Your contract for services with us will be governed by these ”Terms & Conditions of Business”.
1.1 These Terms and Conditions shall apply to the provision of Maintenance, Repairs and Building Services detailed overleaf (“Services”) by Samson Utilities and whose registered office is located at Little Park Farm, Bonnington Kent TN25 7AZ (“Supplier”) to you (“Client”) and to the payment of invoices. No other terms and conditions shall apply to the provision of Services or to the invoice unless agreed upon in writing between the Supplier and the Client.
1.2 The essence of these Terms and Conditions remains the same as those included with the Supplier’s quotation. The tense has been altered to reflect the inclusion of these Terms and Conditions in an invoice.
2.1 A “business day” means any day other than a Saturday, Sunday or bank holiday.
2.2 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation. Words imparting the singular number shall include the plural and vice-versa.
3.1 With effect from the commencement date stated in the quotation and in consideration of the Fees being paid in accordance with these Terms and Conditions, the Supplier shall provide the Services to the Client.
3.2 The Supplier shall use reasonable care and skill in its performance of the Services and shall ensure compliance with any and all relevant codes of practice and usual accepted standards of work. Any descriptions, promotional material, drawings or sketches provided by the Supplier or third parties are for illustrative purposes only and to provide an outline of what will be provided, unless specifically agreed in writing between the parties.
3.3 The Supplier shall use its best and reasonable endeavours to complete its performance of the Services within the time agreed as set out in the quotation; however time will not be of the essence in the performance of these obligations in the event of delays or other intervening construction related difficulties out of the Supplier’s control.
4. Client Obligations
4.1 The Client shall use its best and reasonable endeavours to provide the Supplier with access to any and all relevant information, materials, properties, access and other matters which are required to enable the Supplier to provide the agreed Services.
4.2 The Client shall use its best and reasonable endeavours to acquire any permissions, consents, licences or other matters which may be required to enable the Supplier to provide the Services.
4.2 The Supplier shall not be liable for any delay or failure to provide the Services where such delay or failure is due to the Client’s failure to comply with the provisions of this Clause 4.
4.3 Upon completion the Client will be asked to sign off the work as being satisfactory to the needs of the work being done. A signature will be required to that effect. Clients should raise or mention any complaints, concerns or awareness of any damages or unsatisfactory workmanship, and shall raise such concerns at the time with the workman in attendance. Should any damage or improvement need attending to, the workman will make a note of the same, and endeavour to make good any defects. It may be necessary to make further appointment to complete any remedial work and the Client will be advised.
4.4 Should any repair or insurance claim be required, the Client gives their authority for Samson Utilities to deal with any claim and further inspections, repairs, replacements etc. The Client should note, that once the Worksheet is completed and signed as satisfactory, no claims or complaints after that time shall be entertained, nor any liability accepted by The Supplier.
5.1 The Client may be required to pay a deposit (“Deposit”, “Survey Charge”, “Call Out Fee”) as detailed in the quotation or advised either at the time of accepting the quotation or prior to the commencement of work, or prior to any initial call-out. In the event that the Customer declines to have work undertaken by The Supplier, the Client agrees that the Call Out Fee is non-refundable and due to the survey being bespoke and in essence is a performed service at the point of delivery to the Client, and such fee is exempt from any “Cooling Off” period or entitlement to refund under the Consumer Contract Regulations.
5.2 If the Client does not pay the Deposit or Survey Charge to the Supplier prior to the survey or callout being done, the Supplier shall have the right to withhold provision of the Services until the Deposit is received or may terminate any arrangement in accordance with Clause 9.
5.3. The Deposit or survey fee shall be entirely non-refundable unless the Supplier fails to provide the Services and is at fault for such failure (where the failure is not the fault of the Supplier, no refund shall be made).
5.3.1 In the event that the Client requests a Survey or work to be done within 14 (fourteen) days of the Survey being conducted, the right to cancel under the “Cooling Off” period shall not apply as the commencement of work will invalidate such cancellation rights.
5.3.1 Any and all notices or requests to cancel any agreed work under the Consumer Contract Regulations must be communicated in writing to the postal or email address shown above. No other method is accepted.
5.4 The fees (“Fees”) for the Services are set out in the quotation.
5.5 In addition to the Fees, the Supplier is entitled to recover from the Client reasonable incidental expenses for materials used and for third party goods and / or services supplied in connection with the Services. Any such expenses are included in the invoice.
5.6 The Client agrees to pay the Supplier for any additional services provided by the Supplier that are not specified in the quotation in accordance with the Supplier’s current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between the Supplier and the Client. Any such additional services so rendered are detailed and charged for in the invoice.
