Terms of business

1. Who we are and what these terms cover

1.1 We are the business trading as Omni Construction Group, run by Shahan Abbas and Bilal Khan. In these terms "we", "us" and "our" mean that business. You can contact us by phone on +44 7736 666567 or by email at shahan@omniconstructiongroup.co.uk. Our website is www.omniconstructiongroup.co.uk.

1.2 These terms apply to every quote we give and to all construction work we carry out, whether for a private homeowner, a landlord or property manager, or a commercial client. We refer to these terms in every quote and we give you a copy in writing (on paper or by email) before you are bound. They are also published at /terms-of-business/.

1.3 The contract between you and us is made up of these terms and your written quote (including any drawings, specification and schedule of stage payments attached to it), together with any variation agreed under clause 7. If there is a conflict between these terms and the quote, the quote takes priority.

1.4 Some clauses apply only to consumers and some only to business customers. Where that is so, the clause says so. If you are a consumer, nothing in these terms takes away or limits your legal rights, including your rights under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. If any clause would do that, it does not apply to you. Where a clause could be read in more than one way, the reading that is better for you as a consumer applies.

1.5 In these terms:

• "You" and "your" mean the person or organisation named in the quote as our customer.
• "Consumer" means an individual who is contracting with us wholly or mainly for purposes outside their trade, business, craft or profession. A private homeowner having work done on their own home is a consumer.
• "Business customer" means any customer who is not a consumer. This includes a company, a commercial client, a property manager, and a landlord who lets property as a business.
• "The work" means the construction work described in the quote, including the materials we supply for it, and any variation agreed under clause 7.
• "The site" means the property, or the part of the property, where the work is carried out.
• "The quote" means the written quotation we give you for the work, including any documents attached to it, in the version you accept under clause 3.
• "Working day" means Monday to Friday, other than a bank holiday in England and Wales.
• "In writing" includes email.

1.6 Individual landlords. If you are an individual who lets out property, whether you are a consumer depends on whether the work is wholly or mainly outside any trade or business of yours. If you are unsure, ask us before you accept the quote. We will treat you as a consumer unless it is clear that you are not. Separately, the payment rules in clauses 5.7 to 5.12 depend on whether you live, or intend to live, at the property, not on whether you are a consumer.

2. Quotes

2.1 We normally quote after visiting the site. The quote is based on what we could see and measure at that visit, on the information you gave us, and on any drawings or specification you supplied. It is not based on opening up the structure or on surveys we have not carried out.

2.2 The quote describes the work we will do and the materials we will supply. Anything not listed in the quote is not included in the price. In particular, unless the quote says otherwise, the price does not include: planning, listed building or party wall costs; building control fees; the survey or removal of hazardous materials such as asbestos; work to services (gas, water, electricity, drainage, data) beyond what the quote describes; redecoration outside the work area; skip permits, parking permits, or road or pavement suspensions; or items you have chosen to supply yourself.

2.3 Unless the quote says otherwise, it assumes that: the existing structure is sound; there is no asbestos or other hazardous material in the areas we will work in; services are where they appear to be, or where the drawings show them; the ground is suitable for any foundations described; and there is reasonable access for people, materials and plant. If any of these assumptions turns out to be wrong, clause 7.5 (unforeseen conditions) applies.

2.4 Provisional sums and allowances. Where the quote includes a provisional sum or an allowance for an item whose cost cannot be fixed when we quote (for example a provisional sum for a specialist survey, or an allowance for tiles you have not yet chosen), the quote says so and shows the figure allowed. When the actual cost is known we tell you in writing. If it is higher than the figure allowed you pay the difference; if it is lower we deduct the difference. You may ask for the actual cost before you commit to the item.

2.5 Price. If you are a consumer, the price in the quote is the total price you will pay for the work described, including any VAT that applies, and the quote lists any charges that may arise in addition and how they will be calculated. If you are a business customer, the quote states whether VAT is charged in addition to the price shown. Where the law requires us to show a Construction Industry Scheme deduction or a VAT reverse charge on an invoice, we will show it.

2.6 The quote is valid for 30 days from the date on it. After that we may withdraw it or re-price it, because material and labour costs change. Once you have accepted the quote under clause 3, the price changes only in the ways set out in these terms: an agreed variation (clause 7), an unforeseen condition (clause 7.5), or a provisional sum or allowance being finalised (clause 2.4). We have no other right to increase the price.

