suppliers must also be able to deliver intermittently to the immediate vicinity of the site. Any possible limitations to this must be advised in writing at the time of placing the order so that inconvenience and extra cost are minimised.
Electricity must be available at all times from a double socket or, if advised in writing at the time of placing the order, a generator can be supplied for an additional charge. Access to water is also required.
Access to a WC is required. If not available, a ‘portaloo’ will be hired and charged for as a separate account item.
There must be clear space of 1.4 metres around gable ends and 1.0 metre to the rear.
Technical drawings are supplied, if required, and are designed for normal ground conditions.
Abnormal ground conditions such as made up ground, excessive top soil, tree roots, underground services and others, may require alternative solutions which could alter the cost of the groundworks previously quoted by others. Solutions for unknown abnormalities, which may not be evident until after excavation has commenced or the Building Officer has inspected the footings, can usually be supplied, albeit at extra cost.
Working hours on site may extend from 8.00 am to 8.00 pm five days a week, depending on time of year. Sometimes weekends are included, but we must be advised in advance if this is not acceptable.
Materials can only be delivered to site after completion of groundworks and receipt of the third payment or other scheduled payments as agreed.
In the event of non-payment of the second instalment within two weeks of the invoice date, unless agreed in writing, storage charges of 1.5% of the contract cost per month calculated from the due date for delivery as per the second invoice.
In the event that, through no fault of its own, InaSanctum Designs is unable to commence works on site within four months from the date of placement of order, unless previously agreed in writing, there will be a storage charge at the rate of 1.5% of the contract value per month calculated from the date of placement of the order.
Quoted Prices are fixed at the time of placing the order (ie when initial payment is made, or other sum if for different works) for three months. Estimated costs may vary and are not fixed as untoward conditions may be discovered during the works for this reason. Thereafter InaSanctum Designs reserves the right to alter the price to cover any increase in direct costs. VAT is charged on all invoices unless a certificate of exemption is supplied, in advance, by the client.
Design, Planning Coordination and Liaison fees:
InaSanctum Designs will carry out any necessary design work and will make any planning application where required on behalf of the client for which a payment agreed in advance is due. This fee will usually be refunded from the balance outstanding after deduction of design and engineering costs and any other disbursements from the final invoice value, providing the order is placed within one year of planning approval. All disbursements to the planning authorities and Building Control body are for the client’s account. All payments are non-refundable as they represent effective payments in arrears. Further fees will be payable in the event of specialist reports, surveys or data are required, (eg bats, topographical, heritage, geological, pollution, archaeology, drainage, porosity) or site specific discoveries are made (eg.landfill, asbestos, services, antiquities) These can only be costed at the time. Additional site meetings, design alterations, CAD plans requested by the client will be charged at £85.00 per hour, plus vat. Travel expenses are charged at £0.46p per mile.
Building payment terms:
As per the specification or as otherwise agreed in writing. THESE CANNOT BE VARIED once agreed and further costs will accrue to the client account if made. All sums are non-returnable
Other works by agreement of further terms and conditions in advance
Payment of the initial payment represents acceptance of these Terms and Conditions.
The initial and subsequent payments will be calculated with reference to the final quotation or estimate. Additional works will include any surcharges or changes to the original costs all of which would be agreed in writing. VAT will be added to each payment, unless it is expressly exempt.
There is a 2% monthly surcharge on all outstanding accounts from the date of the final invoice. continued …
The following circumstances will incur surcharges based on the cost:
incurred by InaSanctum Designs or its subcontractors as a result of delay in the delivery of the building or products, caused by the client
incurred (including supplementary journeys and staff time) due to incomplete or incorrect groundworks and or any remedial work if by others
caused by limitations of access not previously advised (eg blocked access to site by other operations)
caused by limitations to working hours/days not advised when placing the order
legal parking expenses if incurred
supply of generator, if required, and limitations to supply of electricity during construction; supply of WC
incurred by alterations to foundation requirements after inspection
alterations to standard specifications if required to satisfy local Building Regulation requirements
having less than 1.4 metres clearance at gable ends and 1.0 metre to rear
any drawings and associated work required or requested following sign off of agreed plans
any other matter which leads to additional costs to InaSanctum Designs not outlined at commencement and including cessation of works to allow for changes, alterations or orders issued to cease works by any Council, Official or Trade body, including for health and safety
In the event of cancellation of an order by the client it may be that charges over and above the value of initial payments, depending upon the current status of the building, are incurred and will be due for immediate payment. If a Stoppage notice is issued, this will be treated as a non-negotiable cancellation.
