The following terms and conditions of business apply to all Works carried out by The Windsor Handyman.
1) 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 The Windsor Handyman. “TWH” means The Windsor Handyman. “Contract” means the agreement between the Customer and TWH to carry out the Works of which these terms form a part thereof. “Works” means the works described in TWH’s Quote, either in writing or verbally or any other document or email issued by TWH, as may be varied by agreement in writing between the parties. For the purposes of these terms, “in writing” includes by email or text message.
No modification to the Contract shall be effective unless made by an express written agreement between the parties. 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. All Quotes given by TWH, 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, whether in the order or instructions or in any negotiations or in any course of dealing established between TWH and the Customer.
Any Quote which may be given either verbally or in writing by TWH is subject to withdrawal by TWH at any time before receipt of an acceptance by the Customer and shall be deemed to be withdrawn unless accepted within fourteen (14) calendar days from its date of issue. TWH reserves the right to increase the price before carrying out the Works should there be an increase in the cost of relevant materials, labour, equipment hire or transport since the date upon which TWH estimate was given. The Customer may cancel the Contract provided they do so before the Works commence, any relevant materials are ordered or any relevant equipment is hired. Prior to the commencement of Work TWH reserves the right to require the Customer to pay an initial payment of 25% against the full value on all Works of £500 and above. All material and part costs will be paid for by the Customer in full before the start of any Work where the cost of said materials and parts exceed £99. If TWH is required to collect materials whilst in the process of carrying out Work on Customer site the time taken to do so will be billed at the standard half hourly rate. This period will be calculated from when TWH leaves Customer site to when they return. If the Customer doesn’t provide the required materials and/or parts they will be supplied by TWH at cost plus TWH’s normal mark-up to cover handling and admin. TWH cannot offer any guarantee on materials that are supplied by the Customer. Once paid for materials are then owned by the customer. TWH offers no refunds for materials supplied except where they are found to be defective. TWH Schedule of Rates is available on-line. The Schedule of Rates specifies the first half hour and then subsequent half hourly rates. Rates are also specified for half-day (3.5 hours) and full-day (7 hours). Unless a bespoke quote has been agreed, charges are made by the first half hour and then per subsequent half hour, rounded up to the nearest half-hour. For all Work there is a minimum charge of the first half-hour rate.
4) 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. The Customer shall inspect the Works as far as it is reasonably possible to do so immediately upon completion and if considered not in accordance with the Contract, 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 deemed complete and free from any defect, which would be apparent on reasonable examination. The Customer shall provide clear and safe access to enable TWH to undertake the Works and will make all necessary arrangements with the proper person(s) or authorities for any traffic controls, signals, permits or permissions required in connection with the carrying out of the Works. The Customer will at all times provide a safe working environment for TWH for the purposes of carrying out the Works. The Customer must obtain any permission for TWH to proceed with Works over or adjacent to property belonging to third parties. The Customer shall indemnify TWH against all claims made by third parties arising out of the presence of TWH on the Customer’s property save where such claim results directly from negligence on TWH’s part. The Customers shall be liable to TWH for all loss of damage whether direct, indirect or consequential which is suffered by TWH as a result of failure or delay by the Customer in performing the obligations referred to above. The Customer must provide all necessary power and a clean water supply for TWH to use in the execution of the Works. If TWH is unable to gain access to the Customer’s premises or carry out the full Works due to failure to act by the Customer (i.e. not moved heavy items or vehicle obstructing access) the Customer will be liable to pay the full amount of the Quote or the first half-hourly rate, which ever is applicable. Should TWH need to return to finish off the Works the Customer will be liable for additional costs. This shall apply irrespective of the Works having been booked by the Customer or by someone acting on the Customers behalf e.g. tenant. Unless agreed between the parties prior to Works commencing, the Customer will be responsible for the removal from site of all waste materials resulting from the Works. For any Works lasting a half day, full day or more, if the Customer cancels the Works to be undertaken, following agreement of a date of commencement, the Customer will be liable for a cancellation charge at the following percentage of the accepted quotation;
5) The Price
The price payable by the Customer shall be in alignment with our current standard half hourly rates as listed on the website unless a bespoke Quote has been agreed. The charge shall consist of the cost of any materials supplied by TWH and the amount of time spent completing the Works as agreed (including any time spent obtaining parts and materials as stated in section 3 above) charged in accordance with the Company’s current Schedule of Rates. Quotes provided by TWH are exclusive of Value Added Tax (VAT) as TWH is below the current VAT threshold. Payment by the Customer is due upon completion of the Works. Unless otherwise agreed before Works commence payment must be made on the same day as the Work is complete and can be made in cash, major credit card or bank transfer. TWH shall be entitled to charge interest on a daily basis at 8% above The Bank of England base rate on any amount not paid in full by the due date.
7) Commencement & Completions of Work
Dates specified for the commencement and completion of the Works are estimates only. TWH shall use all reasonable endeavours to ensure that they will attend on the date and time agreed. TWH 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 TWH’s control.
8) Indemnity & Liability
The Customer shall indemnify TWH against all actions, suits, claims, demands, losses, charges, costs and expenses which TWH may suffer or incur in connection with a claim by any third party resulting from a breach of the Customers obligations, undertakings, representations and warranties in connection with this Contract. These terms set out TWH's entire liability in respect of the Works and TWH’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.
TWH liability shall be limited to:
TWH undertakes to repair or make good any defect in completed Work which appear within twelve calendar months from completion to the extent that such defect arises from a breach of TWH obligations under the Contract and provided that the Customer provides TWH with details of the defect in writing allowing TWH and its insurers the opportunity of inspection.
Under this guarantee the following exclusions apply:
TWH may seek the Customer’s prior permission to take photographs of TWH Work’s, which are displayed or transferred over the internet. Copyright in the photographs will be retained by TWH and no publication, distribution, reproduction, recording, display will be exploited by TWH. The Customer agrees that all photographs, video, data, materials and such other information relating to TWH is to be considered confidential and the Customer shall not use the Confidential Information other than for the purposes of its business with TWH. The Customer shall not disclose, publish or otherwise reveal any of the Confidential Information except with the specific prior written authorisation of TWH. When supplying the Services to the Customer, TWH may gain access to and/or acquire the ability to transfer, store or process personal data of the Customer.The parties agree that where such processing of personal data takes place, the Customer shall be the 'data controller' and TWH shall be the 'data processor' as defined in the General Data Protection Regulation (“GDPR”) as may be amended, extended and/or re-enacted from time to time. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning aligned with the GDPR. TWH shall only Process Personal Data to the extent reasonably required to enable supply of the Works as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes. TWH shall not disclose Personal Data to any third parties without prior consent from the Customer
If any provision set out in these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provisions shall not be effected. These Terms and Conditions shall be governed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Courts.