2.7 We stand by what we tell you. If we make a statement about the work, in writing or in conversation, and you rely on it when deciding to go ahead, we will honour it. So that both of us have a record, please ask us to confirm anything important in writing and we will do so.

3. How the contract is made

3.1 A contract is made when you accept the quote in one of these ways: by confirming your acceptance by email; by signing and returning the quote; or by paying the deposit requested in the quote. Whichever happens first fixes the date the contract is made.

3.2 Before you are bound we give you the quote and these terms in writing. If you are a consumer, the quote carries the information that the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 require us to give you before you are bound, including the arrangements for payment and timing and your right to cancel under clause 4. We give you a copy of the contract on paper or by email once it is made.

3.3 We agree a start date with you in writing. If you are a consumer, the start date will normally fall after the 14-day cancellation period in clause 4 has ended, unless you ask us in writing to start sooner (see clause 4.5).

3.4 We will not ask you to pay anything before the contract is made other than the deposit stated in the quote, and we will not start work until the contract is made.

4. Your right to cancel if you are a consumer

4.1 This clause applies only if you are a consumer. It does not apply to business customers.

4.2 Because we normally agree work at your property, or by email or phone after visiting it, the contract is an "off-premises contract" or a "distance contract" under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You have the right to cancel this contract within 14 days without giving any reason.

4.3 The cancellation period will expire after 14 days from the day of the conclusion of the contract, that is, the day the contract is made under clause 3.1.

4.4 To exercise the right to cancel, you must inform us (Omni Construction Group, email shahan@omniconstructiongroup.co.uk, phone +44 7736 666567) of your decision to cancel this contract by a clear statement (for example a letter sent by post, or an email). You may use the model cancellation form at the end of these terms, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. We suggest email, because it gives both of us a dated record.

4.5 Starting work in the cancellation period. We will not start the work before the cancellation period ends unless you ask us to in writing (email is enough). If you make that request and then cancel within the 14 days, you shall pay us an amount which is in proportion to what has been performed until you have communicated your cancellation to us, in comparison with the full coverage of the contract. In practice that means a fair share of the price for the work done and the materials supplied up to the point you cancelled, and nothing more. If, at your written request, we have fully performed the work within the 14 days, the right to cancel is lost.

4.6 Effects of cancellation. If you cancel this contract, we will reimburse to you all payments received from you, including any deposit, less only the proportionate amount described in clause 4.5 where it applies. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

4.7 When the right to cancel does not apply. The Regulations do not give a right to cancel in two situations that can arise in our work:

1. Contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance. This exception is narrow. It does not remove the right to cancel for services in addition to the urgent repairs or maintenance requested, or for goods other than replacement parts necessarily used in making the repairs. So if you call us out to an urgent repair and, at the same visit, we agree further work with you, you keep the right to cancel that further work.
2. Contracts for the construction of new buildings, or the construction of substantially new buildings by the conversion of existing buildings. Most of our work (extensions, renovations, roofing, bathrooms, plastering, carpentry and joinery, maintenance, and the fit-out of existing buildings) is not covered by this exception. Where a project might be, we will say so in the quote, and we will still give you the cancellation information and the model form.

4.8 If you want to end the contract after the 14-day period has expired, clause 16 (ending the contract) applies instead of this clause.

4.9 Nothing in this clause affects your other legal rights, including your rights under the Consumer Rights Act 2015 described in clause 12.4.

5. Deposits and stage payments

5.1 Deposit. We may ask for a deposit to secure your start date and to order materials. If we do, the quote states the amount, which is a percentage of the price, and what it is for. The deposit is applied against your first invoice. It is not an extra charge.

5.2 Refund of the deposit. If you are a consumer and you cancel within the 14-day period under clause 4, we refund the deposit in full, less only the proportionate amount under clause 4.5 where you asked us to start early. If the contract ends for any other reason before the work is finished, clause 16 says what happens. We never keep more of the deposit than the costs we cannot avoid, and we show you in writing how those costs are made up.

5.3 Stage payments. The quote sets out the stages at which we invoice you and the amount, or percentage of the price, due at each stage. Stages are tied to visible progress on site (for example foundations complete, roof on, first fix complete, practical completion). If the quote does not set out stages, we invoice at the end of each calendar month for the work done in that month and issue a final invoice at practical completion. Where the work is expected to last 45 days or more, a business customer has a statutory right to stage payments, and the quote provides for them.

5.4 Retention. If the quote provides for a retention, we hold back the stated small percentage of the final invoice and release it at the end of the 12-month defects period in clause 12.3. If the quote is silent, there is no retention.

