KIM Construction and Development is a registered company in England and Wales under company number 14164014. Our trading address is: Suite 3851, Unit 3A, 34-35 Hatton Garden, Holborn, London ,EC1N 8DX.

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By agreeing to any quote order with KIM Construction and Development Ltd, you automatically accept our comprehensive terms and conditions outlined below.

If you have any inquiries about our terms and conditions before proceeding with an order, please feel free to contact us via email at:

enquiries@kim-construction.co.uk

1. Understanding these terms and conditions:
1.1 These terms and conditions (Terms and Conditions) set out the terms on which we agree to provide all property maintenance, construction projects and ancillary services to you (Services). The services may be either: (i) emergency services, where you require us to perform the Services urgently, for example in the case of a water leak that is causing damage to your property and which you request that we repair immediately (emergency services); or (ii) scheduled services where you require us to perform non-urgent services, for example if you need us to install garden fence that (scheduled services).
1.2 When certain words and phrases are used in these terms and conditions, they have specific meanings (these are known as ‘defined terms’). you can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
1.3.1 if you are a consumer, the individual using the Services for a purpose that is wholly or mainly outside of their trade, business, craft, or profession; and
1.3.2 if you are not a consumer: (i) the business that you have the authority to bind; or (ii) the individual using the Services for purposes that are not wholly or mainly outside of their trade, business, craft, or profession (in each case a ‘Business’).
 

2. The Order Process:

2.1 Orders for Services with KIM Construction and Development can be made either by email or by phone. The ordering process is outlined as follows:

2.1.1 You shall: (a) Call us and follow the instructions provided by the telephone operator, or (b) Email us your inquiry, using the contact details specified in clause 12. This initiates the arrangement of a convenient time for us to visit the premises at which you wish us to perform the Services ('Premises') to conduct an inspection of the Premises and assess the required Services ('inspection').

2.1.2 Once the date and time of the inspection are confirmed, we will email you to confirm the details of the inspection.

2.1.3 Upon completion of the work, you have the right to dispute the work within 14 days from the date the service was provided. Failure to dispute within this timeframe means we will not be liable for the disputed work. If disputed within 14 days, you must provide images/details of the reported fault and grant us access to return within 3 working days. Upon our return and rectification of the disputed work, if proven, the invoice becomes payable in full. Choosing not to grant us the right to return and rectify the disputed work makes you liable for the full invoice amount. Failure to pay the invoice gives us the right to take legal action and recover legal costs under EU rules.

2.1.4 The Contract becomes binding upon your acceptance of the Quotation (confirmed via email or phone).

2.1.5 KIM Construction and Development have the right to deduct up to seventy-five percent for loss and damages if the work standard is unsatisfactory. Additionally, KIM Construction and Development have the right to cancel the full invoice.

2.1.6 KIM Construction and Development remains the legal owner of materials supplied and installed on the Customer's property (Site address) until payment is made in full.

2.1.7 KIM Construction and Development reserves the right to remove its goods and pursue legal proceedings if payment is not made in full.

2.2 These Terms and Conditions, along with the Quotation, will be incorporated into the Contract between you and KIM Construction and Development regarding the Services.

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3.Cancelling your Order:

3.1 This provision, Clause 3, exclusively pertains to you if you are a consumer.

3.2 As a consumer engaging with KIM Construction and Development, you are granted a legal entitlement to reconsider and cancel the Contract within 7 days of finalizing your order, devoid of the obligation to provide a reason. This entitlement, rooted in the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013, is elaborated upon below. Notably, this right to reconsider does not extend to any Emergency Services acquired from us (i.e., urgently requested Services).

3.3 The cancellation period spans 7 days from the day on which the Contract is formalized, as elucidated in Clause 2.2 above.

3.4 Should you wish for us to initiate the provision of any Services during this cancellation period, a clear request from you to do so is imperative.

