Terms & Conditions B2C
1. Application and Interpretation
1.1. Application: These Terms apply to all orders placed by individual consumers for the supply of Services. For the avoidance of doubt, these Terms do not apply to business-to-business transactions.
1.2. Definitions:
- “Contract” means the legally binding agreement between you and us for the supply of the Services.
- “Order” means your 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.
1.3. Consumer Rights: Insofar as these Terms conflict with your statutory rights under the Consumer Rights Act 2015 and other applicable legislation, those statutory rights shall prevail.
2. Provision of Services
2.1. Service Delivery: Upon confirmation of your Order, we will provide a skilled tradesperson to perform the Services in accordance with the accepted Order. We warrant that the Services will be provided with reasonable care and skill, and in accordance with the quotation and any material specifications. We may make changes as required by applicable law or safety standards and will notify you accordingly.
2.2. Booking Terms:
- When you submit a booking enquiry (by phone, email, or via our website), you acknowledge that you have read these Terms.
- Once a time and date are agreed and our availability confirmed, you will receive a one-hour arrival window.
- Cancellations or changes must be made at least 24 hours in advance. Failure to do so may result in a cancellation fee of £30.
- Any estimated dates provided are indicative only; delays due to unforeseen circumstances may incur additional charges, which we will confirm with you before proceeding.
2.3. Site Visits: Certain Services require a site visit prior to commencement. If such a visit is necessary, we will arrange a mutually convenient time. In emergency situations, a call-out charge may apply, and you will be informed in advance where possible.
3. Materials
3.1. Procurement: If required, our operatives may purchase materials locally or order them if unavailable. An administrative charge of 10% will apply, with a further 20% mark-up on materials. We will notify you of any additional costs as soon as reasonably practicable.
3.2. Faulty Materials: We accept no liability for faulty parts or materials. If a fault is identified during installation, we will exchange the material. If a fault becomes apparent after completion, additional labour charges may apply.
3.3. Customer-Supplied Materials: If you supply materials and we determine they are unsuitable, we reserve the right not to install them.
3.4. Third-Party Delays: We are not liable for any delays or non-delivery of materials by third parties.
4. Customer Responsibilities
4.1. Access and Cooperation: You must provide us with reasonable access to your premises and all necessary information to enable us to perform the Services. You are responsible for obtaining any necessary licences or consents.
4.2. Premises Preparation: You are responsible for preparing your property by removing or securing items, protecting furniture, and ensuring safe access to the work area. If you require us to provide such protection, additional charges will apply.
4.3. Utilities: You must ensure that any necessary utilities (e.g., electricity, water) are available at your expense. Failure to do so may result in additional charges.
5. Ordering and Formation of Contract
5.1. Non-Offer Notice: Any descriptions of our Services on our website, brochures, or other media 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 of the Contract is effective unless agreed in writing.
5.3. Issue Resolution: If you experience any issues with the Services, please contact us immediately with full details and supporting evidence (e.g., photographs).
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: You may cancel an Order prior to our acceptance. Any amendments must be notified in writing, and additional costs will be added to the Fees.
6.3. Force Majeure: If events beyond our control occur, we will notify you promptly and endeavour to minimise any disruption to 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 will be responsible for incidental expenses (e.g., travel, hotel, subsistence), third-party service costs, and material costs as detailed in the quotation.
- We will notify you of any additional costs prior to incurring them.
7.2. Additional Services: Any extra services not specified in the quotation will be charged at our current hourly rate or at a rate agreed in writing.
7.3. Taxes: All Fees are exclusive of VAT and other applicable taxes.
7.4. Invoicing and Payment:
- Invoices are issued upon completion of Services or on scheduled dates as specified in the quotation.
- Payment must be made into the designated bank account within 14 days of the invoice date (or within 7 days if “Payment on Completion” is specified).
7.5. Late Payment: Time for payment is of the essence. If payment is delayed, interest will be charged at 8% per annum above the Bank of England’s base rate, accruing daily until full payment is received.
7.6. Debt Collection: Should late payment require third-party debt collection, a fee of 10% of the outstanding amount plus a fair and reasonable administrative fee will be added. Debt collection is a last resort, pursued only after reasonable notice.
7.7. No Deductions: All payments must be made in full without deductions or withholdings, except as required by law. You may not offset any payment against claims or counterclaims.
7.8. Suspension of Services: Failure to pay may result in the suspension of further Services and cancellation of future orders.
7.9. Receipts and Currency: Receipts will be issued upon request. All payments must be made in British Pounds unless agreed otherwise in writing.
8. Liability and Indemnity
8.1. Limitation of Liability:
8.1.1. Our total liability (whether in contract, tort, misrepresentation, or otherwise) shall not exceed the total fees paid by you under the Contract. 8.1.2. We are not liable for any indirect, special, or consequential losses, including loss of profits, business, data, reputation, goodwill, or business interruption.
8.1.3. We are not liable for delays or failures due to causes beyond our reasonable control, including acts of God, industrial disputes, or governmental actions.
8.1.4. Nothing in these Conditions shall limit or exclude our liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any liability which it is 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 out of your breach of these Conditions, negligence, or misconduct.
8.2.2. If our subcontractors or their employees cause damage due to negligence, such damage shall be their responsibility at their own expense or through their insurance. We will only subcontract to parties with valid insurance documentation.
8.3. Claims Limitation: Any claims must be brought within 12 months of the event giving rise to the claim. The provisions of this clause shall survive termination of the Contract.
9. Intellectual Property
9.1. Ownership: All intellectual property rights in materials provided during the Services remain our property or that of our licensors.
9.2. License: We grant you a non-exclusive, non-transferable license to use any deliverables solely for your internal, personal use, subject to full payment.
10. Data Protection
10.1. Compliance: We process any personal data in accordance with the UK Data Protection Act 2018 and GDPR.
10.2. Roles: You are the data controller, and we act as the data processor.
10.3. Processing: We will only process personal data as necessary to perform the Services and will not retain it longer than required.
10.4. Disclosure: Personal data will only be disclosed on a need-to-know basis or as required by law. Refer to our Privacy Policy for further details.
11. Force Majeure
Neither party shall be liable for failure or delay in performance due to causes beyond their reasonable control (e.g., power failures, industrial disputes, natural disasters, acts of war, governmental actions). If such delay persists for 90 days, either party may terminate the Contract in writing.
12. Communications
All notices must be in writing and delivered by courier, email (with receipt confirmation), or registered mail. Notices will be deemed received as follows: immediately if delivered in person, upon confirmed receipt for email/fax, on the fifth business day for ordinary mail, or on the tenth business day for airmail.
13. No Waiver
No delay or failure in exercising any right under these Conditions shall constitute a waiver of that right or any other right.
14. Severance
If any provision is found to be invalid or unenforceable, that provision shall be severed, and the remainder of these Conditions shall remain in full force and effect.
15. Governing Law and Jurisdiction
These Conditions shall be governed by and construed in accordance with the law of Scotland. All disputes arising out of or in connection with these Conditions (including non-contractual claims) shall be subject to the exclusive jurisdiction of the Scottish courts.
16. Contact Information
For any queries or concerns regarding these Terms, please contact:
Handyman Hunter UK
Email: info@handymanhunteruk.co.uk
Phone: 0141 459 0479