5.5 Payment. Each invoice is payable within 14 days of the date you receive it, unless the quote states a different period. You pay by bank transfer to the account shown on the invoice. Please check the account details with us by phone before you send your first payment, and tell us at once if you receive an email asking you to pay into a different account, because such emails are a common fraud. We will never change our bank details by email alone.

5.6 Queries. If you think an invoice is wrong, tell us in writing as soon as you can, and before the payment date, saying what you think is due and why. We will look into it promptly. Please still pay the part of the invoice you do not dispute.

5.7 Business customers: the Housing Grants, Construction and Regeneration Act 1996. Clauses 5.8 to 5.12 apply where that Act applies to our contract. The Act applies to a construction contract unless it is with a residential occupier, that is, unless the contract principally relates to work on a home which you occupy, or intend to occupy, as your residence. So it applies to commercial, landlord and property-management work, and it does not apply to work on your own home. If the Act does not apply to your contract, clauses 5.1 to 5.6 alone govern payment and clauses 5.8 to 5.12 do not apply to you.

5.8 Each invoice we send is our payment notice for the purposes of the Act. It states the sum we consider due and the basis on which we have calculated it.

5.9 The payment due date is the date you receive the invoice. The final date for payment is 14 days after the due date, unless the quote states a different period.

5.10 If you consider that less is due than the sum on the invoice, you must give us a written pay less notice no later than 7 days before the final date for payment, stating the sum you consider due and the basis on which it is calculated. If you do not give a valid pay less notice in time, you must pay the sum on the invoice by the final date for payment.

5.11 Where our contract does not deal with a matter that the Act requires it to deal with, the Scheme for Construction Contracts (England and Wales) Regulations 1998 (as amended) applies to fill the gap.

5.12 Adjudication. Either of us may refer a dispute arising under the contract to adjudication at any time. The adjudication is conducted under the Scheme for Construction Contracts (England and Wales) Regulations 1998 (as amended), which also provides for the appointment of the adjudicator. The adjudicator's decision binds both of us until the dispute is finally decided by the courts or by agreement.

6. Late payment

6.1 Business customers. If you are a business customer and you do not pay by the final date for payment, we may charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998. Interest runs at 8% a year above the Bank of England base rate from the day after the final date for payment until you pay. The Act also entitles us to fixed compensation for each overdue invoice (£40 for a debt under £1,000, £70 for a debt of £1,000 or more but under £10,000, and £100 for a debt of £10,000 or more) and to our reasonable costs of recovering the debt above those sums.

6.2 Consumers. If you are a consumer and you do not pay an invoice by the payment date, we may charge simple interest on the overdue amount only, at 3% a year above the Bank of England base rate, from the day after the payment date until you pay. We do not charge any fixed administration or late-payment fee. If you are having difficulty paying, tell us and we will discuss a way forward.

6.3 Suspension. If an invoice that you have not disputed under clause 5.6 is overdue, we may suspend the work by giving you 7 days' written notice. If you pay within the 7 days we will not suspend. If we do suspend, the time for completing the work is extended by the period of suspension plus a reasonable time to restart, and you pay our reasonable direct costs of stopping and restarting, which we set out in writing. We restart as soon as reasonably possible after you pay.

6.4 Ownership of materials. Materials we supply remain our property until you have paid for them. Once materials are fixed into the building they become part of the property and belong to you, and the price for them remains payable. If you have not paid for materials that are still unfixed, we may enter the site at a reasonable time to remove them, and you must not use, sell or dispose of them.

6.5 Risk of loss or damage to materials on site. If you are a business customer, the risk of loss or damage to materials passes to you when they are delivered to the site, and you should insure them from that point. If you are a consumer, materials we deliver remain at our risk until they are fixed, or until you take them into your own keeping, but you must not use, move or let others use them, and you must tell us at once of any loss or damage. Whether you are a consumer or a business customer, if materials are lost or damaged because of something you or your visitors did, or because the property was left unsecured, you pay the reasonable cost of replacing them.

7. Changes to the work

7.1 Either of us may propose a change to the work (a "variation"). We will not make any significant variation without your agreement, and you may decline any variation we propose.

7.2 Before we carry out a variation we give you, in writing, its price (or the basis on which we will price it, for example a day rate plus materials at cost) and its effect on the programme. Work on the variation starts only once you have agreed the price and the time effect in writing. Email is enough.

