Terms and Conditions
1.1 The Customer by this agreement (the “Agreement”‘) engages the Contractor to perform the services (the “Services”] described as detailed in the Customers request and the Contractor has agreed to perform the Services for the Customer for the price (the “contractor’s Fees”) either as an agreed quoted job or by the Contractors rates.
1.2 The Contractor represents and warrants to the Customer that the Contractor has all the necessary skills, knowledge, experience and expertise to perform the Services and will perform the Services to a good and proper standard.
1.3 The Contractor holds all necessary licences and permits required in order to allow the Contractor to perform the Services.
2.0 THE PRICE, PAYMENT AND VARIATIONS
2.1 The Customer has agreed to pay the Contractor the Contractor’s Fees on or before the final day of the month following the date of the Contractor’s invoice to the Customer. The invoice may be full and final or may be only in part if work is ongoing or has not been completed by month end.
2.2 In respect of the Contractor’s Fees, the Contractor will issue a tax invoice for the Services setting out the Services performed and the date they were performed. The tax invoice will also separately identify all expenses.
2.3 The method of payment of the Contractor’s Fees will be by bank deposit.
3.0 STANDARD OF SERVICES
3.1 The Contractor will perform the Services in a proper and competent manner. Where there are any applicable industry standards and codes, they will to the extent to which they are not inconsistent with any of the terms of the Agreement be at all times complied with by the Contractor. All those standards and codes to the extent they are not inconsistent with the terms of the Agreement are to apply as if they were express terms of this Agreement.
3.2 The Contractor represents to the Customer that the Contractor and all the Contractor’s employees and permitted subcontractors are properly qualified, experienced, licensed (where applicable) and competent to properly perform and will perform the Services to the required standards and codes.
4.0 EQUIPMENT AND MATERIALS
4.1 The Contractor will provide all equipment and all materials as may be necessary to properly and efficiently perform the Services, unless as otherwise agreed. All equipment will be safe for use, be properly maintained and capable of being used to carry out the Services.
5.0 VARIATION TO THE SERVICES
5.1 The Customer may require a variation (the “Variation”) to the Services. Any request must be in writing setting out full details of such Variation. The Contractor will provide a quotation for performing the Services as varied which additional sum will be added to the Price if accepted by the Customer. If the Customer does not accept the Quotation, the Contractor is not obliged to carry out the Variation.
5.2 The Customer must pay for the Variation in the manner and at the time set out in the Contractor’s quotation.
6.0 WORKPLACE HEALTH & SAFETY
6.1 The Customer must ensure that if the Services are to be performed on the Customer’s property that at all times the property is safe and that all facilities provided by the Customer to the Contractor for the purposes of enabling the Services to be performed are also safe.
6.2 The Contractor will ensure that at all times in performing the Services it uses safe and proper procedures and practices and that all its employees are properly trained and supervised and observe all proper safety practices. Where protective equipment, materials or clothing are required these will be provided by the Contractor and the Contractor will ensure that these are used at all relevant times.
7.0 BREACH BY CONTRACTOR
7.1 If the Contractor breaches any of its contractual obligations under the Agreement and tails to remedy that breach promptly and in any event within 3 days then the Customer may by written notice to the Contractor terminate the Agreement.
7.2 Upon termination of the Agreement the Customer must pay the Contractor for the Services actually done to that date (the date of termination) less any loss or additional cost which the Customer may suffer or incur to have the remainder of the Services completed.
7.3 Where the Contractor tails to perform the Services properly to the standard required in the Agreement then the Customer is entitled to claim all damages, loss and compensation which directly or indirectly are a consequence of the Contractor’s failure to perform the Services properly.
8.0 BREACH BY THE CUSTOMER
8.1 If the Customer fails to pay the whole or any part of the Contractor’s Fees without reasonable and lawful excuse, the Contractor may at the Contractor’s absolute discretion:
8.1.a suspend the performance of the Services until the Contractor’s Fees then outstanding are paid; and/or
8.1.b serve a written notice on the Customer requiring the outstanding amount of the Contractor’s Fees to be paid within 7 days and if not so paid by written notice terminate the Agreement; and/or
8.1.c sue the Customer for the outstanding Contractor’s Fees as a debt immediately due and owing.
9.1 The Customer undertakes to keep all information which the Customer acquires from the Contractor or about the Contractor strictly private and confidential and must not disclose that information to any person without the Contractor’s prior written consent. Nothing in this clause prevents the Customer from fully using and enjoying the Services.
9.2 The Contractor undertakes to keep all information which the Contractor acquires from the Customer or about the Customer’s business strictly private and confidential and will not disclose that information to any person without the Customer’s prior written consent. The Contractor will not use any such confidential information so acquired except for the proper purpose of performing and providing the Services.
10.0 INTELLECTUAL PROPERTY
10.1 If the Services involve the creation of any intellectual property including any copyrightable materials or works then unless otherwise expressly agreed in writing the Customer acknowledges that the Contractor is the legal and beneficial owner of all such intellectual property.
10.2 Where the Customer provides access to the Contractor to the Customer’s intellectual property, nothing in the Agreement gives the Contractor any interest in the Customer’s intellectual property and the Contractor will only use the Customer’s intellectual property for the proper performance of the Services.
11.0 LIMITATION ON WARRANTY
11.1 The Contractor warrants to the Customer that all the Services it performs will be fit for their intended purpose, will be capable of being used by the Customer for their intended purpose and will perform in accordance within their applicable specifications (if any).
11.2 All Statutory Warranties that can be lawfully excluded are hereby expressly excluded.
11.3 Where the Services are not of the kind ordinarily required for personal, domestic or household use or consumption then the liability of the Contractor is limited to, at the discretion of the Contractor:
11.3.a the supplying of the Services again; or
11.3.b the payment of the costs of having the Services supplied again.
12.0 SUB CONTRACTING
12.1 The Contractor may use sub-contractors to provide any of the Services. In such circumstances, it will be the responsibility of the Contractor to ensure that:
12.1.a the sub-contractors so engaged are suitably qualified, hold all necessary licences, and are otherwise able to perform the Services in a proper and workman-like manner; and
12.1.b the sub-contractors so engaged do not by act or omission do or not do anything that would if done or not done by the Contractor be a breach any of the terms of this Agreement; and
12.1.c the sub-contractors so engaged have current or necessary insurances.
12.2 The Contractor is solely responsible for all fees payable to sub-contractors.