Terms & Conditions
Please read the following information as it is important that you have noted and understood the contents. The following information is designed to eliminate any grey areas whilst outlining F&L/client responsibilities.
Please read the following information as it is important that you have noted and understood the contents. The following information is designed to eliminate any grey areas whilst outlining F&L/client responsibilities.
The following document provides general information that covers all F&L projects and works; it may be that not all the following information is relevant to this particular job. A project specific letter outlining specification, items included and services provided will be drawn up separately alongside final prices for agreement by the client. This document is designed to outline F&L and client responsibilities so as to eliminate grey areas and manage client expectations.
Standard payment terms shall commence from the date an official written order is received from the Client to F&L via email or post (please refer to offer letters and quotes).
The Timber Frame Package and all of its relevant components remain the property of F&L until final payment has been made and funds cleared (subject to final approval of snagging and units signed off) Timings of the incremental payments are based on the agreed erect programme of the main timber frame kit, including cladding, external doors and windows. Instalments are generally based on a percentage of the total contract cost. Upon completion of agreed works and on final settlement, any further snagging required relating to additional items, doors, windows, insulation and other (not the main timber frame structure) F&L will arrange remedial works at the earliest opportunity, and £500 ex vat may be withheld from the settlement figure until all issues are resolved. Once the erect team have left site, please ensure that someone is available for a snagging and sign off meeting within the following seven days.
To be outlined upon receipt of written order and deposit. Accurate dates cannot be discussed and agreed until all engineering is complete and structural drawings have been approved by the client. Upon approval of drawings, a “design freeze” period (minimum 1 week) is recommended prior to manufacturing as any amendments to the design, through engineering or otherwise will incur delays to the original timescales.
Unless otherwise stated F&L will provide the following where applicable: Sole plate layout drawings, floor joists and associated layouts, roof layouts and truss profiles, layout drawings, structural calculations.
Unload structural package, unload and fix chassis and insulated floor decks (if applicable), set out and fix sole plates, erect all wall panels, external, internal and gable, fix first floor (and subsequent floors if applicable) joists, bridging and flooring, fix roof structure, gable ladders, insulated roof panels if applicable. Unless factory insulated roof panels are specified, F&L will not insulate the roof space. NB. An OSB sarked roof does not represent a watertight building, clients are advised to arrange for roof felt and finish at the earliest convenience once F&L have completed all contracted works.
First and second fix joinery, plumbing and electrics, plasterboard and skim, kitchen units, bathrooms, stairs, lighting, floor finishes, rainwater goods. Roof finish, flooring, scaffolding, screening, site lifting to be discussed during project planning ie access for a teleporter (preferable and most cost effective) or small crane, skips and waste removal (please provide). See “Client Undertakings” for further guidelines concerning site and structure.
All units are designed and guaranteed by structural engineers carrying professional indemnity insurance up to £2 million pounds for 10 years. All units will also carry a product liability insurance of up to £2 million that guarantees materials and construction in accordance with engineers’ requirements, employers’ liability up to £10 million and contract works and all site risks of up to £700,000. Any certification of services, structural calculations, manufacturers’ guarantees etc (where applicable) will be handed over on receipt of final payment.
Not applicable – units will generally comply with requirements of a number of independent building warranty schemes available to the market. These warranty products are aimed at the client/land or building owner/end users and are not the responsibility of the supplier (F&L) to provide. Should the project be assessed though one of these schemes, we will be very happy to liaise with the inspectors throughout the project so that they receive the access and information required.
Any additional items that are not listed for supply and fit by F&L upon agreement of contracts will incur additional costs. F&L will endeavour to incorporate late items and amendments into the schedule where possible subject to written instruction by the Client. All items will be priced separately and may cause delays to the original timescale.
All footings, foundations and slabs must be square and level to within 5mm before the arrival of F&L to site. Uneven bases can create ongoing problems as the building goes up. In the event of an uneven base, F&L reserve the right to leave site until the problem is resolved and return at the next available opportunity. In the event of F&L having to leave site, this may incur additional costs in labour and travel and we cannot guarantee an immediate return to site. Please ensure the slab has been signed off and approved by the ground worker.
