Here follows quite a lot of words...
Please read them carefully as they affect your rights and liabilities as a valued Henry Fix customer. If you have any questions or concerns, please raise them at the earliest opportunity and in any event prior to work commencing. These Terms & Conditions are there to protect you and us and we present them as a mark of our professionalism and commitment to honest and transparent tradesmanship.
TERMS AND CONDITIONS
HENRY FIX LIMITED
For the purpose of these Terms and Conditions, the following words shall have the following meanings:
1.1 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.2 "Customer" means any person who purchases Services from the Company;
1.3 "Proposal" means a statement of work, estimate, quotation or other similar document describing the Services to be provided by the Company;
1.4 "Services" means the work specified in the Proposal;
1.5 "Company" means Henry Fix Limited trading as Henry Fix Pro Décor Limited;
1.6 “Tradesman” means the representative appointed by the Company to provide the Services;
1.7 “Materials” means all materials supplied and/or purchased on behalf of the Customer by the Company;
1.8 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Company.
2.1 These Terms and Conditions form part of the offer for the supply of Services made by the Company to the Customer and shall become binding upon the Customer’s acceptance of such offer.
2.2 The Terms and Conditions shall prevail over any other documentation or communication from the Customer.
2.3 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Company.
2.4 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Company may be entitled in relation to the Services, by virtue of any statute, law or regulation.
2.5 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
2.6 The Company shall be entitled, with the consent of the Customer (such consent not to be unreasonably withheld), to assign or transfer any of its rights, and/or to sub-contract or delegate any of its obligations, to any third party.
3.1 The Proposal shall remain valid for a period of 30 days. This does not affect the Company’s right to withdraw a Proposal at any time prior to its acceptance.
3.2 The Customer shall be deemed to have accepted the Proposal by booking Services with the Company ("the Booking") within the period specified in Clause 3.1.
3.3 All Bookings for Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
3.4 The Company reserves the right to refuse or decline Bookings at its own discretion.
4 PRICE AND PAYMENT
4.1 The price for the Services is as specified in the Proposal and is inclusive of any applicable charges outlined in the Proposal.
4.2 For Services estimated to take longer than one day to complete, a deposit (20% of the total amount due as specified in the Proposal) may be charged at the discretion of the Company. The deposit is payable seven days before work commences, or earlier by written or oral agreement between the parties.
4.3 The Company shall invoice the Customer on completion of the work, or earlier by written or oral agreement between the parties.
4.4 If the Customer fails to make a payment within 7 days of it becoming due, the Company shall be entitled to charge interest at the rate of 4% above the Bank of England base rate from the due date up until the date that payment is received in full by the Company. The Customer is liable for all other costs incurred in obtaining recovery of the invoice in full.
4.5 The Customer shall only be charged for the time spent related to the Customer’s work.
4.6 Collection of non-stock items during the time Services are carried out is chargeable, but:
(a) time must be kept to a reasonable minimum
(b) the Customer must be informed wherever possible when the Tradesman leaves the premises
(c) if the collection is likely to exceed 60 minutes, the Customer must be additionally informed of the circumstances.
4.7 The amount charged to the Customer shall comprise:
(a) Labour (either a fixed price or hourly-rate as specified in the Proposal)
(b) The Company’s charge in respect of the Materials, on which the Company reserves the right to charge a mark-up fee on the cost price to the Company as a means of covering time and effort involved in sourcing and obtaining such Materials; and
(c) Any of the incidental costs set out in Clause 4.8.
4.8 The Company shall be entitled to recover the following costs from the Customer:
(a) all reasonable parking expenses incurred by the Company and the Tradesman in attending the Customer’s property (and/or the premises of its preferred suppliers)
(b) all London Congestion Charge payments incurred by the Company and the Tradesman in attending the Customer’s property (and/or the premises of its preferred suppliers)
(c) a charge of £50 (per occurrence) in the event that the Customer fails to provide the Company and/or Tradesman with access to the property at a time that has been scheduled for the work or an inspection to take place
(d) the fee charged by a licensed waste carrier to dispose of any trade waste generated from the Customer’s premises.
4.9 Where a written Proposal has been supplied to the Customer, the total charge to the Customer referred to in the Proposal may be revised in the following circumstances:
(i) if after submission of the Proposal the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the Proposal.
(ii) if after submission of the Proposal there is an increase in the price of Materials.
(iii) if after submission of the Proposal it is discovered that further works need to be carried out which were not anticipated when the Proposal was prepared.
(iv) if after submission of the Proposal it is discovered that there was a manifest error when the Proposal was prepared.
5.1 Where the date and/or time for Services to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure that the Tradesman 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 Tradesman or for the late or non-delivery of Materials. The Company shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Services.
5.2 Ownership of the Materials shall not pass to the Customer until the Company has received payment in full for such Materials. Until ownership of the Materials has passed to the Customer:
(a) the Company shall have absolute authority, to repossess, sell or otherwise dispose of all or any part of the Materials
(b) the Company shall be entitled to recover payment for the Materials notwithstanding that ownership of any of the Materials has not passed from the Company.
