Mister Fix

TERMS AND CONDITIONS

  

1. Interpretation

1.1 Except where the context requires otherwise words importing the masculine shall include the feminine; words importing the singular shall include the plural; words importing natural personage shall be equally applicable to corporate personage and vice versa.

1.2 References to any statutory provision, authority, rule or code of practice shall be deemed to include the amended versions, replacements os successors of such.

 

2. Relationship between the Parties

2.1 The client engages Mister Fix to provide the services specified in these terms and conditions and attached schedules.

2.2 No term of this agreement or course of dealings between the Parties shall operate to make the Agent an employee of the Client.

2.3 Neither Party shall assign or transfer any of their rights, liabilities or obligations arising under this agreement without the prior written consent of the other Party.

 

3. The Quotation

3.1 Mister Fix shall provide to the Client a proposal for the services to be provided ("the Quotation") which shall set out:

a) The services which Mister Fix will undertake for the Client

b)The date or time period within which the service will be performed

c) The costs which the Client shall be charged for the performance of the services including

i. Any fees which Mister Fix shall charge

ii. Any disbursements or expenses which Mister Fix will require the Client to meet (including but not limited to the cost of materials)

iii. Any VAT or tax element which will be payable by the Client

3.2 The Quotation shall be attached to these terms and conditions via website as a schedule and where a contract is entered into between Mister Fix and the Client, the Client will be deemed to have accepted the Quotation in full.

3.3 All quotations provided by Mister Fix will expire after 30 days of being sent to the client.

3.4 Any quotation which is rejected in part, are subject to changes of prices.

 

4. The Services and the Time and Manner of their Delivery

4.1 Mister Fix will provide such services to the Client as are set out in the Quotation.

4.2 The services will be provided to the Client within the timeframe specified in the Quotation.

4.3 Time frames and dates of delivery are provided for guidance only and Mister Fix makes no guarantees that the services will be performed within the specified period. For the purposes of this agreement, time shall not be of the essence and Mister Fix shall not be liable for any loss or damage suffered by the Client as a result of the delivery of services being delayed or postponed for any reason.

4.4 For services in regard to investigation work, a minimum charge will be applied according to Trade specific costs.

 

5. Payments

5.1 The contract price set out in the Quotation, which includes details of the charges which Mister Fix will make for labour, materials and parts as well as any taxes or additional costs or expenses or disbursements which Mister Fix may charge to the Client.

5.2 The intervals at which Mister Fix may invoice the Client in respect of the whole or an installment of the contract price are set out in the Quotation.

5.3 Notwithstanding 4.1 and 4.2 above, Mister Fix may vary the contract price from the amount set out in the Quotation where he has provided services which are different or in addition to those set out in the Quotation either at the specific request of the Client or because he has been required to complete additional work which was not anticipated at the time the Quotation was made, or because of market fluctuations in the price of materials.

5.4 The Client agrees

a) Not to withhold any sums due to Mister Fix.

b) To settle all invoices raised by Mister Fix within 7 days.

c) To pay Mister Fix interest at a rate of 10% per month above the Bank of England base rate or £10 per month whichever is greater on any payments which are not settled in accordance with section 5.4(b).

d) To pay to mister Fix such costs and expenses as he may incur in recovering payment from the Client where the Client fails to make payment in accordance with these terms and conditions.

5.5 Payments made to Mister Fix by cash or cheques will incur a 3% charge of the balance due.

 

6. Cancellation

6.1 In accordance with the Cancellation of Contracts made in a Consumer's Home or Place of Work etc regulations (2008) the Client may cancel this contract within 7 calendar days of signing this agreement (or within whatever extended period Mister Fix may specify in the Quotation) and shall be entitled to a full refund of any monies paid to Mister Fix, less an amount representing any reasonable administration costs which Mister Fix has incurred. Any cancellation outside this period will not entitle the Client to a refund of any monies paid.

