Parties, Definitions and Interpretation
- These terms and conditions (the “Terms”) are the only terms which govern the sale of services (“Services” or “Work”) by the business trading as “West Handyman” which can be contacted at the address 20 Dawes Road, London, SW6 7EN (by post), firstname.lastname@example.org (by email) and +44 20 7118 9989 (by phone) (“West Handyman” or “our”) to the Customer as defined below.
- In these Terms, “Customer” or “you” is a reference to the person to whom West Handyman is supplying Services and who is required to pay for the Services supplied by West Handyman.
- Where the Customer is a company/business rather than an individual, one representative (“Representative”) shall be appointed by the Customer for all communications and payment with West Handyman, for the entire duration of the contract. Unless otherwise agreed in writing, West Handyman shall be entitled to deem that the first individual to communicate with West Handyman is the Representative and that such Representative has the necessary power and authority to make all the communications with and payment to West Handyman.
- Notwithstanding anything to the contrary contained in these Terms, West Handyman may, from time to time change the Terms without the consent of the Customer provided that such changes do not materially affect the nature or scope of the Services provided.
Performance of Services
- The Customer represents and warrants to West Handyman that the Customer:
- is (i) either the owner of the premises in which Work will take place; (ii) entitled to commission the Services without the consent of a third party/landlord or (iii) is a tenant that has obtained all the necessary consents and/or waivers from the landlord of the premises for the Services/Work to be carried out. West Handyman shall not be required to enquire into the due process of the procedures in each instance;
- has and shall maintain the necessary permissions, authorisations, consents or waivers for the Services to be carried out; and
- shall cooperate with West Handyman and respond promptly to West Handyman’s request to provide direction, information, approvals, authorizations or decisions that are reasonably necessary for West Handyman to perform the Services.
- The Customer shall cooperate with West Handyman in all matters relating to the Services and provide such access to the Customer’s premises, and such accommodation and other facilities as may be reasonably be requested by West Handyman, for the purposes of performing the Services.
- The Customer shall respond promptly to any West Handyman request to provide direction, information, approvals, authorizations or decisions that are reasonably necessary for West Handyman to perform the Services.
- The Customer acknowledges that West Handyman does not normally carry step ladders to the Work site. In the event that any Work is carried out at a height of greater than 7.7 feet (approximately 2.34 metres) above floor level (“Height Requirement”). The Customer shall inform West Handyman of this Height Requirement at the time of booking and West Handyman reserves the right to vary the Official Rates provided that the Customer is informed of the amended rate prior to the commencement of such Work. For the avoidance of doubt, the “time of booking” refers to the point in time when the Customer first communicates to West Handyman, regardless of whether such communication takes the form of phone, email or face-to-face communications.
Estimates and Rates
- Any quotes or estimates provided by West Handyman to the Customer (“Quotation”) are estimates only and cannot be guaranteed. Any Quotation made by or on behalf of West Handyman whether in writing and/or orally is only an invitation to an offer and no Quotation shall be binding upon West Handyman.
- Any Quotation given by West Handyman to the Customer is valid for 7 days after the date of issue of such Quotation.
- All Quotations are provisional only and West Handyman reserves the right to vary their Quotations in their sole and absolute discretion.
- Unless otherwise agreed as a fixed price Work, all Services provided for non-fixed price Works shall be provided at our official rates as stated in our official website, www.westhandyman.com (“Official Rates”). The Official Rates may be amended from time to time at our sole discretion.
- In respect of fixed price Work, the Customer hereby agrees that any additional Work/Services that falls outside the scope first agreed between West Handyman and the Customer (“Additional Work”) shall be provided at the Official Rates.
- Upon acceptance of our Services, all Services (including Additional Work) provided to the Customer are:
- where such Work takes less than 1 hour to complete, subject to a minimum charge of 1 hour, as calculated based on the Official Rates; and
- where such Work takes more than 1 hour to complete, calculated at 15-minute intervals thereafter based on the Official Rates.
- If the Customer requires West Handyman to shop and/or search for materials (“Searches”), such Charges shall be carried out at West Handyman’s regular hourly rates based on our Official Rates.
- The Customer shall also reimburse West Handyman for all reasonable travel and out-of-pocket expenses incurred by West Handyman in connection with the performance of the Services.
Payment of Services
- Unless otherwise agreed in writing, payment shall be made promptly by the Customer at the point of completion of the Work (“Completion”).
- Unless otherwise agreed, payment can be made by cash, debit/credit card, bank transfers and PayPal.
- West Handyman reserves the right to request a non-refundable deposit payment before commencement of any Services.
- Cheques sent by post are considered unpaid until cashed in. It is the Customer’s responsibility to ensure all cheques are valid and sent securely.
- West Handyman will readily provide invoices for businesses, companies and individuals. However, payment of Services is due within the same timescales stated above.
- Unless otherwise agreed, if payment is not made on the date of Completion, the Customer shall reimburse West Handyman for all expenses and costs, including but not limited to legal costs and costs for third-party debt recovery services, that had been incurred by West Handyman for the collection of the overdue payments.
- Other than invoices, any documentation and paperwork shall not be issued to the Customer until full payment for the Services has been made to West Handyman by the Customer.
- Any building accessories used for the Work, including but not limited to screws, brackets and fixings, belong to West Handyman until full payment for the Services has been made to West Handyman by the Customer. In the event that full payment for the Services it not made to West Handyman, the Customer undertakes that it shall provide West Handyman access to the Customer’s premises for the purposes of collecting such building accessories.
