Terms and Conditions

Application and entire agreement

1. These Terms and Conditions apply to the provision of the services detailed in our  quotation (Services) by ClearSite Solutions Ltd a company registered in England and  Wales under number 07120841 whose registered office is at Office 12, BSS House,  Cheney Manor Industrial Estate, Swindon, SN2 2PJ (we or us) to the person buying the  services (you).

2. You are deemed to have accepted these Terms and Conditions when you accept our  quotation or from the date of any performance of the Services (whichever happens  earlier) and these Terms and Conditions and our quotation (the Contract) are the entire  agreement between us.

3. You acknowledge that you have not relied on any statement, promise or representation  made or given by or on our behalf. These Conditions apply to the Contract to the  exclusion of any other terms that you try to impose or incorporate, or which are implied  by trade, custom, practice or course of dealing.


4. A "business day" means any day other than a Saturday, Sunday or bank holiday.

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

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


7. We warrant that we will use reasonable care and skill in our performance of the  Services which will comply with the quotation, including any specification in all material  respects. We can make any changes to the Services which are necessary to comply  with any applicable law or safety requirement, and we will notify you if this is necessary.

8. We will use our reasonable endeavours to complete the performance of the Services  within the time agreed or as set out in the quotation; however, time shall not be of the  essence in the performance of our obligations.

9. Please note the following qualifications unless otherwise stated:

  • We have made due allowance for skips and removal of waste from site. 
  • We have assumed the use of 40yrd Roll on Roll off skips unless otherwise stated.
  • We have included the salvaging of materials where possible.
  • We have allowed the segregation of all materials where possible.
  • We have made no allowance for any asbestos testing or removal.
  • We have made no allowance for any making good.
  • We have assumed the main contractor to highlight any live services within the  building – Clearsite will not be responsible for the accidental removal of any live  services. Although every due care and attention will be carried out
  • We have made no allowance to remove any wall plugs or prepare any walls ready for  decoration.
  • We have assumed stud walls to be demolished are of single plasterboard  construction.
  • Please allow a 20% increase in rates for each additional layer of plasterboard or ply associated with any stud wall removal.
  • We have made no allowance for the vacuuming of any working areas.
  • Quotation is based on the working hours, Monday – Friday (07:00-17:30).
  • We have assumed all works to be undertaken in one phased visit.
  • Day rate per day/per person if the client stops us due to noise, dust or any other  delays to our work that are beyond our control.
  • We have made no allowance for any dust suppression or extraction.
  • We have made no allowance for any Floor/Wall/Door/Window or Staircase  protection.
  • We have made no allowance for any isolations, this includes smoke alarms, prior to  starting on site.
  • We have made no allowance for any draining down or de-gassing of any services.
  • We have made an allowance to remove 1 layer of floor/wall coverings.
  • We have made no allowance to remove any floor/wall adhesives.
  • Our quotation price is subject to VAT at 20%.
  • All our prices are net of discount.
  • No retention on strip out/demolition work.
  • Our quotation is based on a full site survey if applicable.
  • Payment terms are 30 days from date of invoice unless otherwise agreed.

10. All of these Terms and Conditions apply to the supply of any goods as well as Services  unless we specify otherwise.

Your obligations

11. You must obtain any permissions, consents, licences or otherwise that we need and  must give us with access to any and all relevant information, materials, properties and  any other matters which we need to provide the Services.

12. If you do not comply with clause 10, we can terminate the Services.

13. We are not liable for any delay or failure to provide the Services if this is caused by  your failure to comply with the provisions of this section (Your obligations).


14. The fees (Fees) for the Services are set out in the quotation and are on a time and  materials basis.

15. In addition to the Fees, we can recover from you a) reasonable incidental expenses  including, but not limited to, travelling expenses, hotel costs, subsistence and any  associated expenses, b) the cost of services provided by third parties and required by  us for the performance of the Services, and c) the cost of any materials required for the  provision of the Services.

16. You must pay us for any additional services provided by us that are not specified in the  quotation in accordance with our then current, applicable daily or quantity rate in effect  at the time of performance or such other rate as may be agreed between us. The  provisions of clause 14 also apply to these additional services.

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

Cancellation and amendment

18. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if  the Services have not started, within a period of 15 days from the date of the quotation,  (unless the quotation has been withdrawn).

19. Either we or you can cancel an order for any reason prior to your acceptance (or  rejection) of the quotation.

20. If you want to amend any details of the Services, you must tell us in writing as soon as  possible. We will use reasonable endeavours to make any required changes and  additional costs will be included in the Fees and invoiced to you.

21. If, due to circumstances beyond our control, including those set out in the clause below  (Circumstances beyond a party's control), we have to make any change in the  Services or how they are provided, we will notify you immediately. We will use  reasonable endeavours to keep any such changes to a minimum.