7.3 Small urgent changes. Where a change is small and a decision is needed the same day to avoid stopping the work, we may agree it with you by email or message. We confirm the price and time effect in writing within 2 working days.

7.4 Urgent safety work. If we find something that puts people or the property in immediate danger, we may do the minimum work needed to make it safe without waiting for your agreement. We tell you as soon as we can and give you a written price for that work within 2 working days.

7.5 Unforeseen conditions. Because we price from what we can see at the site visit, we sometimes uncover conditions that no one could reasonably have known about: hidden defects in the existing structure, rot, damp, unsuitable ground, services that are not where they were expected, or requirements from building control that could not have been foreseen. If we find an unforeseen condition we stop work in the affected area where that is sensible, tell you promptly, explain the options, and give you a written price and time effect for any extra work. That extra work is a variation under this clause 7 and does not proceed until you agree it. You may seek a second opinion. If you decide not to proceed with the extra work and the original work cannot sensibly be completed without it, clause 16 applies.

7.6 Asbestos. If we find or suspect asbestos, we stop work in the affected area and do not disturb it. Asbestos must be surveyed and, where necessary, removed by a suitably licensed specialist before we can continue. Unless the quote says otherwise, the cost of the survey and removal is yours, and any related extra work is priced as a variation. Delay caused by an asbestos finding is dealt with under clause 10.

7.7 Changes required by building control or another authority are priced as variations in the same way. If a change is needed because our work did not meet the Building Regulations, we bear that cost.

8. Our obligations

8.1 We carry out the work with reasonable care and skill, using appropriate materials, and in accordance with the quote.

8.2 Building Regulations. We carry out the work in accordance with the Building Regulations that apply to it. Where the quote says we are responsible for building control, we make the building control application, arrange the inspections, pay the fee (recharged as a priced item in the quote) and pass the completion certificate to you when it is issued. Where the quote says you or your architect will deal with building control, we co-operate with the inspections. If you are a consumer having work done on your own home, we take on the duties that the Building Regulations place on the client, unless you have appointed someone else in writing. If you are a business customer, you are the client under the Building Regulations dutyholder rules and we carry out the duties placed on us.

8.3 Registered installers. Gas work is carried out only by an installer registered with Gas Safe Register. Electrical work that must be certified is carried out only by an installer registered with a government-authorised competent person scheme. Where other specialist work (such as replacement windows and doors, or heating appliances) can be self-certified under a competent person scheme, we use a registered installer. We give you the certificate for that work.

8.4 Health and safety. We plan, manage and carry out the work in accordance with the Construction (Design and Management) Regulations 2015. We prepare a construction phase plan for every project before we set up on site. Where a project is expected to last longer than 30 working days and have more than 20 workers on site at the same time at any point, or to exceed 500 person days, it must be notified to the Health and Safety Executive (an F10 notification) before the construction phase begins, and we make sure that happens. If you are a consumer having work done on your home, the Regulations transfer the client duties to us and we carry them out. If you are a business customer, you remain the client under the Regulations (see clause 9.9). Where other businesses or tradespeople also work on the project, we take on the duties the Regulations place on the person in control of the construction phase unless you appoint someone else in writing. We provide suitable welfare facilities for the people on site so far as is reasonably practicable, with your co-operation under clause 9.7.

8.5 Site. We keep the site as clean, tidy and safe as the work allows, protect the areas of the property we are working in and the routes we use, and leave the site safe at the end of each working day.

8.6 Working hours and noise. Our normal working hours are stated in the quote. Different hours can be agreed in writing. We keep noisy work within any hours the local council sets, and we tell you in advance about particularly noisy or disruptive work.

8.7 Keeping you informed. We keep you informed of progress, tell you promptly about anything that affects the price, the programme or the work, and give you a named person to contact.

8.8 Our people. We use only people who are entitled to work in the United Kingdom and who are competent for the tasks they carry out. We remain responsible for the work of anyone we engage (see clause 20.1).

9. Your obligations

9.1 Access. You give us access to the site during our working hours on every working day of the programme, from the agreed start date until practical completion, and at other times by agreement. If we cannot get access, clause 10 applies.

9.2 Water and electricity. You let us use water and electricity at the site for the work, at no charge, unless the quote says otherwise.

9.3 Decisions and selections. You make decisions, and choose items such as tiles, sanitaryware, kitchens, doors and finishes, by the dates we ask for, so that we can order in time. Late decisions may delay the work (clause 10). If they cause us extra cost we tell you in writing before we incur it (clause 10.5).

