Terms & Conditions
Terms & Conditions
- 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 the Company. “The Company” means Apedale Contractors Ltd T/A Your Repair (“or as the case may be a third party subcontractor carrying on business pursuant to an agreement entered into with the Company), “Contract” means the agreement between the Customer and The Company 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 the Company (“the Agreement”), “Works” means the works described in the Company estimate or any other document or email issued by the Company, 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 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 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 the Company’s reasonable discretion.
2.2 All estimates 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.
2.3 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 the company of any documentation of the Customer shall not imply any modification of the contract.
2.4 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.
3.0 Estimates and variations to the price
3.1 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 twenty eight (28) days from its date
3.2 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 the Company. The Company’s final price will be calculated, in accordance with the Company Schedule of Rates (published on our website)applicable at the time the Works are carried out and may be increased above (but not 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, labour, equipment hire or transport since the date upon which the Company 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 The Company 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 the Company is on site, the time taken will be treated as an addition to the job and charged at the relevant rate. If the materials are ordered for subsequent collection and delivery, a charge may be made by the Company of up to £50 plus VAT. Materials will be supplied at cost net after the Company discounts plus the Company normal mark-up to cover handling, stock maintenance etc.
3.4 The Company Schedule of Rates is available on line or for inspection at the Company premises during normal business hours. The Schedule of Rates specifies hourly and 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.
- Before the commencement of work the Company reserves the right to require the Customer to pay an initial payment of 50% (or such greater sum if so required) against the full estimate Value on all Works.
- Unless otherwise stated, the prices and all estimates provided by the Company 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 by the Customer is due on completion of the Works. Payment must be made on such completion. Payment can be made by Debit or Credit Card
6.2. Account Customers: the Company 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 30 days after the date of issue of the invoice.
6.3. Snagging: Where the Works have been priced by way of an Estimate 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 the Company 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.
6.5. The Company 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 8% above the bank of England base rate at the relevant time.
6.6. The Company 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.
6.7. The Company will not accept responsibility or cover the cost of any damage that is necessary for us to carry out the work.
6.8. The Company will not tolerate Customers not paying their invoices on time, should the invoice be overdue you will be require to pay all late payment charges and interest. The debt will then be transferred to our recovery agency Instant Debt Recovery (www.instantdebtrecovery.com) in which we require your full co-operation at all times. This process will increase the balanced due.
- Commencement and Completion Dates
7.1. Dates specified for the commencement and completion of the Works are estimates only. The Company 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.
- 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.
9.1. The Customer shall indemnify the Company against all actions, suits, claims, demands, losses, charges, costs and expenses which the Company 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.
- Whole Agreement and Exclusion of Liability
10.1. These terms set out the Company’s entire liability in respect of the Works and the Company’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.
- Limitation of Liability and Liability of the Company: The Company 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 the Company duties.
12.1. The Customer shall provide clear access to enable the Company 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 the company and its employees, agents, 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, the Company 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 the Company to proceed over property belonging to third parties. The Customer shall indemnify the Company against all claims of whatsoever nature made by third parties arising out of the presence of the Company its employees, agents, or sub-contractors on the Customer’s property. The Customers shall be liable to the Company for all loss of damage whether direct, indirect or consequential which is suffered by the Company 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, the Company undertakes to repair or make good any defect in completed work which appears within 12 months of completion of the same to the extent that such defect arises from a breach of the Company obligations under the Contract and provided that details of the defect are notified by the Customer to the Company in writing with such period that the Company 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 the Company and which is paid for by the Customer by the due date for payment ascertained in accordance with paragraph 6 above. If the Company 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 the Company. The Company reserves the right to charge the Customer for the visit at its standard rate as per paragraph 3 above. The Company 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 the Company or where payment has not been made on time or in full for such work.
13.2. Exclusions are:
a. Parts and materials will be provided only with the benefit of the manufacturer’s / supplier’s guarantee and are not guaranteed by the Company. Labour costs will be applicable to replace faulty parts.
- All work in respect of blockages in waste & drainage systems are not guaranteed by the Company etc.
- Where the Company agrees to carry out works on installations of inferior quality or over seven years old at that date no warranty is given in respect of such works & the Company accepts no liability in respect of the effectiveness of such works or otherwise.
- If the works involve a diagnostic process to ascertain the cause or source of a fault or breakdown and during that process an item is ascertained by the company to be faulty and is replaced, the customer will be liable to pay for the labour and item even if the breakdown was caused in whole or in part by a different fault.
- The Guarantee shall be for labour only in respect of faulty workmanship.
- Systems or structures not installed by the Company
- Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to the Company prior to the work having been undertaken.
- Defects resulting from misuse, will full act, or faulty workmanship by the Customer or anyone working for or under the direction of the Customer (other than the Company)
- 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 the Company 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
- Force Majeure
14.1. 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 control.
- 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 the Company use in the execution of the contracted works
- The safety of both plant and machinery belonging to or hired in by The Company or its employees, agents, and sub-contractors and shall indemnify The Company against loss, theft or damage
15.2. 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.
15.3. The Customer must provide the Company 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 the Company consent other than pursuant to paragraph 3.2 above, the Customer shall indemnify the Company 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 the Company right to payment in accordance with paragraph 6 above
16.2. If the Customer wishes to cancel an appointment giving less than 24 hours of notice the customer will incur a cancellation fee of £10+ vat. If the Customer wishes to cancel an appointment giving less than two hours of notice or the Company is unable to gain access to the Customer premises to carry out the Works the Customer will be liable to pay a minimum amount equivalent to the charge due for the initial period of work time (one hour minimum charge). 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 the Customer will be liable for a cancellation charge of £10 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.
- 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
- Frozen Pipes
18.1. The Company will not be liable for any fracture found in frozen pipes attended by the Company. The Company will not guarantee to clear blockages occurring in a frozen pipe or drains, waste pipes etc.
- Waiver, Variation etc…
19.1. No waiver by the Company 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 the Company unless sanctioned in writing by the Company. No forbearance or delay on the Company’s part shall prejudice the Company rights and remedies under this contract.
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 effected.
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
Registered Address: Radway Green Business & Technology Centre, Building 1,
Office 16, Crewe, CW2 5PR. Apedale Contractors Ltd t / a Your Repair.
Registered Number: 8046878
VAT Registration Number: 163 0209 45
Gas Safe registration number: 563958