Terms and conditions
- Parties, Definitions and Interpretation
In these terms and conditions (which are referred to in this document as “these terms”), “Customer” means the customer for whom the Works are to be carried out by H&H, “H&H” means House and Home, “Contract” means the agreement between the Customer and H&H to carry out the Works, “Works” means the works described in H&H’s estimate. For the purposes of these terms, “in writing” and “written” include by email and any document which is set out in a hand held device and any signature on a hand held screen shall be treated as in writing.
2.2 All estimates given by H&H, all orders and instructions given by the Customer, and all work authorisations, are governed by these terms. They supersede any other terms appearing elsewhere and override and exclude any other terms stipulated or incorporated or referred to by the Customer.
2.4 No modification to the Contract shall be effective unless made by an express written agreement or email exchange between the parties.
2.5 Nothing in this Contract is intended to confer on any person any right to enforce any term which that person would not have but for The Contracts (Rights of Third Parties) Act 1999. Accordingly, a person who is not a party to this Contract shall have no rights under that Act to enforce any of its terms, but this does not affect any right or remedy of such person which exists or is available apart from that Act.
- The Price, Estimates and Variations
3.1 Unless H&H provides the Customer with a written estimate which is accepted by the Customer in writing in accordance with its terms, all Works will be charged on the basis of H&H’s standard Rate Card applicable at the time the Works are carried out.
3.2 Any estimate by H&H is subject to withdrawal by H&H at any time before receipt of an unqualified acceptance from the Customer and shall be deemed to be withdrawn unless so accepted within 28 days from its date.
3.3 Where H&H provides the Customer with an estimate which is accepted by the Customer in accordance with its terms, that estimate is a firm, fixed price quotation unless otherwise specified by H&H in the estimate and also except as follows:
3.3.1 An estimate is based on the information availble to H&H by the Customer. If during the Work it becomes appraent that the estimate requires to be revisedit is within the right of H&H to do so. H&H reserves the right to inform the Customer and to increase the estimated price to take account of the revised information.
3.5 H&H’s rate is charged half hourly during business hours. There is a minimum charge of one hour. Subject to that, charges are made by the half hour, rounded up to the next half hour.
3.6 Unless otherwise stated, the price and all estimates provided by H&H are shown exclusive of Value Added Tax which will be payable in addition, where properly chargeable.
3.7 If the Works involve a diagnostic process to ascertain the cause or source of a fault or breakdown and during that process an item is ascertained by H&H to be faulty and is replaced, the Customer will be liable to pay for that replacement even if the breakdown was caused in whole or in part by a different fault.
- Payment and Title
4.1 Payment by the Customer is due on completion of the Works. Payment must be made on such completion.
4.3 Snagging: Where the Works have been completed subject to snagging, 95% of all amounts outstanding must be paid on such completion and the Customer must provide access to H&H without delay to enable the snagging to be finalised. The balance of 5% will become payable upon the finalisation of the snagging or, if access has not been made available to carry out the snagging within 14 days of completion, at the expiry of such 14 day period.
4.4 Where the Customer is represented by a third party (such as a managing agent, tenant or other occupier, contractor or other representative), in the event of non-payment by the Customer, the third party will be responsible for payment unless H&H has agreed otherwise in writing.
4.6 H&H shall not be required to issue or deliver any certificates, guarantees or other similar documents regarding the Works until payment has been made in full.
4.7 Title in all parts, materials and other items supplied by H&H shall not pass to the Customer until payment for the Works has been made in full.
- The Works
All descriptions, illustrations, etc. contained in any catalogues, price lists or advertisements, or otherwise communicated to the Customer, are intended merely to present a general idea of the Works and nothing contained in any of them shall form a part of the Contract.
- Commencement and Completion Dates
Dates specified for the commencement and completion of the Works are estimates only. H&H shall use all reasonable endeavours to ensure that it will attend on the date and time agreed. However, it accepts no liability in respect of non attendance or late attendance on site or for the late or non-delivery of materials. Time shall not be of the essence of the Contract except as provided in paragraph 15 below.
- Permits, Licences, other Consents and Access
7.1 It is the responsibility of the Customer to obtain all permits, licences and other consents in connection with the Works unless H&H agrees otherwise in writing. The Customer shall provide clear access to enable H&H to undertake the Works and will make all necessary arrangements with the proper persons or authorities for any traffic controls and signals required in connection with the carrying out of the Works.
