The applicable rate is 8% per annum above Bank of England base rate from time to time. In addition Indus Aluminium will, after the expiry of seven days from the giving of written notice to this effect to the Customer, have the right (without prejudice to any other right or remedy) to suspend performance of all or any of its obligations under this or any other contract with the Customer (including the provision or execution of guarantees and/or warranties) until such outstanding sum, including the said interest, compensation and costs, is paid.

(m) Where the right referred to in Condition 7(l) is exercised in respect of this contract, the Customer shall be liable to pay to Indus Aluminium a reasonable amount in respect of costs and expenses reasonably incurred by Indus Aluminium in the exercise of the right.

(n) Any period during which performance is suspended in pursuance of, or in consequence of the exercise of, the right referred to in Condition 7(l) shall be disregarded in computing for the purposes of any contractual time limit the time taken by Indus Aluminium or by a third party, to complete any work directly or indirectly affected by the exercise of the right. Where the contractual time limit is set by reference to a date rather than a period, the date shall be adjusted accordingly.

(o) Indus Aluminium reserves the right to refuse to execute any order or contract if the arrangements for payment of the Customer's credit are not satisfactory. In the case of non-payment of any account by its final date for payment or in the case of death, incapacity, bankruptcy or insolvency of the Customer or when the Customer is a Limited Company, in the case of liquidation or the appointment of a receiver, the purchase price of all goods delivered to date and/or any sums already due from the Customer shall become due and payable immediately from the Customer and in addition the Contractor has the right to cancel every contract made with the Customer or to cancel, suspend or discontinue delivery of goods and materials for same. This provision acts without prejudice to the Contractor's right to recover any loss sustained, caused by the above circumstances.

(p) VAT shall be added to all payments (except in respect of interest) at the rate current at the tax point.

8. Insurance

Both Indus Aluminium and the Customer will arrange and keep in force insurance sufficient to cover their respective risks and liabilities in respect of all damage and injuries to property and persons on site from the commencement of the Works. Without limiting the above, although Indus Aluminium will take reasonable care to prevent damage by rain, wind, etc., Indus Aluminium will not be liable for any loss or damage caused by any such risk.

9. Time for Completion

(a) Indus Aluminium will use reasonable endeavours to ensure that the Works are completed within the time (if any) stated in the Quotation, otherwise within a reasonable time. Quotations are based on normal working hours Monday to Friday 8am to 5pm.

(b) Work carried out at other times shall give rise to entitlement by Indus Aluminium to recover the reasonable additional costs of overtime.

(c) Indus Aluminium shall be entitled to recover loss and/or expense if the regular progress of the Works is materially affected due to a deferment in giving possession of the site or a relevant part of it, or to the postponement by the Customer of any work, or to the Customer's instructions in regard to the expenditure of provisional sums, or to variations, or to any impediment, prevention or default by the Customer. The amount of any such loss and/or expenses shall be added to the contract sum and may be included in applications for payment/invoices/payee payment notices given by Indus Aluminium.

(d) Time for completion shall be subject to adjustment as provided by Condition 7(n) of this contract.

10. Defects

Indus Aluminium will rectify at its own cost any defects or faults which appear and are notified by the Customer to Indus Aluminium in writing within 12 months of completion of the Works and which are due to defective workmanship by Indus Aluminium or defective materials supplied by Indus Aluminium. Indus Aluminium shall be afforded reasonable opportunity and facilities to investigate such claims.

11. Consequential Damage

Indus Aluminium will take reasonable care to specify and supply materials of adequate quality and to complete the Works in a good and workmanlike manner but will not be liable for any consequential loss or damage suffered by the Customer however arising. In particular, due to the nature of the Works, it is impossible for Indus Aluminium to guarantee that the site or the Customer's property will at all times during the Works be wind and water tight and/or protected from the elements. Indus Aluminium will at all times use its best endeavours to ensure that the works are as watertight as possible.

12. Liability

Indus Aluminium's liability for death or personal injury to any individual caused by negligence of Indus Aluminium or its subcontractors or agents is not limited. Without prejudice to the above, the maximum liability of Indus Aluminium for all other events shall not exceed the contract price.

13. Cancellation

The Customer shall not be entitled to cancel any order once a contract with Indus Aluminium has been formed save where the Customer pays Indus Aluminium its reasonable costs incurred and its loss of profit arising from such cancellation.

14. Disputes

(a) This is a construction contract within the meaning of s.104(1)(a) of HGCRA.

(b) Whether or not the Works relate to operations on a dwelling which the Customer occupies, or intends to occupy, as his or her residence any dispute arising from this contract may be referred by either party for adjudication under a procedure complying with ss.108 and 108A of HGCRA and/or the adjudication provisions of The Scheme.

(c) Either party may refer a dispute to adjudication at any time under the HGCRA following the rules and procedures of The Scheme. The Decision of the Adjudicator shall be binding on the parties until the dispute is finally resolved by way of agreement or by Arbitration under the CIMAR rules.

15. Jurisdiction

This contract is governed by the law of England and Wales.

16. E&OE

Errors and omissions excepted.