House Huzband's Limited
Terms and Conditions
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GENERAL TERMS AND CONDITIONS
1 Parties, Definitions and Interpretations.
1.1 In these terms and conditions (which are referred to in this document as “these terms), “Customer” means the customer for whom the Works are to be carried out by House Huzband's Limited “HHL” means House Huzband's Limited (or, as the case may be, a third party, subcontractor carrying on a business pursuit to an agreement entered into with HHL), Customer is also defined by being a tenant in a property where repair works are required to be undertaken on behalf of the property owner. “Contract” means the agreement between the Customer and HHL to carry out the Works of which these terms form the Agreement, “Works” means the works described in HHL Estimate or Quotation and/or as referred to in the HHL's Work Detail Sheet or any other document or e-mail issued by HHL, as may be varied by agreement in writing between the parties. For the purposes of these terms, “in writing”, includes by e-mail, and any other document which is set out in a hand held device and any signature on a hand held screen, shall be treated as “in writing”. In these terms, words importing the masculine gender also include the neuter and the feminine gender and words importing the singular number also the plural number, where the context so requires
2.1 The Customer will be treated as an Account Customer or non-Account Customer, according to HHL's reasonable description.
2.2 All Estimates and Quotations given by HHL, 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 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 HHL and the Customer, except where these terms are a schedule to a signed agreement between the Customer and HHL, in which event these terms apply only to the extent not inconsistent with the Agreement.
2.3 The Customer acknowledges that HHL has not made any representations (other than any expressly stated in the Contract and/or in HHL estimate or Quotation), which have induced it to enter into the Contract, and the Contract shall constitute the entire understanding between the Customer and HHL for the performance of the Works (as detailed in paragraph 5 below).
2.4 No modification to the Contract shall be effective unless made by an express written agreement or e-mail exchange between the parties. The signing on behalf of HHL of any documentation of the Customer shall not imply any modification of the Contract.
2.5 Nothing in the Contract is intended to confer on any person any right to enforce any term which that person would not have but for The Contracts (Rights of Third Parties) Act 1999. Accordingly, a person who is not party to the Contract shall have no rights under that Act to enforce any of it's terms but,this does not effect any right of remedy of such person, which exists or is available apart from that Act.
3 Estimates and variations to the price.
3.1 Any estimate which may be given either verbally or in writing by HHL is subject to withdrawal by HHL at any time before the receipt of an unqualified acceptance from the Customer and shall be deemed to be withdrawn unless so accepted within twenty eight (28) days from it's date.
3.2 Unless otherwise specified by HHL in the relevant estimate, an estimate is not a firm or fixed price quotation. It is an estimate of the likely minimum cost of the Works, based on the information made available to HHL. HHL's final price will be calculated on the basis specified in the estimate, if any, or if none, in accordance with HHL's Schedule of rates applicable at the time the Works are carried out and may be increased above (but never reduced below) the specified price. Furthermore, HHL reserves the right to increase the price before carrying out the Works by an amount equivalent to any increase to HHL in the cost of relevant materials , labour, equipment hire or transport since the date upon HHL's estimate, written, e-mailed of oral, was given, save that if this would increase the estimated price by more than ten (10) % the Customer may cancel the Contract, provided it does so before the Works are begun, any relevant materials art ordered or any relevant equipment is hired.
3.3 HHL reserves the right to charge a fee for the collection of materials from it's suppliers except with respect to the work for which there is an estimated time and, charged at the relevant rate. If the materials are ordered for subsequent collection and delivery, a charge may be made by HHL. Materials will be supplied at cost net after HHL discounts plus HHL normal mark-up to handling, stock maintenance , collection and delivery costs etc.
3.4 HHL schedule of rates is available online. The schedule of rates specifies hourly rates. Charges are made by the hour, rounded up to the next hour, there is therefore a minimum charge of one (1) hour.
3.5 HHL reserves the right to charge a fee for the amendment to any quotation or estimate once issued to the customer.
4.1 Unless otherwise specified by HHL where the Customer is provided with a fixed price quotation by HHL, that fixed price shall be valid and open for acceptance within twenty eight (28) days unless a longer time is on the face of the quotation and, if not accepted within the designated period shall be deemed withdrawn.
