Project Terms & Conditions

1. Parties and contract documents

1.1 "Embury", "we" and "us" means Embury Ltd, company number 14069917, England and Wales. Correspondence: 66 Mortlake High Street, London SW14 (business address; the current registered office should be checked against Companies House). Email: info@emburyservices.co.uk. "Client" means the party named in the signed project agreement.

1.2 The contract comprises the signed Project Agreement, accepted numbered quotation and scope, drawings and specifications identified in the agreement, its payment schedule, written variations, these terms, and any applicable statutory cancellation notice. If documents conflict, the signed agreement and expressly agreed variations take priority over these general terms, except where the law requires otherwise.

1.3 Our quotation is valid for 30 calendar days unless it says otherwise. A binding contract forms when we confirm acceptance in writing and the parties sign the Project Agreement (including by electronic signature), subject to applicable consumer cancellation rights. No work is booked solely because an enquiry or quotation has been issued.

2. Scope, estimates and exclusions

2.1 We will perform the work expressly described in the accepted quotation, using reasonable care and skill, and comply with applicable laws and relevant building requirements. Items not expressly included are excluded, even if shown incidentally in background drawings or discussions.

2.2 Unless specifically included in the quotation, architect or engineer fees, planning permission, building control fees, party wall matters, statutory approvals, asbestos surveys/removal, specialist surveys, unforeseen structural works, utilities upgrades, temporary accommodation, loose furnishings and decoration outside the work area are excluded.

2.3 Provisional sums, prime cost allowances, estimates and assumptions will be identified in the quotation. Actual charges may vary according to approved selections, quantities or discovered site conditions; we will explain proposed changes before carrying out chargeable extra works except as provided for emergency safety work in clause 5.4.

3. Programme and site access

3.1 Indicative commencement and completion dates depend on timely approvals, site access, client choices, materials and subcontractor availability. Where the agreement states a fixed completion date, we will notify you promptly of events that may justify a reasonable extension, explaining the cause and likely effect.

3.2 The client will provide safe and reasonable access, electricity, water, agreed storage space and site facilities, and will move or protect personal possessions before work starts. Parking, permits, skip permits and congestion charges are included only where the quotation says so; any additional necessary charges will be advised and evidenced.

3.3 We will take reasonable measures to protect working areas and keep the site orderly. Construction work can involve noise, dust, vibration, temporary service interruptions and limited room access. We will agree significant planned shutdowns where reasonably practicable.

3.4 Delays caused by changes, late selections, third-party contractors, unexpected concealed conditions, adverse weather preventing safe work, and events beyond our reasonable control may affect price or time. We will notify and discuss mitigation, and will not rely on this clause to exclude liability where legally responsible.

4. Drawings, approvals and building regulations

4.1 The quotation will identify who is responsible for designs, structural calculations, planning, building control applications, inspections and certification. No structural change should proceed without required design and approvals.

4.2 The client must disclose relevant leases, covenants, access restrictions, prior surveys, known defects, asbestos information and party wall requirements, and provide approvals within their control. Embury remains responsible for any design or compliance duties expressly assigned to us and for statutory obligations that apply to our work.

4.3 Measurements, illustrative drawings and visual concepts are subject to verification and the agreed specification. We will not substitute materially different finishes without prior agreement, except where necessary for legal or safety compliance and notified to the client.

5. Variations and unforeseen conditions

5.1 Changes to scope, specification, materials, layout or sequence must normally be priced and agreed in writing (including email or approved digital variation) before execution. Our variation will identify price, VAT treatment and any programme impact.

5.2 Hidden defects, defective existing services, damp, rot, unsuitable substrate, non-compliant wiring, asbestos or structural defects exposed during the works are not automatically included. We will report them, make the area reasonably safe, and propose options and prices.

5.3 We are not responsible for defects in pre-existing work that we have not agreed to correct; however, we remain responsible for loss or damage caused by our own breach or lack of reasonable care and skill.

5.4 If immediate action is reasonably necessary to prevent danger or serious property damage, we may take proportionate temporary protective steps and notify the client as soon as reasonably practicable. Any additional charge must be reasonable, substantiated and consistent with applicable law.

6. Contract price, VAT and payment

6.1 The signed quote states the contract sum and whether VAT is included or added. Any applicable VAT will be shown clearly on invoices. The precise deposit, stage-payment dates, final balance and any retention are set out in the signed payment schedule—not assumed from these terms.

6.2 We may use agreed advance payments to reserve labour, order goods and mobilise the project. Payments are allocated to the contract and will be accounted for on termination in accordance with clause 10 and applicable law.

6.3 Invoices fall due on the dates stated in the payment schedule. If a client reasonably disputes an item, they should explain the issue promptly and pay the undisputed balance. Parties will cooperate to resolve any dispute without unnecessary interruption of safe works.

