Terms and Conditions of Trade
These terms and conditions for the supply of goods and services will come into force upon acceptance of the Estimate, and the instruction to Skimflat to carry out the said Works contained therein.
Definitions and Interpretations
“Contract” means the contract between the Supplier and the Customer for the supply of the Works in accordance with these Terms and Conditions.
“Customer” and/or “You” shall mean the person or organisation that orders the Works from the Supplier.
“Order” shall mean the formal acceptance of the Estimate by the Customer.
“Products” shall mean all Products supplied by the Supplier in the course of this Contract, as set out in the Estimate.
“Estimate” shall mean the written statement of the Works that the Supplier offers to the Customer.
“Services” shall mean all Services supplied by the Supplier in the course of this Contract as set out in the Estimate.
“Supplier” and/or “Skimflat” shall mean the party contracted to provide the Works under this Contract.
“Terms and Conditions” shall mean this agreed written contract between the Supplier and the Customer.
“Works” shall mean the work carried out as part of this contract as set out in the Estimate at the location specified in the Estimate, including carrying out the Services and providing the Products.
Except where the context requires otherwise, words importing the masculine shall include the feminine; words importing the singular shall include the plural; words importing natural personage shall be equally applicable to corporate personage and vice versa.
References to any statutory provision, authority, rule or code of practice shall be deemed to include the amended versions, replacements or successors of such.
1 Relationship between the parties
1.1 The Customer engages the Supplier to provide the Services specified in these Terms and Conditions and attached Schedules.
1.2 No term of this agreement or course of dealings between the parties shall operate to make the Supplier and employee or agent of the Customer.
1.3 Neither party shall assign or transfer any of their rights, liabilities or obligations arising under this agreement without the prior written agreement of the other.
2. The Estimate
2.1 The Supplier shall provide to the Customer an Estimate, which shall set out:
2.1.1 The Services which the Supplier will undertake for the Customer;
2.1.2 An indicative date or time period when the Services will be performed;
2.1.3 The costs which the Customer will be charged for the performance of the Services, including:
2.1.3.1 any fees which the Supplier shall charge;
2.1.3.2 any disbursements or expenses which the Supplier will require the Customer to repay, including but not limited to, the cost of materials;
2.1.3.3 any VAT or tax element which may be or will be payable by the Customer.
2.2 The Estimate shall have a like to these Terms and Conditions as a Schedule, and will only remain valid for a period of 30 days from its date of issue. The Estimate shall not constitute an offer.
2.3 The Estimate figure stated will be the minimum cost due to be paid to the Supply, any additional works the cost will go up.
2.4 Acknowledgement and acceptance of this Estimate is made by the Customer placing an Order within the period specified in 2.2. above or as otherwise agreed by the Supplier. The Order constitutes an offer by the Customer to purchase the Works in accordance with these Terms and Conditions. The Estimate must be accepted by the Customer in its entirety and without modification. The Order shall only be deemed to be accepted when the Supplier issues written acceptance or some payment of the Order, or starts the Works, at which point and on which date the Contract shall come into existence.
2.5 The Supplier reserves the right to refuse or accept whole or part of any Order at its absolute discretion.
3. The Services and the time and manner of their delivery
3.1 The Supplier will provide such Services to the Customer as best a possible as are set out in the Estimate.
3.2 Timeframes and dates of delivery are provided for guidance only and the Supplier makes no guarantee that the Services will be performed within the specified period. For the purposes of this agreement, time shall not be off the essence, and the Supplier shall not be liable for any loss or damage suffered by the Customer as a result of the delivery of Services being delayed or postponed for any reason.
4. Payments
4.1 The contract price is set out in the Estimate which is the minimum, includes details of the charges which the Supplier will make for labour, materials and parts as well as any taxes or additional costs or expenses or disbursements which the Supplier may charge to the Customer.
4.2 The price for the Works in the Estimate is exclusive of Value Added Tax which the Customer shall be additionally liable to pay to the Supplier if VAT registered at the prevailing rate.
4.3 The intervals at which the Supplier may invoice the Customer in respect of the whole or an instalment of the contract price are set out in the Estimate.
4.4 Notwithstanding 4.1 and 4.2 above, the Supplier may vary the contract price from the amount set out in the Estimate where Services have been provided which are different from, or in addition to, those set out in the Estimate, either at the specific request of the Customer, or because additional work has been required which was not anticipated at the time the Estimate was made, or because of market fluctuations in the price of materials.
4.5 If the price of the Works increases for any reason between the date of the contract and the date of completion, the Supplier will notify the Customer of this and in an event the Supplier may invoice the Customer at the prevailing rate at the time an invoice is submitted in accordance with this clause 4.
4.6 For agreed price jobs which cannot be completed due to unforeseen circumstances which are the responsibility of the Customer, the Supplier reserves the right to charge the Customer for the remaining work on either a fixed price or day rate basis plus any materials required.
