GENERAL TERMS AND CONDITIONS
1 Parties, Definitions and Interpretation
1.1 In these terms and conditions (which are referred to in this document as “these terms”), “Customer” means the customer for whom the Works are to be carried out by Weirdos a trading division of The Zockoll Group Limited “Weirdos” or, as the case may be a franchisee of Weirdos carrying on business pursuant to a Franchise Licence Agreement entered into with Weirdos, or as the case may be a third party subcontractor carrying on business pursuant to an agreement entered into with Weirdos, “Contract” means the agreement between the Customer and Weirdos to carry out the Works of which these terms form a part and (where these terms are a schedule to a signed agreement between the Customer and Weirdos (“the Agreement”) the Agreement, “Works” means the works described in Weirdos’s estimate and/or as referred to in Weirdos’s Work Detail Sheet or any other document or email issued by Weirdos, as may be varied by agreement in writing between the parties. For the purposes of these terms, “in writing” includes by email and any document which is set out in a hand held device and any signature on a hand held screen shall be treated as in writing. In these terms words importing the masculine gender also include the neuter and the feminine gender and words importing the singular number include also the plural number, where the context so requires.
2 General
2.1 The Customer will be treated as an Account Customer or Non-Account Customer, according to Weirdos’s reasonable discretion.
2.2 All estimates given by Weirdos, all orders and instructions given by the Customer, 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 Customer, whether in the order or instructions or in any negotiations or in any course of dealing established between Weirdos and the Customer, except where these terms are a schedule to a signed Agreement between the Customer and Weirdos, in which event these terms apply only to the extent not inconsistent with that Agreement.
2.3 The Customer acknowledges that Weirdos has not made any representations (other than any expressly stated in the Contract and/or in Weirdos’s estimate), which have induced it to enter into the Contract, and the Contract shall constitute the entire understanding between the Customer and Weirdos for the performance of the Works (and detailed in paragraph 4 below).
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 Weirdos of any documentation of the Customer shall not imply any modification of the contract.
2.5 Nothing in this Contract is intended to confer on any person any right to enforce any term which that person would not have but for The Contracts (Rights of Third Parties) Act 1999. Accordingly, a person who is not a party to this Contract shall have no rights under that Act to enforce any of its terms, but this does not affect any right or remedy of such person, which exists or is available apart from that Act.
3 Estimates and variations to the price
3.1 Any estimate by Weirdos is subject to withdrawal by Weirdos at any time before receipt of an unqualified acceptance from the Customer and shall be deemed to be withdrawn unless so accepted within twenty eight (28) days from its date
3.2 Unless otherwise specified by Weirdos in a written estimate, an estimate is not a firm or fixed price quotation. It is an estimate of the likely minimum cost of the Works, based on the information made available to Weirdos. Weirdos’s final price will be calculated on the basis specified in the estimate, if any, or if none, in accordance with Weirdos’s standard account rate card applicable at the time the Works are carried out and may be increased above (but not reduced below) the specified price. Furthermore, Weirdos reserves the right to increase the price before carrying out the Works by an amount equivalent to any increase to Weirdos in the cost of relevant parts, labour, or transport since the date upon which Weirdos’s estimate, written, emailed or oral, was given, save that if this would increase the estimated price by more than 10%, the Customer may cancel the Contract provided it does so before the Works are begun, any relevant parts are ordered or any relevant equipment is hired.
3.3 Where Weirdos attends site and determines that the works required are different from those advised to it by the Customer, it shall be entitled to charge the Customer a diagnostic fee of £30.00 in circumstances where the Customer declines the estimate.
3.4 Weirdos reserves the right to charge a fee for the collection of parts from its suppliers except with respect to works for which there is an estimate. If the collection occurs whilst Weirdos is on site, the time taken will be treated as an addition to the Works and charged at the relevant rate. If the parts are ordered for subsequent collection and delivery, a charge may be made by Weirdos of £40 plus VAT. Parts will be supplied at cost net after Weirdos discounts plus Weirdos normal mark-up to cover handling, stock maintenance etc.
3.5 Weirdos Schedule of Rates is available on line or for inspection at Weirdos’s premises during normal business hours. The Schedule of Rates specifies first hourly rates and subsequent half hourly rates thereafter.
