For the purpose of My Property Maintenance's terms & conditions the following words shall have the following meanings:
(a) “The Customer” shall mean the person or organization for who My Property Maintenance carries out works &/or supply materials and or parts
The Electrician, Handyperson, Engineer, Builder, Operative or Gas Engineer shall mean the contractor appointed by My Property Maintenance.
2.) Right to Refusal of Any Bookings/Works Orders
My Property Maintenance and all and any workers and or contractors fully reserve the right to refuse or decline work at our own discretion. Where the Company agrees to carry out works for the Customer and or client those works shall be undertaken by the designated operative of My Property Maintenance at its absolute discretion.
3.) ‘By Time’ Charges.
The total charge to the Customer shall consist of the cost of materials supplied by My Property Maintenance (not exceeding the purchase price of materials + our charges for time, booking, admin and collection/delivery and all other related expenses and costs) & the amount of time spent by the operative in carrying out works both onsite and offsite (including all reasonable time spent in obtaining un-stocked materials) charged in accordance with My Property Maintenance current half-hourly or hourly rates. The Customer shall only be charged for the time spent related to the Customer’s work, all other time, personal mobile calls etc. is non-chargeable. All charges are subject to VAT at the prevailing rate. Any receipts acquired in purchasing our for our business, your receipts/invoices are only directly from us.
4.) FIXED PRICE WORK
Fixed price work shall be given as a firm cost, (manifest errors exempted) including labour & materials. Terms and conditions relating specifically to the quoted work, including in some cases a payment schedule, will apply. The costs and charges can change and we fully reserve the right to increase them at any stage.
5.) Estimate Charges
Where a written estimate has been supplied to the Customer the total charge to the Customer referred to in the estimate may be revised in any and the following circumstances and is only ever an estimate: —
(i) if after submission of the estimate the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the estimate.
(ii) if after submission of the estimate there is an increase in the price of materials.
(iii) if after submission of the estimate it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared.
(iv) if after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.
(v) if the job takes us longer or there is any reason we find that the work goes over, known or unknown prior to starting or during the job. We reserve the full right to not carry on with the job or booking until paid for this extra work or to stop the job or booking at anytime.
6.) Parts and or Material Collection
Collection of non-stock items is chargeable but:
(a) Time must be kept to a minimum & reasonable.
(b) If the collection time is likely to exceed 45 minutes the customer must be additionally informed of the circumstances.
The customer will provide us with details of a payment card (credit or debit) at the time the work is agreed and the customer agrees that we can debit this card in accordance with our charges.
The payment card must have sufficient credit to cover all the charges. In the event that we are unable to charge your payment card for any reason, we reserve the right to cease work immediately. Any parts and or materials purchased for your work required are due by payment immediately. We reserve the full right to add to the purchases our own fees to cover, admin, pick up, payment, postage etc etc.
My Property Maintenance has invoice terms and or credit with a customer/client. The Invoice is due for payment within 7 days from the completion of the work but upfront where a member of the public, someone not already with an account uses any of our services. By instructing these estimated works you are agreeing to the following payment terms: If you have a credit account with us 50% deposit to be paid prior to commencement of works exceeding £200 (incl VAT). If there is no credit account monies must be paid in full upfront.
Where the date &/or time for works to be carried out is agreed by the Company with the Customer, then My Property Maintenance shall use its best endeavors to ensure that the handyman/engineer shall attend on the date & at the time agreed. However, My Property Maintenance accepts no liability in respect of the non-attendance or late attendance on site of the Handyman/engineer or for the late or non-delivery of materials.
Liability of Accounts
The Customer shall accept sole liability to discharge My Property Maintenance account unless he/she discloses to the Company when initially instructing the Company to carry out work &/or supply materials that he/she is acting on behalf of a third party (including, but not limited to, a Limited Company or partnership) & receiving a written estimate) the name of the third party appears on the written estimate.
Cancellation of formally agreed quoted work
If the Customer cancels their instructions after formally accepting estimated work prior to any work being carried out or materials supplied then the Customer shall be liable for any related expenditure on both labour and materials.
If, after My Property Maintenance shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 12 months to the Company & shall afford My Property Maintenance, and its insurers, the opportunity of both inspecting such works, & carrying out any necessary remedial works if appropriate. The Customer accepts that if he or she fails to notify the Company as aforesaid then My Property Maintenance shall not be liable in respect of any defects in the works carried out.
The Guarantee shall be for labour & materials supplied by My Property Maintenance in respect of faulty workmanship or failed parts for 28 days from the date of completion. The Guarantee will become null & void if the work/appliance completed/supplied by the Company is:
(a) Subject to misuse or negligence.
(b) Repaired, modified or tampered with by anyone other than a My Property Maintenance operative. My Property Maintenance will accept no liability for, or guarantee suitability, materials supplied by the Customer & will accept no liability for any consequential damage or fault.
The company will not guarantee any work in respect of blockages in waste & drainage systems etc.
My Property Maintenance will not guarantee any work undertaken on instruction from the customer & against the written or verbal advice of the Handyman.
Work is guaranteed only in respect of work directly undertaken by the company & payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the company will not be guaranteed.
My Property Maintenance shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out. Work will not carry a guarantee where the customer has been notified by the us either verbally or in writing of any other related work which requires attention.
The customer shall be solely liable for any hazardous situation in respect of Gas Safe Regulations or Gas Warning Notice issued.
Work on inferior installations
Where My Property Maintenance agrees to carry out works on installations of inferior quality or over ten years old at that date no warranty is given in respect of such works & My Property Maintenance accepts no liability in respect of the effectiveness of such works or otherwise.
Gas Safe Registered Engineers
Engineers operate under their own Gas Safe Registration & as such are solely responsible for any Gas related work & subsequent liability.
Waiver of Terms & Conditions
These terms & conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing by a duly authorized representative of My Property Maintenance & by the Customer. Further, these terms & conditions shall prevail over any terms & conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to My Property Maintenance; by entering a contact with My Property Maintenance the Customer agrees irrevocably to waive the application of any such terms & conditions.
Ownership of parts and or goods
Ownership of any goods and or parts, supplied and or fitted by My Property Maintenance to the Customer shall not pass to the Customer but shall be retained by My Property Maintenance until payment in full for such parts and or goods has been made by the Customer to My Property Maintenance.
Delays & Cancelations
My Property Maintenance shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control, & My Property Maintenance shall be entitled to a reasonable extension of the time for performing such obligations. We will charge our full initial booking fee if there is a failure to cancel in writing within 24 hours of the booking time/date. We will wait outside a property booking for up to 20 minutes from the time booked. Our charges are still payable if this access was not available or water or electricity is not provided. If step ladders are required then this must be mentioned in the booking confirmation, we may be unable to partake in any climbing or high work, or external property work. It is up to the client or their representatives to ensure that there is hot running water and electricity at the premises for the clean to be carried out properly. Access to the property must be provided at the organized time and date by the client, if by key then these will need to be fully working without any special efforts or skills required and we accept no liability for loss or damage to keys or locks. We cannot be held liable in any way for the security of a property before, during or after our services have been carried out.
Works not carried out by My Property Maintenance
My Property Maintenance shall only be liable for rectifying works completed by us. We shall not be held responsible in any way for ensuing damage or claims resulting from this or other work overlooked or subsequently requested & not undertaken at that time or undertaken by a third party. We fully reserve all rights to not take a booking, complete a booking and or leave at any point we choice to.
Governed by English Law
These terms & conditions & all contacts awarded between My Property Maintenance & Customer shall be governed & construed in accordance with English law & shall be subject to the exclusive jurisdiction of the English law.