07432 216629
m.ashworth@mashworthservices.co.uk
07432 216629
m.ashworth@mashworthservices.co.uk

Terms and conditions of installation, repair and services.

Unless otherwise agreed in writing, the installation, repair and service shall be subject to the following terms and conditions.

Definitions

  1. “Services” means the engineering and associated services relating to the Customer’s Equipment as set out in the proposal specified in our quotation or other agreed documents or discussions between us.
  2. “We”, “us” and “our” mean the Mashworth Services providing Services to you.
  3. “You” and “your” mean the person or company to which we are providing Services.
  4. “Customer’s Equipment” means the equipment or material belonging to you, or for which you request us to provide services.

Incorporation of Conditions

  1. Any contract or agreement to do work made between you and us shall be subject to these conditions, and any terms you put forward do not apply.
  2. The commencement date of this contract or agreement shall the date that you provide formal acceptance of a quote provided by us.  
  3. All other terms and conditions which might be implied by conduct or a previous course of dealing or trade custom are excluded from this contract.
  4. No amendment or change shall be made to these conditions

Quotations/ Prices

  1. Our quotation provides an indication to you of the items on which you may place an order, but no order from you as a result of a quotation (or otherwise) shall be binding upon us unless and until it is accepted or confirmed by us in writing.
  2. A quotation is made on the assumption that the work requested is reasonably capable of being carried out. If on inspection this is found in our opinion not to be the case, we will advise you to this effect as soon as reasonably practicable, and may offer you a reconditioned or new substitute on terms to be agreed. If you give a general instruction for repairs without specifying the particular service or replacement parts, we will be entitled to carry out such repairs or, modifications or service as in our opinion are necessary to put the Customer’s Equipment or property in good working order, and to make an appropriate charge for the work and parts provided.
  3. Provided your order is placed within thirty days of the date of the quotation, the price contained on the quotation shall be fixed unless the quotation states otherwise. If your order is not placed in that period, then if any change shall occur after that in the costs of any materials, labour, transport or other items, including overheads, which we have to pay or incur for the performance of the Contract, then you will pay the resultant price.
  4. If delivery and performance are postponed at your request or by circumstance within your control you will pay all resulting costs and expenses we incur.
  5. We will charge for all work carried out at your request, whether exploratory or otherwise and we reserve the right to instruct out employees or agents to work overtime to comply with your delivery requirements in which case we may charge you the cost of such overtime.

Work on Site

If the Services are to be carried out on your premises or at your request at some other site we will need free and safe access to the customer’s Equipment or property, together with proper and safe storage and protection of all goods, tools, plant and equipment and materials we have on site. We may also require additional facilities to carry out the Services such as electricity and water. You will observe and comply with the latest Health and Safety at Work Legislation and CDM regulations and ensure that the site is safe and without risk to the health and safety of all persons working there; and you will hold us harmless against all legal and regulatory proceedings, costs and charges in respect of your failure to do so.

you will also make reasonable efforts to clear the working environment of any stock, furniture or other obstructions that may hinder the scheduled works, present risk to health or risk damage to above mentioned items. 

We will not be liable for damages to your property or possessions if reasonable efforts have not been made, by you, to prepare the working environment for the scheduled work unless we are deemed to be negligent or irresponsible in our working activities 

reasonable damage to building fabric and decoration.

During the course of any works it is likely that damage to the building fabric and decoration will occur due to intrusive nature of the installations. By accepting any quote you are agreeing that reasonable damages to the building fabric or decoration will be repaired or remedied by you, unless otherwise agreed in writing. Examples of reasonable damage are as followed but not limited to: 

  1. Damages to plaster and brick walls necessary to facilitate the installation of recessed accessories such as sockets and switches
  2. Damage to walls, floors, ceilings, archives, skirting boards and coving to facilitate the installation of cabling or other similar services.
  3. Unexpected damage to walls (Plaster), ceilings, and other building fabrics as a result the building fabric being in poor condition such as being water damaged or old and deteriorated. 
  4. Damage to ceilings and plaster such as stress fracture caused as a result of vibration from power tools and other equipment that may be used to complete the works. 

We shall be liable for repair or replacement of property or possessions or building fabric In the event that you have made reasonable efforts to prepare the work environment as detailed above and unreasonable damage occurs to your property or possessions as a result of our negligence or poor workmanship. Some examples of unreasonable damage are as follows but not limited to:

  1. Damage to fixed items of furniture or equipment that are not the subject of the scheduled works such as damage cupboard doors or countertops
  2. Damage to building fabric or decoration that are not directly or indirectly related to the works being completed. such as impact to an adjacent wall resulting in damage. 


