Terms & Conditions

Potenza Group Ltd.

Inclusion of subsidiary companies – Potenza Construction Ltd and Potenza Groundwork Solutions Ltd.

Terms & conditions

The whole of the agreement between the customer and Potenza Group Ltd shall be set out in these terms and conditions to the exclusion of all other terms and conditions.

Where we are able to provide a quote for our services without first needing to inspect the location where our services are to be provided then a contract shall be created between us on your acceptance of our quote, whether by telephone or email, or otherwise.

General

If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful, or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver, and we tell you so in writing.

A person who is not a party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

These Terms shall be governed by English law and you, and we both agree to the exclusive jurisdiction of the English courts.

Work

The Contractor (Potenza Group Ltd) will provide a written quotation, which will include sufficient detail for the completion of the works. If any clarification is required, please contact us so that we can provide it. Extra work can be provided subject to a written confirmation including costs. Under no circumstances will work be carried out that is not specified in the Scope of Work. Additional materials costs will be passed on to the Client. It is the customer’s responsibility to arrange planning permission, building control and any utility changes, however with written confirmation Potenza Group Ltd can act as agent for client liaising with above authorities and/or third parties. If planning permission is required for the work, we Potenza Group Ltd will request to see proof that this has been agreed prior to commencement. Continuous operation of works for the duration of the contract. The Contractor will not be held liable for any costs incurred because of delays due to unforeseen circumstances. 

Data protection

We will only use the personal information you provide to us to provide the services, or to inform you about similar services which we provide unless you tell us that you do not want to receive this information. All client information is retained in accordance with the data Protection act 1988 and is kept confidential.

All works carried out by Potenza Group ltd and subsidiary companies will be photographed, prior to commencement, during and once completed; clearly showing progress of works. These photographs are records for both you (the client) and Potenza Group Ltd. 

We reserve the right to use these pictures for our portfolio, marketing and advertising purposes, If you are not happy with this, please notify us prior to commencement of works via e-mail or telephone.  

Provision of services

Unless we are prevented from doing so by a Force Majeure Event, we will provide services with reasonable care and skill.

We will make every effort to provide the services on contract dates provided but there may be delays due to circumstances beyond our control. In this case, we will inform you with the new commencement of works date as soon as reasonably possible. All services that Potenza Group ltd provide will be bought to a satisfactory conclusion as soon as possible taking into account weather conditions and availability of certain materials. 

Potenza Group Ltd will only work within the specified days stated within the contract, if the works are delayed for any reason and or out of specific working days then we may make an additional charge of a reasonable sum to cover any extra work or costs that are required. 

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-occurrence, omission, or accident beyond our reasonable control and includes, in particular (without limitation), the following (a) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (b) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters; (c) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (d) impossibility of the use of public or private telecommunications networks.

Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.

Payment

All payments to be made in accordance with contract, on larger projects interim payments will need to be paid upon receipt of invoice, ensuring a continuous operation of works. Payments are to be made via bank transfer at earliest convenience once invoiced, details of payment method will be clearly stated on invoice. Time for payment of our invoices shall be of the essence of the contract.

Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of any other further services to you until you have paid the outstanding amounts.

You shall pay all amounts due in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off, or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. Should any amount due become over 7 days overdue then we reserve the right to require immediate payment of all amounts due regardless of the due date on the invoice.

We reserve the right to charge interest on any unpaid balance at the rate of 8% above the base rate as set from time to time by The Bank of England. 

We may invoice you at any time after we have provided the services. We do not assume liability of any works and materials used will remain the property of Potenza Group Ltd (inclusion of subsidiary companies) until payment for the contract has been made in full.  Upon completions of the works a satisfactory document will be signed by both you 

(the client) and an authorised individual from Potenza Group Ltd, this record  can be used by the property owner if and when they decide to sell clearly showing works carried out.

Limitations of liability

Potenza Group Ltd will accept no liability for the implied legality of any service that we carry out. No opinion or purported advice offered by any Potenza Group Ltd employee or representative should be relied upon in the assessment of legal compliance. By carrying out any service as instructed by a customer we do not convey any warranty of legality of the service in any way. The customer should ensure that any instructions given to us are lawful and the customer agrees to indemnify Potenza Group Ltd against any losses or liabilities arising from a dispute of property or any other legal dispute.

This clause does not exclude or limit in any way our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.

Subject to the preceding, under no circumstances whatsoever shall we be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract; and (b) our total liability to you in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of our services under the contract in question.

Due to the nature of the service, we cannot guarantee that no damage to property will occur during the contracted works process. The customer should inspect the working area once our works are complete and notify the team of any damage before the team has left the site. Any such damage must also be notified in writing to Potenza Group Ltd within 7 days of completion. We will not accept liability for any damage that is not notified to us within this time.

Termination

We may terminate the arrangement between us at any time. All contracts between you and Potenza Group ltd includes a deposit, whereby the client can cancel the project within 14 days. The client will be reimbursed all monies minus any “specialist pre-ordered materials”. We are not liable for any “other” losses you the client may incur.