For the purposes of these terms and conditions the following definitions shall apply:
- “Contract” shall mean the Customer’s acceptance of a quotation for Services by the Supplier
- “The Company” or “We” or “Supplier” shall mean Multiman Services and its appointed agents, to include Independent Licensed Operators
- “The Customer” or “You” shall mean the person or organization who books a job and/or for whom the Company agrees to undertake works and/or supply materials.
- The “Operative” shall mean the representative appointed by the Company to undertake the work.
- We reserve the right to refuse or decline work at our discretion. Where we agree to undertake works for a Customer those works shall be performed by the designated Operative of the Company at its absolute discretion.
It is the Company’s intention that all the terms of the agreement between us (including details of the services and any goods and materials we are to provide) are contained in this document and where relevant other documents concerning our guarantee or quotations or estimates which we may issue. If you do not accept any of the provisions included in these Terms and Conditions please let us know so that if agreed any such change can be included.
- The Customer shall:
- co-operate with the Supplier in all matters relating to the Services
- provide the Supplier, its subcontractors and employees, in a timely manner and at no charge, with access to the Customer’s premises
- provide to the Supplier, in a timely manner, such Customer Equipment as the Supplier may require and ensure that it is in good working order and suitable for the purposes for which it is used and conforms to all relevant United Kingdom standards or requirements
- be responsible (at its own cost) for preparing and maintain their premises for the supply of the Services
- inform the Supplier of all health and safety rules/regulations that apply at the Customer’s premises
- obtain and maintain all necessary licenses and consent and comply with all relevant legislation to the Services, in all cases before the date on which the Services are to start
- If the Supplier’s performance of its obligations under the Contract is prevented or delayed by any act of omission of the Customer, its agents, subcontractors, consultants or employees, the supplier shall not be liable for any costs, charges or losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay.
- The Customer shall be liable to pay the supplier, on demand, all reasonable costs, charges or losses sustained or incurred by the Supplier (including, without limitation, direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person) arising directly or indirectly from the Customer’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under the Contract, subject to the Supplier confirming such costs, charges and losses to the Customer.
- The Supplier shall provide Services which:
- Conform in all material respects with their description
- Are carried out with reasonable care and skill
- Are fit for any purpose the Supplier says the Services are fit for, or for any purpose for which the Customer uses the Services and about which the Customer has informed the Supplier prior to the Supplier commencing the Service
- Are free from material defects in design, material and workmanship
- Comply with all applicable statutory and regulatory requirements for supplying the Services in the United Kingdom
- The Supplier shall endeavour to provide a time estimate to the Customer as to when the Services will commence and to keep the Customer updated in this regard. However, the Supplier reserves the right to treat a booking for the provision of Services as honoured (and the Supplier shall not be in breach of the Contract) if the Supplier’s employee or sub-contractor is running within the period of 2 hours early or 2 hours late of the specified booking time. All times given for the commencement and completion of the Services are estimates and time is not of the essence.
- Where the Supplier is not the manufacturer of materials used in the provision of the Services, the Supplier shall endeavor to transfer to the Customer the benefit of any warranty or guarantee given to the company.
- When we have completed the work and/or supplied goods and materials we shall invite you to inspect the work and/or the goods and/or materials and shall ask you to sign the invoice/job sheet indicating receipt of those goods and materials and/or that the work has been done. Your signature on the invoice will constitute acceptance of any work done or goods and/or materials supplied.
- We shall not be liable for and accept no responsibility for unavoidable damage caused, or any unforeseeable loss you may suffer as a result of the work carried out, nor shall we be liable for any loss of any nature which is not caused by our negligence or our breach of the terms of the agreement between us.
- You must let us know of anything which you believe may present a hazard or danger to the Operative carrying out work before such work is started. You must also make sure that we have clear access to the work area and provide us with a supply of mains electricity and water if necessary. If we incur additional work or expense as a result of your failure to provide us with clear access, mains electricity and water, we may charge you a reasonable additional sum in respect of such additional work and/or expense.
