Legal

Terms and Conditions

Kitchen worktops:

On confirmation of an order a sales order will be sent to the client. This should be treated as an order confirmation. The specification of this order is the specification of the kitchen which will be followed onsite. It is the client’s responsibility to make sure the actual specification matches the order prior to templating. MGS cannot take any responsibility for changes made during template. Any changes made during template may alter the price of the works and must be signed off by the client or their representative.

Works are divided into two slots per day. AM and PM. Afternoon appointments cannot be booked later than 13:00. For the benefit of the client MGS aim to install the worktops in AM appointments.

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All units must be in their fixed and final positions with all appliances relating to the kitchen worktop onsite for us to examine. Loose units may result in MGS pulling site with a charge of £250.00+vat added to the invoice. Loose units may also result in an incorrect template which alters the overhangs at installation. MGS cannot take any responsibility for difference in overhangs.

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MGS Standard overhang on sinks is 5-8mm on stainless steel sink and 8-15mm on porcelain sinks. Overhangs are designed to hide a silicone bead between the bowl and stone. If the client has ordered a special sink or additional sink colander drainers, chopping boards etc MGS must be made aware in writing prior to the template so we can allow for this. Sinks cannot be altered after installation. If the client is installing a new quooker tap with a 32mm hole they must arrange for quooker to drill the hole 1 day after the stone has been installed.

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At templating the client or their representative must be present to sign off paperwork relating to the templating of the worktop. If they are not present a sheet will be left onsite which must be signed and digitally returned to allow production to begin. Installation dates cannot be confirmed or finalised until works are confirmed as "in production" via an email.

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If the client wishes to position templates on their selected stones this can be done digitally or physically if booked in advance. Production can only begin once positions are approved. Installation dates will be altered. MGS aim for 5-7 working days for manufacture. MGS will provisionally book installation when in production but make final confirmation of the installation date via email two days before. If you do not receive communications please assume the works are not being undertaken on the next day and contact MGS offices for confirmation of installation.  The client must be present at installation to sign off the installation. If the client is not present any returns to site for aesthetic alterations will be chargeable at £150.00+vat. If the works are not signed off it will be taken as the works are completed and the project closed.

On completions of the works balance payment must be made within the agreed payment terms as per the sales order confirmation. Failure to pay within the agreed time frame will incur costs of an additional 10% of the order value per week overdue.

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Overhang variation at installation is +/- 4mm. Gaps between worktop and upstand and / or cladding tolerances are 3mm. Gaps between stone and tall housing to avoid tall housing damage is 3mm. 

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Gaps behind upstands will be caulked by MGS. Gap variations are due to the plastered wall and to be checked by the client prior to works. MGS will not check the wall at template. 

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Natural stone and quartz composite stones have a natural curvature that cannot be avoided and is common. Lips in joints are not uncommon and must in installed in such a way that the front and back meet evenly. Attempts will be made to even the joint as much as possible but considerable tolerances are maximum of 1.5mm. Worktop Joints can be up to 4mm wide.

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The client must be present at the final day of installation to sign off the installation. Snagging period is immediately after installation. There is no further snagging period. Snagging should be undertaken with an MGS representative or if it unavoidable a detailed email explanation via email including photos should be compiled.  On completion of the works balance payment must be made within the agreed payment terms as per the sales order confirmation. Failure to pay within the agreed time-frame will incur costs of an additional 10% of the order value per week overdue.

All materials including the stone remain the property of MGS Stoneworks until paid in full. 

Bathroom cladding wall panels:

All surfaces must be prepared in advance by the main contractor. All walls must be prepared with a suitable product to install stone on such as hardie tile backer or wedi board. All walls must be solid. All joints must be staggered. Plasterboard of any kind, MDF of any kind or Chipboard of any kind are unsuitable surfaces to adhere stone to. All shower enclosures and shower trays must be fully tanked by others. MGS take no responsibility for leakages after stone installation. Stone shower trays are not naturally waterproof and must be fully tanked by others. MGS take no responsibility for leakages after stone installation. Showerhead flow rates and drainage pipe sizes should be inspected and confirmed by a professional before stone is installed. Flush to floor shower trays may overflow out into the room. MGS cannot take any responsibility for this.

