1 – PARTIES
1.1 For the purposes of these terms and conditions (“Ts & Cs”), “Client” shall mean the Client whose name and details appear in the Agreement to which these terms are a Schedule and “Contractor” shall mean Housecraft Handyman (“The Company”) with whom the Client contracts upon the following terms and conditions in respect of the services to be provided.
1.2 All estimates and quotations given by The Company, all orders and instructions given by the Customer, and all work authorisations, are governed by these terms. They supersede any other terms appearing elsewhere and override and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in the order or instructions or in any negotiations or in any course of dealing established between the Company and the Customer, except where these terms are a schedule to a signed Agreement between the Customer and the Company, in which event these terms apply only to the extent not inconsistent with that Agreement.
2 – GENERAL
2.1 The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Customer those works shall be undertaken by the designated operative of Company at its absolute discretion.
2.2 If any provision set out in these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provisions held invalid shall not be affected.
2.3 These Terms and Conditions shall be governed and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Courts.
3 – CHARGES BY TIME TAKEN (“Hourly rolling Rates”)
3.1 The total charge to the Customer shall consist of the cost of materials supplied by the Company (not exceeding the purchase price of materials + 25%) in addition to the amount of time spent by the operative in carrying out works both onsite and offsite (including all reasonable time spent in obtaining unstocked materials) charged in accordance with the Company’s prevailing rate card.
3.2 At the time of booking, we will estimate to the best of their ability and based on the information provided by the Customer the likely duration and scope of the work to be carried out. We will then reassess the scope of work on arrival and on-going through the work and, if further time is likely to be required, will inform The Client as soon as possible of any changes and the reasons for them.
3.3 The Client shall only be charged for the time spent related to the Client’s work. The Client will be charged for all half hour periods fully or partly used (subject to minimum of 1 hour).
3.4 Any parking fees will be passed on to the Client at cost.
3.5 Time required to source materials for a job will be included in the time taken to carry out the job. Any material sourcing will be discussed and communicated with the client as part of the scope of work for the job.
3.6 Unless otherwise specified by The Company in the relevant estimate, an estimate is not a firm or fixed price quotation. It is an estimate of the likely cost of the Works, based on the information made available to The Company. The Company’s final price will be calculated on the basis specified in the estimate, if any, or if none, in accordance with The Company’s Schedule of Rates applicable at the time the Works are carried out and may be increased above or reduced below the specified price. Furthermore, The Company reserves the right to increase the price before carrying out the Works by an amount equivalent to any increase to The Company in the cost of relevant materials, parking, equipment hire or transport since the date upon which The Company’s estimate, written, emailed or oral, was given, save that if this would increase the estimated price by more than 10%, the Customer may cancel the Contract provided it does so before the Works are begun, any relevant materials are ordered or any relevant equipment is hired.
3.9 Any estimate which may be given either verbally or in writing by The Company is subject to withdrawal by The Company at any time before receipt of an unqualified acceptance from the Customer and shall be deemed to be withdrawn unless so accepted within thirty (30) days from its date
4 – FIXED PRICE WORK
4.1.1 Fixed day rates: Day fixed price rates are discounted and apply, if thus booked, regardless of whether the time taken for the job is less than the time booked, at the Company’s discretion.
4.1.2 If the work takes longer than the designated 7 hour duration, then labour charges will be added at the Company’s rolling half-hourly rate.
4.2.1 Quote work: Fixed Price Quotes shall be presented as a firm cost payable by the Client. It is subject to change / variation in the following circumstances:
- If the Client changes the scope or scale of works subsequent to the signing of the quote
- If the price of materials is increased subsequent to the signing of the quote but before purchase
- If it becomes clear before or during completion of works that hidden issues have come to light which could not have been anticipated at the time of signing eg problems inside a wall or under a floor
- If there is a clear and manifest error in the quote in which case the law of quantum meruit applies
- Any parking costs will be added to the bill once the final payment falls due and do not constitute part of the fixed price quote.
4.2.2 All variations to fixed price quotes must be made in writing. Orally agreed changes are not enforceable by either party.
4.2.3 On agreement of a fixed price quote, 50% of the consideration will be due ahead of the work commencing with the balance being due on completion. All quotes must be seen and agreed personally by the individual responsible for settling the bill as well as any representative thereof.
