1. STANDARD TERMS AND CONDITIONS
1.1 In these terms and conditions the Contractor shall mean Add Detail Limited (08991953) and the Customer will mean the party who engages the Contractor to perform its Service(s).
1.2 If an event occurs that is beyond the reasonable control of the Contractor which prevents the Contractor from performing the Service(s) on or by the date agreed the Contractor shall not be liable for non-performance; in such a circumstances the Contractor has the right to rescind the agreement with no responsibility or notify the Customer of an alternate estimated start and finish times for the Service(s) and this shall be binding upon the Customer.
1.3 The Contractor will provide all equipment and/or all Materials as may be necessary to properly and efficiently perform the service. Unless otherwise agreed in writing the cost of all Materials including products supplied will not exceed +20% of trade purchase price paid by the Contractor.
1.4 The Contractor confirms that it and/or its Employees or Sub Contractors hold all necessary licences or permits or qualification or experience (as appropriate) required in order to allow the Contractor to perform the Service(s).
2. ACCEPTANCE OF THESE TERMS
2.1 Signing the Contractor’s Estimate form or alternatively any act by the Customer or those legally acting on behalf of the Customer which requests the Contractor to begin performing any Service(s) or providing any Materials will be deemed as acceptance of these Terms and Conditions.
2.2 In the event there is more than one party as a Customer to these Terms and Conditions, all Customers will be jointly and severally liable under these Terms and Conditions.
2.3 Should the Customer cancel the engagement of the Contractor after this agreement has been accepted but before the Contractor attends the Site for the first time to begin providing the Service(s), the Customer agrees they shall be liable for any costs incurred by the Contractor in relation to the provision of the Service(s) and/or provision of Materials incurred in anticipation of commencing providing the Service(s) due to the cancellation.
2.4 For the avoidance of doubt as an exception to 2.3 above the Customer cannot cancel without being in breach of contract after the Contractor has begun providing the Services(s) and/or if the Contractor has incurred Material costs on behalf of the Customer that cannot be refunded..
3. ESTIMATES, INVOICES AND PAYMENT
3.1 Hourly Rate Work:
a. The Customer’s charges for Service(s) provided will be calculated by reference to all the time spent pro rata at the hourly rate(s) set out for each Service(s) on the Contractor’s Estimate Form/Current hourly rates.
b. The Customer will not be charged for the time the Contractor may spend at tea breaks, mobile calls unconnected with the provision of Service(s) or being engaged in activities wholly unconnected with the provision of the Service(s).
c. Hourly Rate Work is charged as per the Contractor’s Employee’s or Agent’s or Sub Contractor’s time spent in accordance with Company’s indicated hourly rates for the Service(s) supplied as set out on the Contractor’s Estimate Form/Current hourly rates.
d. Time spent loading and/or unloading Materials or tools from vehicles or reparking vehicles due to parking restrictions will be part of the time that can be charged for the Service(s) being rendered in accordance with Company’s indicated hourly rates on the Contractor’s Estimate Form/Current hourly rates.
3.2 An Estimate provided by the Contractor will remain valid for 120 days. On expiry of that period, if the Customer wishes to proceed, a new Estimate will need to be provided prior to the Contractor undertaking the Service(s).
3.3 The Customer will be liable to pay the Contractor’s fees immediately upon completion of the Service(s) and together with any VAT that is due thereon, subject to 3.5 below.
3.4 The total charge to the Customer will include:
a. The amount of time spent by the Contractor’s Employee or Agent or Sub Contractor in accordance with 3.1 above, plus.
b. Total cost of Materials supplied by the Contractor subject to 1.3 above, plus.
c. The time spent collecting Materials that are not immediately available to the Contractor in accordance with the Contractor’s highest hourly rate for Material Collection Time provided upon the attached Contractor’s Estimate Form.
3.5 The Contractor will issue the invoice for the Service(s) setting out the Service(s) performed, and these are immediately payable upon presentation, the Contractor reserves the right to raise as many interim invoices as the Contractor deems appropriate and the Contractor reserves the right at any time thereafter to cease providing all and any of the Service(s) until all and any outstanding invoices are paid in full.
3.6 Where the Customer fails to pay any Invoice in full on or before the due date, the Customer agrees that after three working days the Contractor will be entitled to add interest to the total balance outstanding under the Invoice at the rate of 3% interest per calendar month pro rata until payment in full and that the Customer will be liable to pay all accrued interest in addition to the outstanding amount.
3.7 In the event the Customer defaults in payment of an Invoice, the customer shall fully indemnify the Contractor in respect of any costs incurred by the Contractor in recovering any outstanding amount under this agreement, including but not limited to the Contractor’s professional and legal costs in full.