7.2 The Customer will at all times provide a safe working environment for H&H and its employees, agents and sub-contractors.
7.3 The Customer will provide all necessary power and a clean water supply for H&H’s use in the execution of the Works.
7.4 Where applicable to drainage works, the Customer will provide, if possible, a plan showing drain layouts. If this is not available, H&H reserves the right to render additional charges at the relevant applicable rate in accordance with paragraph 3 above if a blockage occurs in drains not covered by the specifications or if it is necessary to trace unidentified drains to complete the Works.
7.5 The Customer must obtain any permission for H&H to proceed over property belonging to third parties if this is necessary for the proper execution of the Works and shall obtain any permission necessary to carry out work on property belonging to third parties. The Customer shall indemnify H&H against all claims of whatsoever nature made by such third parties arising out of the presence of H&H its employees, agents or sub-contractors on the Customer’s or such third parties’ property save where such claim results directly from negligence on H&H’s part. The Customer shall be liable to H&H for all loss or damage whether direct, indirect or consequential which is suffered by H&H as a result of failure or delay by the Customer in performing the obligations referred to in this paragraph.
- Frozen Pipes
H&H will not be liable for any fracture found in frozen pipes attended by H&H. H&H will not guarantee to clear blockages occurring in a frozen pipe or drain.
- Removal of Waste Materials
Unless agreed in writing between the parties, the Customer will be responsible for the removal from site of all waste materials resulting from the Works.
- Force Majeure
H&H will use all reasonable endeavours to carry out the Works on the agreed dates but shall not be under any liability to the Customer if it should be either impossible or impracticable to carry out the Works on the agreed dates or at all, by reason of strike, lock out, industrial dispute, act of God or any other event or occurrence beyond H&H’s control.
- Inspection of Works and Complaints Procedure
11.1 The Customer shall inspect the Works as far as it is reasonably possible to do so immediately upon their completion (though failure to countersign the relevant Works Detail Sheet shall not imply rejection of the Works) and, if it considers that the Works or any part thereof are not in accordance with the Contract, it shall within 7 days from the date of inspection give detailed notice in writing thereof. In the absence of any such notice, the Works shall be conclusively presumed to be complete and free from any defect which would be apparent on reasonable examination.
11.2 If the Customer gives H&H a notice that the works or any part thereof are not in accordance with the Contract, as per paragraph 11.1 above, H&H shall be given access the site to examine the complaint and, if H&H agrees that the Works were not completed in accordance with the Contract, to make good, at H&H’S own cost and expense, any defect. If H&H does not agree with the Customer’s complaint, the Customer shall be entitled to refer the matter to the relevant trade accreditation body (of which a list is maintained on H&H’s website), with a view to mediation in accordance with the recommendations of the body, failing which the Customer shall be deemed to have withdrawn its complaint and shall be obliged to make payment in full for the Works in accordance with paragraph 4 above. If the Customer involves a third party contractor prior to giving H&H a reasonable opportunity to correct any agreed defect or prior to exhausting the procedure recommended by the relevant accreditation body, any such involvement shall be at the Customer’s own cost and expense and H&H shall be entitled to payment in full in accordance with paragraph 4 above.
12.1 Subject to paragraph 11 above and the exclusions listed in paragraph 12.4 below, H&H undertakes to repair or make good any defect in completed work which appears within 12 months of completion of the same to the extent that such defect arises from a breach of H&H’s obligations under the Contract and provided that details of the defect are notified by the Customer to H&H in writing within such period and that H&H and its insurers are given the opportunity of inspecting the work and the alleged defect. This undertaking shall only apply to work carried out and completed and invoiced by H&H and which is paid for by the Customer by the due date for payment ascertained in accordance with paragraph 4 above.
12.2 If H&H returns to the site at the Customer’s request to review a claim under this undertaking and it transpires that the defect had not arisen as a result of a breach of the Contract on the part of H&H, H&H reserves the right to charge the Customer for the visit at its standard rate as per paragraph 3 above.
12.3 H&H reserves the right not to carry out any work under this paragraph 12 where the Customer cannot evidence that the work was originally carried out and completed by H&H or where payment has not been made in full for such work.
12.4 The exclusions referred to in paragraph 12.1 above are:
– Parts, materials and other items will be provided only with the benefit of the manufacturer’s and/or supplier’s guarantee, and are not guaranteed by H&H.
