Healthiest Homes Terms and Conditions (“Agreement”)
1. For the purpose of these terms & conditions the following words shall have the following meanings:
(a) “The Contractor” shall mean The Healthiest Homes Company, and all staff directly or indirectly employed by THE HEALTHIEST HOMES COMPANY.
(b) “The Customer” shall mean the person or organisation for whom the Contractor agrees to carry out works and/or supply materials.
(c) “The Operative” shall mean any representative appointed by the Contractor.
(d) “Quotation” or “Quote” shall mean written specification of the works as discussed on site and sent to the client, but note a quotation means the general scope of works and is not a binding contract to complete those works if there are property defects etc.
(e) “Works” shall mean mould removal, other restoration services that THE HEALTHIEST HOMES COMPANY provides, advice and work, and any other work indicated in a written Quotation or Estimate.
(f) “Contract” shall mean the agreement between THE HEALTHIEST HOMES COMPANY and a Customer in which the Customer requires The Healthiest Homes Company to undertake certain specified works and THE HEALTHIEST HOMES COMPANY agrees to do this for a given remuneration.
2. Discretion to accept or reject work
The Contractor reserves the right to refuse or decline work at its own discretion. Where the Contractor agrees to carry out works for the Customer those works shall be undertaken by the designated operative of the Contractor at its absolute discretion.
3. Written Quotations
All quotations and cost estimates are without obligation.
Quotations are valid for 20 days (twenty days) from their date of issue. After this time the Contractor reserves the right to create another quotation or amend the original quotation. Costs may also increase where the scope of works have to be changed at the beginning, middle or end of the works due to unforeseen circumstances. In some cases where the estimate or quote has been submitted for a Limited Company, Trust, Charitable Organisation or any other type of organisation that is itself VAT registered, we will estimate or quote up costs, and these will usually be excluding VAT at the current UK taxable rate, which is currently set at 20%, unless otherwise stated. It is the Customer’s responsibility to ask before approval whether VAT is added to the requested estimate or quote.
4.The Contract takes effect on acceptance by the Customer, either verbally or in writing, of the quotation or estimate submitted by the Contractor.
Where the Contractor has been asked by the Customer to undertake immediate or additional works at the Customer’s bequest, the Customer is liable for additional charges for design time, materials, travel and time costs, this also relates to unforeseen circumstances discovered during the building investigation process at the start of any Works.
The Contractor commits itself to executing the works to the best of its ability, thereby employing sound professional knowledge, skills and experience, with due regard to the Customer’s requirements and in compliance with all relevant regulations and standards.
The Contractor shall take all necessary steps to ensure that the worksite is left clean, tidy and safe on completion of all works (unless agreed otherwise in writing or verbally or within the Quotation/Estimate).
All of the Contractors work is by written quotation, fixed costs or estimations agreed and approved in writing or verbally with the Customer’s prior to agreement to commence works on a scheduled and agreed date.
Where a written quotation/estimate has been supplied to the Customer the total charge to the Customer referred to in the quotation or estimate should be the amount payable, but may be revised in the following circumstances:—
(i) if after submission of the estimate the Customer instructs the Contractor (whether verbally or in writing) to carry out additional works not referred to in the quotation or estimate or are otherwise outside of the scope of works being billed either personally or through insurance claim;
(ii) if after submission of the quotation or estimate, it is discovered that further works need to be carried out which were not anticipated when the quotation/estimate was previously prepared, e.g. further repairs or defects to the internal or external of the building are necessary before work is completed satisfactory, then those costs will be included in final invoices;
(iii) if after submission of the quotation/estimate it is discovered that there was a manifest error when the quotation was prepared, for example rises in materials or labour costs, or even that additional or different materials are required or necessary. The Contractor shall not be bound by any quotations/estimates given orally or in which manifest errors occur where the final invoice may be different to that submitted, but every effort will be made to inform the Customer of such rises either written or verbal, but the Contractor shall not be bound to this communication.