4.7 The Customer agrees:
4.7.1 not to withhold any sums due to the Supplier;
4.7.2 to settle all invoices raised by the Supplier whether interim invoices or a final invoice on completion of the Works within seven (7) calendar days of submission;
4.7.3 to pay to the Supplier interest at a rate of 10% per month above the Bank of England base rate on any payments which are not settled in accordance with section 4.7.2 above;
4.7.4 to pay to the Supplier such costs and expenses as he may incur in recovering payment from the Customer where the Customer fails to make payment in accordance with these terms and conditions.
5. Cancellation
In accordance with the Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc Regulations (2013) the Customer may cancel this contract within 7 (seven) calendar days of instructing the Supplier to carry out the Works and entering into this agreement (or within whatever extended period the Supplier may specify in the Estimate) and shall be entitled to a full refund of any monies paid to the Supplier, less an amount representing any reasonable costs which the Supplier has incurred. If the Customer requests the service to start straightaway before the expiry of the 7-day cancellation period, the Customer must pay for the value of the Service provided up to the point of cancellation. If the Services have been provided in full or by way of emergency within the cancellation period, then they must be paid for in full.
Any cancellation or request to rearrange the agreed commencement date made by the Customer outside the 7-day cancellation period may incur a cancellation and/or re-arrangement charge to be paid by the Customer to the Supplier. Charges will vary depending on how much notice is given and whether the Supplier has incurred expenses as a result of arranging the commencement date, for example hire of a skip, mixer or other machinery.
All cancellation notices must be given in writing and sent to the following email address: trevor@skimflat.co.uk
6. Customer’s obligations
6.1 The Customer shall cooperate with the Supplier as may be necessary to facilitate this agreement, including, but not limited to:
6.1.1 Permitting the Supplier access to the property or location in which the Services are to be supplied [“the Site] and assuring that such access is appropriate and adequate;
6.1.2 Where the Site is indoors, ensuring there is adequate ventilation;
6.1.3 Providing for the Supplier such facilities as may be necessary to allow the completion of the Services;
6.1.4 Following the Supplier’s reasonable instructions relating to safety and the state of work which has recently been completed by the Supplier, or is in the process of being completed, or as to the state of the Site in general, including directions and restrictions on appropriate usage, care and maintenance.
6.2 Where the Supplier stores or keeps any materials or equipment on Site, the Customer shall be responsible for the security and safety of such and shall account to the Supplier for any loss or damage.
6.3 Where the Supplier purchases materials on behalf of the Customer, a 20% restocking fee will be charged if such materials are rejected by the Customer and notified to the Supplier within 3 days of their purchase. Should such materials be rejected by the Customer more than 3 days after their purchase, they must be paid for in full.
6.4 The Customer shall be responsible for any permissions, licences or consents which are necessary in order for the Services to be provided such as building control unless otherwise agreed in writing. The Customer warrants that all such necessary permissions, licences or consents have been applied for and obtained prior to contracting the Supplier.
6.5 The Customer shall clear the Site of all furniture and property and cover any fixtures or fittings not to be affected by the Works which cannot be moved, prior to the Supplier commencing work.
6.6 If the Supplier’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation [“Customer Default”]:
6.6.1 Without limiting or affecting any other right or remedy available to it, the Supplier shall have the right to suspend performance of the Works until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of its obligations in each case to the extent the Customer Default prevents or delays the Supplier’s performance of its obligations;
6.6.2 The Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier’s failure or delay to performance any of its obligations as set out in this clause 6.5;
6.6.3 The Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default; and
6.6.4 The Supplier will be entitled to charge the Customer for all and any delay caused or contributed to by a Customer Default. The cost of the delay is the agreed day rate for each operative for each day the Works are held up.
7. Supplier’s Obligations
7.1 The Supplier shall perform all duties, services and obligations under this contract with reasonable care and skill and to a reasonable standard, and shall comply with all relevant codes of practice and statutory or regulatory requirements. The Supplier may at any time refuse or withdraw direct access to the Works where required for health and safety reasons.
7.2 The Supplier shall use best efforts and all reasonable care to identify pipes, cables in walls and any other elements of the site which are not visible to the naked eye, but in the absence of building and electrical drawings, cannot be held liable for damage caused to, or by, hidden items.
7.3 The Supplier shall take all reasonable care with the Customer’s property, including taking reasonable steps to protect the Customer’s furnishings and wall and floor coverings during the provision of the Services. The Supplier shall take all reasonable steps to minimize the transference of settlement of dust to any areas of the Customer’s property outside the immediate vicinity if the Site.
7.4 The Supplier may, where necessary, subcontract parts of the Works to subcontractors without the consent of the Customer.
