Terms & Conditions
1) Parties, Definitions and Interpretation
In these terms and conditions (which are referred to in this
document as "these terms"), "Client" means the client for whom the
Works are to be provided by the Contractor, "Contractor" means
Aspect Maintenance Services Limited, trading as Aspect Maintenance
Services, Contract means the agreement between the Client and the
Contractor 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 Client and the Contractor (the Agreement)) the Agreement, Works
means the works described in the Contractor's estimate and/or as
referred to in the Contractor's Work Detail Sheet or any other
document or email issued by the Contractor, 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 feminine gender and
words importing the singular number include also the plural number,
where the context so requires.
2) General
2.1 The Client will be treated as an Account Client or a
Non-Account Client, according to the Contractors reasonable
discretion.
2.2 All estimates given by the Contractor, all orders and
instructions given by the Client, 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 Client, whether in the order or
instructions or in any negotiations or in any course of dealing
established between the Contractor and the Client, except where
these terms are a schedule to a signed Agreement between the Client
and the Contractor, in which event these terms apply only to the
extent not inconsistent with that Agreement.
2.3 The Client acknowledges that the Contractor has not made
any representations (other than any expressly stated in the
Contract and/or in the Contractor's estimate) which have induced it
to enter into the Contract and the Contract shall constitute the
entire understanding between the Client and the Contractor for the
performance of the Works (and detailed in paragraph 4
below).
2.4 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 Contractor of any
documentation of the Client shall not imply any modification of the
Contract.
2.5 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) Estimates and variations to the price
3.1 Any estimate by the Contractor is subject to withdrawal
by the Contractor at any time before receipt of an unqualified
acceptance from the Client and shall be deemed to be withdrawn
unless so accepted within 28 days from its date.
3.2 Unless otherwise specified by the Contractor in the
relevant estimate, 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 Contractor.
The Contractor's final price will be calculated on the basis
specified in the estimate, if any, or, if none, in accordance with
the Contractor's standard Account Rate Card applicable at the time
the Works are carried out and may be increased above (but not
reduced below) the specified price. Furthermore, the Contractor
reserves the right to increase the price before carrying out the
Works by an amount equivalent to any increase to the Contractor in
the cost of relevant materials, labour, equipment hire or transport
since the date upon which the Contractor's estimate, written,
emailed or oral, was given, save that if this would increase the
estimated price by more than 10%, the Client 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 Contractor reserves the right to charge a fee for the
collection of materials from its supplier. If the collection occurs
whilst the Contractor is on site, the time taken will be treated as
an addition to the Works and charged at the relevant rate. If the
materials are ordered for subsequent collection and delivery, a
charge may be made by the Contractor of £50 plus VAT, or more
if collection of the relevant materials is from outside the
M25.
3.4 The Contractors standard Account Rate Card is available
for inspection at the Contractors premises during normal business
hours. The Account Rate Card specifies hourly rates.
Part hours worked are charged at the full hourly rate.
4) The Works
All descriptions and illustrations etc. contained in any
catalogues, price lists and advertisements, or otherwise
communicated to the Client, are intended merely to present a
general idea of the Works and nothing contained in any of them
shall form a part of the Contract.
5) The Price
The price payable by the Client is calculated as specified in
paragraph 3 above. Unless otherwise stated, the price and all
estimates provided by the Contractor are shown exclusive of Value
Added Tax which will be payable in addition where properly
chargeable.
6) Payment
6.1 Non-Account Clients: Payment by the Client is due on completion
of the Works. Payment must be made on such
completion.
6.2 Account Clients: The Contractor will seek to submit
invoices to the Client within 14 days of completion of the Works
and, subject to paragraph 8 below, payment must be made by the
Client within 30 days after the date of issue of the invoice.
6.3 The Contractor shall be entitled to interest on a daily
basis on any amount not paid on the due date for payment from such
due date until payment in full at 4% above the Bank of England base
rate at the relevant time.
6.4 The Contractor 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.
7) Commencement and Completion Dates
Dates specified for the commencement and completion of the Works
are estimates only and time shall not be of the essence of the
Contract except as provided in paragraph 16 below.
8) Inspection of Works
The Client shall inspect the Works as far as it is reasonably
possible to do so immediately upon their completion 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) Indemnity
The Client shall indemnify the Contractor against all actions,
suits, claims, demands, losses, charges, costs and expenses which
the Contractor may suffer or incur in connection with a claim by
any third party resulting from a breach of the Client's
obligations, undertakings, representations and warranties in
connection with this Contract.
10) Whole agreement and Exclusion of
liability
These terms set out the Contractor's entire liability in respect of
the Works and the Contractors 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.