22. We will invoice you for payment of the Fees either: 

a. when we have completed the Services; or

b. on the invoice dates set out in the quotation.

23. You must pay the Fees due within 30 days of the date of our invoice or otherwise in  accordance with any credit terms agreed between us.

24. Time for payment shall be of the essence of the Contract.

25. Without limiting any other right or remedy we have for statutory interest, if you do not  pay within the period set out above, we will charge you interest at the rate of 5% per  annum above the base lending rate of the Bank of England from time to time on the  amount outstanding until payment is received in full.

26. All payments due under these Terms and Conditions must be made in full without any  deduction or withholding except as required by law and neither of us can assert any  credit, set-off or counterclaim against the other in order to justify withholding payment of  any such amount in whole or in part.

27. If you do not pay within the period set out above, we can suspend any further provision  of the Services and cancel any future services which have been ordered by, or  otherwise arranged with, you.

28. Receipts for payment will be issued by us only at your request.

29. All payments must be made in British Pounds unless otherwise agreed in writing  between us.

Sub-Contracting and assignment

30. We can at any time assign, transfer, charge, subcontract or deal in any other manner  with all or any of our rights under these Terms and Conditions and can subcontract or  delegate in any manner any or all of our obligations to any third party.

31. You must not, without our prior written consent, assign, transfer, charge, subcontract  or deal in any other manner with all or any of your rights or obligations under these  Terms and Conditions.


32. We can terminate the provision of the Services immediately if you: 

a. commit a material breach of your obligations under these Terms and Conditions; or

b. fail to make pay any amount due under the Contract on the due date for payment; or

c. are or become or, in our reasonable opinion, are about to become, the subject of a  bankruptcy order or take advantage of any other statutory provision for the relief of  insolvent debtor; or

d. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any  other scheme or arrangement is made with its creditors; or

e. convene any meeting of your creditors, enter into voluntary or compulsory liquidation,  have a receiver, manager, administrator or administrative receiver appointed in respect  of your assets or undertakings or any part of them, any documents are filed with the  court for the appointment of an administrator in respect of you, notice of intention to  appoint an administrator is given by you or any of your directors or by a qualifying  floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act  1986), a resolution is passed or petition presented to any court for your winding up or  for the granting of an administration order in respect of you, or any proceedings are  commenced relating to your insolvency or possible insolvency.

Intellectual property

33. We reserve all copyright and any other intellectual property rights which may subsist in  any goods supplied in connection with the provision of the Services. We reserve the  right to take any appropriate action to restrain or prevent the infringement of such  intellectual property rights.

Liability and indemnity

34. Our liability under these Terms and Conditions, and in breach of statutory duty, and in  tort or misrepresentation or otherwise, shall be limited as set out in this clause.

35. The total amount of our liability is limited to the total amount of Fees payable by you  under the Contract.

36. We are not liable (whether caused by our employees, agents or otherwise) in  connection with our provision of the Services or the performance of any of our other  obligations under these Terms and Conditions or the quotation for: 

a. any indirect, special or consequential loss, damage, costs, or expenses or;

b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of  reputation or goodwill; business interruption; or, other third party claims; or

c. any failure to perform any of our obligations if such delay or failure is due to any cause  beyond our reasonable control; or

d. any losses caused directly or indirectly by any failure or your breach in relation to your  obligations; or

e. any losses arising directly or indirectly from the choice of Services and how they will  meet your requirements or your use of the Services or any goods supplied in  connection with the Services.

37. You must indemnify us against all damages, costs, claims and expenses suffered by  us arising from any loss or damage to any equipment (including that belonging to third  parties) caused by you or your agents or employees.

38. Nothing in these Terms and Conditions shall limit or exclude our liability for death or  personal injury caused by our negligence, or for any fraudulent misrepresentation, or for  any other matters for which it would be unlawful to exclude or limit liability.

Circumstances beyond a party's control

39. Neither of us is liable for any failure or delay in performing our 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, snow, storms, earthquakes, acts  of terrorism, acts of war, governmental action or any other event that is beyond the  control of the party in question. If the delay continues for a period of 90 days, either of  us may terminate or cancel the Services to be carried out under these Terms and  Conditions.


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

41. 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.

42. All notices under these Terms and Conditions must be addressed to the most recent  address, email address or fax number notified to the other party.

No waiver

43. No delay, act or omission by a party in exercising any right or remedy will be deemed a  waiver of that, or any other, right or remedy nor stop further exercise of any other right,  or remedy.


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

Law and jurisdiction

45. These Terms and Conditions are governed by and interpreted according to English  law. All disputes arising under these Terms and Conditions are subject to the exclusive  jurisdiction of the English courts.