All floors must have a cracking isolation membrane such as schulter ditra matting installed to allow for floor movement regardless of floor type or if there is underfloor heating of not.

Grout and Silicone colour must be selected by the client as soon as stone installation has been started. Grout options accepted are from Mapei or Ardex. Silicone options from Ottoseal S70 range or a RAL colour.

All sinks must be installed by the client within the cabinet housing in their fixed and final positions. MGS do not install porcelain bowls. Stone sinks floating in the air must have suitable weight bearing brackets installed by others. MGS does not supply or install these items. Assumed marble weights are 65kg per m2 with a 20mm thick sheet.

Taps must be installed by others after the stone has been installed. It is impossible to install the taps onto the stone before installation due to MGS being unable to carry stone in the “tabletop” position. MGS will only drill through the stone and not any other material beneath.

1. Application

   • These terms and conditions shall be deemed to be incorporated in any contract, agreement or Order Form between the Contractor and the Client and shall be in substitution for any other terms and conditions introduced before or after the date of the Order Form (unless expressly identified and agreed to in writing by the Contractor). Furthermore, any action undertaken by the Client in pursuit of their obligations under the Contract will be deemed an explicit agreement to the terms of the Contract and cannot be rescinded, altered or amended in any way without mutual agreement by the Parties.

2. Definitions and Interpretation

   • The Contract Price, the Contract Works, the Site, the Commencement Date, the Completion Date, the Payment Dates, the Client and the Contractor have the meanings shown in the Order Form.

   • In these terms and conditions, unless the context otherwise requires, the following expressions have the following meanings:

2.2.1

“Certificate of Practical Completion”

means a written notice from the Client confirming that the works are deemed to have reached Practical Completion;

2.2.2

“Contract”

means the Order Form, these terms and conditions and the documents embodied into or referred to in the Order Form;

2.2.3

“Due Date”

has the meaning given in clause 5.1;

2.2.4

“Insolvent”

has the meaning given in section 113(2) of the Housing Grants, Construction and Regeneration Act 1996 (as amended);

2.2.5

“Order Form”

means the completed acknowledgement of order to which these terms and conditions are attached;

2.2.6

“Parties”

means the parties to the Contract, namely the Contractor and the Client;

2.2.7

“Payment Notice”

has the meaning given in clause 5.3;

2.2.8

“Practical Completion”

means the date of completion of the Contract Works determined in accordance with clause 11.1.1 and 11.1.2;

2.2.9

“Snagging List”

means the list of snagging items to be issued by the Client at the time of practical completion; and

2.2.10

“Statutory Requirements”

means the notices required by any statute, any statutory instrument, rule or order or any regulation or bylaw applicable to the Contract Works.

• Unless the context otherwise requires, each reference in these Terms and Conditions to:

  • “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

  • a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time; and

  • a clause or paragraph is a reference to a clause of these terms and conditions.

• The headings used in these terms and conditions are for convenience only and shall have no effect upon the interpretation of these terms and conditions.

• Words imparting the singular number shall include the plural and vice versa.

• References to any gender shall include the other gender.

1. The Contract Works

   • The Contractor shall carry out the Contract Works in a good and workmanlike manner and complete the Contract Works in accordance with the Contract using materials and workmanship herein specified or otherwise of a good and suitable standard and which are not generally regarded as deleterious.

   • The Contractor may appoint sub-contractors to perform any or all of the Contract Works, but shall be liable for the acts and defaults of all such sub-contractors as if they were its own acts and defaults, and shall not be relieved of any obligation hereunder by reason of the use or appointment of sub-contractors.

   • The Contractor shall use all reasonable endeavours to complete its obligations under these terms and conditions at the times required by the Contract, but time will not be of the essence in the performance of these obligations.

2. Contract Price

   • The Client agrees to pay the Contract Price in consideration of the Contractor carrying out the Contract Works at the times and in the manner specified in the Contract.

   • In addition the Contractor may recover from the Client his reasonable incidental expenses for materials used and for third party goods and services supplied in connection with the provision of the Contract Works.