11) Limitation of Liability, and Liability of the
Contractor
The Contractors 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 Contractors duties,
and
11.3 the reasonable costs of repair or reinstatement of any
loss or damage to the Client's property if such loss or damage
results from the Contractor's negligence or that of its employees,
agents or sub-contractors and the Client incurs such costs.
12) Access
The Client shall provide clear access to enable the Contractor 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 Client will at all times
provide a safe working environment for the Contractor and its
employees, agents and sub-contractors for the purposes of carrying
out the Works. Where applicable to drainage works, the Client
will provide, if possible, a plan showing drain layouts. If this is
not available, the Contractor 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 Client must obtain any permission
for the Contractor to proceed over property belonging to third
parties if this is necessary for the proper execution of the Works
and shall obtain any permission necessary to carry out work on
property belonging to third parties. The Client shall indemnify the
Contractor against all claims of whatsoever nature made by third
parties arising out of the presence of the Contractor its
employees, agents or sub-contractors on the Client's property save
where such claim results directly from negligence on the
Contractor's part. The Client shall be liable to the Contractor for
all loss or damage whether direct, indirect or consequential which
is suffered by the Contractor as a result of failure or delay by
the Client in performing the obligations referred to above.
13) Defects
Subject to paragraph 8 above and the exclusions listed below, the
Contractor undertakes to repair or make good any defect in
completed work which appears within six months of completion of the
same and which is notified by the Client in writing to the
Contractor within such period to the extent that such defect arises
from a breach of the Contractors obligations under this Contract.
This undertaking shall only apply to work carried out and completed
and invoiced by the Contractor and which is paid for by the Client
by the due date for payment ascertained in accordance with
paragraph 6 above. If the Contractor returns to the site at the
Clients request to review a claim under this undertaking and it
transpires that the defect had not arisen as a result of a breach
of this Contract on the part of the Contractor, the Contractor
reserves the right to charge the Client for the visit at its
standard rate as per paragraph 3 above. The Contractor reserves the
right not to carry out any work under this paragraph 13 where the
Client cannot evidence that the work was originally carried out and
completed by the Contractor or where payment has not been made in
full for such work. Exclusions are:
- Systems or structures not installed by the Contractor.
- Any recall arising from circumstances or factors known to
the Client but not notified or disclosed to the Contractor prior to
the work having been undertaken.
- Defects resulting from misuse, wilful act, or faulty
workmanship by the Client or anyone working for or under the
direction of the Client.
- 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 Contractor advises that the
overall condition of the roof is poor and is in need of more
extensive work and the work to be undertaken involves less than 20%
of the area of the roof.
- Any work to repair an existing lock, or to fit any lock not
supplied by the Contractor.
14) Force Majeure
The Contractor will use all reasonable endeavours to carry out the
Works on the agreed dates but shall not be under any liability to
the Client 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 Contractor's control.
15) Client's Liability
The Client 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 Client's obligations under these terms.
- Providing all necessary power and a clean water supply for
the Contractors use in the execution of the contracted works.
- The safety of both plant and machinery belonging to or hired
in by the Contractor or its employees, agents or sub-contractors
and shall indemnify the Contractor against its loss, theft or
damage.
16) Cancellation
16.1 If the Client cancels the Contract without the
Contractors consent other than pursuant to paragraph 3.2 above, the
Client shall indemnify the Contractor against all loss, damage,
claims or 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 Contractors right to
payment in accordance with paragraph 6 above.
16.2 If the Client wishes to cancel an appointment for a
visit by the Contractor, the Client will incur a cancellation fee
of £50 (plus VAT) unless it does so more than two hours prior
to the time scheduled for the appointment.
16.3 If the Client cancels work to be undertaken pursuant to
an estimate accepted by the Client, subject to paragraph 3.2 above
the Client will be liable for a cancellation charge of 5% of the
estimate price 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.
17) Removal of Waste Materials
Unless agreed in writing between the parties, the Client will be
responsible for the removal from site of all waste materials
resulting from the Works.
18) Frozen Pipes
The Contractor will not be liable for any fracture found in frozen
pipes attended by the Contractor. The Contractor will not guarantee
to clear blockages occurring in a frozen pipe or drain.
19) Waiver, Variation etc.
No waiver by the Contractor of any breach by the Client shall
operate as a waiver of any preceding or subsequent breach by the
Client. No variation shall be effective against the Contractor
unless sanctioned in writing by the Contractor. No forbearance or
delay on the Contractor's part shall prejudice the Contractor's
rights and remedies under this Contract.