3.5 To effect the right to cancel, communicate your decision by making a clear statement (e.g., a letter sent by post, email, or a telephone call) to notify KIM Construction and Development. The simplest way to initiate this process is by contacting our customer service team, the contact details for which can be found in Clause 12. While you have the option to use the model cancellation form provided below, it is not obligatory:

Model Cancellation Form To: Email Address: I/We () hereby give notice that I/We() cancel from my/our () contract of sale of the following goods ()/ for the provision of the following service (), ordered on ()/ received on () Name of consumer(s), Address of consumer(s), Signature of consumer (only if this form is notified on paper), Date () Please delete if not applicable.

3.6 To meet the cancellation deadline, it suffices for you to dispatch your communication indicating the exercise of your right to cancel before the expiration of the cancellation period.

3.7 An acknowledgment of receipt of your notice to cancel will be sent to you by email.

3.8 In the event of Contract cancellation with KIM Construction and Development, you remain liable for the payment of any Services performed before you notify us of your intention to cancel. This includes the cost of any parts for which we placed orders on your behalf. If the Services have been fully performed before you cancel the Contract, you will be responsible for paying the entire cost of the Services.

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4. Charges and Payment:
4.1 The pricing structure for the Services shall be as detailed in the Quotation, encompassing any applicable VAT or analogous sales, turnover, or consumption taxes (referred to as the "Charges").

4.2 It is plausible that, subsequent to the initiation of the Services, we may ascertain that: (i) additional work beyond that outlined in the Quotation is necessary; and/or (ii) further parts are essential to the completion of the relevant Services. In such instances, we will seek your consent before incurring additional charges. If consent is not granted, we retain the entitlement to terminate the Services immediately. In this scenario, you will only be obligated to remit charges for the Services delivered up to the date of Termination.

4.3 Unless an alternative arrangement has been agreed upon, we shall issue an invoice for the Charges upon the conclusion of the Services. Payment of the Charges is due in full upon presentation of our invoice or, for Business customers (where such an agreement has been reached prior to the commencement of the Services), within 30 calendar days of receiving the invoice. Adherence to the payment instructions enclosed with the invoice is imperative.

4.4 All amounts owed under the contract shall be settled in full by you without any deduction or withholding, except as mandated or permitted by law.

4.5 For Business entities, without restricting our other rights or remedies, we retain the prerogative to offset any outstanding amounts owed to us by you against any amounts payable by us to you.

4.6 Returned cheques will incur a processing and administration charge of £25.

4.7 KIM Construction and Development retains legal ownership of materials supplied and installed on the Customer's property (Site address) until payment is made in full.

4.8 KIM Construction and Development reserves the right to retrieve its goods and initiate legal proceedings if payment is not settled in full.

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5. Your Obligations:

5.1 Your responsibilities under this Clause 5 are outlined as follows:

5.1.1 KIM Construction and Development provides a complimentary quote and under our SLA unless the work order instructs water/gas leak repair, electrical issues, drainage problems, or any emergency issue posing a threat to property or occupants.

5.1.2 Grant safe and unobstructed access to the Premises, allowing us to fulfill the Services and other contractual obligations.

5.1.3 Offer our personnel sufficient safe working space, facilities, and clear access to drains, sewers, inspection covers, and manholes to facilitate the Services.

5.1.4 Provide, if feasible, a plan illustrating the layouts of the Premises.

5.1.5 Supply all necessary power and a clean water supply from the mains or fire hydrant to facilitate the Services.

5.1.6 At your expense, obtain all required consents for the Services, including building regulation and planning consents, consents from landlords, neighbors, and mortgagees. This includes consents for our representatives to cross third-party land if necessary for the completion of the Services.

5.1.7 Before commencing the Services, inform us of any dangerous gases, liquids, or materials present on the Premises that could pose a danger to our representatives. This enables us to conduct a risk assessment.

5.2 In addition, if you are a Business, you must:

5.2.1 Provide additional labor, such as security personnel or staff to assist with site clearance for the Services. This additional labor should be suitably qualified and experienced as required by us. You must also, at our request and cost, provide scaffolding, ladders, or other necessary equipment.

5.2.2 Make all necessary arrangements with the proper authorities for traffic controls and signals required during the Services.

5.3 Failure to grant access to the Premises for the arranged Services may result in additional charges for costs reasonably incurred by us. If, despite reasonable efforts, we are unable to contact you or rearrange access to the Premises, we may terminate the Contract per Clause 7.1.1, and Clause 7.2 will apply.

