Prestige Services Terms and Conditions 01993 359515
Terms & Conditions of Business
1.1 For the purpose of these terms and conditions the following words shall have the following meanings:
i. “The Company” shall mean Prestige Services
ii. “Contract” shall mean the contract between the Supplier and the Customer for the supply of Services in accordance with these
iii. “The Customer” shall mean the person or organisation for whom the Company agrees to carry out works &/or supply materials
iv. “The Operative” shall mean the representative appointed by the Company
v. “Order” shall mean the Customer’s written acceptance of the Company’s quotation
2. Basis of Contract
2.1 The Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.
2.2 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract.
2.3 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.4 The Company shall not be under any obligation to provide an estimate to the Customer & shall only be bound by estimates given in writing to the Customer and signed by a duly authorised representative of the Company. The Company shall not be bound by any estimate given orally or in which manifest errors occur.
2.5 The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Customer those works shall be undertaken by the Operative designated by the Company at its absolute discretion.
3. Charges and Payment
3.1 All prices quoted and all charges are subject to VAT at the prevailing rate except in cases where the work carried out is zero rated.
3.2 All prices quoted by the Company are based on the work associated with the quotation being performed during the normal working day on the basis of a 40 hour week unless otherwise stated. Work required by the Customer to be performed outside of these hours shall be additional to the agreed price unless otherwise stated.
3.3 All prices quoted by the Company are valid for thirty days from the date of issue unless otherwise stated.
3.4 All prices quoted by the Company and detailed as “Budget Price” or “Budget Estimate” or wording with similar meaning are best estimates only and do not constitute a fixed price or capped price offer.
3.5 Hourly rate work. The total charge to the Customer shall consist of the cost of materials supplied by the Company (not exceeding the trade purchase price of the materials plus 20%) plus the amount of time spent by any Operative(s) in carrying out works (including all reasonable time spent in obtaining non-stock materials) charged in accordance with the Company’s current hourly rates. The Customer shall only be charged for the time spent related to the Customer’s work.
3.6 Fixed Price Work. The price shall be given as a firm cost, (manifest errors exempted) including Labour & Materials.
3.7 Where a Fixed Price has been supplied to the Customer the total charge to the Customer referred to in the quotation will be subject to amendment if:
a. after submission of the quotation the Customer instructs the Company to carry out additional works not referred to in the quotation;
b. after submission of the quotation it is discovered that further works need to be carried out which were not anticipated when the
quotation was prepared;
c. after submission of the quotation it is discovered that there was a manifest error when the quotation was prepared.
3.8 Material Collection. The collection of non-stock materials is chargeable however:
a. time will be kept to a minimum and be reasonable
b. the Customer shall where at all possible be informed if the Operative leaves the premises for this reason
3.9 Invoices are due for payment immediately upon delivery to the customer. Any part of the invoice which remains unpaid shall be charged interest at the rate of 4% above the base rate of HSBC plc or at the rate prescribed in accordance with the Commercial Late Payment of Commercial Debts (Interest) Act 1998 (where applicable) until full payment is received by the Company or earlier judgment.
3.10 Work with a cost in excess of £500.00 will require a 30% deposit to be paid in advance of any works being commenced.
3.11 Invoices will be produced at the end of the week for works completed in that week if works straddles two working weeks. Alternatively invoices will be produced on completion of works.
3.12 The Customer shall accept sole liability to discharge the Company’s account unless:
(a) he/she discloses to the Company when initially instructing the Company to carry out work and or supply materials that he/she is acting
on behalf of a third party (including, but not limited to, a Limited Company or Partnership); &
(b) upon receiving a written estimate the name of the third party appears on the written estimate.
3.13 Time for payment shall be of the essence of the Contract.
3.14 The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against the Company in order to justify withholding payment of any such amount in whole or in part. The Company may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Company to the Customer.
4 Supply of Services
4.1 Where the date and or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its reasonable endeavours to ensure that the Operative shall attend on the date and at the time agreed. However, the Company 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.
4.2 If after the Company shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 14 days to the Company and shall afford the Company, and its insurers, the opportunity of both inspecting such works & carrying out any necessary remedial works if appropriate. The Customer accepts that if he fails to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.
