Terms & Conditions B2B
These Terms and Conditions (“Conditions”) govern the provision of services (“Services”) by Handyman Hunter UK (“we”, “us”, or “our”), a company registered in Scotland under number SC718511, to our business customers (“Customer” or “you”). By placing an order for our Services, you confirm that you have read, understood, and agree to be bound by these Conditions.
1. Application and Interpretation
1.1. Application: These Conditions apply to the purchase of our Services. Any Order placed by you constitutes acceptance of these Conditions.
1.2. Definitions:
- “Contract” means the legally binding agreement between you and us for the supply of the Services.
- “Order” means your written or electronic request for Services as set out in your Order or written acceptance of our quotation.
- “Services” means the services described in the Order.
- Headings are for convenience only and do not affect interpretation.
2. Provision of Services
2.1. Service Delivery:Upon confirmation of your Order, we will provide a specialist tradesperson to perform the Services in accordance with the accepted Order. We warrant that the Services will be performed with reasonable care and skill and in conformity with the quotation and any material specifications. We may make changes as necessary to comply with applicable law or safety requirements and will notify you accordingly.
2.2. Booking Terms:
- Booking enquiries via phone, email, or our website require acknowledgement of these Conditions.
- Once a time and date are agreed and our availability is confirmed, you will be provided with a one-hour arrival window.
- Cancellations or changes must be made at least 24 hours in advance; otherwise, a cancellation fee of £30.00 will apply.
- Estimated dates provided in quotations are indicative only, and any additional costs due to unforeseen delays will be confirmed with you before proceeding.
2.3. Site Visits:
For certain Services, a site visit will be arranged prior to commencement. A call-out charge may apply (except in emergency cases where work is required on-site immediately).
3. Materials
3.1. Procurement: If required, our operatives may purchase materials locally or order them if not available. An administrative charge of 10% will apply, and materials will be marked up by 20% in addition to this charge.
3.2. Faulty Materials: We accept no liability for faulty parts or materials. If a fault is identified during fitting, we will exchange the material. However, if the fault becomes apparent after the job is completed, additional labour costs may apply.
3.3. Customer-Supplied Materials: If you supply materials deemed unsuitable by us, we reserve the right not to use them.
3.4. Third-Party Delays: We are not liable for delays or non-delivery of materials by third parties.
4. Customer Responsibilities
4.1. Access and Cooperation: You must provide us with access to your premises and all necessary information to perform the Services. You are responsible for obtaining any required licences or consents.
4.2. Premises Preparation: You shall prepare your property by removing or securing items, protecting furniture, and ensuring safe access to the work area. If you request that we protect your property, an additional fee will apply.
4.3. Utilities: You are responsible for supplying any necessary electricity and water. Additional charges may apply if these are not provided.
5. Basis of Contract and Ordering
5.1. Non-Offer Notice: Descriptions of our Services in advertisements, brochures, or on our website do not constitute a contractual offer. A Contract is formed only upon our written confirmation or commencement of Services.
5.2. Quotations: All quotations are valid for 14 days from the date issued unless expressly withdrawn. No variation to the Contract is effective unless agreed in writing.
5.3. Issue Resolution: If you encounter any problems with our Services, please notify us immediately with detailed information (including images where necessary).
6. Withdrawal and Cancellation
6.1. Quotation Withdrawal: We may withdraw, cancel, or amend a quotation if it is not accepted within 14 days, unless already withdrawn.
6.2. Order Cancellation: Either party may cancel an Order prior to acceptance. Amendments to an Order must be communicated in writing, with any additional costs added to the Fees.
6.3. Force Majeure: If circumstances beyond our control arise, we will notify you immediately and endeavour to minimise any impact on the Services.
7. Payment
7.1. Fees and Additional Costs:
- The fees (“Fees”) for the Services are set out in the quotation and charged on a time and materials basis.
- You shall be liable for reasonable incidental expenses (e.g., travel, hotel, subsistence), third-party service costs, and materials necessary for the Services.
- We will notify you of any additional costs as soon as reasonably practicable prior to incurring them.
7.2. Additional Services: Extra services not specified in the quotation will be charged at our applicable hourly rate or another rate agreed in writing.
7.3. Taxes: All Fees exclude applicable VAT and other taxes.
7.4. Invoicing and Payment:
- We will invoice upon completion of Services or on scheduled invoice dates as specified in the quotation.
- Payment must be made into the specified bank account within 14 days of the invoice date (or within 7 days if “Payment on Completion” is specified).
7.5. Timeliness: Time for payment is of the essence. Late payments will incur interest at 8% per annum above the Bank of England’s base lending rate, accruing daily until full payment is received.