– Systems or structures not installed by H&H.
– Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to H&H prior to the work having been undertaken.
– Defects resulting from misuse, willful act, or faulty workmanship by the Customer or anyone working for or under the direction of the Customer (other than H&H).
– Structural defects encompassing but not limited to subsidence and its resultant effect.
– Damage to drainage systems caused by root penetration or any other outside force.
– Any roofing work where H&H advises that the overall condition of the roof is poor and is in need of more extensive work and the work to be undertaken involves less than 20% of the area of the roof.
– Any work to repair an existing lock, or to fit any lock not supplied by H&H.
- H&H’s Liability
13.1 These terms set out H&H’s entire liability in respect of the Works and H&H’s liability under them shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities, expressed or implied, in respect of the Works and the quality thereof.
13.2 H&H’s liability shall be limited to:
– The repair or making good of any defect pursuant to its undertaking in paragraph 12 above and subject always to paragraph 11 above.
– Liability for death or personal injury resulting from negligence in the course of carrying out H&H’s duties.
– The reasonable costs of repair or reinstatement of any loss or damage to the Customer’s property if such loss or damage results from H&H’s negligence or that of its employees, agents or sub-contractors and the Customer incurs such costs.
H&H will not be responsible for damage suffered to a part of the Customer’s property (whether or not H&H is working on that part) where that damage is in whole or in part a consequence of a defect or weakness in that part of the property.
- Customer’s Liability
14.1 The Customer shall, in addition to its liability under paragraph 7.5 above and paragraph 15.1 below, be liable for:
– Any loss, damage or injury, whether direct, indirect or consequential, resulting from failure or delay in the performance of the Customer’s obligations in connection with the Contract.
– The safety of both plant and machinery belonging to or hired in by H&H or its employees, agents or sub-contractors and shall indemnify H&H against its loss, theft or damage.
14.2 The Customer shall indemnify H&H against all actions, suits, claims, demands, losses, charges, costs and expenses which H&H may suffer or incur resulting from a failure or delay in the performance of the Customer’s obligations, undertakings, representations or warranties in connection with the Contract.
15.1 If the Customer cancels the Contract without H&H’s agreement other than pursuant to paragraph 3.3 above, subject to paragraph 15.3 below, the Customer shall indemnify H&H against all loss, damage, claims or actions arising out of such cancellation unless otherwise agreed in writing, and for the avoidance of doubt any such cancellation is without prejudice to H&H’s right to payment in accordance with paragraph 4 above or to the cancellation charges pursuant to paragraph 15.4 below.
15.2 If the Customer wishes to cancel an appointment for a visit by H&H, the Customer will incur a cancellation fee of £50 (plus VAT) if the cancellation is made 2 hours or less before the scheduled appointment time unless the H&H engineer has arrived on site before notice of the cancellation is received by H&H, in which event the Customer will be liable to pay a charge for one hour at the appropriate H&H rate.
15.3 The Customer will be entitled to the following cooling off period: The period will apply with respect to planned non-emergency Works for which H&H has provided a written estimate which has been accepted by the Customer in writing and the contract price of the estimated Works exceeds £1,000. The period will be for a period of 14 days following the day of the Customer’s acceptance of the estimate, and the Customer may at any time during that period by written notice to H&H cancel the Works without any charge or penalty, subject to the cancellation charges referred to in paragraph 15.4 below and to the Works not having already commenced (with the agreement of the Customer).
15.4 When the Customer cancels Works, unless the cancellation is pursuant to paragraph 3.3 above, the Customer will be liable for (i) as a contribution to the bank and credit card charges incurred by H&H, 5% of any amount already paid to H&H and which is to be refunded by H&H, and (ii) as a contribution to the administration, demobilisation and other costs incurred by H&H, a charge of £50 (plus VAT) except that if greater, the charge is 5% of the estimate price if the cancellation is made less than 14 days prior to the specified commencement date for the Works, 10% of the estimate price if the cancellation is made less than 7 days prior to the said specified commencement date and 20% of the estimate price if the cancellation is made less than 2 days prior to the said specified commencement date.
- Waiver, Variation etc.
No waiver by H&H of any breach by the Customer shall operate as a waiver of any preceding or subsequent breach by the Customer. No variation shall be effective against H&H unless sanctioned in writing by H&H. No forbearance or delay on H&H’s part shall prejudice H&H’s rights and remedies under this Contract.