3a Quotations
3a.1 Unless otherwise specified by Weirdos where the Customer is provided with a fixed price Quotation by Weirdos that fixed price shall be valid and open for acceptance within twenty eight (28) days unless a longer time is specified on the face of the Quotation and, if not so accepted within the designated period shall be deemed withdrawn.
4 The Works
4.1 All descriptions, illustrations etc. contained in any catalogues, price lists or advertisements, or otherwise communicated to the Customer, are intended merely to present a general idea of the Works and nothing contained in any of them shall form a part of the Contract.
5 The Price
5.1 The price payable by the Customer is calculated as specified in paragraph 3 above and 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 parts supplied by the Company and the amount of time spent by the Weirdos operative in undertaking the works (including reasonable time spent obtaining unstocked parts as stated in 3.3 above) charged in accordance with the Company’s current schedule of rates. Unless otherwise stated, the price and all estimates provided by Weirdos are shown exclusive of Value Added Tax at the prevailing rate which will be payable in addition where properly chargeable.
6 Payment[C3]
6.1 Non-Account Customers: Payment by the Customer is due on completion of the Works. Payment must be made on such completion. Payment can be made by cash, cheque, Visa, Mastercard, Maestro, or BACS
6.2 Account Customers: Weirdos will seek to submit invoices to Customers within 5 days of completion of the Works and subject to paragraph 8 below, payment must be made by the Customer within 30 days after the date of issue of the invoice.
6.3 Where the Customer is represented by a third party (such as a managing agent, contractor or other representative), in the event of non-payment by the Customer, the third party will be responsible for payment unless Weirdos has agreed otherwise in writing.
6.4 Weirdos shall be entitled to interest on a daily basis on any amount not paid on the due date for payment from such due date until payment in full at 4% above the bank of England base rate at the relevant time.
6.5 Weirdos shall not be required to issue or deliver any certificates, guarantees or other similar documents regarding the Works until payment has been made in full.
7 Commencement and Completion Dates
7.1 Dates specified for the commencement and completion of the Works are estimates only. Weirdos shall use all reasonable endeavours to ensure that it will attend on the date and time agreed. However, it accepts no liability in respect of non-attendance or late attendance on site or for the late delivery of parts. Time shall not be of the essence of the Contract except as provided for in paragraph 16 below.
8 Inspection of the Works
8.1 The Customer shall inspect the Works as far as it is reasonably possible to do so immediately upon their completion (though failure to countersign the relevant Works Detail Sheet shall not imply rejection of the Works) and if it considers that the Works or any part thereof are not in accordance with the Contract, it shall within 7 days from the date of inspection give detailed notice in writing thereof. In the absence of any such notice, the Works shall be conclusively presumed to be complete and free from any defect, which would be apparent on reasonable examination.
9 Indemnity
The Customer shall indemnify Weirdos against all actions, suits, claims, demands, losses, charges, costs and expenses which Weirdos may suffer or incur in connection with a claim by any third party resulting from a breach of the Customers obligations, undertakings, representations and warranties in connection with this Contract.
10 Whole Agreement and Exclusion of Liability
10.1 These terms set out Weirdos’s entire liability in respect of the Works and Weirdos’s liability under them shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities, expressed or implied, in respect of the Works and the quality thereof.
11 Limitation of Liability and Liability of Weirdos
Weirdos’s liability shall be limited to:
11.1 the repair or making good of any defect pursuant to its undertaking in paragraph 13 below and subject always to paragraph 8 above.
11.2 liability for death or personal injury resulting from negligence in the course of carrying out Weirdos’s duties, and
11.3 the reasonable costs of repair or reinstatement of any loss or damage to the Customers property if such loss or damage results from Weirdos’s negligence or that of its employees, agents, franchisees, or sub-contractors and the Customer incurs such costs.
11.4 Subject to any liability that may not be excluded or limited by Law, Weirdos exclusion of liability includes, but is not limited to, any special, incidental, consequential, punitive, or exemplary damages such as loss of revenue, data, anticipated profits, and lost business
12 Access
12.1 The Customer shall provide clear access to enable Weirdos to undertake the Works. The Customer will at all times provide a safe working environment for Weirdos and its employees, agents, franchisees and sub- contractors for the purposes of carrying out the works. The Customers shall be liable to Weirdos for all loss of damage whether direct, indirect or consequential which is suffered by Weirdos as a result of failure or delay by the Customer in performing the obligations referred to above.
