Terms and Conditions
​When entering in to a contract with Oakridge Extensions Ltd you are agreeing to the terms and conditions set out in this
GENERAL SERVICE AGREEMENT
INTRODUCTION
By accessing or using the Contractor’s services, the Client agrees to be bound by the terms of this Agreement. The Client is advised to read this document carefully as it sets out the rights and obligations of both Parties.
BACKGROUND
A. The Client acknowledges that the Contractor has the necessary skill, experience and capability to perform the Services.
B. The Contractor agrees to provide the Services subject to the terms set out in this Agreement.
In consideration of the mutual obligations set out herein, the Parties agree as follows:
1. DEFINITIONS
1.1 “Works” means all labour, services, materials and obligations described in the quotation, contract documents, or otherwise agreed in writing.
1.2 “Contract Sum” means the total price payable for the Works, subject to variation.
1.3 “Variation” means any change to the scope, specification, sequence, timing or execution of the Works.
1.4 “Business Day” means any day other than a Saturday, Sunday or UK public holiday.
1.5 “Practical Completion” means the stage where the Works are substantially complete and fit for intended use, subject only to minor snagging.
2. SERVICES
2.1 The Client appoints the Contractor to carry out the Works as described in the quotation and any agreed amendments.
2.2 The Works may include ancillary tasks reasonably necessary for completion.
2.3 No work outside the agreed scope shall be binding unless agreed in accordance with this Agreement.
2.4 Any Works not expressly included in the quotation shall be treated as a Variation and shall not be binding unless agreed in accordance with Clause 7.
3. TERM
3.1 This Agreement shall commence upon signing and continue until completion of the Works, unless terminated earlier in accordance with this Agreement.
3.2 The term may only be extended by mutual agreement, including verbal instructions confirmed by the Contractor in writing.
3.3 Time shall not be of the essence unless expressly agreed in writing. Any estimated completion dates are indicative only and subject to Variations, delays, and Client obligations being met.
4. TERMINATION
4.1 Either Party may terminate this Agreement by giving 14 days’ written notice.
4.2 The Contractor may terminate immediately where the Client:
* fails to make payment when due;
* obstructs or delays the Works; or
* breaches any material obligation.
4.3 On termination, the Contractor shall be entitled to payment for all Works carried out, materials ordered, commitments made, and loss of anticipated profit on the remaining Works.
4.4 The Contractor may suspend or terminate the Works immediately if:
* payments are overdue;
* access to the Site is restricted or unsafe;
* the Client fails to provide instructions within reasonable time;
* the Client engages third parties affecting the Works.
4.5 Upon termination, the Contractor shall be entitled to:
* all Works completed;
* materials ordered or committed;
* subcontractor liabilities;
* demobilisation and remobilisation costs;
* reasonable loss of profit on uncompleted Works.
5. PERFORMANCE
5.1 The Client shall provide full cooperation, access, and timely decisions necessary for the Contractor to perform the Works without delay.
5.2 Any delay caused by the Client shall entitle the Contractor to:
* extension of time;
* additional costs;
* suspension of Works without liability.
6. PAYMENT
6.1 The Contract Sum shall be as stated in the quotation.
6.2 A deposit/retainer is payable upon signing and is non-refundable except where required by law.
6.3 Payments shall be made in stages or upon completion of phases as invoiced.
6.4 All invoices are due immediately upon receipt unless otherwise stated.
6.5 The Contractor may suspend the Works where payment is overdue until full payment is received.
6.6 Suspension shall entitle the Contractor to an extension of time and recovery of all resulting costs.
6.7 Any unpaid sums shall remain due notwithstanding termination.
6.8 The Client shall not be entitled to withhold, set off or deduct any sums due under this Agreement for any reason unless agreed in writing by the Contractor.
7. VARIATIONS (PRICE & TIME ADJUSTMENT)
7.1 The Contractor may carry out Variations only where instructed or agreed by the Client.
7.2 Variations may be agreed verbally or in writing. Any verbal instruction shall be confirmed in writing by the Contractor and deemed accepted unless disputed within 5 Business Days.
