1 Parties, Definitions and Interpretation
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 0800 HANDYMAN. “0800 HANDYMAN” means 0800 HANDYMAN Mobile Limited (“0800H”) or a franchisee or third-party contractor as the case may be of either entity or the parent of such entity each carrying on business pursuant to an Agreement with one or other of such entities. “Contract” means the agreement between the Customer and 0800H to carry out the Works of which these terms form a part and (where these terms are a schedule to a signed agreement between the Customer and 0800H (“the Agreement”)) the Agreement, “Works” means the works described in 0800H’s estimate or Quotation and/or as referred to in 0800H’s Work Detail Sheet or any other document or email issued by 0800H, as may be varied by agreement in writing between the parties. For the purposes of these terms, “in writing” includes by email and any document which is set out in a handheld device and any signature on a handheld 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 include 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 0800H’s reasonable discretion.
2.2 All estimates and Quotations given by 0800H, 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 0800H and the Customer, except where these terms are a schedule to a signed Agreement between the Customer and 0800H, in which event these terms apply only to the extent not inconsistent with that Agreement.
2.3 The Customer acknowledges that 0800H has not made any representations (other than any expressly stated in the Contract and/or in 0800H’s estimate or Quotation), which have induced it to enter into the Contract, and the Contract shall constitute the entire understanding between the Customer and 0800H for the performance of the Works (and detailed in paragraph 4 below).
2.4 No modification to the Contract shall be effective unless made by an express written agreement or email exchange between the parties. The signing on behalf of 0800H of any documentation of the Customer shall not imply any modification of the contract.
2.5 Nothing in this 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 a party to this Contract shall have no rights under that Act to enforce any of its terms, but this does not affect any right or 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 0800H is subject to withdrawal by 0800H at any time before receipt of an unqualified acceptance from the Customer and shall be deemed to be withdrawn unless so accepted within twenty-eight (28) days from its date
3.2 Unless otherwise specified by 0800H 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 0800H. 0800H’s final price will be calculated on the basis specified in the estimate, if any, or if none, in accordance with 0800H’s Schedule of Rates applicable at the time the Works are carried out and may be increased above (but not reduced below) the specified price. Furthermore, 0800H reserves the right to increase the price before carrying out the Works by an amount equivalent to any increase to 0800H in the cost of relevant materials, labour, equipment hire or transport since the date upon which 0800H’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
3.3 0800H reserves the right to charge a fee for the collection of materials from its suppliers except with respect to work for which there is an estimate. If the collection occurs whilst 0800H is on site, the time taken will be treated as an addition to the on site labour time and charged at the relevant rate. If the materials are ordered for subsequent collection and delivery, a charge may be made by 0800H of £50 plus VAT. Materials will be supplied at cost net after 0800H discounts plus 0800H normal mark-up to cover handling, stock maintenance etc.
3.4 0800H Schedule of Rates is available on line or for inspection at 0800H’s premises during normal business hours as well as on Website. The Schedule of Rates specifies half hourly rates. Charges are made by the half hour, rounded up to the next half hour, there is therefore a minimum charge of one hour.
3.5.1 Unless otherwise specified by 0800H where the Customer is provided with a fixed price Quotation by 0800H that fixed price shall be valid and open for acceptance within twenty eight (28) days unless a longer time is specified on the face of the Quotation and, if not so accepted within the designated period shall be deemed withdrawn.
3.5.2 Before the commencement of work 0800H reserves the right to require the Customer to pay an initial payment of 20% (or such greater sum if so required) against the full Quotation Value on all quoted Works above £1000.00
3.6 In circumstances where free or accessible parking is not available at the Customers premises or at those premises which 0800H is attending on behalf of the Customer 0800H will add the cost of such parking to the price payable by the Customer.
3.7 Calls may be recorded for monitoring and training purposes.
4 The Works
4.1 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 a part of the Contract.
