Terms of Business
These Terms of Business (“Terms”) govern all engagements, contracts and services provided by CNX Services Limited(“CNX”, “we”, “our”) to its clients (“Client”, “you”, “your”). By instructing CNX to provide subcontractor, construction, refurbishment, groundwork, structural, concrete or flooring services, you agree to be bound by these Terms.
1. Definitions
For the purposes of these Terms:
- “Services” means all work performed by CNX, including but not limited to subcontracted construction, groundworks, steelwork, concrete works, resin flooring, refurbishment, strip-outs, project support and related activities.
- “Contract” refers to any formal or informal agreement between CNX and the Client for the provision of Services.
- “Site” means any premises where Services are to be performed.
- “Personnel” means CNX employees, subcontractors, consultants or agents involved in the delivery of Services.
2. Scope of Services
2.1 CNX shall provide Services as agreed in the Contract, which may be confirmed in writing, email, or verbal instruction.
2.2 Any changes to the scope of Services must be agreed in writing by both parties.
2.3 CNX reserves the right to subcontract any part of the Services to competent third parties, while remaining responsible for quality and delivery.
2.4 CNX may provide advisory or support services as requested, but these do not constitute professional design or engineering advice unless explicitly stated.
3. Engagement and Acceptance
3.1 The Client engages CNX by issuing a purchase order, instruction, or acceptance of quotation.
3.2 CNX may accept or decline any engagement at its discretion.
3.3 These Terms prevail over any Client terms unless specifically agreed in writing.
4. Health, Safety and Site Rules
4.1 The Client shall ensure that all Sites are safe and comply with applicable health and safety regulations.
4.2 CNX Personnel will comply with all Site rules, risk assessments, and method statements.
4.3 CNX shall not be liable for delays, damages, or costs arising from unsafe or non-compliant Sites.
5. Payment Terms
5.1 Unless otherwise agreed, payment is due within 30 days of invoice date.
5.2 CNX reserves the right to suspend Services if payments are not received in accordance with agreed terms.
5.3 All invoices are exclusive of VAT, which will be charged at the prevailing rate.
5.4 Any disputed invoices must be notified within 7 days of receipt; undisputed portions remain payable.
6. Variation, Delays and Force Majeure
6.1 CNX may issue a variation request for additional work, which shall be agreed in writing prior to execution.
6.2 CNX is not liable for delays caused by acts of God, extreme weather, strikes, material shortages, or circumstances beyond our reasonable control.
6.3 Time estimates are indicative; CNX shall not be liable for delay damages unless expressly agreed in writing.
7. Liability and Indemnity
7.1 CNX shall perform Services with reasonable skill and care, consistent with industry standards.
7.2 CNX excludes liability for indirect, consequential, or economic losses.
7.3 The Client shall indemnify CNX against claims arising from misuse, improper instructions, unsafe Sites, or breaches of law by the Client or other contractors.
7.4 CNX’s total liability under the Contract shall not exceed the total fees paid by the Client for the relevant Services.
8. Insurance
CNX maintains appropriate public liability, employer’s liability and professional indemnity insurance, copies of which are available on request. The Client is responsible for maintaining any additional insurance required for the Site or project.
9. Confidentiality
9.1 Both parties shall treat all information shared during the engagement as confidential.
9.2 CNX may disclose information only to Personnel, subcontractors, or authorities as required by law.
9.3 These obligations survive the termination or completion of the Contract.
10. Intellectual Property
All intellectual property created by CNX in connection with the Services remains the property of CNX unless specifically assigned in writing. The Client may use deliverables only for the purpose intended under the Contract.
11. Termination
11.1 Either party may terminate the engagement with written notice if the other materially breaches these Terms.
11.2 CNX may suspend Services immediately for non-payment or unsafe Site conditions.
11.3 Termination does not affect accrued rights, fees due, or confidentiality obligations.
12. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
13. General
13.1 No waiver of any term shall constitute a waiver of future obligations.
13.2 If any provision is found unenforceable, the remainder of the Terms remains in effect.
13.3 These Terms represent the entire agreement between CNX and the Client concerning the Services.