Stoneview Maintenance – Agent – TERMS AND CONDITIONS
- 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 or Job order and of these Terms and Conditions which shall incorporate, and be subject to, any quotations and prices already provided to.|
|“Agreed Date”||means the date on which the provision of the Services will commence as agreed by both parties.|
|“Agreed Times”||means the times which the Parties shall agree upon during which Stoneview shall have access to the Property to render the Services.|
|“Business Days”||means, any day Monday to Friday 8 till 5 except Saturday, Sunday or Bank holidays or after 5pm week day which are non-business days.|
|“Confidential Information”||means, in relation to either Party, information which is disclosed to that Party by the other Party pursuant to or in connection with the Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such);|
|“Customer”||means the individual or business that requires the Services subject to these Terms and Conditions and the Agreement;|
|“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 the Stoneview as set out in Clause 2 of these Terms and Conditions;|
|“Property”||means the Customer’s property or premises, as detailed in the Order and the Agreement, at which the Services are to be rendered;|
means a quotation detailing proposed fees and services supplied to the Customer in accordance with Clause 2 of these Terms and Conditions; this is where no investigation is required and where the item which is going to be quoted for doesn’t require any tools to access or investigate or specialist tradesman to assess. i.e non investigation items, redecorate a room, change a bath, retile an area etc…these are something that can easily be seen and measured to quote.
Find the cause of an issue is an investigation.
means that an engineer is required to investigate to find the cause of an issues using tools and expert knowledge to provide the Customer a quote to rectify the issues.
This is a chargeable service.
|“Services”||means the building or maintenance services provided by Stoneview as detailed in Clause 5 of these Terms and Conditions;|
|“Visit”||means any occasion, scheduled or otherwise, on which Stoneview shall visit the Property to render the Services.|
means the part of the Property or grounds within which the Services are to be rendered.
means the agreed percentage that the client would like as a claw back on every job approved by the client once the job has been completed and invoiced by Stoneview.
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 Schedule is a schedule to these Terms and Conditions;
1.2.5 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.
1.2.6 A “Party” or the “Parties” refer to the parties to the Agreement.
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.
1.6 References to persons shall include corporations.
2.1 Stoneview accepts orders for Services to be rendered only by Email or in the event of an out of hours’ emergency which can be via phone on 0333 577 0095.
2.2 When placing an Order, the Customer shall set out, in detail the Services required. Details required include the Full address, Any access details, Contact details of the occupiers. Full description of what is required with number and type of rooms in which work is required.
2.3 Once the Order is received, Stoneview will assign and engineer to carry out works required as per our pricing structure already provided and agreed with.
2.4 Our engineer will attend site and if the works can be carried out with in the hours call out rate with a maximum of £30 material cost then the works will be completed if works are more extensive and cannot be completed within the hour then we will make safe and provide you with a quotation which we shall prepare and submit to the Customer by email which shall set out the required Deposit and Fee, detailed in Clauses 3 and 4 respectively.
2.5 Parking costs will be charged accordingly.
2.6 All call outs or investigations carried out including any materials used for works rendered will be invoiced, if further works are required this will be quoted,
2.7 Please note initial investigations will be invoiced independently and will not be included in the quotation provided and will need to be paid despite if the quotation is approved or not.
3.1 The Customer shall be free to make changes to the Order and Quotation prior to acceptance. The Customer may accept the Quotation by email only and clearly stating quotation number and the words “quotation Number ….” accepted please proceed.
4.1 At the time of accepting the Quotation or not more than 7 days thereafter the Customer shall be required to pay a Deposit if requested. The Deposit shall be 25% upfront or more if requested. Orders shall not be deemed confirmed until the Deposit is paid in full.
4.2 Subject to the provisions of Clause 9 the Deposit shall be non-refundable.
- Fees and Payment
5.1 Stoneview shall use all reasonable endeavours to use only the sundry parts and other products required (and quantities thereof) set out in the Quotation and the Agreement; however, if additional sundry parts and other products are required the Final Fee shall be adjusted to reflect this. Any such increases shall be kept to a minimum.