   • All sums payable by either Party pursuant to these terms and conditions are exclusive of any value added or other tax (except corporation tax) or other taxes on profit, for which that Party shall be additionally liable.

3. Payment

   • Up to completion of the Contract Works (subject to the sole discretion of the Contractor thereafter unless otherwise stated in these terms), the Contractor shall be entitled to interim payments. Unless otherwise agreed between the Parties, the due dates for such interim payments shall be the Client’s receipt of the Contractor’s relevant invoice or the Payment Dates (each being a Due Date) whichever is the later.

   • The Contractor may submit an invoice for payment before, on or after each Payment Date identifying the amount due up to the relevant Due Date.

   • Within 5 days of each Due Date the Client shall give a payment notice in writing to the Contractor specifying the amount of the interim payment to be made and about the basis on which such amount is calculated (a “Payment Notice”).

   • Subject to any alternative payment terms as may be set out on the Order Form, the final date for payment shall be 14 days after the Due Date.

   • If any sum payable under the Contract is not paid by the final date for payment then, without prejudice to the Contractor’s other rights under the Contract, that sum shall bear interest from the final date for payment until payment is made in full, both before and after any judgment, at eight per cent per annum in excess of the rate set from time to time by the Bank of England’s monetary policy committee or any successor of it.

   • Should the Client fail to pay any invoice by the final date for payment the Contractor may following seven days’ notice in writing suspend all or part or the Contract Works. Upon the ending of a suspension the Client shall pay the Contractor’s reasonable costs of the suspension and shall grant the Contractor an extension of time for the period of delay caused by the suspension.

4. Retention

   • If specified within the Order Form as a special condition the Client may deduct from any interim payment due to the Contractor a sum equivalent to that which is specified within the Order Form by way of retention.

   • If clause 6.1 applies the Client shall pay to the Contractor one half of the retention within 14 days of the Certificate of Practical Completion and the other half of the retention within three months of the Certificate of Practical Completion.

   • Subject to clause 6.1 and 6.2 the Client will not be entitled to deduct from any interim payment due to the Contractor any sums by way of retention.

5. Variation and Amendments

   • If the Client wishes to vary any details of the Contract he must notify the Contractor in writing as soon as possible. Any such instructions shall be valued by the Contractor on the basis of the Contractor’s rates and prices plus reasonable direct and/or indirect loss and/or expense incurred by the Contractor and an estimate of the required adjustment to the Completion Date. The Contractor shall issue an invoice to the Client for any additional costs. The Contractor shall not be required to comply with a variation request until such time as the relevant time and price adjustment have been agreed.

6. Termination

   • The Contractor may terminate the agreement immediately if:

     • the Client is in breach of any of his obligations hereunder;

     • the Client has become Insolvent;

     • the Client commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or make a proposal for or enters into any compromise arrangement with its creditors;

     • (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Client, other than for the sole purpose of a scheme for a solvent amalgamation of the Client with one or more other companies or the solvent reconstruction of the Client;

     • (being an individual) the Client is the subject of a bankruptcy petition or order;

     • a creditor or encumbrancer of the Client attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;

     • (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Client;

     • (being a company) a floating charge holder over the Client’s assets has become entitled to appoint or has appointed an administrative receiver;

     • a person becomes entitled to appoint a receiver over the Client’s assets or a receiver is appointed over the Client’s assets; or

     • any circumstances whatsoever beyond the reasonable control of the Contractor that arise and require for any reason the termination of the Contract.

   • In the event of termination under clause 8.1 the Client shall pay to the Contractor the value of the Contract Works executed, based upon the Contractor’s rates and prices, materials on the Site and the cost of removal of its plant, tools and equipment by the Contractor and shall allow the Contractor its direct loss and expense and loss of profit. Such payment shall be made in accordance with clause 5 hereof following the Contractor’s rendering of an invoice.

7. Assignment

   • The Contractor may assign, transfer, charge or sub-contract any or all of its rights and obligations under the Contract without the consent of the Client.

   • The Client shall not assign, transfer, charge, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract without the prior written consent of the Contractor.