4.2.4 Cancellation of formally agreed quoted work: If the Customer cancels their instructions after formally accepting quoted work prior to any work being carried out or materials supplied then the Customer shall be liable for any related expenditure on both labour and materials.
5 – CANCELLATION
5.1 A cancellation charge will apply if the Customer cancels as follows. A full refund minus a £5 admin fee for bookings cancelled up to 2 working days before the work. 50% refund for 2 – 1 working days notice and no refund for less than 1 working days notice.
5.2 Cancellation of work once we have arrived on site, assuming all reasonable efforts have not been made to alert the Company in advance, or if we are unable, through no fault of our own, to gain access to the Customer’s premises to carry out the Works, will incur the full cost of the booked appointment, at the discretion of the Company.
5.3 All cancellation penalties will also include the cost of any materials purchased for the purpose of the proposed work if that work is not subsequently rescheduled and the materials used therein.
6 – PAYMENT
6.1 Invoices are due for payment immediately upon delivery to the Customer. Payment must be made by cash, card or BACS. There will be a 2.5% service charge for any card transactions. Any part of that invoice which remains unpaid shall carry interest at the rate of 4% over the base rate until payment in full is received by the Company.
6.2 For account / invoice / credit customers, the Invoice is due for payment within 30 days of the Company’s issue of the invoice.
6.3 Where the Customer is represented by a third party (such as a managing agent, contractor or other representative), in the event of non-payment by the Customer, the third party will be responsible for payment unless The Company has agreed otherwise in writing.
7– GUARANTEES
7.1 If, after the Company shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 12 months to the Company & shall afford the Company, and its insurers, the opportunity of both inspecting such works, & carrying out any necessary remedial works if appropriate. The Customer accepts that if they fail to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.
7.2 The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturers warranty in force. The Guarantee will become null & void if the work/appliance completed/supplied by the Company is:
(a) Subject to misuse or negligence.
(b) Repaired, modified or tampered with by anyone other than a Company operative. The Company will accept no liability for, or guarantee suitability, for materials supplied by the Customer & will accept no liability for any consequential damage or fault.
7.3 The company will not guarantee any work in respect of blockages in waste & drainage systems etc.
7.4 The company will not guarantee any work undertaken on instruction from the customer & against the written or verbal advice of the operative/engineer. Work is guaranteed only in respect of work directly undertaken by the company, and when payment in full has been made. The company shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out
8 – FORCE MAJEURE
8.1 The Company will use all reasonable endeavours to carry out the Works on the agreed dates but shall not be under any liability to the Customer if it should be either impossible or impracticable to carry out the Works on the agreed dates or at all, by reason of strike, lock out, industrial dispute, act of god or any other event or occurrence beyond The Company’s control.
8.2 All exterior work is booked under the assumption that weather conditions will be suitable upon the agreed date. Unfortunately the contractor has no control over the weather conditions and if unsuitable, work will not be carried out but will be started/resumed when appropriate.
9 – CUSTOMER’S LIABILITY
9.1 The Customer shall be liable for:
9.1.2 Any loss, damage or injury, whether direct or indirect or consequential, resulting from failure or delay in the performance of the Customer’s obligations under these terms
9.1.3 Providing all necessary power and a clean water supply for The Company’s use in the execution of the contracted works
9.1.4 The safety of both plant and machinery belonging to or hired in by The Company or its employees, agents, franchisees and sub-contractors and shall indemnify The Company against its loss, theft or damage
9.2 The Customer must let The Company know of any dangerous gases, liquids or other materials or of anything which the Customer believes may present a hazard or danger to any person who is due to carry out the Works before such work is started.
10 – REMOVAL OF WASTE MATERIALS
10.1 Unless agreed in writing between the parties, the Customer will be responsible for the removal from site of all waste materials resulting from the Works
11 – FROZEN PIPES
11.1 The Company will not be liable for any fracture found in frozen pipes attended by The Company.
11.2 The Company will not guarantee to clear blockages occurring in a frozen pipe or drain
12 – WAIVER OF TERMS AND CONDITIONS
12.1 These terms & conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing by a duly authorised representative of the Company & by the Customer. Further, these terms & conditions shall prevail over any terms & conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering into a contact with the Company the Customer agrees irrevocably to waive the application of any such terms & conditions.