5.2 In the event that the prices of sundry parts and other products required or services increase during the period between the Customer’s acceptance of the Quotation and the commencement of the Services, Stoneview shall inform the Customer of such increase including the reason why the increase and of any difference in the Final Fee.
5.3 Stoneview reserve the right to ask for staged payments subject to the progress of the job.
5.4 Stoneview shall invoice the Customer when the provision of the Services is complete or part payment for material purchases.
5.5 All invoices must be paid within 7 days of receipt by the Customer unless otherwise agreed prior in writing.
5.6 Any sums which remain unpaid following the expiry of the time period set out in sub-Clause 5.5 shall incur interest on a daily basis at 10% above the base rate of Bank of England obtaining at the time.
5a. Client commission
5a.1 The customer may set up a commission structure facility with Stoneview for every job approved by the customer, subject to prior agreement of such facility.
5a.2 Commission can be claimed and deducted at source or the customer can invoice Stoneview for any commissions owed.
5a.3 If in the unlikely event that for any reason a refund must be made then we have the right to claw back any commissions paid to the customer.
6.1 Prior to the start of the Job Stoneview shall carry out a full inspection of the Property in order to ensure that the agreed Services are appropriate for the Property, practical and can be rendered safely.
6.2 The Services shall be rendered in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by mutual agreement from time to time).
6.3 Stoneview may provide sketches, plans, diagrams or similar documents only once the quotation has been agreed in advance of the Job. Any such material are intended for illustrative purposes only and is not intended to provide an exact specification of the Job nor to guarantee specific results.
6.4 Stoneview shall ensure that the Services are rendered with reasonable care and skill and to a reasonable standard which is commensurate with best trade practice.
6.5 Stoneview shall ensure that all products, parts, materials and other goods used in rendering the Services are in compliance with any relevant standards and are free of defects at the time of use.
6.6 In as much as is reasonably possible, Stoneview shall ensure that no work done will have any effect on the Property outside of the Work Area. Where any such effects occur, Stoneview shall carry out all necessary remedial work at no additional cost to the Customer.
6.7 Stoneview shall ensure that they comply with any and all relevant codes of practice.
6.8 While rendering the Services Stoneview shall ensure that furniture, flooring and walls in the Work Area that are not the subject of the Services are suitably covered and protected for the duration of the Job, please refer to client obligations prior works commence.
6.9 It will not be the responsibility of Stoneview to remove any items from the work area prior works commence. If we have to due to the customer not doing so and to the agreement of the customer, we will not accept any responsibility for any damage caused to any items including floors or furniture.
6.10 Stoneview shall properly dispose of all waste that results from his rendering of the Services, the work area shall be cleaned (builders Clean) as best reasonably possible but will not carry out a full clean or provide cleaners.
6.11 If any damage is done by Stoneview during the course of the Job the Stoneview shall make good that damage prior to completing the Job.
6.12 Where any inspections are required following the completion of the Job it shall be Stoneview’s responsibility to ensure that those inspections are carried out.
6.13 Time shall not be of the essence in the rendering of the Services under these Terms and Conditions or under the Agreement Unless stated prior commencement of the job.
6.14 Power flushing: Stoneview cannot guarantee or will be held responsible that once a power flush has been carried out that previous issues with regards to the heating or boiler will be resolved due to the damage that sludge and scale may have already been caused, we can also not be held responsible of any leaks after a power flush. Please see power flush disclaimer.
6.15 Boiler repairs: Once we have diagnosed a fault on a boiler we cannot guaranteed that once the part has been replaced that the original fault/component did not damage any other component on the boiler. If we find that additional work is required, then this will be priced up accordingly.
6.16 Gas safety reports: Stoneview cannot be held responsible in the event of an appliance break down or gas leak after a Gas safety report has been carried out.
The Gas safety certificate records the outcome of the checks and tests required by The Gas Safety (Installation and Use) Regulations 1998, Some of the outcomes are as a result of visual inspection only and are recorded where appropriate, unless specifically recorded no detailed inspection of the flue lining, construction or integrity has been performed.