7.5 If during the Works any issues are found that required additional time or materials and this causes an increase in costs, the Supplier will send the Customer a further Estimate giving details of the extra costs and will only proceed with the Works once the Customer’s written acceptance has been received.
7.6 If during the Works issues are found which the Customer should reasonably have been deemed to have known, but which have not been advised to the Supplier, the Supplier cannot be held liable for any damage or costs occurring as a result of such issues. An example might be drilling through a hidden electrical socket in a bathroom which the Customer knew about but had omitted to mention to the Supplier.
7.7 As a general rule, the Supplier will not be responsible for the disposal of waste materials generated on the Customer’s property as a result of provision of the Services. The Supplier may, at the Customer’s specific request, and at the Supplier’s sole discretion, agree to remove and dispose of such waste materials, either as a goodwill gesture, or for an additional charge, such charges to be notified to the Customer in advance. Where the Supplier has agreed to remove and dispose of waste materials, then the Supplier shall be responsible for managing and arranging the safe and lawful disposal of any such waste materials. The Customer shall be responsible for any costs of disposal where applicable.
7.8 The Supplier shall at all times hold a valid Employer’s and Public Liability insurance policy.
8. Property Rights and Assumption of Risk
8.1 Any property rights, title or ownership in any property or materials which are used by the Supplier in providing or delivering the Services shall remain with the Supplier until the Customer has made payment in full in accordance with these terms and conditions.
8.2 Risk in, and responsibility for, any products or materials which are used in the supply, performance or delivery of the Services shall pass from the Supplier to the Customer:
8.2.1 Where the Supplier is responsible for delivering the products or materials to the Customer, upon delivery; or
8.2.2 Where the Supplier is not responsible for delivery, at the moment the products or materials leave the Supplier’s premises.
9. Termination
9.1 This agreement shall continue until the Services (or any mutually agreed addition, extension of variation thereof) have been provided, or until terminated in accordance with the below.
9.2 Without prejudice to the above, this agreement may be terminated immediately where any of the following circumstances arise:
9.2.1 Either party commits a serious breach or persistent breaches of this agreement, including but not limited to the non-performance, neglect or default of any of his duties as outlined herein (including a failure on the part of the Customer to make payment within agreed timescales) and after notice of this breach has been given to the defaulting party it remains unremedied and unrectified 14 days after such notice.
9.2.2 Either party commits a breach of this agreement which cannot be rectified.
9.2.3 Either party becomes insolvent or enters into a CVA or IVA or ceases to carry on the whole or substantially the whole of its business.
9.3 Upon termination of this agreement, the Customer shall pay to the Supplier such sums as may represent work done and expenses incurred up to and including the date of termination.
9.4 Any right to terminate this agreement shall be without prejudice to any accrued rights or liabilities arising out of this agreement which are in existence at the date of termination.
10. Disclaimers and Exclusions
10.1 The Supplier shall not be responsible in any circumstances to the Customer or any third party for any loss of profit or indirect or consequential economic damage or loss, howsoever caused, whether as a result of negligence, misrepresentation, breach of contract or otherwise.
10.2 Nothing in the forgoing shall be read as restricting or limiting in any way the Supplier’s liability for death or personal injury.
11. Indemnity
The Customer shall indemnify the Supplier against any loss or damage which results from the Customer’s breach of this agreement or failure to abide by any of its terms.
12. Force Majeure
Neither party shall be liable for any delay or failure in performing its obligations or duties under this agreement which results from circumstances outside his reasonable control including but not limited to acts of God, industrial action, war, fire, threat of terrorism, civil disturbance or rioting, government or regulatory action, breakdown in plant or machinery or shortage of raw materials or supplies.
13. Warranty of Contractual Capacity
Both parties to this agreement warrant that they are authorised and permitted to enter into this agreement, and have obtained all necessary permissions and approvals.
14. Whole Agreement, Governing Law, Severability and Miscellaneous Provisions
14.1 This document constitutes the entirety of the agreement between the parties. It supersedes any prior representations which may have been made, whether orally or in writing. Any modification to this agreement must be made in writing and either emailed or signed by both parties.
14.2 This agreement shall be governed by the Law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
14.3 All clauses, sub clauses and parts thereof shall be severable and shall be read and construed independently. Should any part of this agreement be found invalid this will not affect the validity or enforceability of any other provision or of this agreement as a whole.
14.4 All terms, conditions and covenants contained in this agreement shall bind the parties and their heirs, legal representatives, successors to title and permitted assignees.
14.5 Nothing in these terms and conditions shall incur any rights on a third party and no third party may enforce any provision of this contract under the Contracts (Rights of Third Parties) Act.
14.6 The failure by either party to enforce any provision of this agreement shall not be deemed a waiver or limitation of that party’s right to subsequently compel and require strict compliance with every provision of this agreement.
15. Privacy Policy
Please visit our website skimflat.co.uk/privacy-policy for our Privacy Policy information.