Termination of Contract
InaSanctum Designs reserves the right to terminate the contract upon:
bankruptcy of the client
non-payment of the second and /or third payment within 30 days of invoice date
should InaSanctum Designs be unable to proceed for any reason (other than due to the fault of InaSanctum Designs) for three months after the planned delivery date, unless agreed in writing.
Should any termination occur by the client for whatever reason, additional costs could be incurred by InaSanctum Designs over and above such payments already received. These will be itemised at the time and must be settled on demand immediately. All materials, intellectual property, drawings or structures remain the legal property of InaSanctum Designs ltd until and not before the final account has been settled. This does not infringe all normal legal rights to both parties in the extremely unlikely event of any deadlock.
Building Regulation Approval
In some instances, individual Local Authorities demand that the building is adapted to meet certain regulations not normally required due to the specific location of the building. Any such requirements will, if possible, be accommodated by InaSanctum Designs and any extra costs incurred will be to the client’s account. However, InaSanctum Designs, whilst making the application on the client’s behalf, is only responsible for ensuring that the building, as supplied by InaSanctum Designs, is approved and is not responsible for meeting Part L requirements (heat loss), for any internal lining or kitting out or thermal insulation which may be done, by others, after the building is erected. Moreover, any lining of, or alterations to, the external fabrication of the building, done without InaSanctum Designs’ prior knowledge at the time of placing the order, may affect the validity of the guarantee.
InaSanctum Designs recommends that all clients arrange for their own insurance to commence for the full value of the building and assorted works, including VAT, from the first date on site.
Whilst all reasonable care will be taken, and InaSanctum Designs carries public and liability insurance, InaSanctum Designs cannot be held responsible for damage caused at the site by others and would recommend that the client checks his/her own insurance policy covers this eventuality.
No liability will ever be accepted for damage or injury to third parties on or in the vicinity of works being carried out unless authorised access is granted in writing, and in advance.
InaSanctum Designs reserves the right to vary the standard specification and materials used in the buildings. In particular, reclaimed roof tiles vary in colour and no guarantee can be given to a specific colour bias. Any preference must be stated when placing the order and InaSanctum Designs will use its reasonable endeavours to oblige. Some items may need to varied due to discovery of hinderances not known, eg asbestos.
Providing the account has been settled in full, InaSanctum Designs guarantees for 10 years any new built structure, and 5 years for other works (from the date of completion) to make good any defect caused by faulty workmanship and/or materials supplied by us (excluding tiles dislodged by internal work by others). It excludes any movement, splitting and shrinkage naturally inherent in timber which does not affect the structural integrity of the building; any defect resulting from faulty groundworks by others; any defect resulting from works carried out by others. any subsequent alterations to the building that affect the structural integrity, such as cutting into first floors, removing bracing or all or part of load-bearing panels, carrying out internal finishes before the building has dried out; glass for one year including breakdown of double-glazing. Easing of all doors and reparation of roof coverings is covered for 12 months from date of completion. All third party suppliers guarantees will be passed on, but remain limited to their terms only. This warranty is invalidated if other works are carried out by other contractors after completion of works by InaSanctum Designs Ltd. Appliance warranties as per manufacturers terms. Electrical warranties as above ONLY to include works completed by the company. Additions or alterations will invalidate this unless approved in writing and in advance of further works being carried out.
All plans, drawings and calculations pertaining to designs in any of our material and website, and or specifically produced drawings, are owned by InaSanctum Designs and cannot at any time be copied, reproduced or distributed electronically or otherwise without prior written permission from InaSanctum Designs. This is due to their commercial sensitivity and value. They cannot be used by any other organisation or person to aid or assist construction of a structure or variation thereof. Copyright is held in perpetuity by InaSanctum Designs Ltd, and will be enforced to include damages, and/or loss of reputation in the event of a breach.
InaSanctum Designs Ltd, Tillington, Petworth, West Sussex, GU28 0RA
Registered Office: Solar House, New Street, Petworth, West Sussex GU28 0AS. Registered in England No. 5816790 VAT number 884 1219 16