Please note! We can only inspect what we can see, no flooring will be lifted or voids inspected.
6.17 Electrical condition reports: The purpose of periodic inspection is to determine, so far as is reasonably practicable, whether an electrical installation is in a satisfactory condition for continued service.
This report provides an assessment of the condition of the electrical installation identified
overleaf at the time it was inspected and tested, taking into account the stated extent of the
installation and the limitations of the inspection and testing.
The report identifies any damage, deterioration, defects and/or conditions found by the inspector which may give rise to danger, together with any items for which improvement is recommended. Stoneview will not be held responsible for any issues or faults that may arise after the inspection, we will not be lifting any flooring or inspecting any voids whilst on site. Appliances are not covered in this inspection.
7.1 Under no circumstances will Stoneview be responsible for any defects which result from the work of third party Contractors over which he has no control.
7.2 Prior to the completion of the Job the Stoneview and the Customer will work together to produce a snag list identifying any faults or defects in Stoneview’s work which will require rectification prior to completion.
7.3 The Customer will provide Stoneview adequate time to rectify any unsatisfactory works pointed out by the Customer.
- Customer’s Obligations
8.1 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.
8.2 If any party wall agreements are required in order for the Services to be rendered, it shall be the Customer’s responsibility to enter into those agreements prior to the start of the Job.
8.3 The Customer shall ensure that Stoneview can access the Property at the Agreed Times to render the Services.
8.4 The Customer shall have the option of giving Stoneview a set of keys to the Property or being present at the Agreed Times to give Stoneview access. Stoneview warrants that all keys shall be kept safely and securely.
8.5 The Customer shall ensure that Stoneview has access to electrical outlets and a supply of hot and cold running water and Toilet facilities in the property.
8.6 The Customer shall ensure that the Work Area is kept clear of furniture, fixtures and fittings and out of use for the duration of the Job unless otherwise directed by Stoneview, all items and furniture left in the work area will be the reasonability of the client to cover/ / protect all items during the service provided, Stoneview will not be held responsible for cleaning any item that has not been correctly protected, covered or removed by the client.
8.7 If the Customer does access the Work Area at any time during the course of the Job they must observe all relevant health and safety rules and must comply with any additional instructions given to them by Stoneview.
8.8 The Customer must give Stoneview at least 24 hours’ notice if Stoneview will be unable to provide the Services on a particular day or at a particular time. Stoneview will not invoice for cancelled Visits provided such notice is given. If less than 24 hours’ notice is given or missed appointments shall invoice the Customer at their normal rate.
9.1 The Customer may cancel or reschedule the Job at any time before the Agreed Date. The following shall apply to cancellation or rescheduling:
9.1.1 If the Customer cancels the Job more than 7 Days before the Agreed Date Stoneview shall issue a full refund the Deposit (if a deposit has been paid) minus any materials purchased for the job or the client will be invoiced for the materials ordered for the cancelled job including time spent ordering such materials.
9.1.2 If the Customer reschedules the Job more than 28 days before the Agreed Date Stoneview shall retain all sums paid, including the Deposit and shall deduct all such sums from any related balance payable on the rescheduled Job or invoiced accordingly.
9.1.3 If the Customer cancels the Job less than 7 days before the Agreed Date Stoneview shall retain all sums paid and any outstanding sums shall become immediately payable. No refund shall be issued.
9.2 Stoneview may cancel the Job at any time before the Agreed Date and shall refund all sums paid, including the Deposit.
- Liability, Indemnity and Insurance
10.1 Stoneview shall ensure that he has in place at all times suitable and valid insurance which shall include public liability insurance.
10.2 Stoneview’s total liability for any loss or damage caused as a result of its negligence or breach of these Terms and Conditions or of the Agreement shall be limited to the value of £500.
10.3 Stoneview 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 Stoneview.
10.4 Nothing in these Terms and Conditions shall limit or exclude Stoneview’s liability for death or personal injury.
10.5 Stoneview shall indemnify the Customer against any costs, liability, damages, loss, claims or proceedings arising out of Stoneview’s rendering of the Services or any breach of these Terms and Conditions.
