MAIN2.CO.UK TERMS AND CONDITIONS

These Terms and Conditions shall apply to the provision of services by MAIN2.CO.UK to customers that require their services.

 

1.         Definitions and Interpretation

1.1       In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Agreement”	means the contract into which the Parties will enter on the Customer’s acceptance of the Quotation and of these Terms and Conditions;
“Agreed Date”	means the date on which the provision of the Services will commence as agreed by the Parties;
“Agreed Times”	means the times which the Parties shall agree upon during which Tradesperson (MAIN2.CO.UK) shall have access to the Property to render the Services;
“Customer”	means the individual that requires the Services subject to these Terms and Conditions;
“Final Fee”	means the total of all sums payable which shall be shown on the invoice issued in accordance with Clause 4 of these Terms and Conditions.
“Job”	means the complete rendering of the Services;
“Order”	means the Customer’s initial request to acquire the Services from MAIN2.CO.UK as set out in Clause 2 of these Terms and Conditions;
“Property”	means the Customer’s home, as detailed in the Order, at which the Services are to be rendered;
“Quotation”	means a quotation detailing proposed fees and services supplied to the Customer in accordance with Clause 2 of these Terms and Conditions;
“Quoted Fee”	means the Fee which will be quoted to the Customer following the Order which may vary according to the actual work undertaken as set out in Clause 4 of these Terms and Conditions;
“Services”	means the package chosen and repair services provided by MAIN2.CO.UK as detailed in Clause 6 of these Terms and Conditions; and
“Visit”	means any occasion, scheduled or otherwise, on which MAIN2.CO.UK shall visit the Property to render the Services.

 

1.2       Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1    “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

1.2.2    a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

1.2.3    “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;

1.2.4    a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and

1.2.5    a "Party" or the "Parties" refer to the parties to these Terms and Conditions.

1.3       The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

1.4       Words imparting the singular number shall include the plural and vice versa.

1.5       References to any gender shall include the other gender.

 

2.         Orders

2.6       MAIN2.CO.UK accepts orders for their Services through,Postal service, telephone, internet etc.

2.7       When placing an Order the Customer shall set out, in detail, the Services required.  Details required include the location and size of the Property, number and type of rooms in which work is required, the type(s) of work (e.g. wiring, installation of appliances etc.). MAIN2.CO.UK shall provide an order form to the Customer which shall provide prompts for all required information.]

2.8       Once the Order is complete and submitted MAIN2.CO.UK shall prepare and submit a Quotation to the Customer either by email or first class post which shall set out the required Deposit and Fee, detailed in Clauses 3 and 4 respectively.

2.9       The Customer shall be free to make changes to the Order and Quotation prior to acceptance.  The Customer may accept the Quotation by telephone, email or first class post.

 

3.         Deposit

3.10     At the time of accepting the Quotation or not more than 28 day period  thereafter the Customer shall be required to pay a Deposit to the MAIN2.CO.UK  The Deposit shall be  25% ( if applicable) of the Quoted Fee.  Orders shall not be deemed confirmed until the Deposit is paid in full.

3.11     Subject to the provisions of Clause 9 the Deposit shall be non-refundable.

 

4.         Fees and Payment

4.12     The Quoted Fee shall include the price payable for the Services and for the estimated parts or other goods required to render the Services.

4.13     MAIN2.CO.UK shall do their best and reasonable endeavours to use only the parts or other goods (and quantities thereof) set out in the quotation; however if additional parts or other goods are required the Final Fee shall be adjusted to reflect this.  Any such increases shall be kept to a minimum.

4.14     In the event that the price of parts or other goods or Services increase during the period between the Customer’s acceptance of the Quotation and the commencement of the Services, MAIN2.CO.UK shall inform the Customer of such increase and of any difference in the Final Fee.

4.15     MAIN2.CO.UK shall invoice the Customer when the provision of the Services is complete.

4.16     All invoices must be paid within 28 days of receipt by the Customer.

4.17     Any sums which remain unpaid following the expiry of the time period set out in sub-Clause 4.5 shall incur interest on a daily basis at 2% above the base rate of BANK OF ENGLAND obtaining at the time.

 

5.         Certification

MAIN2.CO.UK warrants they are registered with a recognised and authorised self-certification scheme and shall ensure that any and all sub-contractors engaged in accordance with Clause 7 shall also be so registered.

 

6.         Services

6.18     The Services shall be rendered in accordance with the specification set out in the accepted Quotation (as may be amended by mutual agreement from time to time).

6.19     MAIN2.CO.UK may provide sketches, plans, diagrams or similar documents in advance of the Job.  Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Job nor to guarantee specific results.

6.20     MAIN2.CO.UK shall ensure that the Services are rendered with reasonable care and skill and to a reasonable standard which is commensurate with best trade practice.

6.21     MAIN2.CO.UK shall ensure that he complies with any and all relevant codes of practice.

6.22     MAIN2.CO.UK shall properly dispose of all waste that results from his rendering of the Services.]

6.23     Time shall not be of the essence in the rendering of the Services under these Terms and Conditions.

 

7.         Sub-Contracting

MAIN2.CO.UK shall be free to sub-contract any of their obligations under these Terms and Conditions provided that any and all sub-contractors are reasonably skilled in the relevant practices and provided that no additional charges are passed on to the Customer.

