Terms & Conditions
APS Building & maintenance Standard Terms and Conditions
1. For the purpose of these terms and conditions, the following words shall have the following meanings:
a. "Us/We/Our" Shall mean APS Property Maintenance (APS) or any of our sub-contractors.
b. "You/client/your" shall mean the customer (being the person or organisation for whom we agree to carry out works and/or supply materials)
2. These terms and conditions may change at our (APS) discretion. If the terms do change we will notify you and you shall be notified either verbally/writing or e mail. These terms and conditions prevail over all others including your own and together with any quotation or tender given to you by us constitute the entire agreement between us and supersede and cancel any previous agreement or understanding. You acknowledge that in entering the agreement between us you have not relied on any representation or understanding (whether oral or in writing) which is not included or referred to in this document.
3. These terms and conditions set out our liability in respect of the work, and our liability under them shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities expressed or implied statutory or otherwise in respect of the work and quality thereof (all liability in respect of which, howsoever arising is expressly excluded) except any which by law cannot be excluded. Save as provided in these terms and except as aforesaid we shall not be under any liability whether in contract or otherwise, in respect of manufacture defects in the work or failure to correspond to specification or for any injury, damage or loss resulting from any such defects or failure or from carrying out of any work.
4. If any provision of this agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable the provision shall be severed from this agreement to the extent required and the remaining provisions shall remain in full force and effect unless the parties decide that the effect of such declaration is to defeat the original intention of the parties in which case either party shall be entitled to terminate this agreement by one month's written notice
5. We are a Building & Maintenance Company not a make good company.
6. All our engineers are professionally qualified, and carry all relevant qualifications.
7. Jobs are charged on a 60 minute fixed price and thereafter in 60 minute units unless the price of the job has previously been agreed by both parties. The total charge to you will be the time spent doing the work. It will include all reasonable time spent in obtaining materials. Parts and materials are charged at retail price plus a handling & collection charge of 5%
a. The price payable by you is the price stated as the invoice total, or where no price is stated, our current standard rates for the service provided.
b. It is your responsibility to enquire into our rates for the specific service you require. We incur no liability or obligation to present this information to you, except upon request.
c. Where labour charges apply, unless otherwise confirmed, all services shall be charged with a minimum labour charge of 60 minutes, for the initial visit, and rounded up to the nearest hour thereafter. Subsequent visits shall be charged on merit rounded up to the nearest hour.
d. Unless explicitly agreed in writing we cannot guarantee to work within ceiling limits, while we will undertake all reasonable care to ensure compliance, you accept any additional costs.
8. Fixed price work.quotes will include labour and materials or labour only where you have or have access to the relevant materials. The price will be fixed but manifest errors shall be exempted. Quotes may need to be revised if you change the scope of work, or if there is an increase in the price of materials, or if further works are required.
a. The price payable by you is specified in our quotation. We reserve the right to increase the price before carrying out the work by an amount equivalent to any increase to us in the cost of relevant materials since the date of our quotation save if this would increase the cost by more than 10%, where we will submit to you an amended quotation. If you decline the quote you may be liable to a charge, for time and work undertaken to this point.
b. All prices quoted are subject to any change in UK law.
c. We reserve the right to withdraw any quotation without notice before we receive your acceptance.
d. Dates specified for the commencement and completion of works are estimates only and shall not form the essence of the contract.
9. Where all consideration is given to the evaluation or work duration, all reasonable precaution will be taken to avoid additional costs. It is however agreed and a condition of these terms that should further work be necessary to complete the contract and where you or your site representative is not available, for whatever reason, to sanction the necessary extension we have your authority (without reference to you), to extend the working day or re-attend to complete the works. Additional hours will be charged in accordance with our current rates.
10. Invoices are payable within the agreed payment terms. Invoices unpaid (in total or part) will be subject to late payment charges, charged of 5% of the outstanding invoice per day of the total monies outstanding plus any other charges deemed necessary.
11. The person giving instructions to us or ordering work or materials will personally be deemed to be the customer unless it is made clear to us who the customer is and we have confirmation that the person providing the instructions or order has the right to instruct us on the customer.
12. If you instruct us to do the works or buy materials and then cancel that instruction, we reserve the right to charge you for the cost of any time and materials incurred by us.
13. You may not assign or sub-contract any of your rights. We may perform any or all of our obligations under this agreement through agents or sub-contractors, provided that we shall remain liable for such performance and shall indemnify you against any loss or damage suffered by you arising from any act or omission of such agents or sub-contractors.
All works and materials are guaranteed for a reasonable time frame as governed by us, on an individual basis. If you are not satisfied with our work you must contact us within 30 days of completion of the work, so that we can inspect the work and if required carry out any remedial work at our expense. You agree if you do not contact us in a suitable time frame/within 30 days we shall have no liability.
16. We will use our reasonable endeavours to carry out the works on the agreed dates and times but shall not be under any liability to the client if it should be either impossible or impracticable to carry out the work on the agreed date or dates or by reason of strike, lock out, industrial disputes, acts of god or any other event, or occurrence beyond our control.
