1: Our Philosophy

Our focus is to provide customers with complete satisfaction, we have undertaken projects for hundreds of clients and always aim to deliver a first rate service. The goal of MTA London Construction Ltd is to complete the highest standards of workmanship whilst still providing excellent value for money.

2: Obligations

Subject to the conditions set out in these terms MTA LC Ltd ('the Company') shall undertake the agreed works ('the Works') as specified in the Company's estimate, e-mails and / or any other written communication methods which have been used.

3: Trading hours

Unless stated otherwise, the normal working hours of the MTA LC Ltd are:

Monday to Friday 8.00 am. until 17.00 pm
Saturday 8.00am until 15.00pm
Excluding: Sundays and Bank Holidays when no work is carried out, unless agreed with the Customer in advance.

MTA LC Ltd registered office address is: 59 Empire Road, London, UB6 7EJ.

4: Method of Work

(a) MTA LC Ltd will always aim to work in a tidy, careful and efficient way providing dust covers for furniture and floors and attempt to limit the level of dust and debris as far as possible, but the Customer must accept a certain amount of inconvenience whilst the Works are in progress. The Company advises the Customer wherever possible to remove valuable items (including antiques) from the Premises.

(b) The Company is fully insured for Public Liability claims up to £5,000,000

5: Additional Costs

The Customer shall accept that additional unforeseen costs can occur which exceed that which have been estimated, and in particular as a result of concealed problem areas out of the line of sight such as defective joists and damaged pipe work, in the event of this occurring the Company shall inform the Customer of these immediately after they have been identified.

6: Liaison

Where applicable the Company shall use its reasonable endeavours to make contact with any Residents Associations or similar, and where possible comply with any 'housing' regulations but reserves the right to make an additional charge if these regulations require additional work on its part.

7: Charges

(a) As a result of the Company progressing through the Works, the Customer shall pay to the Company the amount of its charges as follows:

(i) according to the Company's payment Schedule as stated in the Estimate.

(ii) the total balance on completion.

(b) The Company's charges shall include the cost in respect of work only. The Customer shall bear the cost for any items, parts or materials required by the Company.

(c)(i) Completion shall mean completion of the Works in relation to the agreed Estimate. If the Company voluntarily agrees to undertake any snagging works this does not render Completion to have been delayed, and the Customer shall not be entitled to claim that Completion has not occurred for this reason.

(ii) The Customer shall allow the Company access to the Property at all times to carry out the Works, if the Customer denies access the Company will be entitled to state that Completion has taken place and the Customer will be liable to pay to the Company the total outstanding amount of the Company's charges.

(d) Payment of any Invoice issued by the Company shall be made by the Customer in full without withholding on any account whatsoever within seven days from the date of Invoice together with Value Added Tax at the appropriate rate current on the date of the tax point therein specified. If a sum for the time being due to the Company is not paid on the due date for payment, the Customer will from time to time pay to the Company on demand interest on the unpaid balance for the period beginning on the due date for payment and ending on the date of receipt of funds at the rate (as well after as before judgment) of 4% above the base rate of HSBC Bank PLC. for the time being and from time to time during that period.

(e) In the absence of any specific estimate the Company shall charge at the hourly rate of £43 including travelling time together with VAT thereon.

8: Supply

The Company agrees to supply materials required for the completion of the Works in accordance with any previous written quotation. In the event of the Customer self supplying items e.g. wooden floors, ceramic tiles, sanitary appliances, kitchens, fittings etc. the Company has no control on missing parts of items supplied by the Customer for installation even in the case of the item(s) being signed for by the Company representative in the course of delivery. Any warranty supplied by the Company is for the installation and the supply of products by the Company only and does not cover third party items supplied by the Customer for mail order or other means. In the event of missing parts the Company will advise the Customer of this as soon as it can and in the event these parts are not available the Company reserves the right to charge for missing components as required

9: Client Responsibility

Prior to work commencing the Company will discuss the Works with the Customer. This includes colour coordination, tiling, designs and the like. The Company offers a professional advice on the best solutions, however the decision is always the Customers ultimately and the Company will work to the Customers specifications in any event. In the case the Customer revises his requirements prior to the Works being completed the Company may levy an additional charge for items as required or additional time on the project.

10: Force Majeure

The Company shall be released from its obligations in the event of national emergency war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the Company renders the performance of the Company's obligations impossible whereupon all money due under this Agreement shall be paid immediately and in particular the Customer shall immediately pay to the Company all arrears of charges then owing to the Company.

11: Method of Works

The Company will aim to complete the Works to the highest standards, working to the Customer's specifications as much as possible. The following sub-clauses are examples of the processes and procedures we perform. For example:

(a) Filling and painting: sanding and painting walls and ceiling, handling small cracks caused by nails and hooks and the like. Application of 3 coats of paint to the area to be painted advising on any potential or actual issues accordingly.

(b) Wallpapering / Stripping / Lining: The Company strips and wallpapers the prepared walls using filler as required.

(c) The Company will plaster the walls as necessary and advise on any imperfections found in condition of walls, potential dangers, hazards etc. and advise if additional work may be required which may result in additional costs. The Company plasters walls with cement and a coat of bonding if necessary with a coat of multi finish applied for a smooth surface.