6.4 For commercial (business-to-business) debts, interest and recovery compensation may be claimed under the Late Payment of Commercial Debts legislation where applicable. For consumer debts, any agreed late payment interest must be fair, proportionate and clearly stated in the signed schedule; no automatic statutory business late-payment rate applies.

6.5 If an undisputed due amount remains unpaid after written reminder and a reasonable opportunity to remedy, we may suspend affected works on reasonable notice where lawful. Reasonable demonstrable demobilisation and remobilisation costs attributable to client default may be charged after notice, subject to consumer fairness rules and any statutory construction-payment requirements.

7. Materials, client-supplied goods and ownership

7.1 Embury will source and install specified materials unless marked "client supply". Substitutions affecting quality, appearance or cost require agreement. Manufacturer warranties are passed on or supported as applicable and do not replace statutory remedies.

7.2 The client is responsible for timely delivery, suitability and correct specification of client-supplied items. We will flag obvious incompatibilities we discover and may charge reasonable verified delay or additional fitting costs caused by missing or unsuitable items after agreement.

7.3 Ownership and risk in materials are governed by applicable law and the nature of incorporation into the works. Nothing permits us to enter a property without consent or remove installed materials unlawfully. Unused movable goods clearly belonging to Embury may be recovered by agreement or legal process.

8. Quality, completion, snagging and warranties

8.1 Works will be completed with reasonable care and skill, using materials conforming to the agreed specification. The client may inspect on practical completion and identify reasonable snagging items in writing. Minor snagging that does not materially prevent ordinary use should not itself delay all properly due payment, subject to any agreed retention and consumer rights.

8.2 Unless stated otherwise in the signed quotation, Embury offers a contractual 12-month workmanship defects period from practical completion on work it carries out, including refurbishment and remedial work. This covers defects attributable to our workmanship, not normal wear, lack of maintenance, misuse, subsequent third-party alterations or underlying faults beyond our agreed scope. This additional commitment does not restrict statutory rights, which may continue beyond 12 months.

8.3 Existing structures and historic leaks, damp, movement and hidden defects are not guaranteed to be resolved unless the quotation expressly includes diagnostic and remedial works designed to address them. Where new work fails because of our defective design or workmanship, we remain responsible as required by law.

8.4 Please notify defects as soon as reasonably possible, with photographs where available, and allow us a reasonable opportunity to inspect and make good. Emergency measures needed to prevent further loss may be taken where reasonable. Gas, electrical and other statutory certificates will be issued when legally required; they will not be withheld where doing so would breach the law.

9. Safety, environmental and hazardous materials

9.1 We will comply with applicable health and safety duties, site-specific risk assessments and relevant construction regulations. Clients and occupants must not enter restricted work areas without permission.

9.2 Discovery of suspected asbestos, unsafe structures, contamination, serious mould or hazardous substances may require us to stop affected works pending assessment and an agreed safe method. Specialist testing, licensed removal or remediation will be separately scoped unless included.

9.3 Waste disposal will follow applicable requirements. Hazardous waste costs and disposal arrangements will be identified separately when not included in the original price.

10. Cancellation, early start and ending the contract

10.1 Consumers who conclude a qualifying distance or off-premises contract may have a statutory 14-day cancellation right. Where it applies, Embury will provide the required pre-contract information and cancellation form. The client may expressly request an early start using the separate early-start acknowledgement in the Project Agreement. Any amount payable following cancellation will be determined under the Consumer Contracts Regulations, not by a blanket non-refundable deposit.

10.2 Outside a statutory cancellation period, either party may request cancellation in writing. Where the client cancels without a lawful right to a full refund, Embury may charge for work performed, reasonable committed non-returnable materials and reasonable net losses directly caused by cancellation, less costs saved and amounts recoverable elsewhere, subject to applicable consumer law. We will provide a clear accounting and return any balance.

10.3 Either party may terminate for a serious breach not remedied within a reasonable period after written notice, or immediately where there is a serious safety risk or other lawful justification. We will secure the site, document completed works, and provide an account of sums due or refundable. Rights relating to defective work and statutory remedies are unaffected.

11. Liability and insurance

11.1 We are liable for reasonably foreseeable loss or damage caused by our breach or failure to use reasonable care and skill. Nothing excludes or restricts liability for death or personal injury from negligence, fraud, or any consumer or other statutory right that cannot lawfully be excluded.

11.2 We are not liable for the cost of repairing pre-existing defects unless included in scope, or for losses caused solely by third parties outside our control; this does not affect liability where our acts or omissions contribute to the loss. Commercial liability limits, if required, should be specifically negotiated in the signed agreement and legally reviewed.

11.3 Insurance particulars and certificates can be provided on reasonable request. Insurance is not a substitute for contractual or legal responsibility.