9.4 Hazards and information. Before we start, you tell us everything you know about the site that could affect the work or the safety of people on it, including: any asbestos survey, register or report; any known or suspected asbestos; buried or hidden services (gas, electricity, water, drainage, data); structural movement; previous fire or flood damage; contamination; and previous work on the property, together with any drawings, certificates or guarantees you hold.

9.5 Permissions and consents. Unless the quote says we will obtain them, you are responsible for obtaining, and paying for, any planning permission, listed building or conservation area consent, party wall agreements or awards under the Party Wall etc. Act 1996, and any consent required from a freeholder, landlord, mortgage lender or management company, and for meeting any conditions attached to them. You show us written confirmation before the start date. If you are unsure whether a consent is needed, ask us and we will tell you what we know, but we cannot give legal advice.

9.6 Higher-risk buildings. If the site is in a building that is at least 18 metres high or has at least 7 storeys, and contains at least 2 residential units (a "higher-risk building" under the Building Safety Act 2022), you must tell us before we quote, because different building control rules apply and they affect the price and the programme.

9.7 Welfare. Where practical you allow the people working on site to use a toilet and washing facilities. If that is not practical, we agree with you where a welfare unit can stand.

9.8 Insurance of the property. You keep the property insured throughout the work and tell your insurer about the work if your policy requires it. If you are a business customer, you also insure the contents and the materials on site (see clause 6.5).

9.9 Business customers: your duties as client. If you are a business customer you are the client under the Construction (Design and Management) Regulations 2015. You make the appointments the Regulations require where more than one business will work on the project, give us the pre-construction information in good time, and, for non-domestic premises and the common parts of blocks of flats, give us the asbestos register, survey and management plan that the Control of Asbestos Regulations 2012 require you to hold. We do not start work until we have that information.

9.10 Safety on site. You keep children, pets and visitors away from the work area, follow any reasonable safety instructions we give, and do not enter the work area while we are not on site unless it is safe to do so.

9.11 Belongings. Before the start date you remove furniture, belongings and valuables from the work area and the routes we will use, or cover and protect anything that cannot be moved. We take reasonable care, but we are not responsible for damage to items left in the work area that we asked you to remove.

9.12 Parking and permits. Where parking permits, parking suspensions, skip permits, or road or pavement licences are needed, you provide them, or we obtain them and recharge the cost as a priced item, as the quote states.

9.13 Storage. Where practical you provide a secure, dry space for materials and tools.

10. Programme and delays

10.1 The start and completion dates in the quote are realistic estimates made in good faith. They are not guarantees, and time is not "of the essence" for either of us.

10.2 We do all that we reasonably can to meet the dates given. If the work is delayed by any of the following, the time for completion is extended by a fair period:

1. weather that prevents the work from continuing safely or properly;
2. delay by a supplier or manufacturer that we could not reasonably have avoided;
3. a variation, an unforeseen condition or an asbestos finding under clause 7;
4. your delay, for example late access, late decisions or selections, late consents under clause 9.5, or materials you supply arriving late, wrong or damaged;
5. a decision or requirement of building control, a planning authority or another public body; or
6. an event outside our reasonable control under clause 17.

10.3 If a delay happens or looks likely, we tell you promptly, explain the cause, and agree a revised date with you.

10.4 We are not liable to you for loss caused by a delay under clause 10.2. We remain responsible for delays we cause. If you are a consumer, nothing in this clause affects your right under the Consumer Rights Act 2015 to have the work done within a reasonable time, or your remedies if we fail to do so.

10.5 If your delay under clause 10.2 (item 4) causes us direct extra cost (for example a wasted day on site or a return visit), we tell you in writing before we incur it and, where we do incur it, we may charge it as a variation.

11. Materials and goods

11.1 Materials we supply are of satisfactory quality, fit for their purpose and as described in the quote. If you are a consumer, they come with your rights under the Consumer Rights Act 2015, which nothing in these terms limits.

11.2 Substitutions. If a specified material or product is unavailable, we may substitute one of equivalent or better specification. Where the substitute would change the appearance, performance or price of the work, we do not make the change without your agreement. If no acceptable equivalent exists, you may cancel the affected item without charge and the price is adjusted.

11.3 Materials you supply. Where you supply materials, we fit them with reasonable care and skill. We are not responsible for their quality, suitability or manufacturer's guarantee, or for delay caused if they arrive late, wrong or damaged. If we consider that an item you have supplied is unsuitable or unsafe, we tell you and may decline to fit it.

