- Parties, Definitions
and interpretations In
these terms and conditions (which are referred to in this document as “The Terms”) the words and
expressions used shall have the meanings as specified:
1.
“Us”
or “We” or “Our” shall mean BT Repair And Handyman Services.
2.
“You” and
“Your” shall mean the customer (for the avoidance of doubt this can be an
individual, two or more individuals or a company, group, partnership or other
organisation). In the event that the customer is
more than one person the obligations and liabilities
under this agreement are joint and several.
3.
“The
Contract” shall mean the agreement between You and Us to carry out the Works to
which the Terms shall apply.
4.
“The Works”
means the works described in Our estimate and/or as referred to in Our [works
detail sheet] or any other document or email issued by Us, as may be varied by
agreement in writing between the parties.
5.
“The
Additional Works” shall mean works that did not form part of the original
estimate given by Us and are works that have been deemed necessary by Us, You
or a third party, or works that are a result of You
changing Your initial
instructions to Us.
6.
For the
purposes of these terms, “in writing” includes by email and any document which
is set in a hand-held device and any signature on a hand-held screen shall be
treated as being in writing.
7.
Words
importing one gender import any other gender words importing the singular
import the plural and vice versa and any reference to a person includes a
reference to a company authority board department or other body.
- Your Responsibility
You will
1.
Provide clear
access to allow us to undertake the Works and provide a safe working
environment at all times for Us and our employees, agents and sub-contractors
engaged for the purpose of carrying out the
Works
2.
Ensure that
all furniture, furnishings, fixtures and fittings and other items are removed
so that We can carry out our work. You will cover and protect all furniture,
furnishings, fixtures and fittings and other items
which are not removed by
You. Any furniture , furnishings , fixtures and fittings and other items which
are not removed are left entire lyatY our risk and We shall not beliable for
any damage to such items how so ever
cause.
3.
Obtain the
necessary permissions and consents (for example purposes only, consents from
Your landlord and/or the Local Authority) that are required before the Works
are carried out. By agreeing to the Contract
You warrant that You have obtained such permissions
and consents as are required.
4.
Obtain any
permission necessary to carry out the Works on property belonging to a third
party, or enter into or upon property belonging to any third party. By agreeing
to the Contract You warrant that You have
obtained such consent as may be required.
5.
Ensure that
We can obtain access to Your property at dates and times agreed with You, Your
agent, Your tenant, or any other person.
6.
You will
indemnify Us against any claims of whatever nature brought as a result of your
failure to obtain the permissions and/or consents as described in clauses 2.3
and 2.4 above.
7.
You will be
liable to Us as a result of the failure or delay in obtaining the necessary
permissions and/or consents as referred to in clauses 2.3 and 2.4 above and
will keep Us fully indemnified for all loss or damage whether direct, indirect
or consequential.
- Estimates
1.
We shall
provide you with a written estimate. For the avoidance of doubt a written
estimate is not a fixed price quotation, it is a likely estimate of the costs
based on the information made available to Us at the time the estimate was
given.
2.
We reserve
the right to revise any estimate in the following circumstances:
1.
You change
Your instructions and/or the scope of the Work required;
2.
There are
unforeseen circumstances and/or the Works become unduly complicated and/or
protracted;
3.
Further works
are required in order to carry out Your original instructions;
4.
If there is
an increase in the price of the materials and/or any tax or duties payable on
materials that We will supply to You as part of the Works.
3.
Any estimate
issued by Us will be automatically withdrawn unless accepted by You within 6
calendar weeks of the date of the estimate.
4.
If during the
course of the Works any Additional Works are to be undertaken by Us, We will
provide You with an estimate for the Additional Works and will only carry out
such Additional Works until we have your
written acceptance. We reserve the right to request
money on account of such Additional Works in accordance with clause 9.2.
- Declining instructions
1.
We reserve
the right to decline instructions and/or cease to carry out the Works or the
Additional Works in the following circumstances:
1.
Any existing
heating system and/or boiler is over ten years old and We are not being
instructed to install a new boiler and complete system throughout the property;
2.
You instruct
Us to carry out Works or Additional Works that is against our professional
advice and/or in contravention or industry safety standards, statute,
regulations, industry standard codes of practice or regulatory body codes of
practice.
- Your Liability and
Indemnity
1.
Without
limitation to clause 2 above, You shall be liable:
1.
For any loss,
damage or injury, whether caused or suffered directly or indirectly, resulting
from a failure or delay by You in performing Your obligations under the
Contract.
2.
To indemnify
Us against all actions, suits, claims, demands, charges, costs, losses and
expenses which We may suffer or incur as a result of, or in connection with
3.
For Any claim
by a third party resulting from a breach of Your obligations, representations
or warranties
4.
