Terms and conditions
In this document the following words shall have the following meanings:
1.1 "Agreement" means these Terms and Conditions together with the terms of any applicable Service Specification.
1.2 "Service Specification" means a statement of work, quotation or other similar document describing the services to be provided by Homes In Hand Ltd.
1.3 "Client" means the organisation or person who purchases service from Homes In Hand Ltd.
1.4 "Agent" means any person(s) legally acting on behalf of the Client.
1.5 "Company" means Homes In Hand Ltd whose registered office is Unit 1, Radiant House, 28-30 Fowler Road, Hainault, Essex, IG6 3UT
2.1 These Terms and Conditions shall apply to all contracts for the supply of Services by the Company to the Client or their Agent.
2.2 Before starting any service the Company shall submit to the Client, or their Agent, a Service Specification, which shall specify services to be performed and the fees payable. The Client, or their Agent, shall notify the Company immediately if they do not agree with the Service Specification. All Service Specifications shall be subject to these Terms and Conditions. Services shall commence once the Company has received from the Client, or their Agent, confirmation by email that the Service Specification and these Terms and Conditions are accepted and agreed. Once these Terms and Conditions have been accepted by the Client, or their Agent, they are irrevocable and cannot be amended without the written consent of the Company.
2.3 Should the Client, or their Agent, cancel the engagement of the Company after the Service Specification has been accepted, the Client, or their Agent, agrees they may be held liable for any costs incurred by the company in relation to the provision of services and/or provision of materials up to the point of cancellation.
2.4 The Company shall use their best endeavours to complete the services within the time frames estimated in the Service Specification, however, the Company shall not be held responsible for any delays caused by any strike, lock-out, fire, flood, inclement weather, default of suppliers in late or incorrect delivery of materials etc. or by any other circumstances beyond the Company’s control or for any loss as the result thereof.
If the Client, or their Agent, or other trades delay the Company’s work, or there is an aborted visit for whatever reason, a charge will be made at the discretion of the Company.
3. BASIC CONDITIONS
3.1 The Company shall provide all labour, materials and equipment necessary for carrying out services, unless stated to the contrary in writing by the Company. However, when mains, electricity or water supply is required it is assumed that reasonable use of the site services, including welfare facilities will be allowed at no cost to the Company.
4.1 Any samples submitted for approval by the Company must be accepted as showing substance and general character only. Equality of the bulk as to colour, size, thickness or shape cannot be guaranteed.
5. STATUTORY REQUIREMENTS
5.1 It is the responsibility of the Client, or their Agent, to obtain any planning permission and/or approval for the said works
under any regulation or byelaw of any local or other statutory authority prior to commencement of the contract.
6. UNLOADING & STORAGE
6.1 The Client, or their Agent, shall be responsible for the receipt, storage and safekeeping of materials and equipment prior to the commencement of work and shall, when requested, provide suitable protective storage for valuable and perishable items. In addition, the Client, or their Agent, shall take all reasonable precautions to ensure against theft of, or damage to, plant and materials during any periods of the Company’s absence from the site works.
7. WORKING HOURS
7.1 All work by the Company is to be undertaken during normal working hours (Monday to Friday), unless agreed by both parties, with unrestricted access to site for continuity of work proper sequence and in an economical manner from commencement to final completion.
7.2 If any works need to be completed outside of normal working hours (Monday to Friday) the Client or their Agent may incur additional costs and this will be agreed by both parties in writing.
8. CONSEQUENTIAL DAMAGE
8.1 Although every effort will be made to supply the best goods or materials of the type specified and provide a high standard of workmanship, the Company shall not be held responsible for consequential damage, howsoever arising, in connection with the work.
This includes, but is not limited to, damage caused by vibration, damage to roads, paths and driveways caused by carriage or storage of materials thereon, and subsequent ingress of rainwater etc.
9.1 All materials brought onto site remain the property of the Company until payment in full has been made for the work
10. RE-USE OF MATERIALS
10.1 Where existing materials are for any reason required to be removed and set aside for later re-use, every reasonable care will be taken during the course of the work, but the Company shall not be held responsible for any breakages or theft of materials. These will be replaced and charged as an addition to the final account.
11. STORM DAMAGE
11.1 Although every reasonable care will be taken during inclement weather to prevent damage by rainwater, wind etc. the Company shall not be held responsible for any loss or damage caused directly or indirectly thereby. The Company reserves the right to delay works where weather conditions could cause damage or harm.
12. VARIATIONS & EXTRAS
12.1 When additional work not covered by the Company’s Service Specification is necessary, the Client, or their Agent, will be informed of the work required in writing together with the additional costs. Once agreed by the Client, or their Agent, in writing to the Company any such additional work will be charged as variations/extras and added to the final invoice by the Company.
13. RULING PRICES
13.1 The Company’s Service Specifications remain valid for acceptance for a period of 14 days unless stated otherwise, thereafter being subject to fluctuations and ruling prices of materials, Labour and insurance etc. Where increased costs will be incurred, the Company reserves the right to revise the Service Specification for re-acceptance by the Client, or their Agent. Unless stated otherwise, prices are exclusive of VAT, which will be charged in addition at the prevailing rate. If the Company has to revisit a property that we have already estimated for, due to no fault of our own, there may be a charge made.
