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General Terms and Conditions....

1) Parties, Definitions and Interpretation

‘Client’ means for whom the works are to be carried out by the Contractor
‘Contractor’ means Resimend Ltd, which includes employees, sub contractors and agents
‘Contract’ means the agreement between the Client and the Contractor to carry out the works
‘Works’ means the works described in the Contractor’s estimate and/or as referred to in the Contractor’s work detail sheet or any other document or email issued by the Contractor, as may be varied by Agreement in writing between parties.
‘In writing’ includes by email.

2) General
2.1 The Client will be treated as an Account Client or a Non-Account Client, according to the Contractors reasonable discretion.
2.2 All estimates given by the Contractor, all orders and instructions given by the Client, and all work authorisations, are governed by these terms. They Supersede any other terms appearing elsewhere and override and exclude any other terms stipulated or incorporated or referred to by the Client, whether in the order or instructions or in any negotiations or in any course of dealing established between the Contractor and the Client, except where these terms are a schedule to a signed Agreement between the Client and Contractor, in which event these terms apply only to the extent not inconsistent with that Agreement.
2.3 The Client acknowledges that the Contractor has not made any representations (other than any expressly stated in the contract and/or in the Contractor’s estimate) which have induced it to enter into the Contract and the Contract shall constitute the entire understanding between Client and Contractor for the performance of the Works.
2.4 No modification to the Contract shall be effective unless made by an express written agreement or email exchange between the parties. The signing on behalf of the Contractor of any documentation of the Client shall not imply any modification of the Contract.

3) Estimates and variations to the price
3.1 Estimates will remain in place for 28 days, if not accepted the estimate will be withdrawn.
3.2 The Estimate is not a firm or fixed price. An Estimate is given on initial information received by the Contractor be it from an initial site visit or information given by the Client. We endeavour to fulfil the works carried out to a value as close to the Estimate as possible, however, it is possible that the figure may vary on completion of the work due to unforeseen problems, alteration in labour times or variation in material and equipment requirements. The final price will be calculated on the basis of the rates given in the estimate.

4) The Works
Any catalogues, advertisements, price lists or media used or shown to the Client are intended only to give a general idea of the works and are in no way part of the Contract.

5) Payment
5.1 Non-Account Clients. If an Estimate is over £500 a 30% deposit may be required prior to Works commencing (dependant of type of Works and material required) full payment will be due on completion of Works. If the Works carried out are more than 10% variation of the estimate given, a final invoice shall be raised and posted, this will be required to be settled within 14 days of date of invoice. 5% administration charge will be added to outstanding balances compounded at 30 day intervals if settlement isn’t reached.
5.2 Account Client payments will be due within 14 days of date of invoice. 5% administration charge will be added to outstanding balances compounded at 30 day intervals if settlement isn’t reached.
5.3 For larger projects it may be required to ask for stage payments. Details will be outlined by the Contractor in the Estimate.

6) Commencement and Completion Dates
We shall endeavour to commence work on a date agreed with the Client and complete within the estimated time. However sometimes due to unforeseen circumstances this is not always possible, the Contractor will keep the Client informed if changes arise. The Contractor will not be liable if it is either impossible or impractical to carry out the Works due to Strike, lock out, dispute, act of god (including adverse weather conditions) or any other event or occurrence beyond the Contractor’s control.

7) Completion of works
The Client shall inspect the Works immediately on completion. If the Client feels that the Works or any part of does not come into accordance with the contract, they must inform the Contractor immediately so as to discuss and where needed, rectify any issues. If after 7 days no correspondence has been received from the Client regarding Works completed, it will be assumed that that Works carried out are free from any defect which would be apparent from any reasonable examination.

8) Defects
Should after the Works are complete a Defect arises in breach of the Contractor’s obligations, if within 7 days of completion the Client must contact the Contractor in writing so the issue can be dealt with straight away. If a defect arises in breach of the Contractor’s obligation after 7 days of completion the Client must contact the Contractor in writing where the Contractor will then arrange for a mutually convenient time to visit the property and ascertain whether the defect is due to the Contractors negligence or unrelated. If the defect is unrelated the Client shall be liable for a call out charge.
Other defects the Contractor will not be liable for are:
- Parts or materials that are covered by a manufacturers or suppliers guarantee
- Defects that result in the Clients misuse or faulty workmanship carried out by the Client or anyone working under the instruction of the Client other than the Contractor
- Any defect arising from circumstances or factors know to the Client that were not disclosed to the Contractor prior to Works being undertaken
- Systems or structures not installed by the Contractor

9) Contractor’s Liability
The Contractor’s liability shall be limited to:
9.1 The repair or making good of any defect directly linked to the Works completed as outlined in paragraph 7.
9.2 The reasonable costs of repair or reinstatement of Clients property that may be lost or damaged as a result of the Contractors negligence.

10) Client’s Liability
The Client shall be liable for:
10.1 Providing all power and water to the Contractor so that the contracted Work can be undertaken (unless specified in an estimate)
10.2 The safety of Plant, machinery and tools belonging to or hired by the Contractor and shall indemnify the Contractor against its loss, theft or damage.

11) Access
11.1 The Client is responsible for providing clear access to enable the Contractor to carry out the Works.
11.2 The Client will make necessary arrangements with the relevant authorities to arrange for permits, traffic control or permissions to carry out the Works unless specified in the Estimate.
11.3 Overhead clearance may be required, any hindrance in the form of overhead power cables or telephone lines may affect the final invoice due to inconvenience or extra man hours.
11.4 The Client must provide a safe working environment for the Contractor to carry out the Works.
11.5 If access is required to a third party property, permission must be obtained by the Client. The Client shall indemnify the Contractor against all claims of any nature unless damage or loss is due to the Contractors negligence.
11.6 The Client will be liable for any costs occurred as a result in the failure of carrying out the obligations outlined above.

12) Removal of Waste Material
The Client is responsible for the removal of any waste material unless agreed with the Contractor in writing.

13) Frozen Pipes
The Contractor shall not be responsible for any fractures or damage to pipe work if a call out is in connection to frozen pipes. There will be no guarantee given regarding blockages cleared to any pipes or drains.

14) Complaints
Where we cannot resolve any complaints using our own complaints procedure (paragraph 8), as a Which? Trusted trader we use Ombudsman Services Ltd for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact Which? Trusted traders in the first instance on 0117 981 2929.

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