For Any
breach by You of Your obligations under the Contract. For the avoidance of
doubt this is to include, but is without limitation to, any legal costs
incurred in the recovery or attempted recovery any monies or payment due by You
under the Contract or the return of any goods or equipment by You under the
Contract.
- Our Liability and
Indemnity
1.
Our liability
shall be limited to the cost or repair or making good any damage caused to Your
plaster floors or brickwork as a result of Our negligence. For the avoidance of
doubt We will not be liable for damage to any furniture, furnishings, fixtures
and fittings and other items left at or in the property under clause 2.2 above
or damage to any paintwork or wallpaper.
- Exclusions
1.
We do not
undertake any structural or other type of building survey. If the Works and/or
the Additional Works cannot be completed because of structural or other defects
to Your property then we cannot be held liable for this. Further, We cannot be
held liable for any damage caused as a result of structural defects to Your
property.
2.
Any Guarantee
offered by Us is only applicable to Works carried out in mainland UK.
3.
Any Guarantee
offered by Us in invalidated if any Works, parts or equipment supplied to you:
1.
suffers
misuse
2.
is treated
negligently
3.
is used
inconsistently with either Our or the manufacturers instructions
4.
is repaired
or modified by anyone other than Us
5.
is tampered
with or customised by anyone other than Us.
4.
For the
avoidance of doubt, this clause operates to terminate Our Guarantee to You from
the time of the occurrence of any event listed in clause 7.3 above. This clause
is to apply without exception and will remain operative even if a suitably
qualified and/or regulated or registered third party attends to, or attempts to
attend to, the Works, parts of equipment.
5.
We cannot
guarantee any existing radiators, pipe work or valves installed at Your
property prior to the Contract.
- Retention of Title
1.
Any goods,
parts or materials supplied by Us under the Contract remain Our legal and
equitable property until paid for in full by You.
2.
We do not
authorise any sub-sale of any goods, parts or materials that remain our legal
and equitable property.
3.
The risk in
any goods, parts or materials shall pass to You from the date that We deliver
the goods, parts or materials to You.
4.
You accept
that We have the right to re-possess any goods, parts or materials that are not
paid for in full by You.
5.
We reserve
the right to enter Your property to collect and/or reclaim any goods, parts or
materials that remain Our property. You agree to grant Us the right of entry.
- Payment
1.
Full payment
is due by You on completion of the Works.
2.
Notwithstanding
clause 9.1 We reserve the right to request payment on account of 50% of Our
estimate at the beginning of the Contract should We be required to supply
materials and/or goods as part of the Works.
3.
On completion
an invoice will be issued to you. Our invoice payment terms are strictly 14
days from the date of the invoice.
4.
If You
do not pay Us within the time specified in clause 9.3 then we reserve the right
to charge interest on a daily basis at the rate of 10% per annum on any amounts
unpaid after the final deadline for payment by You. Such interest will continue
to accrue until payment in full is received from You.
5.
We shall not
be required to submit or deliver to You any certificates, guarantees or other
similar documents regarding the Works until payment has been made in full.
6.
VAT is
payable at the current rate applicable at the date when the invoice is issued.
- Termination by Us
1.
We are
entitled to terminate the Contract if You ask us to carry out Works or
Additional Works as referred to in clause 4.1(b).
2.
In the event
that we terminate the Contract under Clause 9.1 We shall notify You in writing
of the termination.
3.
Upon such
termination You will remain liable for our costs, including labour, equipment,
parts, hire or other such costs incurred by Us up to and including the date of
termination.
- Cancellation by You
must be exercised by personally delivering or sending (including
electronic mail) a cancellation notice within 7 days.
1.
In the event
that you agree to have works commence before the end of the cancellation
period. If you choose to do so you may be required to pay for the goods or
services supplied before the end of the cancellation period.
- Entire Agreement
1.
All estimates
given by Us and orders and instructions given by You are governed by the Terms.
The Terms supersede any other terms appearing elsewhere and override and
exclude any other terms stipulated incorporated or referred to whether in
instructions, negotiations or any course of dealing.
2.
The Contract
shall constitute the entire understanding between You and Us.
3.
No
modification to the Contract shall be effective unless it is made expressly in
writing and signed by both parties.
4.
You
acknowledge that We have not made any representations (other than those
expressly contained in the Contract or estimate) which have induced You to
enter into the Contract.
5.
Nothing in
this Contract is intended to confer on any person any right or benefit to a
third party and accordingly a person who is not a party to the Contract will
have no right to enforce any of its terms.
- Force Majeure
1.
We will use
all reasonable endeavours to carry out the Works on the agreed dates and/or
within the Contract but shall not be liable under any liability to You if it
should be either impossible or impracticable to carry out the Works either on
the agreed dates and/ oratall , by reason of strike , industrial dispute ,act
of Godor any other event or occurrence that is beyond Our control.