14. LIMITATION OF LIABILITY
14.1 Notwithstanding anything herein contained, the Company shall not be liable to the Client, or their Agent, in any
circumstances whatsoever for any loss of profit, loss of contracts or any other consequential loss.
14.2 No action or arbitration proceedings, whether in contract or tort, may be brought by either party more than one year after the party concerned became aware, or reasonably should have become aware, of the facts constituting a cause of action.
14.3 These Terms and Conditions contain the whole of the Company’s liabilities and all conditions and warranties implied by statute common law or trade usage are hereby excluded.
15.1 The Company reserves the right to arrange for the whole or any part of the works contained within the Service
Specification to be performed by Sub-Contractors.
16.1 The Company and the Client, or their Agent, shall effect and keep in force policies of insurance of adequate amounts against their respective liabilities under statutes for the time being in force in respect of injuries to persons and at Common Law in respect of injuries to persons or property arising out of and in the course of execution of the Contractor’s work and/or arising out of and in the course of the employment of any person emplo yed by either party.
17. CONTRACT WORKS INSURANCE
17.1 The existing structure, together with the contents thereof, owned by the Client, or their Agent, or for which they are responsible, and the works and all unfixed materials and goods, delivered to, placed on or adjacent to the works and intended for the works (except temporary buildings, plant, tools and equipment owned or hired by the Company or any sub-contractor) shall be at the sole risk of the Client, or their Agent, as regards: loss or damage by fire, lightning, explosion, storm, tempest, flood, bursting or overflowing of water tanks, apparatus or pipes, earthquake, aircraft and other aerial devices or articles dropped from same, riot and civil commotion and the Client, or their Agent, shall maintain adequate insurance against these risks.
18. TERMS OF PAYMENT
18.1 The Client or their Agent will pay the Company’s fee as set out below:
Within 30 days of completion of the services.
Works totalling more than £1,500 will require a 25% deposit towards materials and/or labour and works totaling more than £3,000 will require a 50% deposit towards materials and/or labour, unless otherwise agreed by the Company.
Any complaints of workmanship or materials used, including but not limited to, parts for appliances and sanitary ware must be raised within 14 days of completion of works.
18.2The Company’s payment terms are upon completion of services, unless stated to the contrary in writing by the Company. Where a deposit is required, the Company must be in receipt of the cleared funds prior to commencing any work.
18.3The Company reserves the right to claim interim payments as the work progresses. Withholding of any money due to the Company by the Client, or their Agent, shall invalidate any guarantee which would otherwise apply. Where interim payments for ongoing work are not received by the due date, the Company reserves the right to suspend all works until such payment has been received in full and any additional costs incurred will be charged to the Client or their Agent.
18.4The Company is unable to accept credit/debit card payments; payment via electronic transfer is preferred where possible.
18.5The Company reserves the right to refuse to execute any order or contract if the arrangements for payment, or the Client or their Agent’s credit worthiness are unsatisfactory.
18.6In the case of non-payment of any account when due, or in the case of death, incapacity, bankruptcy or insolvency of the Client or their Agent, or when the Client or their Agent is a Limited Company, in the case of liquidation or the appointment of a Receiver; then the purchase price of all goods delivered and/or work executed by the Company to the Client or their Agent to date and any sums due to us from the Client or their Agent for the hire of plant/machinery, or payment due on any other account will immediately become due and payable from the Client or their Agent to the Company. In addition, the Company reserves the right to cancel every contract made with the Client or their Agent, or to cancel or suspend or discontinue delivery of goods and materials and/or the execution of works and/or the hire of plant/machinery at our absolute discretion without prejudice to our right to recover any loss sustained.
19. LATE PAYMENT
19.1 The Company will exercise our statutory rights under the Late Payment of Commercial Debts (Interest) Act 1998 and supplemented by the Late Payment of Commercial Debts Regulations 2002 and 2013 to charge interest at 8% above the Bank of England reference rate in force on the date the debt becomes overdue and at any subsequent rate where the reference rate changes and the debt remains unpaid.
19.2Legal action: The Company will vigorously pursue all debtors until full payment has been received, including all costs incurred when legal action is pursued through the Courts.
19.3 Any default of late or non-payment may void any guarantee that you have with us.
20.1 If at any time any one or more of the provisions of these conditions become or are held invalid, illegal or unenforceable in any respect under any law the validity and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.
21.1 Cancellation of all or part of orders already accepted by the Company will be accepted only at the Company’s discretion, and the Company reserves the right to charge for all work undertaken and expenses incurred in relation to the order prior to receipt of the cancellation.
22. RUBBISH & SKIPS
22.1 Disposal of large quantities of rubbish is not included due to tip charges, however skips can be arranged by us if required.
Very small quantities of packaging etc and our own rubbish will be taken away.
23.1 The Company would like all of our Clients to feel 100% satisfied with our services. If for any reason you are not happy and you feel that we are responsible, we will do our utmost to rectify the problem as soon as we can within a period of 3 months.
24. EXTRA COSTS
24.1 The Company does not charge a call out fee for Service Specifications but may charge for surveys & investigations.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.