8. Liability and Indemnity

   • The Contractor’s liability under or in connection with the Contract shall be limited to an amount equivalent to one tenth of the Contract Price. This limit shall apply however that liability arises, including, without limitation, a liability arising by breach of contract, arising by tort (including, without limitation, the tort of negligence) or arising by breach of statutory duty. Provided that this clause shall not exclude or limit the Contractor’s liability for:

     • death or personal injury caused by the Contractor’s negligence; or

     • fraud or fraudulent misrepresentation.

   • Subject to clause 10.1 the Contractor shall not be liable to the client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

     • loss of profits;

     • loss of sales or business;

     • loss of agreements or contracts;

     • loss of anticipated savings;

     • loss of or damage to goodwill;

     • any indirect, special or consequential losses.

   • The Client shall indemnify the Contractor against all damages, costs, claims and expenses suffered by the Contractor arising from loss or damage to any equipment (including that of third parties) caused by the Client, or his agents or employees.

   • The Contractor shall not be liable to the Client or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of the Contractor’s obligations if the delay or failure was due to any cause beyond the Contractor’s reasonable control.

9. Programme

   • The Contractor is to take possession of the Site on the Commencement Date and the Contract Works are to be completed to the point where the Client can assume occupation of the Site and the Contract Works by the Completion Date, as such date may be adjusted under the Contract. The Client shall be regarded as being able to assume occupation of the Site and the Contract Works following the issue by the Client of the Certificate of Practical Completion, which shall be issued when:

     • the Contract works are completed in accordance with the Contract, save for small items of work which do not affect the compliance of the Contract Works with the Statutory Requirements or affect the intended use of the Contract Works and the Site, as such items are agreed by the Client and set forth on a list of snagging items; and

     • applicable authorities have, if necessary, approved the Contract Works.

   • Practical Completion shall be regarded as having been achieved when the Certificate of Practical Completion is issued by the Client or the Client takes possession of the Site whichever is earlier.

10. Extension of Contract Period

If it becomes apparent that the Contract Works will not be completed by the Completion Date (or any later date fixed under this clause from time to time) for reasons beyond the control of the Contractor, including (without limitation) compliance with any instruction of the Client that is not due to the default of the Contractor, then the Contractor shall notify the Client in writing confirming that the Completion Date has been amended. The Client shall also make an allowance for the Contractor’s direct loss and expense occasioned by the extension of time and such sum shall be added to the Contract Price.

1. Dispute Resolution

If any dispute or difference concerning the Contract Works shall arise between the Client and the Contractor, such dispute or difference may be referred to adjudication to be conducted in accordance with the Scheme for Construction Contracts Regulations (England and Wales) 1998 (as amended). For the purposes of such adjudication the parties agree that the nominating body for appointment of the adjudicator shall be the President or Vice President of the Royal Institute of Chartered Surveyors.

1. Force Majeure

Neither the Client nor the Contractor shall be liable for any failure or delay in performing their obligations under these terms and conditions where such failure or delay results from any cause that are beyond the reasonable control of the parties. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action.

1. Waiver

No failure or delay by a party to exercise any right or remedy provided under these terms and conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

1. Severance

If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these terms and conditions.

1. Copyright

The Contractor reserves all copyright and any other rights (if any) which may subsist in the products of, or in connection with, the provision of the Contract Works. The Contractor reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.

1. Notices

   • Any notice or other communication to be given or made under the Contract shall be in writing and shall be delivered by hand, post or email to the Contractor or the Employer at the address set out in the Order Form or at such other address or number as the relevant party may specify from time to time by notice in writing to the other.

   • Notices shall be deemed to have been received:

     • in the case of delivery by hand, when delivered;

     • in the case of pre-paid post, two days after the date of posting; and

     • in the case of email, upon receipt of a “read notice” from the recipient to the sender.

1. Law and Jurisdiction

   • The governing law of the Contract shall be the laws of England and Wales.

   • The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this letter or its subject matter or formation (including non-contractual disputes or claims).

2. Third Party Rights

Nothing in the Contract confers or purports to confer on any third party any benefit or any right to enforce any term of the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.