11.4 Surplus materials. Unused materials we supplied remain ours and we may remove them at the end of the work, unless the quote says you have paid for a set quantity and the surplus is yours (for example spare tiles kept for future repairs).

11.5 Ownership of materials and the risk of loss or damage are dealt with in clauses 6.4 and 6.5.

12. Completion, snagging and defects

12.1 Practical completion. The work is practically complete when it is finished in accordance with the quote apart from minor items that do not prevent you from using the property for its intended purpose. We walk through the work with you, agree that stage in writing, and issue the final invoice (less any retention under clause 5.4).

12.2 Snagging. At or shortly after practical completion we agree a snagging list with you of minor items to be finished or put right. We deal with them within a reasonable time, normally within 20 working days, at no extra cost. If we disagree about whether an item is a snag, we explain our view in writing. We do not decide the question alone (see clause 18).

12.3 Our 12-month defects promise. For 12 months after practical completion, if any of our work or the materials we supplied turns out to be defective, tell us and we will come back and put it right free of charge within a reasonable time. This promise is in addition to your legal rights and does not limit them. It applies whether you are a consumer or a business customer.

12.4 Your legal rights (consumers). If you are a consumer, you have the right under the Consumer Rights Act 2015 to have the work done with reasonable care and skill, within a reasonable time, and to receive materials of satisfactory quality, fit for purpose and as described. If we fall short, you can require us to repeat or fix the work at our cost within a reasonable time and without significant inconvenience to you, and if we cannot or do not, you can claim a price reduction, which may be up to the full price where appropriate. You can enforce these rights for six years from the date of the breach. Where the work is to a dwelling you also have the protection of the Defective Premises Act 1972, for which the Building Safety Act 2022 sets a limitation period of 15 years. Reporting a defect within the 12-month defects period is not a condition of exercising any of these rights.

12.5 Your legal rights (business customers). If you are a business customer, your rights and remedies for defective work are those set out in the contract and the general law, subject to clause 15. The time limits in the Limitation Act 1980 apply and nothing in these terms shortens them.

12.6 What is not a defect. The following are not defects in our work: fair wear and tear; damage caused by misuse, accident, lack of maintenance, or work by you or by others; shrinkage, cracking or movement in new plaster, timber, mortar or other natural materials within normal tolerances; movement, damp or deterioration in parts of the existing building that we did not build and were not engaged to repair; and problems arising from materials you supplied. If you report something that turns out not to be a defect in our work, we may charge a reasonable fee for the visit and for any work you then ask us to do, but only if we told you in advance that a charge might apply.

12.7 Access for defects. You give us reasonable access to inspect and put right any defect you report.

13. Waste

13.1 We are responsible for the waste our work produces. We remove it lawfully, through a registered waste carrier or a licensed skip company, and we keep the waste transfer notes for the period the law requires (currently two years). We give you a copy on request.

13.2 Skips. Please do not put your own household, garden or other waste into a skip we have provided. If you do, you are responsible for that waste and for any extra disposal cost.

13.3 Hazardous waste, such as asbestos, certain paints and solvents, is removed only by a suitably licensed carrier. Unless the quote includes it, that removal is a priced extra agreed under clause 7.

13.4 Skip permits for the public highway are dealt with under clause 9.12.

14. Photographs

14.1 We take photographs of the work as it progresses and when it is finished. We keep them as part of our project records and, where needed, for building control and for any guarantee.

14.2 We publish photographs of your property for marketing (for example on our website or social media) only if you agree. You can give your agreement by ticking the box on the quote or by email, and you can withdraw it at any time by emailing shahan@omniconstructiongroup.co.uk. We then stop using the photographs in new material and remove them from our website and social media accounts within a reasonable time.

14.3 We never publish your name, your address, the house name or number, or any photograph that shows people or your personal belongings.

15. Insurance and liability

15.1 Consumers. If you are a consumer, clauses 15.1 to 15.3 apply to you and clauses 15.4 to 15.6 do not. If we fail to comply with these terms, or we carry out the work negligently, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or negligence. Loss or damage is foreseeable if it is obvious that it will happen, or if, at the time the contract was made, both we and you knew it might happen.

15.2 We are not responsible for: defects in the existing property that we did not cause and could not reasonably have discovered; loss or damage caused by you, your visitors, or others we do not control; or losses that were not reasonably foreseeable when the contract was made.

15.3 Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of your rights under the Consumer Rights Act 2015 in relation to the work and the materials, or for any other liability that the law does not allow us to exclude or limit.