- In addition to your other legal rights we will Guarantee our workmanship against defects for a period of 60 days and guarantee any goods and materials supplied by us against defects in design materials and workmanship in accordance with the suppliers terms and conditions unless one of the circumstances set out in clause 17 applies, in which case no guarantee will be given.
- We are not obliged to offer a Guarantee. If after having inspected the work or item we have provided and after considering the work you have requested us to provide we consider we are unable to offer a Guarantee we shall notify you of the reasons accordingly.
- The Guarantee shall be labour only in respect of faulty workmanship for 60 days from completion and the manufacturer’s warranty in force. The Guarantee will be null and void if the work completed or item supplied by us is:
- Subject to misuse or negligence
- Repaired, modified or tampered with by any person other than a Company Operative
- Subject to a change of use after we have completed the work.
- Neither we nor you shall be liable for any breach of our respective obligations under the agreement between us where either of us is unable to perform those obligations because of a reason beyond our control.
- Any date or dates included in our estimate or quote are estimated dates only and we shall not be in breach of this agreement for failing to start or finish work by any date given in our estimate or quote
CHARGES AND PAYMENT
- The total charge to you shall be stated on the Invoice/job Sheet or where no price is stated our current standard price for the services provided. The charge shall consist of the cost of materials supplied by the Company and the amount of time spent by the Operative in undertaking the works (including reasonable time spent obtaining unstocked parts and materials) charged in accordance with the Company’s current schedule of rates. We may increase the price payable by you to cover any increase in our costs in providing the services, goods and materials.
- Where we have given you an estimate of the price payable for the services, goods and/or materials you ask us to provide, we will do our best to complete the work and provide the services, goods and/or materials for the estimated amount. However, the price payable by you may exceed the Price Estimate, but we undertake only to increase the price by a reasonable amount which shall reflect the work done. Price Estimates given by the Company are valid for 28 days from the date they are given. However, we may withdraw the Price Estimate at any time before it is accepted by you.
- We shall not be under any obligation to provide an estimate. We shall not be bound by any estimates given in which manifest errors occur.
- Collection of non-stocked parts and materials is chargeable but:
- Time taken shall be kept to a minimum and reasonable
- You shall be informed wherever possible when the Operative(s) leaves the premises
- The charges payable for the Services shall be calculated in accordance with the Supplier’s standard daily fee rates. Unless otherwise stated, the Supplier’s half hourly rate shall be £20. The Supplier’s standard daily fee rates are calculated on the basis of an eight hour day, worked between 8:00am – 5:00pm on weekdays (excluding bank holidays) and includes a 1hour break. A premium charge shall be charged on all jobs required out of these hours. The charges for Services exclude the cost of any materials used, parking & congestion charging. The materials are charged separately as indicated below.
- If materials are sourced by the Operative, the Customer may be required to pay an amount in advance to the Operative equal to the cost of materials and a 20% surcharge.
- All charges quoted to the customer shall be exclusive of VAT and materials.
- If, as part of the Services, disposal of materials is required, the Supplier reserves the right to hire a skip from a local supplier or dispose of waste at a local refuse centre. Any costs & charges incurred by the Supplier will be invoiced to an be payable by the Customer. Disposal at the local refuse centre will be charged at 1 hours labour rate, plus our call out fee and the charge levied by the refuse centre. This charge is subject to weight. In addition, the cost of any specialist equipment, tools or machinery required for completion of the Services, will be invoiced to and payable by the Customer.
- In the event that the Supplier’s employees or sub-contractors are required to pay to park their vehicles at the Customer’s premises during the provisions of the Services, such charges will be invoiced to and payable by the Customer.
- The total price for the Services, together with expenses, costs of materials, cost of services reasonably and properly provided by third parties, shall be payable on production of an invoice following the completion of the Services. The Supplier reserves the right to produce interim invoices before the Services are completed for work undertaken, expenses and costs incurred, to that date. If you do not pay the Total Due immediately without the Company’s authorization we reserve the right to levy a monthly administration charge of £20. The Supplier also reserves the right to suspend all Services until payment has been made in full.