 

8.         Customer’s Obligations

8.24     If any consents, licenses or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, it shall be the Customer’s responsibility to obtain the same in advance of the commencement of the Services.

8.25     MAIN2.CO.UK may require the removal of certain furniture, fixtures and fittings in the Property prior to the commencement of the Services.  Unless specifically agreed otherwise any such removal shall be the responsibility of the Customer.

8.26     The Customer shall ensure that the MAIN2.CO.UK can access the Property at the Agreed Times to render the Services.

8.27     The Customer shall have the option of giving MAIN2.CO.UK a set of keys to the Property or being present at the Agreed Times to give the Company access.  MAIN2.CO.UK warrants that all keys shall be kept safely and securely.

8.28     The Customer shall ensure that MAIN2.CO.UK has access to electrical outlets and a supply of hot and cold running water.(if applicable)

8.29     The Customer must give MAIN2.CO.UK at least  24 hours notice if MAIN2.CO.UK will be unable to provide the Services on a particular day or at a particular time. MAIN2.CO.UK will not invoice for cancelled Visits provided such notice is given.

 

9.         Cancellation

9.30     The Customer may cancel or reschedule the Job at any time before the Agreed Date.  The following shall apply to cancellation or rescheduling:

9.30.6  If the Customer cancels the Job more than 14 days before the Agreed Date MAIN2.CO.UK shall issue a full refund of all sums paid, including the Deposit.

9.30.7  If the Customer reschedules the Job more than 14 days before the Agreed Date MAIN2.CO.UK shall retain all sums paid, including the Deposit and shall deduct all such sums from any related balance payable on the rescheduled Job.

9.30.8  If the Customer cancels the Job less than 14 days but more than 28 days before the Agreed Date MAIN2.CO.UK shall refund any sums paid less the Deposit.

9.30.10            If the Customer cancels the Job less than 14 days before the Agreed Date MAIN2.CO.UK shall retain all sums paid and any outstanding sums shall become immediately payable.  No refund shall be issued.

9.31     MAIN2.CO.UK may cancel the Job at any time before the Agreed Date and shall refund all sums paid, including the Deposit.

 

10.       Liability, Indemnity and Insurance

10.32   MAIN2.CO.UK shall ensure that he has in place at all times suitable and valid insurance which shall include public liability insurance.

10.33   MAIN2.CO.UK total liability for any loss or damage caused as a result of its negligence or breach of these Terms and Conditions shall be limited to £10,OOO,OOO

10.34   MAIN2.CO.UK is not liable for any loss or damage suffered by the Customer which results from the Customer’s failure to follow any instructions given by MAIN2.CO.UK.

10.35   Nothing in these Terms and Conditions shall limit or exclude MAIN2.CO.UK's liability for death or personal injury.

10.36   MAIN2.CO.UK shall indemnify the Customer against any costs, liability, damages, loss, claims or proceedings arising out of the company's rendering of the Services or any breach of these Terms and Conditions.

10.37   The Customer shall indemnify MAIN2.CO.UK against any costs, liability, damages, loss, claims or proceedings arising out of the Customer’s failure to meet any of its obligations or any other breach of these Terms and Conditions.

 

11.       Guarantee

11.38   MAIN2.CO.UK guarantees that the product of all Services provided shall be free from any and all defects for a period of 12 months following completion of the Job.

11.39   If any defects in the product of the Services appears during the guarantee period set out in sub-Clause 11.1 the MAIN2.CO.UK shall rectify any and all such defects at no cost to the Customer.

 

12.       Data Protection

MAIN2.CO.UK will not share the Customer’s personal data with any third parties for any reasons without the prior consent of the Customer.  Such data will only be collected, processed and held in accordance with MAIN2.CO.UK rights and obligations arising under the provisions and principles of the Data Protection Act 1998.

 

13.       Notices

13.40   Unless otherwise specifically stated, all notices under these Terms and Conditions shall be in writing and be deemed duly given if signed by, or on behalf of, the Party giving the notice.

13.41   Notices shall be deemed to have been duly given:

13.41.12          when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or

13.41.13          when sent, if transmitted by fax or e-mail and a successful transmission report or return receipt is generated; or

13.41.14          on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or

13.41.15          on the tenth business day following mailing, if mailed by airmail, postage prepaid.

13.41.16          in each case addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.

 

14.       Termination

14.42   Either Party has the right to terminate the Agreement immediately if the other:

14.42.17          has committed a material breach of these Terms and Conditions, unless such breach is capable of remedy, in which case the right to terminate immediately will be exercisable if the other Party has failed to remedy the breach within 7 days after a written notice to do so; or

14.42.18          goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.

14.43   In the event of termination for default committed by the Customer, all payments required under these Terms and Conditions shall become due and immediately payable.

14.44   Any and all obligations of the Parties which either expressly or by their nature continue beyond the termination, cancellation or expiration of the Agreement shall survive termination under this Clause 14.

 

15.       No Waiver

No failure by either Party to enforce the performance of any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions.  Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.

 

16.       Severance

If any provision of 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 of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.

 

17.       Force Majeure

Neither Party to these Terms and Conditions 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.

 

18.       Law and Jurisdiction

18.45   These Terms and Conditions shall be governed by the laws of England and Wales.

18.46   Any dispute between the Parties relating to these Terms and Conditions shall fall within the jurisdiction of the courts of England and Wales.