15.4 Business customers. Clauses 15.4 to 15.6 apply only to business customers. Subject to clause 15.6: (a) we are not liable to you for loss of profit, loss of business, loss of rent, loss of use, or any indirect or consequential loss; and (b) our total liability to you arising out of or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the total price payable under the contract.

15.5 We consider these limits reasonable given the price of the work, its nature, and the insurance that each of us can be expected to carry. If a court finds any part of clause 15.4 unreasonable under the Unfair Contract Terms Act 1977, the rest of it continues to apply.

15.6 Nothing in clause 15.4 excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by law.

15.7 Whether you are a consumer or a business customer, you take reasonable steps to keep any loss to a minimum, and you tell us promptly about any damage so that we can put it right or claim on our insurance.

16. Ending the contract

16.1 By you, for our serious breach. If we are in serious breach of the contract (for example we fail to carry out the work with reasonable care and skill, or we stop work without good reason) and we do not put it right within a reasonable time after you have told us in writing what is wrong (at least 14 days, unless the matter is urgent), you may end the contract by written notice. You pay only for work properly done and materials supplied up to that date, less the reasonable cost of putting right any defective work. We refund any surplus you have paid, including any deposit, within 14 days.

16.2 By you, for any reason (consumers only). If you are a consumer you may end the contract at any time by written notice, even if we are not at fault. If you do, you pay: (a) for the work done up to the date your notice reaches us; (b) for materials we have ordered for the work that we cannot return or cancel, at the price we paid for them, and those materials become yours; and (c) our reasonable direct costs of stopping work and leaving the site. We deduct any saving we make from not having to complete the work and anything we can reasonably recover, for example by finding other work for the time freed up. We never charge the full price for work we have not done. We set out the calculation in writing and refund any surplus, including any deposit, within 14 days. This right is separate from your right to cancel within 14 days under clause 4, which lets you cancel without paying anything except the proportionate amount in clause 4.5.

16.3 By you, for any reason (business customers only). If you are a business customer you may end the contract at any time by written notice. You pay the amounts in clause 16.2 (a) to (c) and, in addition, the profit we would have earned on the work we have not been able to complete, less any saving we make and anything we can reasonably recover. This clause applies to business customers only.

16.4 By us. We may end the contract by written notice if: (a) you do not pay an invoice you have not disputed under clause 5.6 within 14 days after we send you a written reminder following the payment date; (b) you refuse or fail to give us access to the site without good reason for 10 working days or more after we have asked for it in writing; (c) the site becomes unsafe because of something within your control and you do not put it right within a reasonable time after we have told you in writing; (d) you are in any other serious breach of the contract and do not put it right within 14 days after we have told you in writing; or (e) you become bankrupt or insolvent, or a business customer enters administration or liquidation.

16.5 What happens when the contract ends under clause 16.2, 16.3 or 16.4. You pay for the work done and for materials ordered that we cannot return or cancel, and any other sums due under the clause relied on. We refund any surplus you have paid, including any deposit, within 14 days. We leave the site safe and tidy, remove our tools and any unfixed materials you have not paid for, and hand over the records that belong to you: drawings, certificates, guarantees and building control documents for the work completed. Neither of us loses any other right or remedy we already have.

16.6 If you are a consumer, your right to cancel within 14 days under clause 4 is separate from this clause and is not affected by it.

17. Events beyond our control

17.1 Neither of us is responsible for a failure or delay in carrying out the contract that is caused by an event outside our reasonable control. Examples are: severe weather, flood or fire; failure of a supplier or manufacturer that could not reasonably have been avoided; strikes or industrial action (other than by our own people); restrictions imposed because of an epidemic or pandemic; failure of the gas, water, electricity or communications supply; action by a public authority; or road closures that prevent access to the site.

17.2 If such an event affects the work, we tell you promptly, do what we reasonably can to reduce its effect, and agree a revised date with you.

17.3 If the event stops the work for more than 8 weeks in total, either of us may end the contract by written notice. You pay for the work done and for materials ordered that we cannot return or cancel. We refund any surplus you have paid, including any deposit, within 14 days. Neither of us owes the other anything else because of the event.

18. Complaints and disputes

18.1 If something is wrong, please tell us first so that we can put it right. Contact Shahan Abbas by phone on +44 7736 666567 or by email at shahan@omniconstructiongroup.co.uk, or use the form on our contact page. Please give us the address of the site, what has gone wrong and what you would like us to do.