6.2 Mister Fix reserves the right to make a cancellation or not needed charge (to cover business and administration costs) of £20, should the Client cancel or not notify Mister Fix that they are no longer needed for an agreed appointment within a 24 hour period preceding the start of the arranged appointment time slot.

6.3 Mister Fix reserves the right to charge in full, any missed works appointment arranged with the client, when prior notice has not been given by the client within 48hrs preceeding the agreed time.

6.4 Mister Fix reserves the right to withdraw any contract at any time prior to work commencement.

 

7. Client's Obligations

7.1 The Client shall be responsible for the correctness of all measurements for products or materials which the client gives to Mister Fix. Where these measurements are not correct and materials and products which are ordered or provided by Mister Fix are the wrong size, the Client shall bear the expense of rectifying this.

7.2 The Client shall co-operate with Mister Fix as may be necessary to facilitate this agreement, including but not limited to

a) Permitting Mister Fix access to the property or location in which the services are to be supplied ("the Site") and assuring that such access is appropriate and adequate.

b) Where the Site is indoors, ensuring that there is adequate ventilation.

c) Providing for Mister Fix such facilities as may be necessary in order to allow him to complete the services.

d) Following Mister Fix's reasonable instructions relating to safety and the state of work which has recently been completed by Mister fix or is in the process of being completed or to the state of the Site in general, including directions or restrictions on appropriate usage, care and maintenance.

7.3 Unless the Quotation specifies otherwise, the Client will be responsible for any cleaning and redecorating which is necessary to the Site after Mister Fix has completed the agreed services up to and including the removal of waste materials or building rubble.

7.4 Where Mister Fix stores or keeps any materials or equipment on Site, the Client shall be responsible for the security and safety of such and shall account to Mister Fix for any loss or damage.

7.5 The Client shall be responsible for any permissions, licenses or consents which are necessary in order for the services to be provided. The Client warrants that he has applied for and obtained all such necessary permissions, license or consents prior to contracting Mister Fix.

7.6 The Client agrees to take responsibility for any materials provided by them and the cost of fitting said items, will be paid for in part or full, accordingly, should they be incorrect to cover lost service time for Mister Fix engineers.

 

8. Mister Fix Obligations

8.1 Mister Fix shall perform all duties, services and obligations under his contract with reasonable care and skill and to a reasonable standard. He shall comply with all relevant codes of practice and statutory or regulatory requirements.

8.2 Mister Fix shall take all reasonable care with the Client's property, including taking reasonable steps to protect the Client's furnishing's and wall and floor coverings during the provision of the services.

8.3 Mister Fix shall at all times be registered and remain in good standing with such organizations as may be relevant for the purposes of permitting him to self certify the compliance of the services provided with the relevant building regulations or alternatively if he is not so accredited then he shall make arrangements for a building inspector to certify the compliance of the services provided with the relevant building regulations.

8.4 Mister fix shall be responsible for managing and arranging the safe and lawful disposal of any waste materials which are generated or removed from the Client's property as a result of the provision of the services.

8.5 Mister Fix shall at all times hold a valid employer and public liability insurance policy.

 

9 Property Rights and Assumption of Risk

9.1 Any property rights, title or ownership in any property or materials which are used by Mister Fix in providing or delivering the service shall remain with Mister Fix until the Client has made payment in full accordance with these terms and conditions.

9.2 Risk in and responsibility for any products or materials which are used in the supply, performance or delivery of the services shall pass from Mister Fix to the consumer

a) Where Mister Fix is responsible for delivering the  products or materials to the Client, upon delivery or,

b) Where Mister Fix is not responsible for delivery, at the moment the products or materials leave Mister Fix's premises.

 

10. The Guarantee

10.1 Mister Fix provides to the Client, in addition to any statutory rights which the Client may have, a guarantee that the Services provided under this contract shall be free from defective or flawed materials or workmanship for a period of 6months from the completion of the Services, notwithstanding that this guarantee shall not apply to:

a) Defects or flaws which are as a result of misuse, failure to adequately and properly maintain, neglect or failure to follow instructions or recommendations on the part of the Client.

b) Any defect or flaw which is caused by mechanical or chemical damage (which is not in itself a result of some defect in the workmanship or materials) and which arise after risk in the property has passed to the Client.

