Terms and Conditions
1.1. References to any statutory provision, authority, rule or code of practice shall be deemed to include the amended versions, replacements or successors of such.
2. Relationship between the Parties
2.1. The Client engages Kibitec Ltd to provide the services specified in the quotation and attached schedules and scope of works.
2.2. No term of this agreement or course of dealings between the parties shall operate to make Kibitec Ltd an employee or agent of the Client.
2.2. Neither party shall assign or transfer any of their rights, liabilities or obligations arising under this agreement without the prior written consent of the other party.
3. The Quotation
3.1. Kibitec Ltd shall provide to the Client a proposal for the services to be provided (“the Quotation”) which shall set out:
3.1.1 The services which Kibitec Ltd will undertake for the Client.
3.1.2 The date or time period within which the service will be performed.
3.1.3 The prices which the Client shall be charged for the performance of the services including:
a. Any fees which Kibitec Ltd shall charge.
b. Any disbursements or expenses which Kibitec Ltd will require the Client to meet (including but not limited to the prices of materials).
c. Any VAT or tax element which will be payable by the Client.
3.2. Where a contract is entered into between Kibitec Ltd and the Client, the Client will be deemed to have accepted the content of the Quotation in full.
4. The Services and the Time and Manner of their Delivery
4.1. Kibitec Ltd will provide such services to the Client as are set out in the Quotation.
4.2. The services will be provided to the Client within the timeframe specified in the Quotation.
4.3. Time frames and dates of delivery are provided for guidance only and Kibitec Ltd makes no guarantee that the services will be performed within the specified period. For the purposes of this agreement, time shall not be of the essence and Kibitec Ltd shall not be liable for any loss or damage suffered by the Client as a result of the delivery of services being delayed or postponed for any reason.
5.1. The contract price is set out in the Quotation, which includes details of the charges which Kibitec Ltd will make for labor, materials and plant as well as any taxes or additional costs or expenses or disbursements which Kibitec Ltd may charge to the Client.
5.2. The intervals at which Kibitec Ltd may invoice the Client in respect of the whole or an instalment of the contract price are set out in the Quotation.
5.3. Notwithstanding 5.1 and 5.2 above, Kibitec Ltd may vary the contract price from the amount set out in the Quotation where he has provided services which are different or in addition to those set out in the Quotation either at the specific request of the Client or because he has been required to complete additional work which was not anticipated at the time the Quotation was made, or because of market fluctuations in the price of materials.
5.4. The Client agrees:
5.4.1 Not to withhold any sums due to Kibitec Ltd.
5.4.2 To settle all invoices raised by Kibitec Ltd within 7 days.
5.4.3 To pay to Kibitec Ltd interest at a rate of 8% points per annum above the Bank Of Valletta base rate on any payments which are not settled in accordance with section.
5.4.4 To pay to Kibitec Ltd such costs and expenses as he may incur in recovering payment from the Client where the Client fails to make payment in accordance with these terms and conditions.
6. Payment Conditions
6.1 All fees quoted exclude VAT, Local Authority Fees, other Professional Fees, and disbursements.
6.2 Invoices will be issued as per payment plan and payable on presentation of invoice. We allow 7 days in which to settle the outstanding amount from the date of invoice.
6.3 Should there be a query on a particular invoice please raise this prior to the invoice becoming overdue.
6.4 Kibitec Ltd reserve the right to cease work on a project and/or terminate the contract should there be a delay in payment. Payment for subsequent stages may also be requested in advance. Work on overdue accounts may be suspended without notice at the sole discretion of Kibitec Ltd.
6.5 Kibitec Ltd shall not be responsible for any delays caused by late payments, nor for any damages arising therefrom.
6.6 Interest on overdue accounts shall be charged at prime + 8%. Should legal action be necessary, all legal costs
incurred in recovering debts which include attorney/client and attorney/attorney costs will be for the client’s account.
In accordance with the Cancellation of Contracts Made in a Consumer’s Home or Place of Work Regulations the Client may cancel this contract within 7 calendar days of signing this agreement (or within whatever extended period Kibitec Ltd may specify in the Quotation) and shall be entitled to a full refund of any monies paid to Kibitec Ltd, less an amount representing any reasonable administration costs which Kibitec Ltd has incurred. Any cancellation outside this period will not entitle the Client to a refund of any monies paid.
Either party may give notice at any time of the intention to refer a dispute or difference to an adjudicator. Referral of the dispute to such adjudicator shall be made within seven days of such notice. The parties may agree who shall act as adjudicator or, the adjudicator shall be a person nominated at the request of either party by the nominators specified in the Scheme for Construction Contracts Regulations.