F&L use third party suppliers of windows and doors who provide a variety of products at differing budgets and specifications. Should you require samples, we can arrange a visit from their “sample van” however clients are responsible for selecting products and raising any questions concerning specification and appearance. F&L will endeavour to assist in any way but as we do not design and specify the products, we urge clients to research the market, select carefully, and issue a written brief to F&L outlining your requirements. A simple elevation drawing of the windows will be issued for approval by the client. F&L will take care of ordering, measurements, fitting and after sales support, but cannot be held responsible for complaints concerning appearance and specification as opposed to performance, damage and fitting defects.
Windows will be fitted using foam (from the inside only) and straps where applicable. Any additional external mastic sealing is to be carried out by others. Windows will be ordered as early as possible once the design of the building is approved and dates for the erect of the structure are confirmed. There will then be a further pre-start meeting between F&L and our supplier to confirm the order. F&L will endeavour to organise the fitting as near to our required date as possible although our suppliers operate a strict fitting cycle (of circa 10 days) over which we have no influence. This is planned based purely on weekly geographical demand throughout England and Wales rather than requested dates from clients. Once we are issued with a fitting date (normally the Thursday prior to the commencement of each fitting cycle) you will be able to continue planning the project and lining up the trades.
F&L will endeavour to alert our clients as to when deliveries will be arriving on site. Where additional lifting is required, F&L will make arrangements in advance with clients directly. We also cannot guarantee that we will be available to off load “non F&L” items. In the event of our assistance through “goodwill” F&L cannot be held responsible for any damage during the process. (Please see “Client Undertakings” for guidelines on access).
The price contained in the agreement is valid for 30 days from the date of the offer letter – otherwise F&L may amend the price at its discretion. The agreed price thereafter will remain valid for 3 months from the date of acceptance of the Price Agreement. If the commencement of works by the company is delayed by the client beyond this period, F&L reserve the right to amend the prices in accordance with fluctuating rates from our suppliers.
All units will be built in accordance with the agreed layouts and designs as approved in writing by the client. F&L reserve the right to amend or adjust the layouts during the structural design process, in line with industry practice at that time, materials etc. Any significant amendments must gain written approval (via email) from the client.
Ownership of the goods and any intellectual property rights which are the subject of this agreement shall not pass to the client until they are fully paid for.
F&L will endeavour to keep clear of existing planting but cannot guarantee that the process and use of lifting equipment, as well as weather conditions and the effects of the movement of earth during the build may cause minor and reasonable disruption to the ground surrounding the unit. (Please see “Client Undertakings” for guidelines on access).
Upon practical completion of the unit, F&L will present the cabin for hand over & snagging. We will book an appointment with the client at their earliest convenience to “walk round” the unit so that works can be signed off. The client should make someone available for this process with 7 days of completion of agreed works.
We will make good defects which, under proper use, appear within the first 6 calendar months after the goods have been delivered and arise solely from faulty design, materials or workmanship – subject to natural movement of wood beyond our control. In the unlikely event that a dispute cannot be resolved amicably, both parties are to seek the assistance of an independent 3rd party (member of the RICS) to be chosen by the client and approved by F&L. The “losing” party will cover any additional costs incurred.
While we take great care in purchasing high grade timber from carefully chosen suppliers, it is part of the nature of some timber to split, bend and shift through the seasons as it settles. This is a natural occurrence that will have no bearing on its performance. In the unlikely event that remedial work is required, a reasonable day rate would be charged. F&L use commercial cladding teams who fit all boarding in line with good site practice. Should you have specific fitting requirements, particularly regarding nailing patterns, use of nails, screws, pins, visible, concealed etc, this must be discussed with F&L in advance as further details and additional products may be required.
If F&L are cladding your building, we will supply and fit a plastic vent in between the outside of the timber frame panel and the cladding board. This will act as an insect barrier only, please note this is not a rodent barrier. Whilst it may act as a deterrent to unwanted visitors, mice for example can eat through concrete and squeeze through the smallest of holes. Any additional rodent barriers or deterrents, professionally fitted or improvised (wire mesh for example) are the responsibility of the client and must not affect the air movement behind the cladding. If you have a rural site or are near water and are concerned about rodent activity, please seek professional advice on pest control.