5. Invoices and Payment
Invoices are due for payment upon completion of work within 7 days of delivery to the Customer (unless otherwise agreed in writing prior to works beginning). We require payment to our terms, payment must be made on time, in full, and without any deduction, offset or counter claim. Where invoices are overdue and payment has not been received nor any written agreement sent to The Healthiest Homes Company regarding any delays in payment, The Healthiest Homes Company reserves the right to charge weekly interest on the debt at a rate of 8.5% over the Bank of England base rate on a pro-rata monthly basis. In the event an account remains outstanding, we will refer the matter to a debt collection agency which will incur additional costs. Any costs incurred to collect the debt will be added to the debt, plus VAT at the prevailing rate. You agree upon booking our services that you will be legally liable to pay us that surcharge, and that payment of the same can be enforced against you in court. You also agree to pay interest at the relevant reference rate provided for under the Late Payment of Commercial Debts (Interest) Act 1998, which interest is payable both after and before any judgement of the court and continues to accrue.
5.1 Deposits & Additional Works Added
The Company reserves the right to breakdown larger piece of work into 3 deposits, the first deposit to be made prior to commencement of works, which will cover one third of the total quote, estimate or invoice cost (whichever is approved). The second deposit to be made half way through the project, again to cover materials and labour costs in that instance, and then the final third deposit to be paid to THE HEALTHIEST HOMES COMPANY on final inspection and completion of works, when client(s) have given their approval for sign-off. Any extra work added to the project or work schedule will be included in the final invoice deposit and a breakdown provided for that work. Note that any additional work requested by the Customer can be made verbally but should be submitted for THE HEALTHIEST HOMES COMPANY approval in writing in all circumstances, failure to do this will result in the works being added to final invoice payment. Verbal and written works will be included in all invoices.
6. Fixed Dates/Times
Where the date and/or time for works to be carried out is agreed by the Contractor with the Customer, then the Contractor shall use its best endeavours to ensure that the operative shall attend on the date and at the time agreed. However the Contractor accepts no liability in respect of the non-attendance or late attendance on site of the operative or for the late or non-delivery of materials.
7. Customer Liability
The Customer shall accept sole liability to discharge the Contractor’s account unless s/he discloses to the Contractor when initially instructing them to carry out work and/or supply materials that s/he is acting on behalf of a third party including, but not limited to, a Limited Company or partnership and is in receipt of a written quotation clearly showing the name of the third party on whose behalf the work is being undertaken. The Customer is also liable for any health and safety checks to be performed after works have been carried out, it is not the reponsibility nor will any liability be held against the Company or Contractor to make sure all or any such health and safety checks are carried out either before or after Works have been completed, for example but not limited to electrical certification Works after extraction fans or other such electrical equipment has been installed or replaced at the property where Works have been carried out.
8. Cancellations & Returns
If the Customer cancels their instructions within 2 working days prior to the planned date of work commencing then the Customer shall be liable for any related expenditure regarding the purchase of any equipment/supplies for that scheduled job, together with an administration fee of £100.00. A 20% returns cancellation applies to equipment hired or purchased that are not used, but are no longer required by the Customer, plus collection fees of £0.30p per mile from the Customer Property. When equipment or purchased items are returned, they are tested in our workshop, and only when they have passed testing, will a refund be returned to the Customer’s account. If the items are returned damaged or faulty either internally or externally, further repair costs may be incurred to the Customer and will be invoiced to the Customer.
9. Notification for Remedial Works
If the Contractor shall have carried out the works and the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 1 month to the Contractor and shall afford the Contractor and its insurers the opportunity of inspecting such works and carrying out any necessary remedial works if appropriate. The Customer accepts that if s/he fails to notify the Company within 1 months from the date the work was carried out the Contractor shall not be liable in respect of any defects in the works carried out.
10. Contractor Liability
The Contractor will accept no liability for, or guarantee suitability, materials supplied by the Customer and will accept no liability for any consequential damage or fault to property.