7.3 All Variations shall be charged at the Contractor’s prevailing rates or agreed quotation.
7.4 Variations shall entitle the Contractor to adjust:
* the Contract Sum;
* payment schedule; and
* completion date.
7.5 The Contractor shall not be obliged to proceed with any Variation until pricing is agreed.
7.6 The Contractor shall not be obliged to commence or continue any Variation until:
* written acceptance of cost and time impact is confirmed; or
* payment terms for such Variation are agreed.
7.7 Failure by the Client to respond within 5 Business Days to a Variation confirmation shall be deemed acceptance.
8. THIRD-PARTY WORKS / SCOPE PROTECTION
8.1 The Contract Sum is based on the Contractor carrying out the entire Works.
8.2 The Client shall not remove, omit, or allocate any part of the Works to a third party without the Contractor’s prior written consent.
8.3 Any breach of this clause shall constitute a material breach.
8.4 The Contractor shall be entitled to recover all losses arising, including:
* loss of profit;
* overheads;
* wasted costs;
* disruption;
* demobilisation/mobilisation costs;
* loss of anticipated income.
8.5 No reduction in Contract Sum shall apply unless agreed in writing by the Contractor.
8.6 The Client acknowledges that removal of any part of the Works or engagement of third parties may result in loss of efficiency, sequencing disruption, and loss of profit, all of which are recoverable by the Contractor as damages.
9. DELAYS
9.1 The Contractor shall not be liable for delays caused by:
* Client instructions or lack of decisions;
* third parties;
* adverse site conditions;
* supply chain issues;
* weather or force majeure events.
9.2 The Contractor shall be entitled to extensions of time and additional costs arising from such delays.
9.3 Any delay caused by Client instruction, lack of instruction, or third-party interference shall automatically extend the completion date without the need for further agreement.
10. CLIENT OBLIGATIONS
The Client shall:
* provide unrestricted site access;
* ensure utilities (water, electricity, access) are available;
* obtain necessary permissions unless otherwise agreed;
* not interfere with the Contractor’s methods or sequencing.
Failure to comply shall entitle the Contractor to extension of time and additional costs.
10.2 The Client shall be responsible for ensuring:
* planning permission (unless agreed otherwise);
* building control approvals;
* structural calculations;
* Party Wall matters (if applicable).
Failure shall entitle the Contractor to suspension and recovery of costs.
11. SUBCONTRACTING
The Contractor may engage subcontractors at its discretion. The Client shall not engage third parties affecting the Works without written consent.
12. EQUIPMENT & MATERIALS
The Contractor shall supply materials and equipment unless otherwise agreed. Title to materials remains with the Contractor until full payment is received.
13. OWNERSHIP OF MATERIALS
13.1 All materials supplied remain the property of the Contractor until paid in full. The Contractor may remove unpaid materials from site where permitted by law.
13.2 Materials delivered but not yet installed remain the property of the Contractor until paid in full.
13.3 The Contractor may remove unfixed materials upon termination where access is reasonably permitted.
14. INTEREST ON LATE PAYMENT
Overdue sums shall accrue interest at 4% above the Bank of England base rate per annum or the maximum permitted by law, whichever is lower, calculated daily.
15. LIABILITY
15.1 Nothing in this Agreement shall exclude or limit liability for death or personal injury caused by the Contractor’s negligence, fraud, or any other liability which cannot be excluded or limited by law.
15.2 Subject to Clause 15.1, the Contractor shall not be liable for any indirect, consequential or economic loss, including (without limitation) loss of profit, loss of use, loss of opportunity, or business interruption.
15.3 Subject to Clause 15.1, the Contractor’s total aggregate liability arising out of or in connection with this Agreement, whether in contract, tort (including negligence) or otherwise, shall be limited to the total Contract Sum paid or payable under this Agreement.
15.4 The Contractor shall not be liable for any injury, loss, damage or delay arising from the Client’s failure to comply with health and safety instructions, site rules, or lawful directions issued by the Contractor, including (without limitation) unauthorised access to the Site, interference with ongoing Works, or failure to adhere to safety warnings or exclusion areas.