- In respect of new installations, West Handyman shall complete the Work to the reasonable satisfaction of the Customer according to acceptable standards of workmanship in accordance with trade customs and norms.
- In respect of repair works relating to existing defects, West Handyman shall use its reasonable endeavours to complete the repair, services or such works. Notwithstanding so, West Handyman shall not be obliged to carry out any further works on any concealed or latent defects that becomes apparent after the Services have been performed.
- West Handyman respects your privacy and are committed to protecting it.
- From time to time, West Handyman may seek the Customer’s prior written permission to take photographs of West Handyman’s Works, which are displayed or transferred over the internet. Copyright in the photographs will be retained by West Handyman subject that no publication, distribution, reproduction, recording, display will be exploited by West Handyman other than in strict conformity with the permission granted by the Customer.
- The Customer agree that all photographs, video, data, materials and such other information relating to West Handyman (including West Handyman’s employees, agents and assistants) (“Confidential Information”) is to be considered confidential and the Customer shall not use the Confidential Information other than for the purposes of its business with West Handyman. The Customer shall not disclose, publish or otherwise reveal any of the Confidential Information except with the specific prior written authorization of West Handyman.
- West Handyman shall not be in breach of this agreement (including the Terms) nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control.
- The time for performance of such obligations shall be extended accordingly.
Time of Essence
- As the Customer acknowledges that time is of the essence, additional charges (“Additional Charges”) (including, without limitation, time charges for waiting and/or loading) may be imposed by West Handyman on the Customer, if West Handyman is prevented from performing its Services/ Work from the time of West Handyman’s arrival at the Work site (“Significant Delays”), by reason of acts and/or omissions in connection with the Customer.
- The Additional Charges for Significant Delays shall be calculated and paid by the Customer based on the Official Rates.
- Any cancellations made by the Customer shall be made in writing 48 hours prior to the performance of such Services by sending an email to West Handyman at email@example.com.
- If the Customer does not respond to our confirmation text message and/or email to confirm the appointment of West Handyman, West Handyman shall be entitled to assume that the Customer has cancelled the appointment and West Handyman shall not be held responsible for any lack of performance or whatsoever liability thereof.
- Where any Customer provides a cancellation notice less than 48 hours in advance, the Customer shall be obliged to pay a cancellation charge to West Handyman, on the date that such payment would have been due if not for such cancellation, based on the rates set out below:
- for fixed price Works: 80% percent of the agreed fixed price, but in any case not less than an hour for each handyman; and
- for non-fixed price Works, (i) 1 hour for 1 handyman; (ii) 2 hours for 2 handymen; and (iii) 3 hours for 3 handymen.
- For the purposes of these terms and conditions, a “cancellation” is deemed to have occurred if the Work/ Services cannot be performed due to the an act or omission outside the control of West Handyman, including but not limited to the provision of the wrong address by the Customer, the absence of the Customer at the premises at the time of arrival and the if the Customer is not contactable at the time of the performance of the Services/ Work. In these instances, a cancellation charge based on the rates stated above will still be paid by the Customer to West Handyman on the date that such performance should have taken place.
- The Customer assumes all responsibility for maintaining the safety of the Work site, including accident and occupational disease prevention. It is the Customer’s responsibility and the Customer shall take all necessary measures to ensure the safety of the Work site for the entire duration of the Services provided, including but without limitation to cordon off babies, pets, small animals, livestock and birds from the area of work.
- West Handyman shall not take any responsibility or legal liability whatsoever for any of the things in the clause above for which the Customer has agreed that it alone has responsibility. Should such damage or injury occur, the Customer must notify West Handyman within 7 days of the incident.
- West Handyman reserves the right to claim compensation for damages incurred as a result of breach of contract, negligence or incapability on the part of the Customer.
- West Handyman does not provide any advice whatsoever, and shall not be held liable for advice that the Customer receives.
- If West Handyman has warned the Customer of a specific risk in the Work, and the Customer still wishes to proceed, West Handyman shall not be held liable for the consequences of any such risk and the Customer shall indemnify West Handyman for any claims, damages, loss or costs incurred. For example, if we warned in advance that certain types of drilling may crack a tiled wall, we shall not be held liable in the event that any tiles are cracked.
- West Handyman cannot be held liable for costs claimed by the Customer from (a) non attendance or late attendance on site of West Handyman, or (b) for late or non-delivery of materials/goods which are faulty or incorrectly supplied.
- West Handyman will take every measure to make sure premises are left tidy after the delivery of work. However, we do not collect waste, flatpack packaging and rubbish for disposal. The disposal of these items is left to the discretion of the Customer.
- The Customer is expected, where reasonably possible, to provide running water, lavatory facilities and electrical power for the duration of the work provided.
- All complains (if any) in respect of West Handyman’s Work/Services shall be made in writing by the Customer and sent by email to firstname.lastname@example.org. Such complain shall only be made by the Representative (if the Customer consist of a company/business); and the individual who first contacted West Handyman (if the Customer consist of individuals).
- If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of these Terms will not be affected.
- For the purposes of the Contracts (Rights of Third Parties) Act 1999, this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
- All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of England and Wales.
- Both West Handyman and the Customer agree to submit to the jurisdiction of the courts of England and Wales.