3.8 The Customer is not entitled to deduct any amounts owing or alleged to be owing to the Customer by the Contractor from any invoiced amount by way of set off.
3.9 The Contractor is entitled to withhold any certificates or guarantees or warranties (if any) in respect of the Service(s) until the payment has been made in full.
4. VARIATION OF ESTIMATE AND ADDITIONAL CHARGES
4.1 The Customer accepts that the charges for the time spent providing the Service(s) and the cost of the Materials are estimates and that the Contractor sometimes incurs additional time or Material costs above that initially estimated and therefore the Contractor is entitled to charge up to an additional 20% of the of the initially estimated costs of the Service(s) and/or Materials in addition to the estimated charges for the Service(s) and Materials cost without prior notice to the Customer for all and any such additional costs and the Customer accepts that these are fully payable in addition to the sums originally estimated as set out on the Contractor’s Estimate Form.
4.2 If the Contractor realises that the estimate(s) of costs previously given are likely to be exceeded in excess of 20% and the Contractor wishes to revise the cost to the Customer for Service(s) and/or Materials costs to include this extra work and/or Materials (such additional time to be calculated upon a time spent basis upon the hourly rates set out under the estimate and any additional Material costs as per the price incurred subject to 1.3 then the Contractor is entitled to cease providing Service(s) until a revised estimate sheet (Appendix) is signed by both the Customer and the Contractor agreeing the additional estimated costs as set out upon the form at Appendix, such additional costs subject to the same terms and conditions as the original estimated costs set out hereunder.
4.3 If the Customer declines to sign and accept the additional estimated costs as provided at 4.2 above when requested by the Contractor to do so, the Contractor is entitled to immediately cease working and the Contractor will be entitled to recover the entire costs of the Service(s) calculated pro rata upon a time spent basis in additional to the Material costs incurred, in accordance with this agreement save for these cannot exceed the previous estimated costs but still subject to the uplift at 1.3 above.
4.4 The Contractor reserves the right to revise the estimated costs upwards as many times as is necessary to cover previously unexpected additional work outside the previous estimate(s) given subject to the Contractor and Customer repeating and being subject to and taking the steps set out at 4.2 and 4.3 each time.
5. HEALTH AND SAFETY & CUSTOMER SITE OBLIGATIONS
5.1 The Customer will ensure that, if the Service(s) is to be performed on the Customer’s property the Customer is authorised to occupy and/or enter those premises and procure the Service(s).
5.2 The Customer warrants that if the Service(s) are to be performed on the Customer’s Property or at a property the Customer is lawfully authorised to request Service(s) for (the “Site”) and that at all times the Property and/or Site is safe and that all facilities provided by the Customer for the purposes of enabling the Service(s) to be performed are also safe.
5.3 The Customer will ensure that the Contractor will have unencumbered and unobstructed access to the area/s of the Property and/or Site requiring the Service(s).
6. CONTRACTORS RESPONSIBILITY & LIMITATIONS
6.1 The Contractor shall guarantee the Service(s) and shall repair a defect that is as a direct result of the Contractor’s default and/or negligence that arises within 12 months of completion of the Service(s). This requires the Customer to notify the Contractor of any defect within the aforementioned 12 month period and provide all reasonable opportunities for the Contractor and those authorised by the Contractor to have access to examine the works to inspect any alleged defect. If the defect has arisen due to misuse of a product or/and damage by the Customer or any other third party the Contractor will not be responsible for such defect.
6.2 The Customer accepts that the Contractor will not be liable for any defects that have not been notified to the Contractor within the 12 months period as per 6.1 above nor that the Contractor can be responsible for any Defect that has arisen 12 months after the provision of Service(s) and/or Materials that are alleged to be defective.
6.3 The Customer accepts that the Contractor cannot be liable for any loss or liability whether occasioned directly or indirectly arising as a result of providing these Service(s) and/or Materials that is over and above the total costs of all sums paid or payable in respect of this agreement for the Service(s) rendered hereunder and that any such liability on the part of the Contractor shall be capped not to exceed the total cost of the Service(s) agreed to be provided hereunder.
6.4 None of the estimates provided hereunder or as revised under the form at Appendix (if applicable) include costs for making good any unavoidable damage occasioned whilst installing any Materials for example but not limited to painting, filling, rendering, redecorating unless this has been specifically provided for in any written estimate signed as accepted by the Customer and the Contractor.
6.5 The Customer authorises the Contractor (if the Contractor so chooses) to take pictures and/or film of the Service(s) provided at their Property and/or Site both before, after and during the provision of the Service(s) and/or Materials as a record of state of the Service(s) provided.