4.3 Where carpet or floor coverings may require lifting to allow concealed installation work, no additional charge is made for this service unless tools and specialist equipment is required, with every effort being made to avoid damaging them. However, consideration of employing a specialist fitter may be prudent, at the Customer’s cost to effect a fully satisfactory re-instatement.
4.4 Where agreed beforehand, chases to walls etc will be re-filled to 2mm below plaster finish depth, however final finishing of skim coat plaster and final decoration is not included in any price quoted for the works.
4.5 All reasonable endeavours will be made to undertake installation work to a clean standard, using dust sheets and vacuum cleaning equipment as necessary. However, some additional vacuuming and cleaning and cleaning down of surfaces should be expected afterwards. Any equipment that is susceptible to damage from dust must be removed from the work area prior to works commencing.
4.6 All installation work will comply with applicable Building Regulations in force at the time of the works.
4.7 All certificates will be provided upon completion of the work and all invoices having been paid in full.
4.8 Where works involve work by third party trades, any damage to the installation by third parties shall remain the responsibility of the Customer. Any rectification costs must be paid by the Customer prior to commencement of second fix.
5. Risk and title of goods
5.1 The risk in all goods supplied shall pass to the Client upon delivery.
5.2 All goods supplied shall remain the property of the Company until all sums due have been paid in full.
6. Exclusions from the Quotation
6.1 Cleaning and or moving of furniture and other items blocking access to work areas are not included in the quotation (unless detailed in writing) and work areas must be cleared before the start date of the works. If the Company is unable to commence work due to obstruction then an abortive charge to cover reasonable time and expenses (including travel time and expenses) may be levied.
6.2 Except where detailed, builders work (creation of holes larger than 30mm diameter, creation of support structures etc) are not included in the quotation.
6.3 Re-decoration and final making good is excluded from quotes unless specifically stated.
6.4 All additional work and variations from the original works quoted must be agreed in writing prior to commencement.
7. Customer’s obligations
7.1 The Customer shall:
(a) ensure that the terms of the Order and any information it provides in the Specification are complete and accurate;
(b) co-operate with the Company in all matters relating to the Services;
(c) provide the Company, its employees, agents, consultants and subcontractors, with access to the Customer’s premises, office
accommodation and other facilities as reasonably required by the Company;
(d) provide the Company with such information and materials as the Company may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects;
(e) prepare the Customer’s premises for the supply of the Services.
7.2 If the Company’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
(a) the Company shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays the Company’s performance of any of its obligations;
7.2.1 the Company shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Company’s failure or delay to perform any of its obligations as set out in this clause 7.2; and
7.2.2 the Customer shall reimburse the Company on written demand for any costs or losses sustained or incurred by the Company arising directly or indirectly from the Customer Default.
8. Limitation of liability: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
8.1 Nothing in these Conditions shall limit or exclude the Company’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
8.2 Subject to clause 8.1:
(a) the Company shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) the Company’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed contract value.
(c) Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
8.3 This clause 8 shall survive termination of the Contract.
9.1 Without limiting its other rights or remedies, the Company shall have the right to suspend provision of the Services under the Contract or any other contract between the Customer and the Company or terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under this Contract on the due date for payment.
9.2 On termination of the Contract for any reason:
(a) the Customer shall immediately pay to the Company all of the Company’s outstanding unpaid invoices and interest and, in respect of
Services supplied but for which no invoice has been submitted, the Company shall submit an invoice, which shall be payable by the
Customer immediately on receipt;
(b) the Customer shall return all materials which have not been fully paid for. If the Customer fails to do so, then the Company may enter the Customer’s premises and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract;
(c) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
(d) clauses which expressly or by implication have effect after termination shall continue in full force and effect.
10. Force majeure:
10.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Company including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Company or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
10.2 The Company shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
10.3 If the Force Majeure Event prevents the Company from providing any of the Services for more than 2 weeks, the Company shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.
11.1 If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
11.2 If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
12. Third parties
12.1 A person who is not a party to the Contract shall not have any rights under or in connection with it.
13. Governing law and jurisdiction
13.1 This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
Prestige Services Carterton 01993 359515
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