5.4 If we provide any products as part of the Services, you assume responsibility for them upon delivery to the Premises or another agreed-upon delivery point. Ownership transfers to you only upon full payment, except in cases of loss or damage caused by our breach of these Terms and Conditions or negligence.

5.5 Unless otherwise agreed in writing, you are responsible for removing all deposits extracted by us as a result of the Services from the Premises.

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6. Our Obligations:

6.1 KIM Construction and Development commits to providing the Services with due care and skill.

6.2 The initiation of the Services will commence on or around the date stipulated in the Quotation. The anticipated completion date for the Services is also specified in the Quotation. However, while we shall exercise reasonable care and skill in determining the dates for commencing and completing the Services, it is essential to acknowledge that these dates serve as estimates only.

6.3 Emergency Services may be conducted on a 24/7 basis. Scheduled Services, on the other hand, are typically carried out during standard working hours from 09:00 to 17:00. However, upon mutual agreement between you and KIM Construction and Development, or in the case of Emergency Services, we may consent to performing the Services outside of standard working hours.

6.4 It is important to note that we cannot provide a warranty for jobs executed under a temporary repair basis. We anticipate the Customer's approval of the estimate provided to facilitate our return to the site and the comprehensive completion of the work.

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7. Termination:

7.1 KIM Construction and Development retains the right to terminate the Contract under the following circumstances:

7.1.1 Immediate termination in the event of your breach of the Contract, which materially impacts our ability to perform the Services. If the breach is remediable, and you fail to rectify it within a reasonable timeframe as notified by us, termination may occur.

7.1.2 Termination as per Clause 4.2 or Clause 9.4, as outlined below.

7.2 In instances where we terminate the Contract under Clause 7.1, we commit to refunding any proportion of the Charges you have pre-paid for Services not yet performed. However, if termination results from the circumstances detailed in Clause 7.1.1, we reserve the right to deduct or charge reasonable compensation for the net costs incurred due to your breach in accordance with the Contract.

7.3 Upon expiration or termination of the Contract for any reason, you are obliged to promptly settle all outstanding and unpaid Charges to KIM Construction and Development.

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8. Your Personal information:
We exclusively utilize your personal information in adherence to our Privacy Notice, accessible at https://www.kim-construction.co.uk/privcy-policy. We urge you to dedicate time to peruse our Privacy Notice, as it encompasses vital information and terms that are applicable to you.

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9. Liability:

9.1 Nothing in these Terms and Conditions excludes or limits our or your liability for:

9.1.1 Death or personal injury caused by our/your (as applicable) negligence; 9.1.2 Fraud or fraudulent misrepresentation; and 9.1.3 Any matter in respect of which it would be unlawful for us/you (as applicable) to exclude or restrict liability.

9.2 If you are a consumer:

9.2.1 In the event that we fail to comply with these Terms and Conditions, we are responsible for the loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence. However, subject to clause 9.1, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time the Contract became binding.

9.2.2 Nothing in these Terms and Conditions affects your statutory rights. Information about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.

9.3 If you are a Business (subject to clause 9.1):

9.3.1 These Terms and Conditions replace all warranties, representations, conditions, terms, undertakings, and obligations implied by statute, common law, custom, trade usage, course of dealing, or otherwise (including implied undertakings of satisfactory quality, conformity with description, and reasonable fitness for purpose) relating to the Contract and/or the Services. All of these are hereby excluded by us to the maximum extent permitted by law.

9.3.2 Under no circumstances whatsoever will we be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms and Conditions or the Contract for: (i) any loss of profits, sales, business, or revenue; (ii) loss or corruption of data, information, or software; (iii) loss of business opportunity; (iv) loss of anticipated savings; (v) loss of goodwill; or (vi) any indirect or consequential loss.

9.3.3 Our total liability to you in respect of all other losses arising from or in connection with these Terms and Conditions or any Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the lower of £500 and the total Charges payable.

9.3.4 You shall indemnify us and keep us indemnified for any and all losses, expenses, and liabilities resulting from all claims, demands, liabilities, damages, costs, and expenses incurred by us or by any of our contractors, agents, employees, or affiliates, arising out of (i) your breach of these Terms and Conditions, and/or (ii) any third-party claims made against us arising out of the provision of the Services to you and/or our presence at the Premises, other than due to our breach of these Terms and Conditions or our negligence.

9.4 If our performance of the Services is delayed or otherwise hindered by an event outside our control, we will contact you as soon as possible to inform you, and we will take reasonable steps to minimize the effect of such delay or hindrance. Provided we do this, we will not be liable for delays or non-performance caused by the event. However, if there is a risk of substantial delay or hindrance to the Services, either of us may contact the other to end the Contract. In this case, you will only be required to pay the Charges in respect of the Services delivered up to the date of termination.

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10. Other Important Information:

10.1 Each provision of these Terms and Conditions operates independently. If any court or relevant authority determines that any provision is unlawful or unenforceable, the remaining provisions will remain in full force and effect.

10.2 Our failure to insist on your compliance with any of your obligations under these Terms and Conditions, or our decision not to enforce our rights against you, or any delay in doing so, does not constitute a waiver of our rights. Any waiver of a default by you will only be effective if provided in writing, and it does not automatically waive any subsequent defaults.

10.3 If you are a consumer:

10.3.1 We reserve the right to transfer our rights and obligations under any Contract to another organization. If such a transfer is contemplated, we will either: (a) inform you in writing, ensuring that the transfer does not impact your rights under the Contract; or (b) notify you of the replacement organization. If you are dissatisfied with the transfer, you may contact us to terminate the Contract within three working days of being informed, and we will refund any payments made in advance for Services not yet performed.

10.3.2 Each Contract is a legal agreement between you and us, and no other person has the right to enforce any of its terms.

10.4 If you are a Business:

10.4.1 The Contract constitutes the entire agreement between you and us, superseding all prior written or oral agreements and understandings regarding the subject matter of the Contract. Both parties acknowledge that, in entering into the Contract, neither has relied on any oral or written statements, collateral or other warranties, assurances, representations, or undertakings made by or on behalf of the other party, except as set out in the Contract. This provision does not exclude or limit liability for fraudulent misrepresentation.

10.4.2 Notices related to the Contract will be delivered either by email or by post. In the case of notices from us to you, we will use the contact details provided by you in making your order for the Services.

10.4.3 No person other than you or us, using the contact details set out in clause 12, has any rights under the Contracts (Rights of Third Parties) Act 1999.

10.4.4 You may not assign, novate, transfer, sublicense, declare a trust of, mortgage, charge, or deal in any other manner with your obligations under the Contract or any of its rights or obligations without our prior written consent.

10.4.5 We may assign, novate, or transfer any of our rights or obligations under the Contract to another legal entity by providing written notice to you.

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11. Governing Law and Jurisdiction:

11.1 These Terms and Conditions, as well as the Contract, are governed by English law. This means that your use of the Services and any dispute or claim arising out of or in connection with them will be subject to English law.

11.2 If you are a consumer:

11.2.1 You can initiate legal proceedings related to these Terms and Conditions in English courts. However, as a consumer, if you reside in Scotland, you have the option to bring legal proceedings in either the Scottish or English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or English courts. If you reside in another European Union Member State, you have the choice to bring legal proceedings in either the English courts or the courts of the Member State in which you reside.

11.2.2 You will still benefit from any mandatory provisions of the law in the country where you are a resident. Nothing in these Terms and Conditions, including clause 11.1, affects your rights as a consumer to rely on such mandatory provisions of local law.

11.3 If you are a Business, any dispute arising out of or in connection with these Terms and Conditions, the Contract, and/or the Services (whether contractual or non-contractual) will be exclusively referred to the jurisdiction of the English courts.

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12. Contacting Us:
Should you have any reasons for complaint, we will endeavour to resolve the issue and avoid any recurrence in the future. You can always contact us using the following details:

Address:

Suite 3851, Unit 3A, 34-35 Hatton Garden,

Holborn, London ,EC1N 8DX

E-mail:

enquiries@kim-construction.co.uk

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