12. Photos, drawings, privacy and confidentiality

12.1 We may take site photographs and keep project records for surveys, estimating, quality assurance, safety, evidence of work and dispute resolution, subject to data protection law. We will obtain separate consent before using identifiable private interiors, personal information or the client's identity for marketing or our portfolio.

12.2 Copyright in original Embury designs, drawings and documents remains with their owner unless otherwise agreed. Upon payment of sums properly due for those materials, the client receives a non-exclusive licence to use project-specific deliverables for the agreed property and purpose, subject to any third-party rights and agreed design contract.

12.3 We process personal information in accordance with our Privacy Notice, UK GDPR and Data Protection Act 2018. Each party shall keep the other's confidential non-public information reasonably secure, except for disclosures needed for the works or required by law.

13. Complaints, notices and disputes

13.1 Please raise problems promptly with Embury Ltd at info@emburyservices.co.uk. We will acknowledge and investigate in a reasonable time, arrange an inspection where appropriate, and aim to agree a practical remedy.

13.2 The parties should first try to resolve disagreements through discussion and, if appropriate, an agreed independent mediation route. We do not claim membership of a particular ombudsman scheme unless confirmed separately. Either party retains access to courts and statutory processes where applicable.

13.3 Formal notices may be sent to the postal or email addresses recorded in the Project Agreement. The contract is governed by the law of England and Wales, subject to mandatory consumer protections.

14. General

14.1 No change to agreed price or scope is binding unless recorded in writing, except as allowed by applicable law. If part of these terms is unenforceable, the remainder continues so far as lawful.

14.2 Subcontractors may be used under Embury's direction and responsibility. No transfer of the entire contract to a different supplier will occur without the client's agreement where required by law.

14.3 The version incorporated into the signed Project Agreement applies to that project; later website updates do not retrospectively alter an existing contract.

15. Detailed client obligations and site logistics

15.1 The client must provide accurate site and ownership information, access arrangements, a responsible decision-maker, safe working space, reasonable storage and usable water and electricity without charge unless the quotation states otherwise. The client must disclose occupants, pets, vulnerable persons, known asbestos, damp, structural concerns, defects, underground services and other material risks known to them.

15.2 The client must clear work areas and remove valuables, furniture and personal effects before commencement, or agree in writing for us to move or protect specified items at an additional charge. We will exercise reasonable care with items we agree to handle. Ordinary construction dust, vibration, noise and temporary loss of use cannot always be prevented.

15.3 Parking reasonably close to the property (normally within 20 metres where available), permits, congestion/ULEZ charges, skip or highway licences, welfare/toilet facilities, scaffolding licences and special access equipment are included only where specifically stated in the quotation. Additional properly incurred costs arising from site-specific restrictions will be evidenced and agreed where practicable.

15.4 The client must ensure necessary freeholder, leaseholder, neighbour, party wall, planning and other consents are obtained by the party identified in the quotation. Our work does not waive those requirements. We may reasonably postpone affected works until required approvals are available.

15.5 The client must communicate instructions through an identified authorised representative and treat site personnel respectfully. Threats, abuse or unsafe interference may justify suspension on reasonable notice, or immediate suspension where safety requires it.

16. Instructions, design decisions and variations

16.1 The signed scope, specifications and any listed exclusions determine what is included. Client assumptions, informal discussions and images do not add to scope unless expressly recorded in the contract. Information we give that is legally binding under consumer law remains binding.

16.2 Requests from the client, designer, architect, engineer, building control or a third party that change quantities, construction method, sequencing, programme or specification are variations unless already included. Embury will identify cost and likely programme impact and seek written approval before carrying out the variation, save proportionate emergency protection under clause 5.4.

16.3 An email or electronic variation approval from the designated client representative counts as writing. Silence does not constitute approval. If a variation is not agreed, we may continue unaffected contracted works where practicable and lawfully suspend the affected portion pending instructions.

16.4 Client changes made after ordering materials or booking specialist labour may lead to demonstrable cancellation, restocking, redesign, storage and remobilisation costs, subject to reasonable mitigation and consumer law. No additional charge arises merely because Embury has made an estimating error on a fixed-price item.

16.5 Any savings from omissions or substitutions will reflect the cost of works not carried out, less reasonable already incurred and unavoidable costs, and will be confirmed by written variation.

17. Hidden conditions, existing structures and specialist works

17.1 Quotations generally rely on visual access and disclosed records; unless expressly included, concealed voids, structural elements, drainage routes, roof build-ups, foundations, existing electrical/plumbing installations and substrate integrity have not been destructively surveyed.

17.2 Where hidden defects, unsafe conditions, unsuitable substrates, contaminated materials, noncompliance or unexpected services are found, we will photograph or otherwise document findings where reasonably possible, make safe where necessary, and propose options with prices and programme effects before proceeding with additional remedial work.

