Conditions of Business
These conditions ("Conditions") are the terms and conditions applicable to the agreement between Alan Bramwell ("AB") and you, the customer ("You") for the provision of services detailed overleaf ("Services"). No other terms or conditions apply, written or verbal.
AB will provide an estimate of cost to carry out the Services, which may include travelling expenses. Such estimate is valid for 28 days, and your acceptance of the estimate constitutes an offer by you to purchase the Services in accordance with these Conditions. If you later change the specification of the Services to be carried out, AB reserves the right to increase his estimate and timetable accordingly.
If the estimate includes the purchase of materials in excess of £200, may request that You pay for these materials in advance. If You decide to purchase materials yourself, AB will advise as to the most appropriate materials for the job. If You then choose to purchase alternatives, AB shall not be liable for an inferior finish as a result of lower quality or incorrect materials.
AB shall provide You with an approximate date to carry out the Services, and shall keep You reasonably informed of his availability until he is able to start the Services. The start date is a guide only, and shall not be a breach of these Conditions if AB is unable to start the Services on that date.
If You decide that you no longer wish the Services to be carried out, you may cancel at any time by notifying AB. However if you cancel less than 7 days before the estimated start date, AB is entitled to invoice you for (i) the cost of those materials (ii) the reasonable cost of providing the Services to date (if any) and (iii) any other costs necessarily incurred prior to cancellation.
Whilst the Services are being provided, it may become apparent that additional Services have to be carried out, and AB will discuss this with you, with a view to agreeing the extent and value of the additional Services. If You are unable to agree the same with AB then You may cancel this agreement, whereupon AB is entitled to invoice you for all work done and materials used up to that time.
AB shall use his reasonable endeavours to:
(a) carry out the Services using reasonable skill in a timely manner but time shall not be of the essence for performance of the Services
(b) observe health and safety regulations and any reasonable safety requirements You have provided that AB shall not be liable for any breach of any such regulations or requirements
(a) will ensure that, if advised by AB, the work area is free of all carpets, furniture or other obstructions and acknowledge that AB shall not be liable for any damage to such items suffered whilst the Services are being carried out as a result of You failing to remove them
(b) shall co-operate with AB and any sub-contractors in all matters relating to the Services, and shall grant access to your property and other facilities as required by AB, including an electricity supply, running water and WC facilities. If AB's performance of the Services are prevented or delayed by any act or omission by You, AB shall not be liable for any costs or losses howsoever sustained or incurred by You.
Any materials required shall be delivered to the address where the Services are to be carried out.
The materials are at Your risk from the time of delivery but ownership SHALL NOT PASS TO YOU UNTIL AB HAS RECEIVED IN FULL ALL SUMS DUE TO HIM.
AB shall endeavour to transfer to You the benefit of all warranties or guarantees given to AB in respect of materials, and any certificates, labels or warranty documents in respect of the Services or any materials shall be supplied by AB to you, once all sums due to AB under this agreement have been paid.
AB warrants that the Services shall be of satisfactory quality for a period of 12 months following completion of the Services and will repair or replace any defective services arising during that time as a result of faulty workmanship. In the event of AB providing PAT testing certificates, AB shall warrant the safety of electrical equipment subject to testing on the day of the test only. Your statutory rights in this respect are not affected.
In consideration of AB providing the Services, You will pay the charges as invoiced by AB, which shall include the cost of materials (if not already paid for by You) and any applicable expenses. Where the timescale for completion of the Services exceeds 14 days, AB reserves the right to raise invoices on an interim basis, otherwise an invoice will be raised upon completion of the Services or termination of this agreement. You will pay each invoice submitted to you by AB within 14 days of receipt by cash, cheque or BACs transfer. Upon receipt of cleared funds, AB shall provide you with a receipt and confirmation of payment.
If you fail to pay an invoice within the time specified above, AB may charge interest of such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of Barclays Bank Plc accruing on a daily basis until payment is received in full.
Please note: For your added protection, AB confirms that he maintains and shall maintain public liability insurance to a limit of £1m.