Terms of Service

The terms of service here outline the mutual responsibilities and expectations of both the contractor and the client throughout the project. These terms typically include details on project scope, payment schedules, timelines for completion, and procedures for handling changes or disputes that may arise during construction. Additionally, they cover liability and insurance provisions to protect both parties, ensuring that the contractor meets all regulatory requirements and standards. By establishing clear guidelines, the terms of service aim to foster a transparent working relationship, minimizing misunderstandings and ensuring that the project is completed efficiently and to the satisfaction of all involved.

definitions

In this document the following words shall have the following meanings:

  • "Client" refers to person who hires Giant’s Causeway to complete a project or renovation.

  • "Services" means the work and materials to complete a project for the client by the contractor.

  • "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, know- how and all other forms of intellectual property wherever in the world enforceable.

  • "List Price" means the list of prices of the services maintained by the Seller as amended from time to time.

  • "Contractor" refers to Giant’s Causeway as a company and its representatives.

General

These Terms and Conditions shall apply to all contracts for the sale of services by the contractor to the client to the exclusion of all other terms and conditions referred to, offered or relied on by the client whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the client, unless the client specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the contractor in writing. 

Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the contractor.

01. price and payment

The price shall be that in the contractor’s current list price, or such other price as the parties may agree in writing. The price is exclusive of sales tax or any other applicable costs.

The contractor shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at an agreed rate per annum.

If payment of the price or any part thereof is not made by the due date, the contractor shall be entitled to:

  • require payment in advance of delivery in relation to any services not previously delivered.

  • refuse to make delivery of any undelivered materials whether ordered under the contract or not and without incurring any liability whatever to the client for non-delivery or any delay in delivery.

  • terminate the contract.

02. Description

Any description given or applied to the services is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the client hereby affirms that it does not in any way rely on any description when entering into the contract.

03. sample

Where a sample of the materials is shown to and inspected by the client, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the client to judge for itself the quality of the materials, and so as to constitute a sale by sample.

04. Delivery

Unless otherwise agreed in writing, delivery of the services shall take place at the address specified by the client on the date specified by the contractor. The client shall make all arrangements necessary to take delivery of the materials and services whenever they are tendered for delivery.

The date of delivery specified by the contractor is an estimate only. Time for delivery shall not be of the essence of the contract.

 If the contractor is unable to deliver the services/materials for reasons beyond its control, then the contractor shall be entitled to place the materials in storage until such times as delivery may be affected and the client shall be liable for any expense associated with such storage.

The client shall be entitled to replacement materials where the materials have been damaged during transportation. The client must notify the contractor of the damage within 24 hours of delivery.

 05. risk

Risk in the materials shall pass to the client at the moment the materials are dispatched from the contractor’s premises. Where the client chooses to collect the materials itself, risk will pass when the materials are entrusted to it or set aside for its collection, whichever happens first.

06. Title

Title in the materials shall not pass to the client until the contractor has been paid in full for the materials and services.

07. warranty

Where the materials have been manufactured by the contractor and are found to be defective, the contractor shall repair, or in its sole discretion, replace defective materials free of charge within [WARRANTY PERIOD] from the date of delivery, subject to the following conditions:

  •  the client notifying the contractor in writing immediately upon the defect becoming apparent.

  •  the defect being due to the faulty design, materials or workmanship of the contractor.

Any materials to be repaired or replaced shall be returned to the contractor at the client’s expense, if so requested by the contractor.

Where the materials have been manufactured and supplied to the contractor by a third party, any warranty granted to the contractor in respect of the materials shall be passed on to the client.

The contractor shall be entitled in its absolute discretion to refund the price of the defective materials in the event that such price has already been paid.

The remedies contained in this Clause are without prejudice to the other Terms and Conditions herein, including, but without limitation, Clauses 08 and 09 below.

08. Liability

No liability of any nature shall be incurred or accepted by the contractor in respect of any representation made by the contractor, or on its behalf, to the client, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:

  •  the correspondence of the materials/services with any description.

  •  the quality of the materials/services; or

  •  the fitness of the materials/services for any purpose whatsoever.

No liability of any nature shall be accepted by the contractor to the client in respect of any express term of this contract where such term relates in any way to:

  • the correspondence of the materials/services with any description;

  •  the quality of the materials/services; or

  •  the fitness of the materials/services for any purpose whatsoever.

All implied terms, conditions or warranties as to the correspondence of the materials/services to any description or the satisfactory quality of the materials/services or the fitness of the materials/services for any purpose whatsoever (whether made known to the client or not) are hereby excluded from the contract.

09. Limitation of Liability

Where any court or arbitrator determines that any part of Clause 08 above is, for whatever reason, unenforceable, the contractor shall be liable for all loss or damage suffered by the client but in an amount not exceeding the contract price.

Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the contractor for death or personal injury as a result of the contractor’s negligence or that of its employees or agents.

10. Intellectual Property Rights

All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the contractor, and the client shall do all that is reasonably necessary to ensure that such rights vest in the contractor by the execution of appropriate instruments or the making of agreements with third parties.

11. Force Majeure

The contractor shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the contractor shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the contractor considers unreasonable, it may, without liability on its part, terminate the contract.

12. RELATIONSHIP OF PARTIES

Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.

13. aSSIGNMENT AND SUB-CONTRACTING

The contract between the client and contractor for the sale of materials/services shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the client, without the prior written consent of the contractor.

14. WAIVER

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

15. SEVERABILITY

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

16. GOVERNING LAW AND JURISDICTION

 This Agreement shall be governed by and construed in accordance with the law of the United States of America and the parties hereby submit to the exclusive jurisdiction of the State of Florida courts.