4.2 Before the commencement of work HHL reserves the right to require the Customer to pay the initial payment of forty (40)% of the labour charge and to pay in full the cost of any materials (or of such greater sum if so required) against the full Quotation value on all quoted Works above £50.00.
4.3 Any estimate requested which is likely to be valued under £50.00 may incur a call out fee, equivalent to our standard fee. See our prices for current fees.
4.4 in addition to clause 3a.3, estimates are usually provided free of charge and, are valid for twenty eight (28) days from date of issue. Any estimates required that involve travelling a distance in excess of five (5) miles or ten (10) minutes travelling time, may incur a charge equivalent to our standard rates. See our prices for currant rates.
5 The Works
5.1 All descriptions, illustrations etc., contained in any catalogues, price lists or advertisements, or otherwise communicated to the customer, are intended merely to present a general idea of the Works and nothing contained in any of them shall form part of any Contract
6 The Price
6.1 The price payable by the Customer is calculated as specified in paragraph 3 above and, shall be stated on the Invoice/Job. The charge shall consist of the materials supplied by HHL and the amount of time spent in undertaking the Works (including reasonable time spent obtaining non-stock materials and parts as sated in paragraph 3.3 above) charged in accordance of HHL's current schedule of rates. See our current rates/fees online.
6.2 Unless otherwise stated, the price and all estimates and quotations provided by HHL are shown inclusive of VAT (Value added tax) at the prevailing rate.
6.3 There is an emergency call out fee of £40.00. This fee will be applied should the Customer require immediate service and it is not possible to schedule in a specific appointment time at a later date. This fee is payable upon arrival at the premises. In the case of the customer being a tenant from one of our contracted customers, it is the tenants responsibility to seek any reimbursement of fees from their agent or Landlord.
7.1 Non-Account Customers: All Customers are deemed as non-account customers unless HHL have issued written notification that you are an account holder. Payment by the customer is due on the completion of the Works. Payment must be made on such completion . Payment can be made by cash, cheque or bank transfer (by prior arrangement).
7.2 Account customers: You will receive written notification of account customer status if status if accepted. HHL will seek to submit invoices to Customers within 5 days of completion of the Works and subject to paragraph 8 below, payment must be made by the Customer within thirty (30) days after the date of issue of the invoice.
7.3 Snagging: Where the Works have been priced by way of a fixed price Quotation and have been completed subject to snagging, 95% of all amounts outstanding amounts must be paid on such completion and, the Customer must provide access to HHL without delay to enable the snagging to be finalised. The balance of 5% will become payable upon the finalization of the snagging or, if access has not been made available to carry out the snagging within fourteen (14) days of completion, at the expiry of such fourteen (14) day period.
7.4 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 the payment unless HHL has agreed otherwise in writing.
7.5 HHL shall be entitled to interest, calculated on a daily basis and, reserve the right to charge such interest on any amount not paid on the due date until payment in full, at a statuary interest rate, currently at eight (8)% above the Bank of England base rate.
7.6 HHL shall not be required to issue nor deliver any certificates, guarantees or other similar documents regarding the works until full payment has been received.
7.7 Where work is agreed between the customer and HHL and, the time given to complete the works is in excess of five (5) days (one(1) working week) then payment for works completed to date will be required at the end of each working week. The sum required will be advised to the Customer prior to the commencement of the Works. Non-payment or late payment of the agreed sum, will result in work being suspended until payment of the outstanding amount to date is satisfied. Work being suspended due to late or non-payment will alter any estimated completion date at a rate of 2 working days after the original estimated completion date per day of late payment.
7.8 Late payment: All payments are due upon completion of work. Any late payments will be charged in accordance with the “late payment legislation” as set out by the UK Government. HHL reserve the right to charge additional recovery costs. Full details can be found at https://www.gov.uk/late-commercial-payments-interest-debt-recovery.