5 The Price
5.1 The price payable by the Customer is calculated as specified in paragraph 3 above and shall be stated on the Invoice/Job Sheet or where no price is stated our current standard price for the services provided. The charge shall consist of the cost of materials supplied by the Company and the amount of time spent in undertaking the Works (including reasonable time spent obtaining unstocked parts and materials as stated in 3.3 above) charged in accordance with the Company’s current Schedule of Rates.
5.2 Unless otherwise stated, the price and all estimates and Quotations provided by 0800H are shown exclusive of Value Added Tax at the prevailing rate which will be payable in addition where properly chargeable.
6.1 Non-Account Customers: Payment details will be submitted at time of booking and sample transaction conducted to validate payment method. Full payment by the Customer is due on completion of the Works through the agreed payment method. Payment in full must be made on such completion. Payment can be made by cash, cheque, Visa, Mastercard, Maestro, or BACS
6.2 Account Customers: 0800H 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 no later than 30 days of the tax date of the submitted invoice(s). Where payment is not made by its due date we will charge interest and compensation as provided for under the Late Payment of Commercial Debts (Interest) Act 1998
6.3 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 must be paid on such completion and the Customer must provide access to 0800H 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 14 days of completion, at the expiry of such 14-day period.
6.4 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 payment unless 0800H has agreed otherwise in writing.
6.5 0800H shall be entitled to interest on a daily basis and reserve the right to charge such interest on any amount not paid on the due date for payment from such due date until payment in full at 4% above the bank of England base rate at the relevant time.
6.6 0800H shall not be required to issue or deliver any certificates, guarantees or other similar documents regarding the Works until payment has been made in full.
7 Commencement and Completion Dates
7.1 Dates specified for the commencement and completion of the Works are estimates only. 0800H shall use all reasonable endeavours to ensure that it will attend on the date and time agreed. However, it accepts no liability in respect of non-attendance or late attendance on site or for the late delivery of materials. Time shall not be of the essence of the Contract except as provided for in paragraph 16 below.
8 Inspection of the Works
8.1 The Customer shall inspect the Works as far as it is reasonably possible to do so immediately upon their completion (though failure to countersign the relevant Works Detail Sheet shall not imply rejection of the Works) and if it considers that the Works or any part thereof are not in accordance with the Contract, it shall within 7 days from the date of inspection give detailed notice in writing 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.
The Customer shall indemnify 0800H against all actions, suits, claims, demands, losses, charges, costs and expenses which 0800H may suffer or incur in connection with a claim by any third party resulting from a breach of the Customers obligations, undertakings, representations and warranties in connection with this Contract.
10 Whole Agreement and Exclusion of Liability
10.1 These terms set out 0800H’s entire liability in respect of the Works and 0800H’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.
11 Limitation of Liability and Liability of 0800 HANDYMAN
0800 HANDYMAN’s liability shall be limited to:
11.1 the repair or making good of any defect pursuant to its undertaking in paragraph 13 below and subject always to paragraph 8 above.
11.2 liability for death or personal injury resulting from negligence in the course of carrying out 0800H’s duties, and
11.3 the reasonable costs of repair or reinstatement of any loss or damage to the Customers property if such loss or damage results from 0800H’s negligence or that of its employees, agents, franchisees, or sub- contractors and the Customer incurs such costs.
12.1 The Customer shall provide clear access to enable 0800H 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 the Works. The Customer will at all times provide a safe working environment for 0800H and its employees, agents, franchisees and sub-contractors for the purposes of carrying out the works. Where applicable to drainage works, the Customer will provide, if possible, a plan showing drain layouts. If this is not available, 0800H reserves the right to render additional charges at the relevant applicable rate in accordance with paragraph 3.2 above if blockages occur in drains not covered by the specifications or if it is necessary to trace unidentified drains to complete the Works. The Customer must obtain any permission for 0800H to proceed over property belonging to third parties. The Customer shall indemnify 0800H against all claims of whatsoever nature made by third parties arising out of the presence of 0800H its employees, agents, franchisees or sub-contractors on the Customer’s property save where such claim results directly from negligence on 0800H’s part. The Customers shall be liable to 0800H for all loss of damage whether direct, indirect or consequential which is suffered by 0800H as a result of failure or delay by the Customer in performing the obligations referred to above.