15.5 The Client acknowledges that entry onto or presence within the Site during the Works is at their own risk unless expressly authorised by the Contractor, and the Contractor shall not be liable for any loss or damage arising from such access where it occurs in breach of this Agreement or the Contractor’s instructions.
15.6 The Client acknowledges that the Works involve demolition, construction, structural alteration and other activities which may, notwithstanding reasonable care, result in minor cosmetic or incidental damage to the existing property.
15.7 The Contractor shall not be liable for:
* pre-existing defects or structural weaknesses;
* cracking, movement or deterioration resulting from inherent structural conditions;
* reasonable and unavoidable damage arising from properly executed Works carried out in accordance with industry standards;
* damage to areas not reasonably protected due to the nature of ongoing construction.
15.8 The Contractor shall take reasonable care to protect existing finishes and areas not forming part of the Works; however, the Client acknowledges that full protection of all surfaces may not be practicable during major works.
15.9 Any damage caused by the Contractor’s proven negligence or failure to exercise reasonable skill and care shall be remedied by the Contractor, subject always to the liability limitations set out in this Agreement
16. INDEMNITY
16.1 Each Party indemnifies the other against losses arising from their breach, negligence, or misconduct under this Agreement.
16.2 Any breach of this Agreement by the Client shall entitle the Contractor to recover:
* direct losses;
* indirect losses where reasonably foreseeable;
* loss of profit on uncompleted Works;
* disruption and loss of productivity.
17. CONFIDENTIALITY
Both Parties shall keep confidential information private except where required by law.
18. INDEPENDENT CONTRACTOR
18.1 The Contractor acts as an independent contractor and not an employee, partner or agent of the Client.
18.2 The Contractor shall have full discretion over:
* sequencing of Works;
* methods of construction;
* choice of subcontractors;
provided Works are completed in accordance with agreed specification.
19. NO EXCLUSIVITY
This Agreement is non-exclusive.
20. NOTICE
20.1 All notices shall be in writing and delivered by email or post to the last known contact details.
20.2 Notices shall be valid if sent by email and deemed received on the next Business Day unless bounce-back or failure notice is received.
21. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties and supersedes all prior discussions or representations.
22. SEVERABILITY
22.1 If any provision is deemed unenforceable, the remaining provisions shall remain valid.
22.2 No ambiguity in this Agreement shall be interpreted against the Contractor on the basis that it drafted the Agreement.
23. GOVERNING LAW
This Agreement shall be governed by the laws of England and Wales.
24. HEALTH & SAFETY AND SITE ACCESS
Health and Safety & Site Control
24.1 The Client acknowledges that from the commencement of the Works until practical completion, the property (or relevant area of the property) shall be treated as an active construction site (“Site”).
24.2 From the commencement date of the Works, the Client, their family members, visitors, tenants, agents or any third parties shall not enter or access any active work area without the prior consent of the Contractor.
24.3 Where access is permitted at the Contractor’s discretion, all persons entering the Site must comply fully with the Contractor’s health and safety instructions, site rules, and any applicable statutory requirements, including but not limited to the wearing of appropriate personal protective equipment (PPE) where required.
24.4 The Contractor shall have full authority to restrict, suspend, or refuse access to the Site where, in the Contractor’s reasonable opinion, such access presents a health and safety risk, causes disruption to the Works, or may compromise site security.
24.5 The Client acknowledges that construction activities involve inherent risks including but not limited to uneven surfaces, exposed materials, electrical works, plant and machinery, and hazardous conditions. Entry onto the Site is therefore strictly at the Client’s own risk where permitted.
24.6 The Contractor shall not be liable for any injury, loss, damage or incident arising from unauthorised access to the Site or failure by any person to comply with site rules or health and safety instructions.
24.7 The Contractor shall be responsible for maintaining reasonable health and safety standards in accordance with applicable legislation and industry practice, including the provision of a reasonably safe system of work for authorised personnel on Site.