8 Commencement and Completion Dates.
8.1 Dates specified for the commencement and completion of the Works are estimates only. HHL shall use all reasonable endeavour to ensure that it will attend on the date and time agreed. However, HHL accepts no liability in respect of non-attendance or late attendance on site or for late delivery of materials. Time shall not be of the essence of the Contract except as provided for in paragraph 17 below.
9 Inspection of the Works
9.1 The Customer shall inspect the Works as far as is reasonably possible to do so upon their completion (though failure to countersign the relevant Works Detail Sheet shall not imply rejection of Works) and if it considers that the Works or any part thereof. In the absence of any such notice, the Works shall be conclusively presumed to be complete and free from any defect, which would be apparent on reasonable examination.
10.1 The Customer shall indemnify HHL against all actions, suits, claims, demands, loses, charges and expenses which HHL may incur in connection with a claim by a third party resulting from a breach of the Customers obligations, undertakings, representations and warranties in connections with the Contract.
11 Whole Agreement and Exclusion of Liability
11.1 These terms set out HHL's entire liability in respect of the Works and HHL's liability under them shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities, expressed or implied, in respect of the Works and the quality thereof.
12 Limitations of Liabilities Liabilities of HHL.
12.1 HHL's liability shall be limited to, the repair or making good of any defect pursuant to it's undertaking in paragraph 14 below and subject always to paragraph 8 above.
12.2 HHL's liability shall be limited to, liability to death or personal injury resulting from negligence in the course of carrying out HHL's duties and,
12.3 the reasonable cost of repair or reinstatement of any lose or damage to the customers' property if such loss or damage results from HHL's negligence or that of it's employees, agents, franchises, or sub-contractors and the Customer incurs such costs.
13.1 The Customer shall provide clear access to enable HHL to undertake the Works and will make all necessary arrangements with the proper persons or authorities for any traffic controls and signals or other permits or permissions required in connection with the carrying out of Works. The Customer will at all times provide a safe working environment for HHL and it's employees, agents, franchises and sub-contractors for the purposes of carrying out the Works. The Customer must obtain any permission for HHL to proceed over property belonging to third parties. The Customer shall indemnify HHL against all claims, whatsoever nature, made by third parties arising out of the presence of HHL and it's employees, agents, franchises or sub-contractors on the Customers' property save where such claim results directly from negligence on HHL's part. The Customers shall be liable to HHL for all loss of damage whether direct, indirect or consequential which is suffered by HHL as a result or failure or delay by the Customer in performing the obligations refereed to above.
13.2 Whilst ever effort is taken to protect the Customers personal belongings, we recommend that any personal belongings or items of value are removed from the work area. Should any items belonging to the Customer be in a situation where they are unable to be removed from the work area, then it is fully the Customers' responsibility to make adequate arrangements to protect such items. Whilst HHL provides protection to the surrounding by way of dust/protective sheets, it is recommended that Customers make their own provisions to cover or protect belongings that can not be removed.
14.1 subject to paragraph 8 above and the exclusions listed below, HHL undertakes to repair or make good any defect in completed work which appears within one (1) month of completion of the same to the extent that such defect arises from a breach or HHL's obligations under the Contract and, provided that the details of the defect are notified by the customer to HHL in writing with such period that HHL and its' insurers are given the opportunity of inspecting the work and the alleged defect. This undertaking shall only apply to work carried out, completed and invoiced by HHL and, which is paid for by the Customer by the due date for payment, as ascertained in accordance with paragraph 7 above. If HHL returns to the site the Customers request to view a claim under this undertaking and it transpires that the defect had not arisen as a result of a breach on the part of HHL, HHL reserves the right not to carry out any work under paragraph 14 where the Customer can not provide any evidence that the work was originally carried out and completed by HHL or, where payment has not been made in full, for such work. Exclusions are:
- Parts and materials will be provided only with the manufacturers/suppliers guarantee and, are not guaranteed by HHL.
- Systems or structures not installed by HHL.
- Any recall arising from circumstances or factors known to the Customer but not notified nor disclosed to HHL, prior to the work being undertaken.
- Defects resulting from misuse, wilful act or faulty workmanship by the Customer or, anyone working under the direction of the Customer (other than HHL).