13.1 Subject to paragraph 8 above and the exclusions listed below, 0800H undertakes to repair or make good any defect in completed work which appears within six months of completion of the same to the extent that such defect arises from a breach of 0800H’s obligations under the Contract and provided that details of the defect are notified by the Customer to 0800H in writing with such period that 0800H and its insurers are given the opportunity of inspecting the work and the alleged defect. This undertaking shall only apply to work carried out and completed and invoiced by 0800H and which is paid for by the Customer by the due date for payment ascertained in accordance with paragraph 6 above. If 0800H returns to the site at the Customers request to review a claim under this undertaking and it transpires that the defect had not arisen as a result of a breach on the part of 0800H, 0800H reserves the right not to carry out any work under this paragraph 13 where the Customer cannot evidence that the work originally carried out and completed by 0800H or where payment has not been made in full for such work. Exclusions are:
– Parts and materials will be provided only with the benefit of the manufacturer’s / supplier’s guarantee and are not guaranteed by 0800H
– Systems or structures not installed by 0800H
-Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to 0800H prior to the work having been undertaken.
-Defects resulting from misuse, wilful act, or faulty workmanship by the Customer or anyone working for or under the direction of the Customer (other than 0800H)
– Structural defects encompassing but not limited to subsidence and its resultant effect
-Damage to drainage systems caused by root penetration or any other outside force
– Any roofing work where 0800H 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 area of the roof
– Any work to repair an existing lock, or to fit any lock not supplied by 0800H
13.2 In circumstances where 0800H is unable to offer a guarantee 0800H will notify the Customer before any work is carried out
14 Force Majeure
14.1 0800H 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 0800H control.
15 Customer’s Liability
15.1 The Customer shall be liable for:
– 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
– Providing all necessary power and a clean water supply for 0800H’s use in the execution of the contracted works
– The safety of both plant and machinery belonging to or hired in by 0800H or its employees, agents, franchisees and sub-contractors and shall indemnify 0800H against its loss, theft or damage
15.2 The Customer must let 0800H 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.
15.3 The Customer must provide 0800H with all necessary details in respect of any relevant requirements specified by the Factory Inspectors or similar regulatory authorities.
16.1 If the Customer cancels the contract without 0800H’s consent other than pursuant to paragraph 3.2 above, the Customer shall indemnify 0800H against all loss, damage, claims or other actions arising out of such cancellation unless otherwise agreed in writing, and for the avoidance of doubt any such cancellation is without prejudice to 0800H’s right to payment in accordance with paragraph 6 above
16.2 If the Customer wishes to cancel an appointment or 0800H 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 having been booked by the Customer or by someone acting on the Customers behalf e.g. tenant.
16.3 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 3a above the Customer will be liable for a cancellation charge of 5% of the estimate price if the cancellation is made less than 14 days prior to the specified commencement date for the Works, 10% of the estimate price if the cancellation is made less than 7 days prior to the said specified commencement date and 20% of the estimate price if the cancellation is made less than 2 days prior to the said specified commencement date.
17 Removal of Waste Materials
17.1 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
18 Frozen Pipes
18.1 0800H will not be liable for any fracture found in frozen pipes attended by 0800H. 0800H will not guarantee to clear blockages occurring in a frozen pipe or drain
19 Waiver, Variation etc
19.1 No waiver by 0800H 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 0800H unless sanctioned in writing by 0800H. No forbearance or delay on 0800H’s part shall prejudice 0800H’s rights and remedies under this contract.
20 These Terms and Conditions
20.1 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 affected.
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