1.1 Agreement shall mean these agreed Terms and Conditions for the provision of Services.
1.2 Us, We, Our, TBHC referrs to The Better Home Company.
1.3 Customer shall mean the person or organisation that orders the Services from TBHC.
1.4 Order shall mean the formal acceptance of the Proposal by the Customer.
1.5 Products shall mean all Products supplied by us in the course of this Agreement.
1.6 Proposal shall mean the written statement of the Services that The Better Home Company offers to the Customer.
1.7 Services shall mean all Services supplied by Us in the course of this Agreement across following trades: (heating and plumbing, lighting and electrical, carpernty and joinery, handyman, painting and decorating)
1.8 Tradesmen/Tradesperson shall mean representative appointed by TBHC.
1.9 Terms and Conditions shall mean this agreed written contract between us and customer.
1.10 Works shall mean the work carried out as part of this Agreement and the physical location of the work being carried out.
1.11. Unless the context otherwise admits words importing one gender shall include all other genders and words importing the singular shall include the plural and vice versa.
1.12 Unless the context otherwise admits words importing one gender shall include all other genders and words importing the singular shall include the plural and vice versa.
2.1 No addition, alteration, substitution or waiver of these terms and conditions will be valid unless expressly accepted in writing by the us or a person authorised to sign on the our behalf.
3. Fixed Price work
3.1 Fixed price work will be charged to a customer as a fixed cost inclusive of labour and materials.
3.2 The Proposal/Estimate for fixed price work will only remain valid for a period of 30 days.
3.3 The Proposal must be accepted by the Customer in its entirety and without modification.
3.4 Acknowledgment and acceptance of this Proposal is made by the Customer by placing an Order within the period specified in paragraph 3.2 above, at which time the Customer will be bound by these Terms and Conditions.
3.5 An Order is only accepted once deposit is paid in full to TBHC. Unless agreed otherwise deposit is to be 50% of the total value of work costed in the proposal.
3.6 We reserve the right to refuse or decline to undertake any work.
3.7 We reserve the right to revise the fixed price work subject to following circumstances: – if, after sending our estimate, there is an increase in the price of products/materials – if, after sending our estimate, you instruct us to carry out additional work not included in our estimate – if there was a manifest error in the estimate when it was prepared.
4. Hourly priced work
4.1 Our charge for hourly priced work consists of: – labour priced in accordance with TBHC current hourly rates. – materials supplied by TBHC to customer at RRP or if trade price can be obtained inclusive of 25% mark up. – the hourly rate includes parking costs and congestion charge.
4.2 Charge for first hour is to be paid in full during the booking process. The total charge to you will be the time spent by our representative on the job which is charged for full and part completed hours with a minimum charge of 1 hour. It will include all reasonable time spent in obtaining materials but exclude any breaks i.e. Lunch breaks. Hourly rate jobs are payable immediately at the end of each job by card and unfortunately we cannot accept cheques (unless agreed by accounts).
4.3 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 TBHC 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.
4.4 Parts and materials supplied by us will be charged at the trade price plus 25%
5. Title, Payment and Invoices
5.1 Upon completion of our work payment is due on receipt of our invoice. Payment must be made to the operative on site.
5.2. We reserve the right to claim statutory interest at 8% above the Bank of England reference rate in force on the date the debt becomes overdue and at any subsequent rate where the reference rate changes and the debt remains unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.
5.3 Furthermore we will claim all additional costs (including, but not limited to legal costs) incurred in obtaining payment from the Customer where the Customer is late paying the TBHC.
5.4 Title to the Products comprised in the Order shall not pass to the Customer until the Customer has paid the full price. Furthermore We reserve the right to sue for the price once payment becomes due notwithstanding that title may not have passed.
5.5 Where the Customer is represented by a third party (such as a managing agent, tenant or other representative), in the event of non-payment by the Customer, the third party will be responsible for payment unless agreed otherwise in writing.
6. Our Obligations
6.1 We will carry out all Works in accordance with the Proposal and subsequent Order.
6.2 We may where necessary sub-contract parts of the Works to suitably qualified sub-contractors.
6.3 We will comply with all relevant health and safety regulations, including (but not limited to) site safety and personal safety of employees and subcontractors.