The Contractor will not guarantee any work undertaken on instruction from the Customer and against the written or verbal advice of the operative.
The Contractor shall not be held liable or responsible for any damage or defect resulting from work not fully insured or where recommended work has not been carried out.
The Contractor is responsible solely for damage that is the direct and demonstrable result of a shortcoming for which the Contractor can be held accountable.
The Contractor does not accept liability for any damages to underground services that were not advised of by the Customer prior to commencement of the works.
The Customer is responsible for informing neighbours in the event where works need to be carried out on or which necessitates access to their property or land.
The Customer is bound to indemnify the Contractor from any claims from third parties arising after completion of the works.
11. Terms and Conditions Prevail
These Terms and Conditions may not be released, discharges, supplemented, interpreted, varied or modified in any manner except by in writing signed by a duly authorised representative of the Contractor and by the Customer. Further, these Terms and Conditions shall prevail over any Terms and Conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Contractor.
By entering into a contact with the Contractor the Customer agrees irrevocably to waive the application of any such Terms & Conditions.
Title to any goods, supplied by the Contractor to the Customer, or hired goods and/or tools left at the site of the works shall not pass to the Customer but shall be retained by the Contractor. If the provision of goods is part of the contract with the intention that such goods shall pass the Customer then title to goods supplied by the Contractor shall not pass until payment in full for such goods has been made by the Customer to the Contractor.
Until such time as title in the such goods has passed to the Customer:
(i) the Contractor shall have absolute authority to repossess, sell or otherwise deal with or dispose of all any or part of such goods in which title remains vested in the Contractor (ii) the Contractor shall be entitled to seek a court injunction to prevent the Customer from selling, transferring or otherwise disposing of such goods (iii) the Contractor shall seek to receive compensation for materials and goods purchased for the scope of job to be performed by the Contractor or sub-contractors or other third party contractors employed by the Client, these materials and goods will be invoiced to the Client with the work that has been or shall be performed on-site. Should the Client cancel the job and the materials have been specifically purchased for the Client, with the sole intention of being used or installed on the specific premise for the Client, then the Contractor has the right to charge for those materials and goods, plus any additional costs related to freight, carriage, collection, courier etc. The Client can still receive the goods once purchased from the Contractor, and they will be couriered at the additional expense to the Client. If the Client no longer wishes the materials and goods, the above statement regarding compensation relates.
13. Delays and Site Access
The Contractor shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control and the Contractor shall be entitled to a reasonable extension of the time for performing such obligations. Delays caused by the Customer will incur a charge of £100.00 per day for each day that the Customer is delaying work where work has commenced/scheduled, and this shall be based on technicians and engineers allocated to the schedule of works (usually up to a week until other Customers can be scheduled in). If the Customer delays the work before 12 noon for the day only, this charge will be added to the day’s contracted work that will be charged. If the Contractor or any sub-contractors are delayed access to site, the Contractor has the right to include the ‘waiting time’ within the scope of work duration for the job. If, due to the delay the work cannot be completed during the period of time specified already in the estimate or quote, additional costs shall be allocated for additional visit(s) to site to fully complete the works to the Contractors specification as laid down in quotations and estimates. Note that consultation time coming to/from site from the office will incur travel expenses and hourly labour costs where consultation with the Customer and other third parties needs to be carried out regarding the site job, specification etc.
14. Website Content & Intellectual Property Rights
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
14.1 Intellectual Property
The Site and its original content, features and functionality are owned by The Healthiest Homes Company and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14.3 Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by The Healthiest Homes Company.
14.4 Governing Law
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law.
15. Liability Limitation
The Contractor shall only be liable for rectifying works completed by the Contractor and shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested and not undertaken at that time.
If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
17. Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
18. Customer Support
Tel: 07708 714 870
If you have any questions about this Agreement, please contact us.
The Healthiest – Homes Company
Making your house into a healthy home
07708 714 870
1 Lower Oast, Hernhill
Generated with permission from TermsFeed Generator.