5.7 The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
5.8 Any local government charges (ie for parking permits or disposal of refuse/ rubble charges) may be requested by the Supplier. If such request is made the Client agrees to pay these additionally to the cost quoted for the Services supplied or work conducted.
6. Quotation, Estimate, Contract and Variation
6.1 The quotation constitutes written acceptance and confirmation by the Supplier of the Client’s order for the Services (as agreed between the Supplier and the Client).
6.2 Having accepted the quotation which is a contractual offer to provide the Services, the Supplier agrees to enter into a contract for the provision of Services upon the Client’s acceptance of the quotation and of these Terms and Conditions.
6.3 The quotation is valid for a period of 30 (thirty) days only from the date shown overleaf unless expressly withdrawn by the Supplier at an earlier time.
6.4 Either the Supplier or the Client may cancel the order for any reason prior to the Client’s acceptance (or rejection) of the quotation and formation of the Contract for Services.
6.5 If the Client wishes to vary any details of the Services it must notify the Supplier in writing as soon as possible. The Supplier shall endeavour to make any required changes and additional costs shall be invoiced to the Client.
6.6 If, due to circumstances beyond its control, the Supplier has to make any change in the Services or the arrangements relating to the provision thereof, it shall notify the Client immediately. The Supplier shall endeavour to keep any such changes to a minimum and shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances.
7.1 Following the Client’s acceptance of the quotation, the Supplier shall issue an invoice to the Client for the Fees either:
(a) upon completion of its provision of the Services at the time of delivery; or
(b) on the date/s set out in the quotation. The Supplier reserves the right to refuse any delayed or later payment terms at all times.
7.2 If any account or invoice terms have been agreed, The Client shall pay all due Fees due under the invoice within 7 (seven) days of the date of the invoice or otherwise in accordance with any credit terms agreed between the Supplier and the Client.
7.3 Time for payment is of the essence of the contract between the Supplier and the Client. If the Client fails to make payment within the period stipulated, the Supplier shall charge the Client interest at the rate of 8% above the Bank of England base rate from time to time on the amount outstanding until payment is received in full. The supplier shall in addition, make an administration charge of a minimum of £35.00 (thirty five Pounds).
7.4 If the Client fails to make payment within the period stipluated, the Supplier shall have the right to suspend the provision of any Services (where the provision of the Services is ongoing) until payment is received in full.
7.5 Receipts for payment will be issued by the Supplier at the Client’s request.
8.1 The Supplier shall be free to sub-contract or engage a competent third party for the provision of the Services (or any part thereof).
8.2 Where the Supplier sub-contracts the provision of the Services or any part thereof it shall ensure that any and all sub-contractors are reasonably skilled in the relevant practices and shall not pass any additional charges that may be incurred through the use of such sub-contractors on to the Client.
9.1 The Supplier may terminate the provision of the Services immediately if:
(a) the Client commits a material breach of its obligations under these Terms and Conditions; or
(b) the Client is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors.
10. Intellectual Property
The Supplier reserves all copyright and any other intellectual property rights (if any) which may subsist in the products of, or in connection with, the provision of the Services. The Supplier reserves the right to take such action as may be appropriate to restrain or prevent the infringement of any such of its intellectual property rights.
11. Liability and Indemnity
11.1.1 If the Supplier fails (or has failed) to perform the Services with reasonable care and skill it shall carry out all required remedial action at no additional cost to the Client.
11.2 The Supplier shall not be liable to the Client or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the Supplier’s obligations if such delay or failure is due to any cause beyond the Supplier’s reasonable control.
11.3 The Client shall indemnify the Supplier against all damages, costs, claims and expenses suffered by the Supplier arising from any loss or damage to any equipment (including that belonging to third parties) caused by the Client.
12. Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
13.1 All notices under these Terms and Conditions shall be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
13.2 Notices shall be deemed to have been duly given:
(a) when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
(b) when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
(c) on the fifth business day following mailing, if mailed by national ordinary mail;
13.3 All notices under these Terms and Conditions shall be addressed to the most recent address, email address or fax number notified to the other party.
14. No Waiver
14.1 No waiver by the Supplier of any breach of these Terms and Conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.2 No failure or delay on the part of either the Supplier or the Client to exercise any right, power or privilege under these Terms and Conditions shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude, any other or further exercise of any other right, power or privilege.
In the event that one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise enforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable).
16. Consumer Rights
Nothing in these Terms and Conditions shall affect the Client’s statutory rights as a consumer.
17. Law and Jurisdiction
17.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
17.2 Any dispute, controversy, proceedings or claim between the Seller and the Buyer relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.