- Payment may be made on completion by cash or cheque. Payment on credit will not be permitted unless expressly authorized by us prior to work commencing and/or a credit application having been submitted and approved.
- Where the Customer does not pay the Company the Total Due within 15 days of the date of the invoice, in addition to the monthly £20 administration charge set out in clause 6 above the Customer must pay us interest on the outstanding amount at the prevailing rate plus 4% per annum or pro rata per month or part of a month thereof and this rate shall apply both before and after the issue of any legal proceedings we may take against the Customer to recover any unpaid amount. You must pay the Company an administration charge of £10 in respect of each dishonored cheque you give us.
- In the event that the Operative is unable to gain access to the premises at which you have booked a job you will be liable to pay a minimum amount equivalent to the call-out charge and the charge due for the initial period of work time. This shall apply irrespective of the job being booked directly by you or by someone on your behalf e.g. tenant.
CANCELLATION OF SERVICES
- At least 2 hours notice is required to cancel a customer estimate appointment, if 2 hours notice is not given a callout charge of £20 may be levied.
- For bookings of projects with a duration of two days or less, the Customer must let Multiman Services Ltd know by 5:00pm, two working days prior to the booking date, when cancelling a Service. If this is not the case the callout charge of £20 will apply. Services cancelled within 24hrs notice of commencing, a 50% charge of the quoted/estimated prices will be charged.
- For bookings of projects with a duration of three days or more, the Customer must let Multiman Services Ltd know by 5:00pm, 10 working days prior to the booking date when cancelling a Service. Services not cancelled prior to 10 working days of the booking date will incur a 50% cancellation charge of the quoted/estimated labour charges and an administration fee of 20% on any pre-purchased goods and materials.
- All machinery, equipment, tools, drawings and specifications supplied by the Supplier to the Customer (including the Suppliers equipment) shall at all times, be and remain as between the Supplier and the Customer the exclusive property of the Supplier.
LIMITATION OF LIABILITY
- You will be liable for any losses or damages (including damage to our equipment) which we suffer as a result of either your negligence or your failure to observe any of your obligations under the agreement between us.
- Without prejudice to any other rights or remedies which the parties may have, either party may terminate the Contract without liability to the other immediately on giving notice to the other if:
- The other party fails to pay any amount due under the Contract on the due date for payment and remains in default not less than seven days after being notified in writing to make such payment
- The other party commits a material breach of any of the terms of the Contract and (if such a breech is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach
- The other party repeatedly breeches any of the terms of the Contract in such a manner as to reasonably justify the opinion that is conduct is inconsistent with it having the intention or ability to give effect to the terms of the Contract
- On termination of the Contract for any reason:
- The Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Supplier may submit an invoice, which shall be payable immediately on receipt
- The Customer shall return all of the Supplier’s Equipment. If the customer fails to do so, then the Supplier may enter the Customer’s premises and take possession of them. Until they have been returned or repossessed, the Customer shall be solely responsible for their safe keeping.
- The Customer acknowledges and agrees that its personal data will be processed by and on behalf of the Company
- Nothing in these Terms and Conditions shall reduce your statutory rights relating to workmanship and to faulty or misdescribed goods or those relating to our ownership of goods and materials supplied by us to you.
- We or our appointed agents may check your details with one or more licensed credit-reference and fraud-prevention agencies. We may keep a record of this search and the payment details from your account, and share it with other organisations. If a person provides false or inaccurate information and we suspect fraud, this is also recorded. This information may be used by us, and other organisations may search these records to: help make decisions about credit and credit related services for you and members of your household help make decisions on motor, household, credit, life and other insurance proposals and insurance claims for you and members of your household, trace debtors, recover debt, prevent fraud and manage your accounts or insurance policies; check your identity to prevent money laundering, unless you give us other satisfactory proof of your identity; and carry out statistical analysis about credit, insurance and fraud. They, and other credit and insurance organisations, may also use technology to detect and prevent fraud.
These terms and conditions shall be governed and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English law.