5.3 If a Customer decides he/she no longer wants the Materials requested once installation has been carried out, the Company will charge appropriate labour rates for the removal of such materials where removal is possible. In addition, the original invoice remains entirely valid and must be paid in full.
6 CUSTOMER'S OBLIGATIONS
To enable the Company to perform its obligations the Customer shall:
6.1 co-operate with the Company ;
6.2 provide the Company with any information reasonably required by the Company including a billing address if the work is being carried out at a different address to where the Customer currently resides;
6.3 obtain all necessary permissions, licences and consents which may be required before the commencement of the Services, the cost of which shall be the sole responsibility of the Customer;
6.4 be responsible for the correctness of all measurements for Materials so given to the Company. Where these measurements are not correct and accordingly Materials which are ordered or provided by the Company are wrong, the Customer shall bear the expense of rectifying this;
6.5 be responsible for the security and safety of any Materials or equipment left on site. The Customer shall account to the Company for any loss or damage;
6.6 accept sole liability to discharge the Company’s account unless he/she has disclosed in an initial instruction (and in any event prior to work commencing) that he/she is acting on behalf of a third party (including where such third party is a limited company, partnership or other corporate entity) and, if a quote has been accepted, the name and address of the third party appears on the quote; and
6.7 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
7 COMPANY'S OBLIGATIONS
The Company shall:
7.1 perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice;
7.2 accept all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure, as far as is reasonably possible, that any Materials supplied shall be free of defects;
7.3 take all reasonable steps to match work to existing colours, finishes or other aesthetics (as the Customer may direct) but cannot guarantee any such match;
7.4 take all reasonable care with the Customer’s property, including taking reasonable steps to protect the Customer’s furnishings and wall and floor coverings during the provision of the Services;
7.5 be responsible for managing and arranging the safe and lawful disposal of any waste materials which are generated or removed from the Customer’s property as a result of the provision of the Services. See Paragraph 4.8 (d).
7.6 at all times hold a valid public liability insurance policy.
7.7 provide the following Guarantee in relation to the Services carried out:
If, within 12 months of the date of an invoice issued by the Company, the Customer gives notice in writing to the Company that it is not wholly satisfied with the work to which the invoice relates, the Customer shall afford the Company, and its insurers, the opportunity of both inspecting such works, and carrying out any necessary remedial works if appropriate.
7.7.1 The Customer accepts that if he/she fails to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.
7.7.2 Work is guaranteed only in respect of Services directly undertaken by the Company and for which payment in full has been received.
7.7.3 The Guarantee does not cover defects or flaws resulting from Customer misuse, failure to adequately and properly maintain, or general wear and tear.
7.7.4 The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of invoice and shall not extend to faults, defects or wear and tear of Materials used by the Company. The Company shall endeavour to transfer to the Company the benefit of any warranty or guarantee given to the Company in respect of Materials used.
7.7.5 The Company will not guarantee any work undertaken on instruction from the Customer and against the written or verbal advice of the Tradesman.
7.7.6 The Guarantee will become null and void if the work completed by the Company is:
(a) Subject to misuse or negligence.
(b) Repaired, modified or tampered with by anyone other than a Company Tradesman.
7.7.7 The Company shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out.
7.7.8 The Company will accept no liability for, or guarantee suitability of, materials supplied by the Customer and will accept no liability for any consequential damage or fault.
7.7.9 The Company shall, at its sole discretion, determine the manner in which it will satisfy this Guarantee, whether by repairing, re-performing, or replacing the Services, or by refunding to the Customer all or part of the monies which have been paid.
8 LIMITATION OF LIABILITY
8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Company for death or personal injury, however the Company shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services.
8.2 The Company shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
8.3 The Company 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 Company shall be entitled to a reasonable extension of the time for performing such obligations.
8.4 The Company accepts no responsibility if Materials ordered for any job by the Company through independent merchants and suppliers are delayed.
9.1 In accordance with the Cancellation of Contracts Made in a Consumer's Home or Place of Work etc. Regulations (2008) the Customer may cancel their booking within 7 calendar days of written confirmation of the booking and shall be entitled to a full refund of any monies paid to the Company, less an amount representing any reasonable administration costs which the Company has incurred. Any cancellation outside this period will not entitle the Customer to a refund of any monies paid.
9.2 If, after commencement of work, the Customer cancels their instructions prior to any work having been completed or Materials supplied then the Customer shall be liable for any related expenditure together with the profit that would have been made by the Company had the work been carried out and/or Materials supplied in accordance with such instructions.
10 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to power failure, internet service provider failure, breakdown of plant or machinery, shortage or unavailability of raw materials from a natural source of supply, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
12 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and any dispute concerning it or its interpretation shall be adjudicated in that jurisdiction.
Henry Fix Painting & Decorating is a trading name of Henry Fix Limited, a private company limited by shares registered in England & Wales, company number: 9494788. Registered office address: Broom House, 39/43 London Road, SS7 2QL.