10.6 The Customer shall indemnify Stoneview 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.
10.7 Stoneview shall not be liable to the customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the contract for
- Loss of profits.
- Loss of sales or business.
- Loss of agreements or contracts.
- Loss of opportunity.
- Loss of damage to goodwill.
- Any indirect or consequential loss.
11.1 Stoneview 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.
11.2 If any defects in the product of the Services appear during the guarantee period set out in sub-Clause 11.1 Stoneview shall rectify any and all such defects at no cost to the Customer as long as it has not been tampered with by a third party or contractor.
- Data Protection
Stoneview 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 Stoneview’s rights and obligations arising under the provisions and principles of the Data Protection Act 1998.
13.1 Except as provided by sub-Clause 12 or as authorised in writing by the other Party, each Party shall, at all times during the continuance of the Agreement and for 1 year after its termination:
13.1.1 Keep confidential all Confidential Information;
13.1.2 Not disclose any Confidential Information to any other party;
13.1.3 Not use any Confidential Information for any purpose other than as contemplated by and subject to the terms of the Agreement;
13.1.4 Not make any copies of, record in any way or part with possession of any Confidential Information; and
13.1.5 Ensure that none of its directors, officers, employees, agents, sub-contractors or advisers does any act which, if done by that Party, would be a breach of the provisions of sub-Clauses 13.1.1 to 13.1.4 above.
13.2 Either Party may:
13.2.1 Disclose any Confidential Information to:
126.96.36.199 Any sub-contractor or supplier of that Party;
188.8.131.52 Any governmental or other authority or regulatory body; or
184.108.40.206 Any employee or officer of that Party or of any of the aforementioned persons, parties or bodies; to such extent only as is necessary for the purposes contemplated by the Agreement (including, but not limited to, the provision of the Services), or as required by law. In each case that Party shall first inform the person, party or body in question that the Confidential Information is confidential and (except where the disclosure is to any such body under sub-Clause 220.127.116.11 or any employee or officer of any such body) obtaining and submitting to the other Party a written confidentiality undertaking from the party in question. Such undertaking should be as nearly as practicable in the terms of this Clause 13, to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made; and
13.2.2 Use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is at the date of the Agreement, or at any time after that date becomes, public knowledge through no fault of that Party. In making such use or disclosure, that Party must not disclose any part of the Confidential Information which is not public knowledge.
13.3 The provisions of this Clause 13 shall continue in force in accordance with their terms, notwithstanding the termination of the Agreement for any reason.
- Force Majeure
14.1 No Party to the Agreement will 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.
14.2 In the event that a Party to the Agreement cannot perform their obligations thereunder as a result of force majeure for a continuous period of 6 months, the other Party may at its discretion terminate the Agreement by written notice at the end of that period. In the event of such termination, the Parties shall agree upon a fair and reasonable payment for all Services completed up to the date of termination. Such payment shall take into account any prior contractual commitments entered into in reliance on the performance of the Agreement.
14.2.1 After being given written notice giving full particulars of the breach and requiring it to be remedied;
14.2.2 An encumbrancer takes possession, or where the other Party is a company, a receiver is appointed, of any of the property or assets of that other Party;
14.2.3 the other Party makes any voluntary arrangement with its creditors or, being a company, becomes subject to an administration order (within the meaning of the Insolvency Act 1986);
14.2.4 the other Party, being an individual or firm, has a bankruptcy order made against it or, being a company, goes into liquidation (except for the purposes of bona fide amalgamation or re-construction and in such a manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on that other Party under the Agreement);
14.2.5 Anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the other Party;
14.2.6 That other Party ceases, or threatens to cease, to carry on business; or
14.2.7 Control of that other Party is acquired by any person or connected persons not having control of that other Party on the date of the Agreement. For the purposes of this Clause 15, “control” and “connected persons” shall have the meanings ascribed thereto by Sections 1124 and 1122 respectively of the Corporation Tax Act 2010.
14.3 For the purposes of Clause 15, a breach shall be considered capable of remedy if the Party in breach can comply with the provision in question in all respects.