18.2 We acknowledge your complaint within 5 working days, look into it, and aim to resolve it within 30 days. If it will take longer, for example because we need to visit the site or wait for a supplier, we tell you why and when you can expect an answer.

18.3 When we give you our final answer, we say so in writing, and we tell you at the same time about any alternative dispute resolution arrangement that is available to you if you are unhappy with our answer. Our position is set out in clause 18.4.

18.4 Alternative dispute resolution. We are not a member of any alternative dispute resolution scheme, and no trade-body scheme applies to us. If we cannot resolve your complaint, you may take it to court. If both of us agree at the time, we may instead use an alternative dispute resolution provider accredited under the Digital Markets, Competition and Consumers Act 2024. We will never require you to use arbitration or any other process before you can go to court.

18.5 Business customers may also refer a dispute to adjudication under clause 5.12 where the Housing Grants, Construction and Regeneration Act 1996 applies.

18.6 Governing law and courts. These terms and the contract are governed by the law of England and Wales. You and we may bring proceedings in the courts of England and Wales. If you are a consumer who lives in Scotland, you may also bring proceedings in the Scottish courts, and if you live in Northern Ireland, in the courts of Northern Ireland. Nothing in these terms prevents a consumer from using their local courts.

18.7 Complaints about how we handle your personal information are dealt with under our privacy policy.

19. Data protection

19.1 We use your name, contact details and information about your property to reply to your enquiry, prepare the quote, carry out the contract, invoice you, and keep the records the law requires. We handle that information under the UK GDPR and the Data Protection Act 2018. Our privacy policy explains what we collect, why, who we share it with, how long we keep it, and your rights. Our contact for data protection matters is shahan@omniconstructiongroup.co.uk.

19.2 How long we keep project records. We keep the records of each project (the quote, the contract, drawings, variations, photographs, certificates, invoices and correspondence) for 15 years from practical completion. That period matches the limitation period for claims under the Defective Premises Act 1972 as extended by the Building Safety Act 2022, and it means we can still help you with a certificate or a query long after the work is finished. We keep financial records for 6 years from the end of the financial year they relate to, and quotes that are not accepted for 2 years from the date of the quote.

20. General

20.1 Other tradespeople and businesses. We may engage other tradespeople or specialist businesses to carry out parts of the work, for example electrical, gas, plumbing or scaffolding work. We remain fully responsible to you for all of the work as if we had carried it out ourselves.

20.2 Transferring the contract. You may not transfer the contract, or any of your rights under it, to anyone else without our written consent, which we will not withhold unreasonably. We may not transfer our obligations to anyone else without your written consent, but clause 20.1 allows us to engage others to carry out parts of the work.

20.3 Each clause of these terms operates separately. If a court or other authority decides that any clause, or part of a clause, is unenforceable, the rest of these terms continues in full force.

20.4 Only you and we can enforce the contract. No one else has any right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999. This does not affect any rights that the Defective Premises Act 1972 gives by law to people who later acquire an interest in a dwelling.

20.5 Notices. Any notice under these terms must be in writing. You send notices to us by email to shahan@omniconstructiongroup.co.uk, and we send notices to you by email to the address you gave in the quote, or to any other email address either of us later confirms in writing. An email notice sent before 5pm on a working day is treated as received on that day; otherwise it is treated as received on the next working day. Either of us may also give notice by post to the address in the quote; a posted notice is treated as received on the second working day after posting.

20.6 Changes to these terms. We may update these terms from time to time for future contracts. Each quote refers to the version of these terms in force on the date of the quote, identified by its "Last updated" date. That version applies to your contract, and we will not change it for your contract without your written agreement.

20.7 Entire agreement (business customers only). If you are a business customer, the contract described in clause 1.3 is the entire agreement between you and us about the work, and each of us acknowledges that it has not relied on any statement or promise that is not set out in it, except that nothing in this clause limits liability for fraud. This clause does not apply to consumers; for consumers, clause 2.7 applies instead.

20.8 If we delay in enforcing any part of the contract, or do not enforce it on one occasion, we can still enforce it later.

20.9 Your statutory rights. If you are a consumer, nothing in these terms affects your statutory rights. For free, independent advice about those rights you can contact Citizens Advice.

Model cancellation form

Complete and return this form only if you are a consumer and you wish to cancel the contract within the 14-day cancellation period described in clause 4. You do not have to use this form; a clear statement by email is enough. You can send this form to us by email.

To: Omni Construction Group, email shahan@omniconstructiongroup.co.uk, phone +44 7736 666567:

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate.