The reference to the term “CLIENT” shall be used herein to describe a company, a business partnership, a private individual or a sole trader to which “AEM BUILDING AND CONSTRUCTION” directly provides its assistance, support and services.

THE PARTIES AGREE: to the following, which shall apply during the full term of this Client Agreement. This Client Agreement covers all Services the “CLIENT” has ordered or, agreed to verbally, by email, fax and text message whether for its own use or, for the use of its customers.
Please note that prior to commencement of any work “AEM BUILDING AND CONSTRUCTION” may need to get in touch with the Landlords, Managing Agents or Local Authority of the building to obtain the necessary consent for any alteration, building improvements and new builds.

All works to be carried out will be done with full consideration of other residents, nearby and within the premises and in accordance with the working hours as set down between the “CLIENT” and “AEM BUILDING AND CONSTRUCTION” In addition all public areas will be kept clean, tidy and safe and every day our builders/contractors will vacuum any dust created.

We “AEM BUILDING AND CONSTRUCTION” retain the right to accept or decline any orders/bookings for any work and/or related services. “AEM BUILDING AND CONSTRUCTION” and Associates may at our discretion (subject to notice) refuse to accept any order, or provide that acceptance subject to such conditions as imposed by “AEM BUILDING AND CONSTRUCTION.”
There is no charge for the initial site survey, including telephone estimates and drafting official quotations. Please do note that further inspections, additional surveys, investigations and drafting quotes are chargeable. N.B: One free site survey and estimate per property or client. For more details about current rates contact us below.
“AEM BUILDING AND CONSTRUCTION” shall issue an Invoice/Bill of Costs on completion of each assignment, project or build unless any other requirements or arrangements with the “CLIENT” are made in writing within three working days.

For any high volume or, complex work, this includes; on-going monthly assignments and lengthy projects for example, your Bill of Cost/Invoice will be generated on a weekly basis. Payments are due within seven days of the date of billing, however.

Overdue accounts will be subject to interest at 8% above Bank of England base rate in accordance with Late Payment of Commercial Debts (Interest) Act 1998, and a charge of £15.00 for each reminder that is sent after the due date. If we receive payments by cheque from “CLIENT” being refused by their bank, “CLIENT” will be responsible for all bank charges resulting from the returned cheque and, where applicable includes; late direct bank payments.

Payments made via PayPal from foreign “CLIENT” will be charged an additional 3% and credit/debit card payments will also incur an additional 4%.

If the “CLIENT” fails to make the payment in full on due date then, without prejudice to any other right or remedy available to us, our partners and contractors, “AEM BUILDING AND CONSTRUCTION” shall be entitled to cancel any Services and/or suspend any further works and Services arranged for the “CLIENT” and, in doing so, terminate the Client Agreement between “AEM BUILDING AND CONSTRUCTION” and “CLIENT”.
The “CLIENT” may/will be asked to pay a booking deposit in advance for works or services, including materials, fixtures and fittings in order to secure the appointment. All payments are due no later than three (3) working days before the start date.

The percentage (deposit) amount to be paid by the “CLIENT” will not exceed 50% of the total sum due, be subject to credit checks or rating, job value and mutual agreement. Any monies received by “AEM BUILDING AND CONSTRUCTION” will be noted on the payment schedule and a receipt issued usually within three working days. Any deposits paid by the “CLIENT” shall be deducted from the final price. All balances are due on date of completion.
The “CLIENT” may cancel a job booking at any time. However this must be within 14 calendar days of receiving the order or booking confirmation without providing a reason. If you do decide to cancel you are entitled to a full refund of the price paid. To cancel a booking confirmation, you must inform us by calling our helpline on 0203 4410238 or let us know of your decision to cancel the contract and/or the booking by emailing us at: info@aembuildingandconstruction.co.uk.

Should the job/work be suspended either by or at the request of the “CLIENT”, on the grounds of ill health, insufficient funding, external delays due to deliveries, and personal loses of any form “AEM BUILDING AND CONSTRUCTION” shall then be entitled to receive in full, or a percentage of job total or payment/fees agreed for work already carried out and/or pending, including cost for materials, fixtures and fittings. Cancellations and refunds in circumstances outside those described above and/or following the expiry of the 14-day cancellation period, are subject to the terms and conditions.

We “AEM BUILDING AND CONSTRUCTION” will make the reimbursement using the same means of payment as used by the “CLIENT” for the initial transaction, unless “CLIENT” have expressly agreed otherwise. In any event the “CLIENT” will not incur any fees as a result of this reimbursement.

If you request to begin the contract during the cancellation period (i.e. if the 14 day cancellation period commences), you must make an express request to do so in writing, e.g. by email and you agree to pay us an amount which is in proportion to what has been paid or agreed up until you have communicated to us your cancellation from this contract.
The contract between “CLIENT” and “AEM BUILDING AND CONSTRUCTION” is binding on you and us and on our respective successors and assigns.

The “CLIENT” may not transfer, assign, charge or otherwise dispose of a contract, or any rights or obligations arising under it, without prior written consent.

We “AEM BUILDING AND CONSTRUCTION” reserve the right and may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
“CLIENT” agrees to indemnify “AEM BUILDING AND CONSTRUCTION” and keep it indemnified from and against all expenses, costs, damages and awards arising from any claims or actions brought or threatened against “AEM BUILDING AND CONSTRUCTION” by parties alleging any misuse by “CLIENT” and/or their “customers” for any infringement or other applicable legislation. This includes, but without limitation, legislation governing the provision of goods, sales, or financial and, any other services “AEM BUILDING AND CONSTRUCTION” may offer.

“AEM BUILDING AND CONSTRUCTION” is not liable, nor do they guarantee or insure any material, goods, fixtures and fittings held by the “CLIENT”. The responsibility shall be borne by the “CLIENT” and “AEM BUILDING AND CONSTRUCTION” do not accept liability for any loss or damage, no matter how caused whilst in “CLIENT” possession, in transit, or whilst the “CLIENT” is transporting them.

All materials, goods and services that “AEM BUILDING AND CONSTRUCTION” supply and/or fit and carry out is guaranteed for three months commencing on the completion date as agreed by the “CLIENT” and “AEM BUILDING AND CONSTRUCTION” However if we manage the property, site, or building we will guarantee that for twelve months, you will not face any maintenance costs (apart from the cost of a gas certificate, cleaning etc.) Unfortunately we can only provide this guarantee for items we have order, fitted or supplied. Any items supplied or fitted by the Client’s contractors or the “CLIENT” are their own responsibility.

We cannot accept any liability for any inherited problems or for issues that concern the fabric of the building or communal parts not covered under the agreed terms of works. Nevertheless, we are happy to assist in dealing with such problems, subject to agreement by both/all parties.
“AEM BUILDING AND CONSTRUCTION” will always endeavour to supply full service but does not accept liability for failure outside of our control to supply services caused by any external influences including acts of God, fire, governmental acts, breaks in continuity of electricity supply or telecom link, accident or any other cause beyond reasonable control. “AEM BUILDING AND CONSTRUCTION” does not accept liability to “CLIENT” for direct or consequential financial loss or damage cause to the business.
“AEM BUILDING AND CONSTRUCTION” do reserve the right to change prices this includes; decreasing costs quoted as deemed necessary due to changes in the specifications, quantities, legibility and/or quality of original or sourced material, delivery arrangements, unforeseen problems or other circumstances, including, but not limited to, illness, terms, conditions or circumstances that were not part of the original verbal or written contract.

Changes to prices will only be levied where prior notification has been given by us via electronic mail (email) and acceptance has been given by the “CLIENT” in return via electronic mail (email).
We are mindful at all times and all our staff and trades people understand that keeping the “CLIENT” information strictly confidential is a part of our success. It is only under serious circumstances for example; if “AEM BUILDING AND CONSTRUCTION” is duly ordered to do so by Court Order, to protect public safety or, to the extent that it is strictly necessary for the appropriate purposes in correlation to this Agreement. We will not under any circumstances disclose “CLIENT” confidential information to any Third Party unless we have full instructions from the “CLIENT” in writing. If required, a Confidentiality Agreement can be forwarded upon request, either provided by us or supplied by the “CLIENT”.
All disputes arising out of, or, in connection with this Agreement shall be referred in the first instance to nominated executives from each parties who have authority to conclude a settlement and where possible, those executives should be at a higher level of management than the individuals with day-to-day responsibility for this Agreement and any work undertaken by “AEM BUILDING AND CONSTRUCTION”.

This Agreement shall be subject to and construed and interpreted in accordance with UK Law and shall be made subject where necessary to the exclusive jurisdiction of the courts in England and Wales.
This Agreement constitutes the entire agreement and understanding of the parties, and any and all other previous agreements, arrangements and understandings (whether written or oral) between the parties with regard to the specific subject matter of this Agreement are hereby excluded. No amendment or modification of any provision of this Agreement will be binding unless it is in writing and signed by authorised representatives of each of the respective parties.

“AEM BUILDING AND CONSTRUCTION” may make changes to this Client Agreement upon thirty (30) days written notice to the “CLIENT”, advising of the proposed change and the effective date of the changes.
All notices served under this Agreement must be in writing as prescribed herein.

Notices must be delivered personally or sent by prepaid recorded post, fax or by email to the address, fax number or email address most recently provided by us for that purpose.

Any notice that is served under this clause is deemed to be received:

(a) upon receipt, in the case of deliveries by hand during business hours or by prepaid recorded post;
(b) upon receipt of a fax confirmation slip, when sent by fax; and
(c) upon receipt of an email confirmation notification.
No waiver by either party of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision of this Agreement. If either party fails to exercise, or delays in exercising, or partially exercises aright or remedy under this Agreement, this shall not constitute a waiver by that party of the whole or part of that right or remedy or any other right or remedy provided by this agreement or by any prescribed law.
All rights reserved. AEM Building and Construction 07/07/07