WASTE REMOVAL

None of our quotes include for removing waste from site. It will be your responsibility to organise the disposal of all waste generated from the works. If it is agreed that a 3rd party waste removal company will collect any waste from site, this will be your cost to bare. 


Payment

Unless otherwise agreed with you by us, we will issue an invoice for the full amount due on completion of the Services. Invoices will be due for payment 14 days from the day on which we despatch the invoice to you. All payments will be in pounds Sterling.

In some scenarios a “staggered payment agreement” may be implemented which may or may not include a payment to be made prior to works starting. This is usually to facilitate a sustainable approach to long running and/ or high value projects. In any case both us and you will agree payment terms which will be confirmed and issued in writing prior to any payments being made or works commencing.

Any prework payments or cancellation of works will be subject to the terms detailed in “TERMINATION OF THIS CONTRACT”

We, at our sole discretion, can exercise our statutory right to claim interest (at 3% over the Bank of England base rate) and compensation for debt recovery costs under the Late Payment legislation if we are not paid according to our agreed terms outlined above.





Designs Drawings and Specifications

You shall be responsible for the accuracy of any designs, specifications and other data, which you or your employees or agents supply to us, which we use in connection with the Services, even if we examine, inspect or comment upon them. You will hold us harmless against any liability to a third party which we may incur as a result of carrying out the Services in accordance with your instructions or your designs, drawings, specifications or other data.



Warranty

  1. We will take reasonable care of the Customer’s Equipment whilst it is in our custody and make good any loss damage caused by our failure to exercise reasonable care, our liability being limited to the replacement value of the Equipment.
  2. We also undertake to use reasonable skill and care in carrying out the work and to use materials, which are suitable quality and free from defects.
  3. Unless otherwise agreed, we will rectify defective work and/or defective materials notified to us in writing within 12 months of the completion of the work and liability for defective work and/or defective materials is limited to the invoice value thereof. We will only be responsible for any reasonably foreseeable financial losses suffered because of any breach of contract by us.
  4. If you provide equipment, products, parts or materials, we have the right to review the quality and suitability of the aforementioned items and have the right to refuse the use or installation of said items if they are deemed, at our sole discretion, to be unsuitable, unsafe or not fit for purpose. 

Transportation

If we have agreed to transport any Equipment, in the event of loss or damage to Equipment in transit from any cause whatsoever our liability shall be limited at our option to replacing the Equipment or passing on the benefit of insurance. In no circumstances shall we be liable for other loss including (without limitation) loss of production or loss of profit or contracts.

  1. We shall not be liable for any such transit damage unless we and the carriers are notified of such damage or loss within seven days of delivery. It is your responsibility to examine the goods immediately on receipt.
  2. Unless otherwise agreed, the loading or off loading of the goods on collection or return to you shall be arranged by you and performed at your sole expense and risk.


Termination of this Contract

Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013, you have a right to cancel this contract during a period of 14 calendar days from the day this notice is sent or given to you. During that period if you choose to cancel the contract any money paid by you will be refunded.

However, if you have already given written approval for the work to begin before the end of the cancellation period you may be required to pay for goods or services already provided. If you wish to cancel the contract you must do so in writing and deliver personally or send (which may be by electronic mail or post) this to Mashworth Services at m.ashworth@mashworthservices.co.uk. You may also use the “TTF13 Notice of the Right to Cancel” form available “HERE” or upon request if you want to, but you do not have to. The notice of cancellation is deemed to be served as soon as it is posted or in the case of an electronic communication from the day it is sent.

We may bring this Contract to an end if you fail to comply with your obligations under this Contract, within fourteen days of having been notified by us of the relevant failure. We may also bring this Contract to an end immediately if you are the subject of a petition for a bankruptcy order, or you become insolvent or enter any composition, scheme or arrangement with your creditors. If you are a corporation or other legal person, we may bring this Contract to an end immediately if a receiver (including an administrative receiver) is appointed over any of your assets or an application is made to appoint an administrator for you. If you are in partnership, we may bring this Contract to an end immediately if the partnership is dissolved. We may also terminate this Contract if any proceedings relating to your insolvency are commenced in any country.