7.6. Debt Collection: If late payment necessitates third-party debt collection, an additional fee of 10% of the outstanding amount plus a fair and reasonable administrative fee will be applied. Debt collection will be pursued only if you remain unresponsive or fail to pay within an agreed timeframe.
7.7. No Deductions: All payments must be made in full without deductions or withholdings, except as required by law. No credit, set-off, or counterclaim may be used to justify withholding any payment.
7.8. Suspension of Services: Non-payment may result in the suspension of further Services and cancellation of future orders.
7.9. Receipts and Currency: Receipts are issued upon request. All payments must be made in British Pounds unless otherwise agreed in writing.
8. Liability and Indemnity
8.1. Limitation of Liability: 8.1.1. Notwithstanding any provision to the contrary, our total liability (whether in contract, tort, misrepresentation, or otherwise) in connection with the Services shall not exceed the total fees paid by you under the Contract. 8.1.2. We shall not be liable for any indirect, special, or consequential losses or damages, including loss of profits, business, data, reputation, goodwill, business interruption, or any third-party claims arising from the Services. 8.1.3. We are not liable for any failure or delay in performing our obligations where such delay or failure is due to causes beyond our reasonable control (e.g., acts of God, industrial disputes, governmental actions). 8.1.4. Nothing in these Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, fraudulent misrepresentation, or any other liability which it would be unlawful to exclude or limit.
8.2. Indemnity: 8.2.1. You agree to indemnify and hold harmless Handyman Hunter UK, including its employees, agents, and subcontractors, from any claims, losses, damages, costs, or expenses (including legal fees) arising from: - Your breach of these Conditions; - Any negligence or misconduct by you, your agents, or employees; or - Any damage or loss to any equipment (including third-party property) caused by your actions or omissions. 8.2.2. In cases where our subcontractors or their employees cause damages due to negligence or other fault, such damages shall be the responsibility of the subcontractors at their own expense or through their insurance. We will only subcontract to parties who provide valid insurance documentation.
8.3. Claims Time Limit: Any claims arising under these Conditions must be brought within 12 months of the event giving rise to the claim. This clause shall survive the termination or expiry of the Contract.
9. Sub-Contracting and Assignment
We reserve the right to assign, transfer, or subcontract any of our rights or obligations under these Conditions, provided that any subcontractors maintain the same standards and valid insurance documentation.
10. Termination
10.1. Termination for Cause: We may terminate the Contract immediately if you commit a material breach (including non-payment) and fail to remedy such breach within 30 days of written notice.
10.2. Termination for Convenience: You may cancel an Order prior to acceptance, but you will be liable for all costs incurred up to cancellation.
10.3. Effect of Termination: Termination does not affect any accrued rights or obligations, and clauses regarding liability, indemnity, confidentiality, and governing law shall survive termination.
11. Intellectual Property
11.1. Ownership: All intellectual property rights in materials provided during the Services remain our property or that of our licensors.
11.2. License: We grant you a non-exclusive, non-transferable license to use deliverables solely for your internal business purposes, subject to full payment of all fees.
12. Data Protection
12.1. Compliance: We shall process any personal data in accordance with the UK Data Protection Act 2018 and GDPR. 12.2. Roles: You act as the data controller and we as the data processor. 12.3. Processing: We will only process personal data as reasonably necessary to perform the Services and will not retain it longer than necessary. 12.4. Confidentiality: Personal data will only be disclosed to those who require access, in accordance with our Data Protection Policy.
13. Circumstances Beyond Control (Force Majeure)
Neither party shall be liable for any failure or delay in performing its obligations due to causes beyond its reasonable control, including but not limited to power failures, industrial disputes, natural disasters, acts of war, or governmental actions. If such delay continues for 90 days, either party may terminate the Contract by written notice.
14. Communications
All notices under these Conditions must be in writing and delivered via courier, email (with receipt confirmation), or registered mail. Notices are deemed received as follows:
- Immediately if delivered in person;
- Upon confirmed receipt if sent by email or fax;
- On the fifth business day after mailing by national ordinary mail; or
- On the tenth business day if sent by airmail.
Notices must be sent to the latest address or contact details provided by each party.
15. No Waiver
Any delay or failure to exercise any right under these Conditions shall not constitute a waiver of that right or any other right, nor prevent further exercise thereof.
16. Severance
If any provision of these Conditions is found to be unlawful, invalid, or unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect.
17. Governing Law and Jurisdiction
These Conditions, and any dispute or claim arising out of or in connection with them (including non-contractual disputes), shall be governed by and construed in accordance with the law of Scotland. The Scottish courts shall have exclusive jurisdiction to settle any such disputes.