24.8 Any breach of this clause by the Client or their representatives which results in delay, disruption, or additional work shall entitle the Contractor to an extension of time and recovery of all associated costs.
24.9 The Client shall not enter any active work area under any circumstances unless expressly authorised in writing by the Contractor.
24.10 The Contractor shall be entitled to immediately stop Works if site safety is compromised by Client or third-party interference.
25. CANCELLATION, WITHDRAWAL AND TERMINATION BY CLIENT
25. Cancellation and Client Withdrawal
25.1 The Client acknowledges that this Agreement constitutes a contract for services and that cancellation rights may apply under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 where the Agreement is concluded off-site, online, or otherwise at a distance or away from the Contractor’s business premises.
25.2 Where the Client exercises any statutory right to cancel within the applicable cooling-off period, the Client shall be liable to pay for:
* all Works properly carried out up to the date of cancellation;
* all materials ordered, purchased, or committed for use on the Works (whether delivered or not and whether returnable or not);
* all preparatory, design, administrative, scheduling and mobilisation costs incurred; and
* a reasonable proportion of profit attributable to the Works carried out and commitments made up to the cancellation date, where permitted by law.
25.3 Where the Client requests that the Contractor commence the Works during the cooling-off period, the Client expressly agrees that the Contractor may begin performance immediately and acknowledges that they will be liable for all costs, labour, materials, and services provided up to the date of cancellation.
25.4 After expiry of any statutory cooling-off period, the Client may only terminate this Agreement in accordance with the termination provisions set out in this Agreement. Any such termination shall not affect the Client’s obligation to pay for:
* all Works completed up to the termination date;
* all materials ordered or committed to the Works;
* all subcontractor commitments and third-party obligations entered into;
* all reasonable overheads and administrative costs incurred; and
* any loss of profit reasonably attributable to the uncompleted portion of the Works.
25.5 The Client acknowledges that the Contractor reserves time and resources exclusively for the Client’s project. Accordingly, where the Agreement is terminated by the Client (other than due to Contractor breach), the Contractor shall be entitled to recover losses arising from disruption to scheduling and lost opportunity to undertake other work during the reserved period, provided such losses are reasonable and not penal in nature.
25.6 Any termination by the Client must be made in writing and shall not take effect until confirmed by the Contractor.
25.7 The Contractor’s valuation of Works completed and costs incurred shall be final and binding unless manifestly unreasonable.
25.8 The Client acknowledges that diary time reserved for the Works constitutes a commercial commitment and may be recovered as loss where termination occurs.
26. SOCIAL MEDIA AND MARKETING USE OF IMAGES
26.1 The Contractor may take photographs and/or video recordings of the Works and the site for the purposes of project records, quality assurance, portfolio use, marketing, and social media promotion.
26.2 The Contractor shall ensure that no personally identifiable or sensitive information is disclosed in any published material without the Client’s prior written consent. This includes, but is not limited to, house numbers, street names, vehicle registration plates, and any other identifying features reasonably capable of identifying the Client or the property.
26.3 Where necessary, the Contractor may digitally blur, obscure, crop, or otherwise edit images to remove any identifying features prior to publication.
26.4 The Contractor retains full ownership of all photographs and video content taken during the course of the Works and may use such material for promotional purposes, unless the Client requests in writing prior to commencement of the Works that no marketing use is permitted.
26.5 Any such opt-out request shall apply prospectively and shall not prevent the Contractor from using anonymised or non-identifiable imagery.
26.6 The Contractor shall not disclose confidential information or publish material that would reasonably be expected to compromise the Client’s privacy or security.
26.7 The Contractor shall not be restricted from using anonymised imagery of the Works for marketing purposes unless expressly prohibited in writing prior to commencement.
27. ACCEPTANCE
By signing this Agreement, the Client confirms full acceptance of all terms herein.
28. SEVERABILITY + SURVIVAL
28.1 If any clause is found unenforceable, the remainder shall remain valid and enforceable.
28.2 Clauses relating to payment, variations, termination, and liability shall survive termination of this Agreement.