17.3 Existing damp, mould, water ingress, movement, defective drainage, roofing and previously installed works can have multiple causes. A repair only covers the expressly specified intervention and does not guarantee that unrelated or undiscovered causes have been eliminated. We remain responsible for our own workmanship and express commitments.

17.4 Specialist design, structural, fire, acoustic, thermal, mechanical and electrical performance depends on the agreed specification, third-party design and applicable inspections. Responsibility for appointing designers and obtaining approvals must be assigned in the contract; nothing removes statutory duties placed on Embury.

17.5 Client-directed work contrary to professional safety advice will not be undertaken where unsafe or unlawful. The parties will agree a compliant alternative or address the affected scope through the termination/change provisions.

18. Delay, extensions of time and additional costs

18.1 We will notify the client promptly of material delays and the reason, likely effect and reasonable mitigation. Dates described as estimates are not guarantees; any expressly fixed completion date is subject to agreed changes and lawful extensions only.

18.2 Where progress is impeded by late approvals, unavailable access, client selections or client-appointed trades, variations, latent conditions, unsafe weather, supply disruption or events beyond reasonable control, we may request a fair extension equal to the actual effect on the critical sequence, allowing for mitigation and concurrent delays.

18.3 Proven additional cost of delays attributable to client default, including repeat visits, idle booked specialists, temporary protection, storage or remobilisation, may be charged only where reasonable, causally connected, not already priced and properly evidenced; we will tell the client in advance where practicable.

18.4 If a suspension exceeds 20 working days for a reason outside Embury control, the parties will discuss revised programme, storage, demobilisation and an agreed restart plan. Neither party loses a legal right to terminate for serious breach or unreasonable delay.

19. Payment administration, retention and completion

19.1 The payment schedule in the signed agreement must state precise amounts or ascertainable valuation stages, due dates and VAT. No generic percentages in these terms override that schedule. Where a statutory construction payment regime applies, its mandatory payment notice, pay-less notice, suspension and adjudication requirements take precedence.

19.2 A deposit or date reservation payment is credited against the price. On cancellation, sums may be retained only to the extent lawfully recoverable for actual or reasonably estimated loss and agreed work, having accounted for saved costs and reasonable mitigation; any excess will be returned.

19.3 The client must promptly identify any disputed invoice item and grounds in writing. The parties will seek to resolve it without unreasonably withholding payment of undisputed sums, but this does not prevent lawful set-off, withholding or other statutory rights.

19.4 Consumer late-payment interest, if claimed, will be at a reasonable rate expressly identified in the signed schedule (otherwise none is imposed by these terms); commercial debts may carry statutory interest and fixed recovery compensation where the relevant law applies. Recovery charges must be lawful and reasonable.

19.5 Practical completion means the agreed works are substantially complete and reasonably usable for their intended purpose, subject to minor defects not materially preventing use. We will arrange a joint inspection and reasonable snag list. Signing a completion record does not remove statutory rights or prevent notification of latent defects.

19.6 The payment schedule must identify whether any retention applies, its percentage and clear release events. Retention is not assumed. Snag items will be addressed in a reasonable period, taking account of materials access and weather; a reasonable mutually agreed amount may be held against genuinely outstanding items where lawful.

19.7 Statutory certificates and safety documentation will be issued in accordance with applicable legal requirements and professional rules; no provision permits unlawful withholding of mandatory documents due to a payment dispute.

20. Materials, supplier delays and third-party products

20.1 The quotation must distinguish materials supplied by Embury from client-supplied goods. Client-supplied goods remain the client's procurement responsibility, including suitability, dimensions, availability, warranty and delivery, except for matters we expressly undertake or defects we cause.

20.2 We will take reasonable care when handling client goods. Missing, late, damaged or incompatible client-supplied items may justify an agreed change to price or programme; we will flag incompatibilities reasonably apparent to a competent installer.

20.3 Supplier/manufacturer warranties supplement and do not replace rights against Embury where we are legally responsible. Title to unincorporated identifiable goods may remain with Embury pending payment only to the extent lawful; no automatic right of entry or removal of incorporated materials is created.

20.4 Availability and prices of long-lead goods are based on supplier information at quotation. Material changes to provisional allowances or client-selected specifications require prior approval; a fixed quotation price is not unilaterally increased without lawful contractual basis.

21. Defects, exclusions and fair liability allocation

21.1 The 12-month voluntary workmanship period in clause 8.2 is additional to, not a substitute for, statutory rights. It covers attributable defects in Embury's workmanship and does not cover ordinary wear, misuse, lack of maintenance, unauthorised alteration or unrelated failure in existing components, unless the law requires otherwise.