Nick@41 Handyman - Terms and Conditions of Business
The following Terms & Conditions detail our commitment to you and our expectations from you:
The Supplier means ‘Nick@41 Handyman’. References to the Supplier in this document are to "we", "our" and "us". The Client means the person or organisation that agrees to buy Goods or Services from the Supplier. References to the Client in this document are to "you" and “your”. Domestic Client means a person that agrees to buy Goods or Services from the Supplier for his/her private residence. Commercial Client means the person or organization that agrees to buy Goods or Services from the Supplier for any scenario other than a Domestic Client. Goods means any Goods offered for sale by the Supplier. Services means any Service provided by the Supplier.
A Contract for the provision of Goods and Services will come into force upon your signature accepting the quotation. These Conditions shall apply to all Contracts for the sale of Goods or Services by us to you to the exclusion of all other terms and conditions including any which you may purport to apply under any purchase order, confirmation of order or similar document. No variation or addition to these Conditions shall be effective unless agreed in writing by us. Nothing in these Conditions affects consumer’s statutory rights. Except as defined in the particular Contract, we reserve the right to amend/modify this agreement or prices, and may discontinue or revise any or all other aspects of the Service at our sole discretion. You reserve the right to cancel the Services or Goods before the new terms are effected.
Estimates & Prices
The price for Goods or Services shall be the price contained in our written quotation. Payment in advance may be required for large value items. Unless otherwise agreed in writing, if it appears during progress of the Work that the estimate will be exceeded by more than twenty five percent (25%) of the total, we will notify you and will not continue with the work unless you expressly authorize us to do so. We reserve the right to revise prices prior to delivery of Goods to reflect any direct or indirect increase in costs to us but if the price has been paid in full prior to delivery no price revision may take place without your prior written agreement. We may request a deposit on large purchases or work subcontracted but will notify on acceptance of Estimate/Quote.
For Domestic Clients payment for Goods and Services is due immediately upon completion. For Commercial Clients all invoices shall be paid in full not more than 30 days from the date of invoice. Time for payment shall be of the essence and any failure to pay shall entitle us to treat the contract as repudiated by you or to delay delivery or further work until paid (in addition to any other remedy). All invoices shall be paid in full free from any deduction for any set off, counterclaim or otherwise howsoever arising. interest on overdue invoices shall accrue from the date payment becomes due from day to day until the date of payment at 5% above bank base rate per calendar month both before and after judgement. Payment may be made by cash or by bank transfer, in Pounds Sterling. If any action or proceedings shall be commenced in which your solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable. Payment shall be made in accordance with the requirements of the Housing Grants, Construction and Regeneration Act 1996.
Warranty and Liability
We will perform the Services with reasonable skill and care, acting in good faith at all times We offer as part of the Contract a 12 month warranty against Goods supplied under the Contract. We offer as part of the Contract a workmanship warranty. The period of this warranty shall range from 012 months depending upon the Service provided and shall be agreed prior to commencing the Contract, e.g. no warranty for cleaning gutters. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services or Goods shall be limited to the charges paid by you to us in respect of the Services or Goods which are the subject of any such claim and provided that you notify us of any such claim within 12 months of it arising. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever. Where you feel there is a risk you should insure the contract works for any event. Faults incurred through abuse (as defined by us) of the Goods and Services provided are not covered by the warranty. Attempted repair or alteration of the Goods and Services provided by us, by another party, immediately invalidates the warranty offered.
Delivery and Provision of Goods and Services
Delivery of Goods shall be made to your address and you shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Whilst every reasonable effort shall be made to keep to delivery dates, time of delivery shall not be of the essence. We shall not be liable for any losses, costs, damages or expenses incurred by you or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date. We shall be entitled to sub-contract all or any part of the Work, but will be responsible for the quality of the sub-contractor’s work.
We may terminate any agreement we may have with you forthwith if you fail to pay any sums due to us as they fall due. We may terminate any agreement we may have with you upon written notice if you breach any of these terms and conditions and you fail to correct the breach within 30 days following written notice from us specifying the breach. We may terminate any agreement we may have with you if you are a company and go into insolvent liquidation, or if you are a person who is declared bankrupt.
Ownership and Risk
The risk in Goods shall pass to you when a contract is made even if the Goods are kept at our premises at your request. We remain the owner of the Goods affected by the contract until we have been paid in full for such Goods. If any payment due under these Conditions is overdue in whole or in part, we may without prejudice to any of our other rights recover and/or re-sell the Goods or any of them and may enter your premises, with your permission hereby confirmed as a condition at contract, by our servants or agents to recover the Goods and you shall be liable for all our costs of so doing. You shall inspect the Goods immediately upon delivery and shall notify us within 24 hours of delivery if the Goods are damaged or do not comply with the contract. If you fail to do this, you are deemed to have accepted the Goods.
We make every effort to ensure that support and advice given to you is accurate and appropriate. However, any advice, suggestion or recommendation offered by us, whether as part of a service / support contract or given free of charge, cannot be guaranteed as accurate or appropriate. We do not guarantee any level of support, response time or availability, unless specified within a separate support contract or service level agreement, agreed by both you and us.
No contract shall be cancelled without our prior written approval and on terms to be determined at our absolute discretion. Where Goods are supplied in accordance with the contract we will not accept their return.
We will not be under any liability whatsoever in the event that we are prevented or delayed from supplying or making delivery of any Goods or Services by any reason or cause beyond our control.
We may retain your personal data, and you authorise us to use your personal data, for the following purposes:
(i) provision of the Service to you; (ii) keeping of a record for a reasonable period after termination of your Service; (iii) operation and enforcement of these Conditions; (iv) providing you with information about other services we offer, subject to your right to opt out of receiving such information on the Order Form; (v) legal compliance including disclosing it to any third party who we reasonably consider has a legitimate interest in any such investigation or its outcome; (vi) instructing a third party to perform a part of the Service.
The allowance of time to pay or any other indulgence by us in respect of payments due to it shall in no manner affect or prejudice our right to payment together with interest provided under these Conditions.
In the event of a dispute between us and you, should we request in writing, you agree to submit the dispute to arbitration in accordance with the Arbitration Acts for the time being in force as a legally binding alternative to court action. No action can be brought, by you, arising out of any contract more than 12 months after the completion of the contract.
These Conditions shall be construed in accordance with English law.