Neither party shall be liable for any failure or delay in performance of this agreement that is caused by circumstances beyond the reasonable control of a party (including delays caused by adverse weather conditions – see Scheduling/Delays).
(Unless otherwise agreed in the contract, F&L are NOT the main contractor, (or principle contractor under CDMC regulations) under normal circumstances the main contractor might be the client themselves or a contracted third party eg construction manager, building company etc)
Client/main contractor shall provide suitable access for fully loaded articulated trailers and assistance with off-loading where requested. In the event of a vehicle becoming stuck or damaged, the client will be responsible for any additional costs incurred for recovery, repair and cleaning.
Client/main contractor shall ensure that their slab is level in accordance with the drawings; construction manager or contractors erectors may verify this (see groundworks).
Client/main contractor shall supply and erect the scaffolding in respect to 1st, 2nd and subsequent floor erection and including internal towers. Scaffold is to be in accordance with current health & safety regulations – once erect team have been briefed, scaffold requirements will be discussed with the client.
Client/main contractor shall give assistance in the lifting of any roof girders, steelwork or other structural components as required either by hand or the provision of mechanical offloading: i.e. telescopic handler.
No allowance has been made for any external/internal mastic sealing throughout the building (see supply & fit windows and doors). The application of sealant is a “finishing” trade and is the responsibility of the client.
No allowance has been made for site welfare, first aid facilities, skip hire (please provide to coincide with the start of the project), mechanical offloading and electrical power supply.
F&L is not responsible for the provision and maintenance of safety fences.
An adequate supply of electricity is available.
Should any of the above undertakings not be met and F&L incurs additional material or labour costs over and above the agreed price, these shall be charged to and payable by the client on presentation of invoices. Any disruption to the schedule caused by failure to provide any of the above may incur additional costs calculated on a prevailing man hour rate, as well as additional travel or subsistence costs incurred.
We will normally undertake work in all weather conditions; however, unduly high winds may preclude the safe use of machinery and/or workmen on site. We undertake the right not to undertake work where there is a risk to the safety of the workers on site. Heavy snow and ice resulting in treacherous access as well as unreasonable conditions on site may also cause delays. Any such delays shall not be chargeable to F&L. Where projects are carried out under the guidance of a CDMC co-ordinator (appointed by the client), any additional unforeseen costs incurred by F&L that relate directly to the requirements of the CDMC co-ordinator (not outlined in advance) will be charged to the client at cost.
F&L use independent erect teams as well as a number of 3rd party suppliers. The erectors rely on suitable weather conditions, and the overall readiness of their clients, so their schedules are reviewed and amended week to week. Inclement weather can result in delays, reduced speed and progress on site, suspension of crane and lifting usage, suspension of working at heights as well as numerous other “unforseens.” F&L cannot be held responsible for adjustments to the schedule due to the late arrival of erect teams caused by delays incurred elsewhere (F&L or other). Upon arrival they will endeavour to complete all site works as quickly and as safely as possible thereafter.
There are differing rulings regarding VAT within the residential and leisure sectors and subsequently grey areas may emerge (eg supply only, supply and erect, primary residencies, static caravans, mobile lodges etc). Where there is any doubt over the classification of a project where VAT is concerned, it is up to the client to seek advice accordingly. If in doubt, F&L will charge VAT in full at the appropriate rate ruling.
Whilst there are still grey areas in the official guidelines, it is our understanding that units built to conform to the BS3632 will continue to be zero rated. We will endeavour to follow these guidelines under the advice of the BH&HPA (British Holiday & Home Parks Association). In the event of a challenge, unsuccessfully defended, we would have no option but to charge VAT as instructed at the recommended rate ruling.
Whilst there are still grey areas in the official guidelines, it is our understanding that units built to conform to the BS3632 will continue to be zero rated. We will endeavour to follow these guidelines under the advice of the BH&HPA (British Holiday & Home Parks Association). In the event of a challenge, unsuccessfully defended, we would have no option but to charge VAT as instructed at the recommended rate ruling.
Please do not hesitate to contact us if you have any queries