17. Things we cannot cover.
a. We are unable to guarantee our work, parts and equipment supplied to you if they are misused, treated negligently or if our work is repaired, modified or tampered with by anyone other than us. Where we carry out works for you using your materials we can take no responsibility for the quality, fitness for purpose or otherwise of these materials and the terms of our guarantee will not apply.
b. Damage to carpets, floor coverings, expensive items and furniture during works carried out. (Although care is taken to ensure there is minimal damage.) We are also insured for £2 Million.
18. We cannot guarantee work where you order us to carry out work against our advice. This advice will be given to you either orally, or in writing. Our guarantee is also void if we indicate that further works need to be carried out.
19. We cannot guarantee work on existing installations that are over 10 years old. Nor can we guarantee the effectiveness or otherwise of our work in these cases.
20. We will only be liable for rectifying our own work and shall not be held responsible for any consequential loss damages or claims resulting from this or from other works overlooked or subsequently requested or undertaken.
21. You shall indemnify us against all actions, suits, claims, demands, losses, charges, costs and expenses which we suffer or incur resulting from a claim by any third party arising out of a breach of your obligation, undertakings, representations and warranties under this agreement.
22. A person who is not a party to this agreement has no rights or duties under the Contracts (Rights) of Third Parties) Act 1999 to enforce any terms of this agreement.
23. We shall be entitled to recover from you any costs or damages we may have to pay where the negligence or faulty workmanship of any person or contractor employed or engaged by you makes us liable to pay for those damages or rectification of work.
24. Our liability (if any) whether in contract or otherwise in respect of any defects in the work, or in breach of this agreement of any duty of care or otherwise owed to you in connection herewith shall be limited to the invoice value of the work.
25. You shall be liable for all loss, damage or injury (whether direct, indirect or consequential) resulting in the failure or delay in the performance of your obligations under these terms.
26. You must let us know of any dangerous gases, liquids or other materials, which you believe, may present a hazard or danger to any person carrying out work before such work is started. You must provide us with all the necessary details in respect of any relevant requirements specified by the factory inspectors or similar regulatory authorities.
27. Gas. You will be solely liable for any hazardous situation, where we in respect of the 'Gas Safety (Installation and Use) Regulations 1998' or any Gas warning notice issued have advised of such a situation.
You shall provide clear access to all drains, sewers, inspection covers and manholes to enable us to carry out the work. You shall provide if possible the plan showing drain layouts, if this is not available we reserve the right to render additional charges if blockages occur in drains not covered by the specification or if it is necessary to trace unidentified drains to complete the work. You shall obtain permission for us to proceed over property belonging to third parties if it is necessary to carry out work on property belonging to other parties. You must provide us with a supply of mains electricity water and cleaning facilities. You shall indemnify us against all claims of whatsoever nature made by third parties and arising out of our presence on their property save where such claim results directly from negligence on our behalf. You shall be liable to us for all loss or damage whether direct, indirect or consequently suffered by us as a result of failure or delay by the client in prolonging the obligations referred to above.
a. Unless otherwise agreed in writing you shall be responsible for the removal from site of deposits extracted by our operators from drainage works on pipe work or sewer systems.
b. We will not be liable for any fractured or frozen pipe and cannot guarantee to clear blockages occurring in a frozen pipe or drain. c. You shall be responsible for any damage that might be caused to trailer mounted jetting units, tanker jetting units, vacuum units and TV surveying units should the work require them to operate away from normal tarmac or a laid surface road. The client will also be responsible for equipment lost or damaged due to fractured pipes, drains or conduits.
It is your responsibility to protect any data equipment, software or stored data information, which may become damaged or deemed lost due to power loss. Whilst every care shall be taken we accept no liability and it should be assumed that accidental power loss might occur.
All prices given are subject to view (STV), and may be subject to change following a site survey. You agree that if glass is ordered and you subsequently cancel you shall be responsible for all costs incurred by us.
a. Glazing will be charged at minimum of one square meter unless otherwise stated and agreed.
b. If light does not permit, a board up (or other means) to secure the window will be undertaken, until such time as a glaze can be arranged.
c. Boarding and securing shall be charged at a minimum of one board.
d. Express orders (for toughened or fabricated units) incur a 40% cost increase.
31. Title of Goods.
Goods supplied and delivered by us to you, or your premises shall remain our property until paid for by you in full. Whilst goods remain our property (we shall continue to have title over them), we have the absolute authority to retake, sell or otherwise dispose of all or any part of these goods. We shall be entitled to seek a court injunction to prevent you from selling, transferring, or otherwise disposing of such goods. However once goods have been delivered, it will be your responsibility to keep them safe and secure. Goods damaged through your negligence will be charged for.
32. If you have the need to make a complaint, then please telephone in the first instance on 0800 410 1009.
33. Please allow up to 14 days for your complaint/concern to be investigated, you shall be informed of the outcome verbally and in writing. In the event of any refund, this shall be sent in the form of a cheque.
34. By entering into a contract (either in writing/e-mail or verbally) with us, you agree to these terms and conditions.
35. This agreement and all matters arising from it shall be governed and construed in accordance with English law
Signed :____________________________________________(APS). Date: ___________
Name :_____________________________________________(block capitals)
Signed :____________________________________________(Client). Date: ___________
Name :_____________________________________________ (block capitals)
On behalf of :_________________________________________________(company name)
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