10.2 Mister Fix shall, at his sole discretion, determine the manner in which he will satisfy his guarantee, whether in repairing re-performing or replacing the Services or by refunding to the Client all or part of the monies which have been paid.

10.3 Where the Client considers that the Services are defective upon delivery or performance then he shall notify Mister Fix of this within 7 days, failing which he shall not be entitled to claim the benefit of this guarantee.

10.4 This guarantee shall not become effective until the Client has paid Mister Fix in full, failing which the Client shall not be entitled to claim the benefit of this guarantee. 

 

11. Termination

11.1 This agreement shall continue until the Services (or any mutually agreed addition, extension or variation thereof) have been provided in accordance with the below.

11.2 Without prejudice to the above this Agreement may be terminated immediately where any of the following circumstances arise:

a) Either Party commits a serious breach or persistent breaches of this agreement including but not limited to the non-performance, neglect or default of any of his duties as outlined herein (including a failure on the part of the Client to make payment within agreed timescales) and after notice of this breach has been given to the defaulting Party it remains un-remedied and un-rectified days after such notice.

b) Either Party commits a breach of this agreement which cannot be remedied.

c) Either Party becomes insolvent or enters into a CVA or IVA or ceases to carry on the whole or substantially the whole of its business.

11.3 Upon termination of this agreement the Client shall pay to Mister Fix such sums as  may represent the work done and expenses incurred up to and including the date of the termination.

11.4 Any right to terminate this agreement shall be without prejudice to any accrued rights or liabilities arising out of this agreement which are in existence at the date of termination.

 

12. Disclaimers and Exclusions

12.1 Mister Fix shall not be responsible in any circumstances to the Client or any third party for any loss of profit or indirect or consequential economic damage or loss howsoever caused, whether as a result of negligence, misrepresentation, breach of contract or otherwise.

12.2 Nothing in the forgoing shall be read as restricting or limiting in any way Mister Fix's liability for death or personal injury.

 

13. Indemnity

13.1 The Client shall indemnify Mister Fix against any loss or damage which results from the Client's breach of this agreement or failure to abide by any of it's terms.

14. Force Majeure

14.1 Neither Party shall be liable for any delay or failure in performing its obligations or duties under this agreement which results from circumstances outside his reasonable control including but not limited to acts of God, industrial action, war, fire, threat of terrorism, civil disturbance or rioting, government or regulatory action, breakdown in plant or machinery or shortage of raw materials or supplies.

 

15. Warranty of Contractual Capacity

15.1 Both Parties and the signatories to this agreement warrant that they are authorised and permitted to enter into this agreement, and have obtained all necessary permissions and approvals.

16. Whole Agreement, Governing Law, Severability and miscellaneous Provisions

16.1 This document constitutes the entirety of the agreement between the Parties. It supersedes any prior representations which may have been made, whether orally or in writing. Any modification to this agreement must be made in writing and signed by both Parties.

16.2 This agreement shall be governed by the Law of England and Wales and the Parties agree to submit to the exclusive jurisdiction of the English Courts.

16.3 All clauses, sub clauses and parts thereof shall be severable and shall be read and construed independently. Should any part of this Agreement be found invalid this will not affect the validity or enforceability of any other provision or of this agreement as a whole.

16.4 All terms, conditions and covenants contained in this agreement shall bind the Parties and their heirs, legal representatives, successors to title and permitted assignees.

16.5 Nothing in these terms and conditions shall incur any rights on a third party and no third party may enforce any provision of this contract under the Contracts (rights of Third parties) Act.

16.6 The failure by either Party to enforce any provision of this agreement shall not  be deemed a waiver or limitation of that part's right to subsequently compel and require strict compliance with every provision of this agreement.