These terms and conditions shall apply to all work done and services provided by steve-handyman.com
I agree to supply to you the services (the “Services”) set out in the estimate between us (the “Estimate”) (where applicable) or work carried out without an Estimate in accordance with these Terms and Conditions (the “Terms”) and will provide such members of personnel as we believe to be reasonably necessary to supply the Services.
Steve-handyman.com does not provide any materials to the client. I am a service only provider. The responsibility for the purchase of any necessary materials to complete a job will be with the customer, however I will make a list of all materials required to complete a job. I will source the materials and even order them for you, but you (the customer) will need to make the payment and will be responsible for any goods that are delivered in a faulty condition. It is your responsibility to check the goods for faults on receipt and organize the return and replacement of faulty goods.
I (steve-handyman.com) cannot be held responsible for any faulty goods.
The Customer shall provide clear and safe access to enable steve-handyman.com 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 Customer will at all times provide a safe working environment for steve-handyman.com and its agents, franchisees and sub-contractors for the purposes of carrying out the works. Where applicable to drainage works, the customer will provide, if possible a plan showing drain layouts. If this is not available, steve-handyman.com reserves the right to render additional charges at the relevant applicable rate, if blockages occur in drains not covered by the specifications or if it is necessary to trace unidentified drains to complete the Works. The customer must obtain any permission for steve-handyman.com to proceed over property belonging to third parties. The customer shall indemnify steve-handyman.com against all claims of whatsoever nature made by third parties arising out of the presence of steve-handyman.com its agents, or sub-contractors on the customer’s property, save where such claim results directly from negligence on steve-handyman.com’s part.
The customers shall be liable to steve-handyman.com for all loss of damage whether direct, indirect or consequential which is suffered by steve-handyman.com as a result of failure or delay by the customer in performing the obligations referred to above.
Fees and Expenses
- You shall pay to me the fee for the supply of the Services, parking and materials where required (the “Fee”)
- Payment for goods & services provided by steve-handyman.com are due in cash immediately upon completion of each visit.
- if applicable, materials, consumables (drill bits, saw blades, planer blades, multi-tool blades…) parts and parking fees (pay and display, RingGo…) will be charged in addition to the labour rate.
- Save as otherwise agreed in writing between us, you shall pay all sums due to us, without deduction or set-off, upon completion of all works and materials.
- I shall, at my sole discretion and without prejudice to any other of our accrued rights, be entitled to suspend the provision of the Services.
If a Client fails to make any payment when it falls due, stevehandyman.com reserves the right to:
- Charge the Client interest on the amount unpaid.
- Charge the Client for all reasonable costs and expenses (including legal costs and costs of any third party debt recovery service) incurred by steve-handyman.com in the collection of any overdue amounts.
- There is a minimum standard administration charge of £25 whenever a Client fails to pay all monies due immediately upon completion of a visit.
- The Services shall, subject to the conditions below, continue until completion of the work.
- Either party may terminate the Services with immediate effect if the other party commits a breach of these Terms which (if capable of remedy) is not remedied within 30 days from the giving of written notice to the other party of such breach.
- Without prejudice to the generality of these conditions, I shall be entitled to terminate the Services by notice with immediate effect if any sum payable by you to me remains unpaid for more than 7 days after the date on which such payment became due.
- Notwithstanding termination of the Services the rights of the parties accrued prior to the date of termination shall not be affected; and
- Where the Services are terminated pursuant to the above conditions, you shall pay to me (without prejudice to any other rights we may have) all fees, charges and expenses that have been invoiced prior to the date of the giving of the notice, together with all fees, charges and expenses payable in respect of the period up to the termination date, including (in both cases) any Value Added Tax thereon.
Limitation on Liability
- I warrant that I will provide the Services with reasonable care and skill.
- Save as expressly provided in these Terms, all warranties, conditions or other terms implied by statute or by common law in connection with the supply of the Services are excluded to the fullest extent permitted by law.
- My entire liability in respect of any breach of our contractual obligations and in respect of any tortious act or omission, including negligence, arising under or in connection with my services shall be limited to the aggregate of all fees paid to me by you for the provision of the Services up to the date of the event giving rise to such liability.
- I shall not be liable for the following loss or damage, howsoever caused and whether or not foreseeable:-
- loss of profits, business or revenue, whether suffered by you or any other person;
- special, indirect, incidental or consequential loss, whether suffered by you or any other person;
- any losses arising by reason of any events or other matters beyond my reasonable control preventing the performance by me of any obligation under these Terms, provided that I shall use all reasonable endeavours to eliminate or overcome any of such causes and to resume performance of my obligations with all possible speed;
- any losses resulting from your failure to comply with any recommendations made by me or from any defects in your premises, fixtures and fittings, equipment, installations and goods; and
- any losses resulting from any act or default on the part of the personnel supplying the services that arises from matters outside the scope of our duties under these Terms.
- Where it is agreed between us that parts and materials are to be stored at a place nominated by you, this shall be at your own risk. You hereby agree to reimburse me in full for any losses I incur.
- Nothing in these Terms shall purport to exclude or restrict my liability for death or personal injury resulting directly from my negligence in carrying out the services.
- These Terms supersede all previous agreements and understandings between us with respect to the matters dealt with herein and, together with the any estimate (if provided), contain the entire agreement between us.
- No amendment or variation of these Terms shall be effective unless recorded in writing and signed on behalf of each of us by our respective duly authorised representatives.
- These Terms and any dispute arising out of the services shall be governed by and construed in accordance with Scottish law and you submit to the exclusive jurisdiction of the Courts of Scotland.
- The illegality, unenforceability or invalidity of any provision (or any part thereof) contained in these Terms shall not affect the legality, enforceability or validity of the remainder of its provisions or the other parts of such provision (as the case may be) which provisions shall remain in full force and effect.
- Force Majeure
I may retain your personal data, and you authorize me to use your personal data, for the following purposes:
- provision of the service to you
- keeping of a record for a reasonable period after termination of your service
- operation and enforcement of these conditions
- providing you with information about other services I offer, subject to your right to opt out of receiving such information
- legal compliance including disclosing it to any third party who I reasonably consider has a legitimate interest in any such investigation or its outcome
- instructing a third party to perform part of the service, non-waiver
- the allowance of time to pay or any other indulgence by me in respect of due to it shall in no manner affect or prejudice my right to payment together with interest provided under these conditions