Terms & Conditions

  1. Application 


6.4 Nothing in these Terms and Conditions shall limit or exclude the  

1.1 These Terms and Conditions shall apply to the provision of the  services detailed overleaf (“Services”) by JST Construction Limited [a  company registered in England & Wales under number 06072190 whose  registered office is at 5b Rossmore Business Village, Inward Way,  Ellesmere Port, Cheshire, CH65 3EY (“Supplier”) to you (“Client”) and to  the payment of this invoice. No other terms and conditions shall apply to  the provision of Services or to this invoice unless agreed upon in writing  between the Supplier and the Client. 

1.2 The essence of these Terms and Conditions remains the same as  those included with the Supplier’s quotation. The tense has been altered  to reflect the inclusion of these Terms and Conditions in an invoice. 

  1. Interpretation 

2.1 A “business day” means any day other than a Saturday, Sunday or  bank holiday. 

2.2 The headings in these Terms and Conditions are for convenience  only and shall not affect their interpretation. 

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

  1. Fees 

3.1 The fees (“Fees”) for the Services are set out in the quotation and  confirmed in this invoice. 

3.2 In addition to the Fees, the Supplier is entitled to recover from the  Client reasonable incidental expenses for materials used and for third  party goods and / or services supplied in connection with the Services.  Any such expenses are included in this invoice. 

3.3 The Client has agreed to pay the Supplier for any additional services  provided by the Supplier that are not specified in the quotation in  accordance with the Supplier’s current, applicable daily or hourly rate in  effect at the time of performance or such other rate as may be agreed  between the Supplier and the Client. Any such additional services so  rendered are detailed and charged for in this invoice. 

3.4 The Fees are exclusive of any applicable VAT and other taxes or  levies which are imposed or charged by any competent authority. 

  1. Quotation and Contract 

4.1 The quotation constitutes written acceptance and confirmation by the  Supplier of the Client’s order for the Services (as agreed between the  Supplier and the Client). 

4.2 The quotation is a contractual offer to provide the Services which the  Client has accepted. The Supplier and the Client have entered into a  contract for the provision of the Services. 

  1. Payment 

5.1 The Client shall pay the Fees due under this invoice within 30 days of the date of this invoice or otherwise in accordance with any credit  terms agreed between the Supplier and the Client. 

5.2 Time for payment is of the essence of the contract between the  Supplier and the Client. 

5.3 If the Client fails to make payment within the period in sub-Clause  5.1, the Supplier shall charge the Client interest at the rate of 8% per  annum above the Bank of England base rate from time to time on the  amount outstanding until payment is received in full. 

5.4 If the Client fails to make payment within the period in sub-Clause  5.1, the Supplier shall have the right to suspend the provision of the  Services (where the provision of the Services is ongoing) until payment  is received in full. 

5.5 Receipts for payment will be issued by the Supplier only at the  Client’s request. 

5.6 All payments must be made in British pounds unless otherwise  agreed in writing between the Supplier and the Client. 

  1. Liability and Indemnity 

6.1 The Supplier will not by reason of any representation, implied  warranty, condition or other term, or any duty at common law or under  these Terms and Conditions, be liable for any loss of profit or any  indirect, special or consequential loss, damage, costs, expenses or other  claims (whether caused by the Supplier’s employees, agents or  otherwise) in connection with its provision of the Services or the  performance of any of its other obligations under these Terms and  Conditions or this quotation or with the use by the Client of the Services  supplied. 

6.2 The Supplier 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 Supplier’s obligations if  such delay or failure is due to any cause beyond the Supplier’s  reasonable control. 

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

Supplier’s liability for death or personal injury caused by its negligence or  for any other matters for which it would be unlawful to exclude or limit  liability. 

  1. Force Majeure 

Neither party shall be liable for any failure or delay in performing their  obligations where such failure or delay results from any cause that is  beyond the reasonable control of that party. 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 or any other event that is  beyond the control of the party in question. 

  1. Communications 

8.1 All notices under these Terms and Conditions shall be in writing and  signed by, or on behalf of, the party giving notice (or a duly authorised  officer of that party). 

8.2 Notices shall be deemed to have been duly given: 

(a) when delivered, if delivered by courier or other messenger (including  registered mail) during the normal business hours of the recipient; (b) when sent, if transmitted by fax or email and a successful  transmission report or return receipt is generated; 

(c) on the fifth business day following mailing, if mailed by national  ordinary mail; or 

(d) on the tenth business day following mailing, if mailed by airmail. 8.3 All notices under these Terms and Conditions shall be addressed to  the most recent address, email address or fax number notified to the  other party. 

  1. No Waiver 

9.1 No waiver by the Supplier of any breach of these Terms and  Conditions by the Client shall be considered as a waiver of any  subsequent breach of the same or any other provision. 

9.2 No failure or delay on the part of either the Supplier or the Client to  exercise any right, power or privilege under these Terms and Conditions  shall operate as a waiver of, nor shall any single or partial exercise of  any such right, power or privilege preclude, any other or further exercise  of any other right, power or privilege. 

  1. Severance 

In the event that one or more of these Terms and Conditions is found to  be unlawful, invalid or otherwise unenforceable, that / those provisions  shall be deemed severed from the remainder of these Terms and  Conditions (which shall remain valid and enforceable). 

  1. Law and Jurisdiction 

11.1 These Terms and Conditions (including any non-contractual  matters and obligations arising therefrom or associated therewith) shall  be governed by, and construed in accordance with, the laws of England  and Wales. 

11.2 Any dispute, controversy, proceedings or claim between the Seller  and the Buyer relating to these Terms and Conditions (including any  non-contractual matters and obligations arising therefrom or associated  therewith) shall fall within the jurisdiction of the courts of England and  Wales.