13 Defects
13.1 Subject to paragraph 8 above and the exclusions listed below, Weirdos undertakes to repair or make good any defect in completed work which appears within twenty eight days of completion of the same to the extent that such defect arises from a breach of Weirdos’s obligations under the Contract and provided that details of the defect are notified by the Customer to Weirdos in writing within such period that Weirdos determines.. This undertaking shall only apply to work carried out and completed and invoiced by Weirdos and which is paid for by the Customer by the due date for payment ascertained in accordance with paragraph 6 above. If Weirdos returns to the site at the Customers request to review a claim under this undertaking and it transpires that the defect had not arisen as a result of a breach on the part of Weirdos, Weirdos reserves the right not to carry out any work under this paragraph 13 where the Customer cannot evidence that the work originally carried out and completed by Weirdos or where payment has not been made in full for such work. Exclusions are:
- Parts will be provided only with the benefit of the manufacturer’s / supplier’s guarantee and are not guaranteed by Weirdos
-Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to Weirdos prior to the work having been undertaken.
-Defects resulting from misuse, willful act, or faulty workmanship by the Customer or anyone working for or under the direction of the Customer (other than Weirdos)
13.2 In circumstances where Weirdos is unable to offer a guarantee Weirdos will notify the Customer before any works are carried out
14 Force Majeure
14.1 Weirdos will use all reasonable endeavours to carry out the Works on the agreed dates but shall not be under any liability to the Customer if it should be either impossible or impracticable to carry out the Works on the agreed dates or at all, by reason of strike, lock out, industrial dispute, act of god or any other event or occurrence beyond Weirdos control.
15 Customer’s Liability
15.1 The Customer shall be liable for:
- Any loss, damage or injury, whether direct or indirect or consequential, resulting from failure or delay in the performance of the Customer’s obligations under these terms
- Providing all necessary power for Weirdos’s use in the execution of the contracted works
- The safety of any items belonging to or hired in by Weirdos or its employees, agents, franchisees and sub-contractors and shall indemnify Weirdos against it’s loss, theft or damage
15.2 The Customer must let Weirdos know of any hazard or danger which the Customer believes may present a risk to any person who is due to carry out the Works before such work is started.
15.3 The Customer must provide Weirdos with all necessary details in respect of any relevant requirements specified by the Factory Inspectors or similar regulatory authorities.
16 Cancellations
16.1 If the Customer cancels the contract without Weirdos’s consent other than pursuant to paragraph 3.2 above, the Customer shall indemnify Weirdos against all loss, damage, claims or other actions arising out of such cancellation unless otherwise agreed in writing, and for the avoidance of doubt any such cancellation is without prejudice to Weirdos’s right to payment in accordance with paragraph 6 above
16.2 If the Customer wishes to cancel an appointment for a visit by Weirdos, the customer will incur a cancellation fee of £10 (plus VAT) if the cancellation is made less than 24 hours (but more than 2 hours) before the time scheduled for the appointment and of £50 (plus VAT) if the cancellation is made 2 hours or less before the scheduled appointment time[C4]
16.3 If the Customer cancels work to be undertaken pursuant to an estimate accepted by the Customer, subject to paragraph 3.2 above the Customer will be liable for a cancellation charge of 5% of the estimate price if the cancellation is made less than 14 days prior to the specified commencement date for the Works, 10% of the estimate price if the cancellation is made less than 7 days prior to the said specified commencement date and 20% of the estimate price if the cancellation is made less than 2 days prior to the said specified commencement date.
17 Removal of Waste Materials
17.1 Unless agreed in writing between the parties, the Customer will be responsible for the removal from site of all waste materials resulting from the Works
18 Waiver, Variation etc
18.1 No waiver by Weirdos of any breach by the Customer shall operate as a waiver of any preceding or subsequent breach by the Customer. No variation shall be effective against Weirdos unless sanctioned in writing by Weirdos. No forbearance or delay on Weirdos’s part shall prejudice Weirdos’s rights and remedies under this contract.
19 General
19.1 If any provision set out in these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provisions held invalid shall not be effected.