6.4 We will at all times hold appropriate and valid insurance, including public liability insurance.
6.5 We shall ensure that all Works are carried out with reasonable care and skill and to a reasonable standard.
6.6 We shall ensure that where required all relevant codes of practice are complied with.
6.7 We may at any time refuse or withdraw direct access to the Works where
required for health and safety reasons.
6.8 If during the Scheduled/pre-booked Works any issues are found that require additional time or materials and this causes an increase in costs we will send the Customer a further Proposal giving details of the extra costs and will only proceed with the Works once the Customer’s written acceptance has been received.
6.9 We shall ensure the safe and proper disposal of all waste materials generated by the Works.
7. Customer Obligations
7.1 The Customer will permit and allow TBHC access to undertake the Works.
7.2 The Customer will obtain all consents, licenses and permissions from landlords, local authorities and others, which are required before the Works can commence and in a timely manner so as not to delay the Works.
7.3 The Customer shall only access the immediate area of the Works with our express permission.
7.4 If the Customer does access the Works they (and any third party under their control) shall observe all relevant health and safety regulations and follow the advice and directions of the TBCH at all times.
7.5 The Customer shall ensure that the Works area is not used until the Works are completed.
8. Warranties and Guarantees
8.1 We warrant that the Works will be carried out using all reasonable skill and care.
8.2 We guarantee our work for a period of 6 months and the duration of the manufacturer’s guarantee for all parts or equipment supplied by us.
8.3 The guarantee will become null & void if the work completed by us is misused, modifided or tempered with by anyone else than TBHC represantative.
8.4 We cannot guarantee work which is of a temporary nature, the operative will advise you of such prior to the work being carried out
9.1 If you are not satisfied with our work, you must contact us within 14 days of
finishing the work and let us come and inspect the work and carry out the necessary remedial work at our expense. You agree that if you do not contact us within 14 days nor let us back in to rectify our work we shall have no liability. You agree to let our insurers inspect any works carried out by us.
9.2 We shall not be liable for any direct or indirect loss or damage suffered by the Customer howsoever caused, as a result of any negligence.
9.3 We and our insurers shall not be liable or investigate any claim for loss unless the Customer provides written notice 14 days of its occurrence and gives us and our insurer every facility to investigate such occurrence.
9.4 We shall not be liable to the Customer for damage caused by the Customer or any third party failing to follow instructions given by TBHC.
9.5 We will not be responsible for damage suffered to a part of the Customer’s property where that damage is in whole or in part a consequence of a defect or weakness in that part of the property
10.1 We undertake to indemnify and hold the Customer harmless against all claims, proceedings, costs, expenses, damages and fines arising from the our negligent performance, breach or failure to perform its obligations under these Terms and Conditions.
10.2 The Customer will indemnify us against all claims, costs, damages or fines that may incur arising from the Customer’s breach of its obligations under these Terms and Conditions.
11. Complaints We aim to provide a high level of service. If the Customer has an enquiry or complaint regarding the Products and Services provided by Us the relevant parties within The Better Home Company should be contacted immediately.
12.1 The Customer may cancel pre-booked fixed price work by giving us a written notice of cancellation within 48 hours of the Order having been made.
12.2 The Customer may cancel minor works and jobs on an hourly rate by calling TBHC telephone 24 hour prior to arrival of our tradesperson.
12.3 Any balance owed to the Customer will be refunded 3 working days without any further retention.
12.4 If the Customer does not notify TBHC within the time period stated in
paragraph 12.1 and 12.2 above any monies paid by the Customer will be retained in full by TBHC.
13. Force Majeure Neither party shall be liable for delay or failure to perform any obligation under this Agreement if the delay or failure is caused by any circumstances beyond its reasonable control, including but not limited to Acts of God, war, civil disorder or industrial disputes.
14. Waiver Failure by either party to enforce any accrued rights under this Agreement is not to be taken as or deemed to be a waiver of those rights unless the waiving party acknowledges the waiver in writing.
15. Assignment Neither party may assign their rights under this Agreement without the prior consent in writing of the other party.