exofura      Maintenance South East London

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Terms and Conditions for the provision of Service

effective from 13/01/2017, updated on 17/3/2018

 

1.    Application

 

1.1. These Terms and Conditions solely apply to the provision of Service by the Supplier to the Customer.

 

1.2  Where the Customer instructs the Supplier to provide Service and the Supplier either accepts in writing, or acts upon, the instruction, this will be deemed as acceptance by the Parties of the Service being delivered and dealt with in accordance with these Terms and Conditions.

 

1.3  The Customer's instruction to the Supplier to deliver Service must be in writing and will only be acted on when notified in this manner.

 

2.    Definition

 

2.1  In these Terms and Conditions the following expressions have these meanings.

 

“Customer” means any individual, company or corporate body which instructs Supplier to provide Service.

 

"Supplier” means Petr Skapa, trading as exofura, address: 36 Beckenham Hill Rd., SE6 3NX, London.

 

“Start date” means date and time provided by the Supplier to start works on the Customer's site or premises, such date and time may be subject to change from time to time as notified by the Supplier.

 

“Time budget” means the estimated time provided by the Supplier to complete works and such time may be subject to change from time to time as required and notified by the Supplier.

 

“Parties” means the Customer and the Supplier.

 

“Price” means the price contained in a Quote or an Estimate for provision of Service that includes material, Delivery of Service charge and other costs incurred by the Supplier when appropriate, e.g. parking and congestion charges, postage and delivery charges, hiring equipment charges, etc.

 

"Quote"  means a fixed price offer of Service.

 

"Estimate" means an educated guess at what a Service may cost.

 

“Service” means works required by the Customer and accepted, or acted on, by the Supplier.

 

“Working Day” means a calendar day excluding all Sundays and all bank holiday days in England.

 

"Business Hours" means time between 8 am and 8 pm on Monday, Tuesday, Wednesday, Thursday, between 8am and 6pm on Friday, and between 8 am and 4 pm on Saturday.

 

“Works” means the scope of works described by the Supplier in the Price submitted to the Customer and any specification, drawings or other documents referred to within the Price.

 

"Delivery of Service" means a monetary value of Service specified in Price, or derived using Hourly Work Schedule method and definition.

 

"Hourly Work Schedule" means hourly rate in pound sterling assigned to Service provided to the Customer on hourly bases. The monetary value of the Service is calculated using a following method: one hour as a minimum charge plus half-an-hour increments of time used to carry out Works. There is no call-out charge or any other surcharge for Works carried out within Business Hours.

The hourly rate for works regarded as general plumbing and general maintenance within Business Hours  is £36.50.

The hourly rate for works involving installation, commissioning, service, remedial works, or certification of gas appliances, gas distribution pipework, or pressurized vessels within Business Hours  is £46.50.

Hourly rate attracts a 50% surcharge for works carried out during time that doesn't fall within Business Hours.

 

"Payment Date" is a day by which Customer shall pay invoice. Payment Date, regarded as standard within these Terms and Conditions, is second Working Day following invoice date. Parties can agree different payment terms in accordance with clause 4.1.

 

3.    Service

 

3.1  The Service shall be provided in accordance with the Price submitted and payment made to the Supplier by the Customer in accordance with the Payment clause 4.

 

3.2  Additional work or amendment required by the Customer that would be a variation to the original Service must be made in writing or by e-mail to the Supplier. Verbal and telephone instructions will not be acted on. The variation will be regarded as a request from the Customer to the Supplier who is under no obligation to accept and act on this variation and thereby increase the scope of the original Services being delivered.

 

3.3  Any additional information or condition that becomes evident during carrying out the Service that was not available at the time of submitting the Price will become a variation to the original Services and Price submitted. An additional Price for this work will be submitted to the Customer for acceptance, except critical work, prior to the additional work being carried out. Non acceptance of this by the Customer will result in the variation not being acted on and the work not being carried out.

 

3.4  Critical work is agreed between the Parties as being any additional work required that is considered to be safety or methodology critical to the ongoing delivery of the Service which will be at the sole determination by the Supplier. It is accepted by the Customer that these must be acted on immediately by the Supplier in which case acceptance is deemed to be given in advance by the Customer for the additional works to be carried out immediately without written instruction and payment will be made for completing these works by the Customer in accordance with Clause 4. The Customer will be notified in regards to the additional works within a reasonable time.

 

3.5  The Supplier will carry out the Service using care and attention to the highest standard reasonably expected and in regards to industrial and other regulatory requirements, health and safety, fabrication methods, selection of material, protection of surfaces, building fabric and equipment on and around the work site.

 

4.    Payment

 

4.1  The Price will be subject to full payment upon completion of the Service and delivery of the invoice for the Service deemed as complete by the Supplier, or will be a subject to payment terms defined in a prior written agreement between the Parties governing deferred payment, payment calendar or other such payment terms.

 

4.3  Additional work variations which are determined to be Critical Work by the Supplier will be paid by the Customer for the resources and durations both used or stood down as a result of the variation which resources will be recorded by the Supplier in carrying out the additional work variations. The valuing, and thereby payment, of the additional work variations which are determined as Critical Work by the Supplier will be conducted using Hourly Work Schedule current at the time of carrying out the Service.

 

4.4  Payment Date will be specified in Payment advice note which constitutes part of invoice, or second Working Day following delivery of invoice whichever comes later.

 

4.5  If payment of the invoice has not been made in full by the Customer to the Supplier by Payment Date, then interest will be charged at the rate of 30% per annum above the current Bank of England Bank Rate that applied on the Payment Date, on the full amount invoiced from the Payment Date until payment is made in full by the Customer.

 

5.    Liability

 

5.1  The Supplier shall not be liable for the loss or deferment of anticipated or actual profit, loss of revenue, loss of use, loss of production, business interruption or any similar damage or for any consequential, direct or indirect losses of any kind resulting from or arising out of or in connection with the Service or the performance thereof or any act or omission relating thereto however caused.

 

5.2  The Customer shall indemnify the Supplier for all damages, theft, costs, claims and expenses incurred by the Supplier arising from loss or damage to any equipment or materials whilst these are on the Customer's  site or premises. No cost for providing site security outside of Business Hours is included in Price unless this has been specifically agreed between the Parties.

 

5.3  The Services are offered on the basis of there being no defect period on the work once the Service has been executed fully unless a defects period has been specifically agreed between the Parties and included in Price.

 

6.    Force Majeure

 

6.1  The Customer or the Supplier shall not be held liable to the other or to be deemed to be in breach of Contract for any delay in the Service being performed if the delay was caused beyond that party’s reasonable control such as acts of God, war, sabotage, terrorism, changes to the law, acts or regulations, strikes, disruption to utility power or water supply, etc.

 

7.    Termination

 

7.1  The Supplier may terminate any agreement, with immediate effect, between the Parties for Services if any of the following occurs:

I.   The Customer in breach of the obligations under the Terms and Conditions.

II.  The Customer enters into liquidation whether compulsory or voluntary.

III. The Customer has become bankrupt or unable to pay its debts under the Insolvency Act.

 

7.2  In the event of termination under Clause 7.1 the Supplier shall retain all monies already paid by the Customer without prejudice to any other rights the Supplier may have whether in law or otherwise.

 

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