- Damage to drainage systems caused by root penetration or any other outside force.
- Any roofing work where HHL advises that the overall condition of the roof is poor and is in need of more extensive work and the work undertaken involves less than 20% of the roof area.
- Any work to repair an existing lock or, to fit any lock, not supplied by HHL.
14.2 In the circumstances where HHL are unable to offer a guarantee, HHL will notify the Customer before any work is carried out.
15 Force Majeure
15.1 HHL 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 a strike, lock out, industrial dispute, act of god or any other event or occurrence beyond HHL control.
16 Customers' Liability.
16.1 The Customer shall be liable for:
- Any loss, damage or injury, whether direct or indirect or consequential, resulting from the failure or delay in the performance of the Customers' obligations under these terms,
- Providing all necessary power and a clean water supply for HHL to use in the execution of the contracted Works.
- The safety of both plant and machinery belonging to or, hired in by HHL, it's employees, agents and sub-contractors and shall, indemnify HHL against its' loss, damage or theft.
16.2 The Customer must let HHL know of the 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 Works are started.
16.3 The Customer must provide HHL with all necessary details in respect of any relevant requirements specified by the Factory Inspectors or similar regulatory authorities.
17.1 If the Customer cancels the contract without HHL's consent other than pursuant to paragraph 3.2 above, the Customer shall indemnify HHL against all loss, damage, claims or other actions arising out of such cancellation unless otherwise cancelled in writing and, for the avoidance of doubt any such cancellation is without prejudice to HHL's right to payment in accordance to paragraph 6 above.
17.2 If the Customer wishes to cancel an appointment or, HHL is unable to gain access to the Customers' premises to carry out the Works, the Customer will be liable to pay a minimum amount equivalent to the call out charge and, the charge due for the initial period of work time. This shall apply irrespective of the Works being booked by the Customer or, by someone acting on the Customers' behalf, such as the tenant.
17.3 If the Customer cancels the Works to be undertaken pursuant to an estimate accepted by the Customer, subject to paragraph 3.2 above or, pursuant to a quotation subject to paragraph 4 above the Customer shall be liable for a cancellation charge of seven and a half (7.5)% of the estimate of the price if, the cancellation is made less than fourteen (14) days prior to the specified commencement date for the Works, twelve and a half (12.5)% of the estimate price if the cancellation is made less than seven (7) days prior to the specified commencement date for the works and, twenty five (25)% of the estimate price if the cancellation is made two (2) days prior the commencement date of the Works.
18 Removal of Waste Materials.
18.1 Unless agreed in writing between the parties, the Customer will be responsible for the removal from site, all waste materials resulting from the Works.
19 Frozen Pipes.
19.1 HHL will not be liable for any fracture found in frozen pipes attended by HHL. HHL will not guarantee any blockage clearances made to frozen pipes or drains.
20 Waiver, Variations etc.
20.1 No waiver by HHL of any breach by the Customer shall operate as a waiver of any preceding or, subsequent breach by the Customer. No variation shall be effective against HHL unless sanctioned in writing by HHL. No forbearance or delay on HHL's part shall prejudice HHL's rights under this set of terms, conditions and contracts.
21.1 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 effected.
22.1 HHL will guarantee all workmanship completed by it's own employees for sixty (60) days after the completion of the Works, If, whoever, you feel that the workmanship is defective, you must notify us in writing within thirty (30) days of completion of the Works.
23 Goods and Materials
23.1 All goods and materials remain the property of HHL until the sum due has been paid. Failure to pay the said sum, under paragraph seven (7) above, will result in the removal of any goods and or materials from the Customers premises at a cost to the Customer. Entry into the property to remove any goods or materials that remain unpaid for will be undertaken without warning once an initial written notification has been issued and, no responsibility can be held by HHL for the repair works or isolation of any services prior to the removal of goods or materials. The Customer will be notified in writing that, HHL or, an appointed third party will be attending the property to remove such said goods or materials at some time in the future but, no specific time can be given
These terms and conditions shall be governed and constructed in accordance with English Law and, shall be subject to the exclusive jurisdiction of the English Courts