14.4 The rights to terminate the Agreement shall not prejudice any other right or remedy of either Party in respect of the breach concerned (if any) or any other breach.
15. No Waiver
No failure or delay by either Party in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of the Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
- Further Assurance
Each Party shall execute and do all such further deeds, documents and things as may be necessary to carry the provisions of the Agreement into full force and effect.
Subject to any provisions to the contrary each Party shall pay its own costs of and incidental to the negotiation, preparation, execution and carrying into effect of the Agreement.
Neither Party shall be entitled to set-off any sums in any manner from payments due or sums received in respect of any claim under the Agreement or any other agreement at any time.
- Assignment and Sub-Contracting
19.1 Subject to sub-Clause 21.2 The Agreement shall be personal to the Parties. Neither Party may assign, mortgage, charge (otherwise than by floating charge) or sub-licence or otherwise delegate any of its rights thereunder, or sub-contract or otherwise delegate any of its obligations thereunder without the written consent of the other Party, such consent not to be unreasonably withheld.
19.2 Stoneview shall be entitled to perform any of the obligations undertaken by it through any other member of its group or through suitably qualified and skilled sub-contractors if necessary. Any act or omission of such other member or sub-contractor shall, for the purposes of the Agreement, be deemed to be an act or omission of Stoneview.
20.1 The Parties agree that all times and dates referred to in the Agreement shall be of the essence of the Agreement.
20.2 The Parties agree that the times and dates referred to in the Agreement are for guidance only and are not of the essence of the Agreement and may be varied by mutual agreement between the Parties.
- Relationship of the Parties
Nothing in the Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in the Agreement.
- Third Party Rights
No part of the Agreement is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement.
23.1 All notices under the Agreement shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
23.2 Notices shall be deemed to have been duly given:
23.2.1 When delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
23.2.2 When sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or
23.2.3 On the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
23.2.4 On the tenth business day following mailing, if mailed by airmail, postage prepaid.
In each case notices shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.
- Entire Agreement
24.1 The Agreement contains the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.
24.2 Each Party shall acknowledge that, in entering into the Agreement, it does not rely on any representation, warranty or other provision except as expressly provided in the Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
The Agreement may be entered into in any number of counterparts and by the Parties to it on separate counterparts each of which when so executed and delivered shall be an original, but all the counterparts together shall constitute one and the same instrument.
In the event that one or more of the provisions of the Agreement and/or of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Agreement and/or these Terms and Conditions. The remainder of the Agreement and/or these Terms and Conditions shall be valid and enforceable.
- Dispute Resolution
27.1 The Parties shall attempt to resolve any dispute arising out of or relating to the Agreement through negotiations between their appointed representatives who have the authority to settle such disputes.
27.2 If negotiations under sub-Clause 29.1 do not resolve the matter within 14 days of receipt of a written invitation to negotiate, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (“ADR”) procedure.
27.3 If the ADR procedure under sub-Clause 29.2 does not resolve the matter within 30 days of the initiation of that procedure, or if either Party will not participate in the ADR procedure, the dispute may be referred to arbitration by either Party.
27.4 The seat of the arbitration under sub-Clause 29.3 shall be England and Wales. The arbitration shall be governed by the Arbitration Act 1996 and Rules for Arbitration as agreed between the Parties. In the event that the Parties are unable to agree on the arbitrator(s) or the Rules for Arbitration, either Party may, upon giving written notice to the other Party, apply to the President or Deputy President for the time being of the Chartered Institute of Arbitrators for the appointment of an arbitrator or arbitrators and for any decision on rules that may be required.
27.5 Nothing in this Clause 29 shall prohibit either Party or its affiliates from applying to a court for interim injunctive relief.
27.6 The decision and outcome of the final method of dispute resolution under this Clause 29 shall be final and binding on both Parties.
- Law and Jurisdiction
28.1 The Agreement and 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.
28.2 Subject to the provisions of Clause 29, any dispute, controversy, proceedings or claim between the Parties relating to the Agreement or 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.