If this Agreement ends for any reason, we will be entitled to remove all of our equipment, materials and/ or stock from your premises or from site. You will remain liable to us for any sums which you have not paid, for all work done up to date of termination and for any other breaches of this Contract.

Should you wish to terminate this contract you may do so within fourteen days of formally accepting any quote. Cancellation of the contract should be completed by completing and returning the “notice of the right to cancel form which is available upon request by emailing m.ashworth@mashworthservices.co.uk.



Limitation of Liability

We accept that we are liable for any death or personal injury resulting from our negligence or the negligence of our employees or agents acting in the course of their employment. In relation to defects in goods sold to you by us, we may also be liable under the Consumer Protection Act 1987 or equivalent legislation, but only to the extent that such liability cannot lawfully be excluded.

Apart from our agreement to rectify any defects or errors in the Services as set out according to our Warranty terms and to replace or repair the Customer’s Equipment where there is loss or damage to goods in transit as set out according to our Transportation terms:

  1. Our maximum liability to you for the direct loss or damage, either under this Contract or arising from any act or omission, including negligence, will not exceed the total amount paid by you under this Contract, or such higher sum as a court may specify as reasonable; and
  2. In the event of a commercial or industrial contract only: we will not be liable to you under any circumstances for any indirect or consequential losses (including for example, loss of Contracts or loss of profits of production). 
  3. For domestic contracts only: We will only be responsible for any reasonably foreseeable financial losses suffered as a result of any breach of contract by us.

The limitations and exclusions in this paragraph apply to any claim, whether in contract, tort (including negligence), breach of any statutory duty or implied term or any other claim, except any liability for death, personal injury or defects in goods supplied to you by us as set out above.

The limitations and exclusions in these conditions reflect the value of this Contract to us and are considered to be reasonable. If you require us to accept greater liability we may be prepared to do so subject to agreement of an additional charge to reflect the increased risk and cost of insurance to us.



Force Majeure

We will not be liable to you for any failure to perform our obligations under this Agreement where that failure results from any cause outside our reasonable control, including but not limited to natural occurrences, disruption of power supplies, the action of third parties or industrial action.



Disputes

We will aim to respond to any complaints or disputes within 5 working days.

We will arrange a convenient date to come and view and/or remedy the situation within 28 days.

In the unlikely event the business is unable to resolve your complaint having exhausted the business complaints procedure, it may be necessary to use another complaint service.  Where the business cannot resolve the complaint to your satisfaction and/or agree to the final resolution requests confirmed to us; and both parties agree a ‘deadlock’ has been reached, you can then escalate your complaint.

We have access to an Alternative Dispute Resolution (ADR) service for our domestic installation, service, repair and maintenance contracts as part of the Which? Trusted Traders Endorsement.  If you choose to you can refer your complaint to Which? Trusted Traders’ Alternative Dispute Resolution.  You will need to contact Which? Trusted Traders on 02922 670 040 who can explain if you are eligible to use their Alternative Dispute Resolution.

A copy of the Which? complaints policy can be found HERE


VAT

Unless indicated otherwise, all sums payable under this Contract are stated inclusive of Value Added Tax (which will be charged at the rate prevailing at the relevant tax point) and any other tax or duty chargeable under any relevant legislation.


Assignment/Third Parties

You will not assign your rights under this Agreement without our express written approval. We may sub-contract the provision of certain of the Services at our discretion. No third party shall acquire any rights under this Contract except as specifically stated in these conditions.


Notices

Any notice to be given by you or us must be in writing and may be delivered by electronic mail to m.ashworth@mashworthservices.co.uk. Notices to us should be sent to us at the address stated on our quotation, acknowledgement or invoice. Any notice given to you will be sent to you at the address supplied at the time of order. You and we are free to provide an alternative address for notices at any time. Notices sent by first class post will be assumed to have been delivered two working days after they are sent.


Waiver

Any express or implied by us of any failure by you to perform your obligations under this Agreement will not prevent the subsequent enforcement of those obligations. Similarly, any waiver we give will not be taken to be a waiver of any subsequent failure by you to perform that or any other obligation.


Whole Agreement

This Contract constitutes the entire agreement between us relating to the Services and overrides any prior correspondence or statements relating to the Services (including any statements or representations in any advertisements or literature produced by us relating to the Services).


Validity

If any provision of this Agreement is ruled to be valid for any reason, that invalidity will not affect the rest of this Agreement, which will remain valid and enforceable in all respects.



Law

This is Agreement is governed by English Law.