(d) Varnish wood work floors and banisters (or any natural wood surface): The Company aims to match the colour(s) of the wood being varnished, however the Company is not responsible for colour matching not being 100% but will always aim for this - due to absorbency and the texture of the wood, a perfect match is never guaranteed.

(e) Flooring: The Company will remove carpet / wood flooring and install the required surface as instructed by the Customer subject to the strength of the existing floor base. In the event of problems detected with the surface where the floor will be laid, the Company will advise the Customer on this and the subsequent costs involved with repair as required.

12: (a) Summary Termination

(i) If the Customer defaults in the performance of any obligations herein undertaken by it including non payment of the Company's charges and such default continues for 7 days after the Company requires the Customer to remedy the same or

(ii) The Customer becomes insolvent within the meaning of the Insolvency Legislation of the United Kingdom or

(iii) If in the sole opinion of the Company the Customer places unreasonable demands on the Company then in any such event

the Company may (without prejudice to any other right, powers or remedies it may have by law in respect thereof) by notice to the Customer declare that the Company shall be under no further obligation hereunder to carry out the Works and terminate any Agreement between the Company and the Customer.

(b) Any termination of this Agreement shall be without prejudice to any rights of the Company which accrues or arises out of an event or events occurring prior to the date upon which the Notice of Termination takes effect.

13: Indemnity

The Customer shall indemnify the Company and hold it harmless from all costs, claims, expenses and liabilities suffered or incurred by the Company in consequence of or connection with any loss of or damage to the property of the Company its officers, servants, employees or agents or any death of injury to any Officer, Servant, Employee or Agent of the Company occurring whilst such Property, Officer, Servant, Employee or Agent is on the Premises in connection with the Works

14: No Liability for Third Parties

(a) The Company shall not be liable in the event that any Contractor brought in by the Customer causes the Works to be delayed or amended as a result of fault on the Contractor's part in which case the Customer shall be liable to pay an additional charge to the Company in respect of any further works required to be effected as a result.

(b) The Company shall be entitled to make an extra charge:-

(i) if the Customer's Insurers require any additional works to be effected to the premises of the Customer and/or

(ii) any items supplied by the Customer or its Contractors are missing or defective or do not arrive on time.

(iii) The Customer changes its mind about previously agreed colour schemes, tiling designs and the like.

(iv) The Customer does not pay on time.

15: Exclusion

The Company's total liability to the Customer whether in contract, tort or otherwise in respect of its obligations and liabilities under this Agreement shall not under any circumstances exceed the Contract Price for the Works and is in lieu of and excludes all other conditions and warranties implied by Statute Law or otherwise subject to any statutory provision to the contrary and in particular the Company expressly disclaims all warranties, conditions and other terms of any kind whether express or implied including but not limited to any implied term of merchantability, satisfactory quality or fitness for a particular purpose and shall not be liable for special indirect or consequential or incidental damages, or damages for lost profits, loss of revenue or loss of use arising out of or related in any way to the Works.

16: Whole Agreement

The Customer acknowledges that it has not entered into this Agreement in reliance upon any representation whether written or oral made by or on behalf of the Company. This Agreement will constitute the whole Agreement between the Company and the Customer as regards the Works and any prior agreement or understanding of the parties hereto in respect of the same is hereby superseded.

17: Headings

Headings contained in this agreement are for reference purposes only and should not be incorporated into this Agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.

18: Joint and Several

All agreements on the part of either of the parties which comprise more than one person or entity shall be joint and several and the neuter singular gender throughout this agreement shall include all genders and the plural and the successor in title to the parties.

19: Proper Law and Jurisdiction

(a) This agreement shall be governed by English law in every particular including formation and interpretation.

(b) Any proceedings arising in of or in connection with this Agreement may be brought in any court of competent jurisdiction in London.

(c) The submission by the parties to such jurisdiction shall not limit the right of the Company to commence any proceedings arising out of this Agreement in any other jurisdiction it may consider appropriate

(d) Any notice of proceedings or other notices in connection with or which would give effect to any such proceedings may without prejudice to any other method of service be served on any party in accordance with Clause 18.

20: Notices

(a) Any Notice to be given either by the Company or by the Customer shall if given by the Company be served by Recorded Delivery or registered mail to the home address of the Customer and if given by the Customer be sent by first class mail to the trading address of the Company as well as a further copy to the Registered Office of the Company (if different).

(b) Any Notice shall be deemed served 72 hours after proof of posting.

21: Rights Cumulative

All rights granted to either of the parties shall be cumulative and no exercise by either of the parties of any right under this Agreement shall restrict or prejudice the exercise of any other right granted by this Agreement or otherwise available to it.

22: Survival of Terms

If any provisions of this Agreement is found by a Court of competent jurisdiction to be invalid the parties nevertheless agree that the Court shall endeavour to give effect to the parties' intentions as reflected in these provisions and that the other provisions in these Terms shall remain in full force and effect

23: Waiver

The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement.

24: Status of Company

(a) The Company is an independent contractor and not the servant of the Customer

(b) Whilst the Company shall endeavour to cooperate wherever possible with the wishes of the Customer, the Company ultimately shall not be subject to directions from the Customer? as to the manner in which it shall perform the Works.