Terms & Conditions
JEFFRIES PROPERTY MAINTENANCE TERMS AND CONDITIONS OF BUSINESS
The wording below states the terms and conditions on which Jeffries Property Maintenance is prepared to provide certain building and related services to you.
- 1 Interpretation and Definitions
- 1.1 The definitions in this clause apply to these Terms:
‘Business Day’: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business;
‘Contract’: the contract between you and us for the Services provided, in accordance with the Quotation and these Terms;
‘Estimated Delivery Date’: the date upon which we will aim to provide the Services by, as stated in the Quotation (or as otherwise agreed in writing);
‘Materials’: any materials, goods, parts or items we (or any sub-contractor instructed by us) need to buy necessary in order to perform the Services;
‘Premises’: the location where we will provide the Services;
‘Price’: the price of the Services, as set out in the Quotation, which is subject to Survey;
‘Quotation’: the quotation provided by us to include, where applicable, the description of the Services, Materials, Price, Premises and Estimated Delivery Date (or any other information which we deem necessary);
‘inspection’: an inspection by us (or on our behalf) of that part of the Premises at which the Services are to be provided;
‘Survey’: a survey by us (or on our behalf) of that part of the Premises at which the Services are to be provided;
‘Terms’: the terms and conditions set out in this document and any special or additional terms and conditions agreed in writing by us and you recorded overleaf;
‘We’, ‘us’ or ‘our’: Jeffries & Partners Limited trading as Jeffries Property Maintenance, a company registered in England and Wales under company number 03185348, whose registered office is 112-114 London Road, Portsmouth, Hampshire, PO2 0LZ ; and
‘You’ or ‘your’: the person to whom we are providing our Services and who is required to pay for the Services we provide.
- 1.2 Headings do not affect the interpretation of these Terms.
- 1.3 A reference to “writing” or “written” in these Terms includes email.
- 1.4 Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
- 2 Entering into a legally binding contract
- 2.1 This Contract comes into existence on the date you sign the Quotation.
- 2.2 Any Quotation shall be valid for 30 (thirty) days only from the date of the Quotation. If the Quotation is not signed and returned to us within this time period, it shall lapse and cease to have effect.
- 2.3 We suggest that before you sign the Quotation you:
- 2.3.1 read through these Terms carefully; and
- 2.3.2 check that the details on the Quotation are complete and accurate.
- 2.4 If you have any questions concerning the Terms, or if you think that there is a mistake on the Quotation, please contact us to discuss.
- 2.5 We intend to rely on these Terms and the Quotation. If you require any changes please make sure you ask for them to be put in writing. This can help to avoid any problems about what you expect from us and what we expect from you. Any changes required to a Quotation must be agreed by us in writing.
- 2.6 You should keep a copy of these Terms for your records.
- 3 Standard of providing the Services
- 3.1 Once you have entered into the Contract, we will normally start providing the Services to you at the Premises using the Materials straight away or on a date agreed between us and you, so that we may try and complete the Services on the Estimated Delivery Date.
- 3.2 The Services that we provide are divided into a number of distinct stages, as follows:
- 3.2.1 (for larger jobs) after you have entered into the Contract, we will carry out a Survey of the Premises;
- 3.2.2 we (including or employees, agents or subcontractors) carry out the Services; and
- 3.3.3 we (including our employees, agents or subcontractors) clean up after the Services have been carried out.
- 3.3 We will provide you with the Services:
- 3.3.1 using reasonable care and skill;
- 3.3.2 that comply with commonly accepted building practices; and
- 3.3.3 in compliance with the building laws and regulations in force at the time we carry out the Services.
- 4 Survey
- 4.1 If the Services require that we carry out a Survey (as indicated on the Quotation), then the Survey will:
- 4.1.1 indicate the specific Services that are to be performed so that they can be planned and specified;
- 4.1.2 provide a description of the item(s) or installation(s) to be installed at the Premises;
- 4.1.3 provide a technical specification as to how the Services are to be performed (including sizing and measuring) and any Materials to be supplied.
- 4.2 The Survey will normally be carried out:
- 4.2.1 within 10 Business Days of you entering into the Contract; or
- 4.2.2 as soon as possible after the date you enter into the Contract if you cannot make an appointment until more than 10 Business Days have passed after the Contract has been entered into.
- 4.3 In most cases after we have carried out the Survey we will provide you with a report setting out the details determined and investigated under clause 4.1. The report will be provided to you for your comment and we will normally meet with you to discuss its contents and make any necessary amendments to the Quotation (including, but not limited to, correcting any factual errors).
- 4.4 If after carrying out the Survey it is clear that:
- 4.4.1 the amount of Services needed to be provided is substantially in excess of that set out in the Quotation and the extra Services could not have been reasonably foreseen at the time the Quotation was provided; and/or
- 4.4.2 there are substantial technical or practical reasons why the result or purpose to be achieved by the performance of the Service will not be achieved; and/or
- 4.4.3 there are substantial technical, structural or practical problems with the Premises or the items which are the subject of the Services which could not have been reasonably foreseen at the time the Quotation was provided; and/or
- 4.4.4 the Price will need to be changed,
then we will notify you and you may then contact us within 14 days of the date of such notice to either agree to such changes to the Services or end the contract and receive a full refund of any monies paid to us in accordance with clause 9.5. If you do not contact us within 14 days from the date of our notice to you, we will end the contract and refund to you any monies paid to us in accordance with clause 9.5.
- 5 Days and times when we normally provide the Services and performance of Services away from the Premises
- 5.1 Unless we agree otherwise we will provide the Services on a Business Day and start work no earlier than 8.00 am and finish work no later than 6.00 pm.
- 5.2 The performance of some of the Services may take place away from the Premises. For example, we may only be able to carry out some of the activities in performing the Services away from the Premises or when you need to be present at the Premises.
- 6 Timing
- 6.1 Our responsibility to perform the Services by particular dates and times
We aim to carry out the Services by the Estimated Delivery Date, but we are unable to guarantee or provide a firm commitment that:
- 6.1.1 we will start performing the Services by a specified date or time; or
- 6.1.2 we will complete the performance of all the Services by the Estimated Delivery Date; or
- 6.1.3 the performance of any individual part of the Services will be completed by a specified date or time.
- 6.2 What can happen if we are unable to start performing the Services or complete performing the Services
We will endeavour to commence the Services on a specified date (if agreed) and complete these by the Estimated Delivery Date. In the event of delays commencing the Services or completing the Services, you will be contacted as soon as possible and we will take steps to minimise the effect of the delay. You may choose either to continue to wait until we can start performing, or continue performing, or to cancel the contract as follows:
- 6.2.1 Cancellation where we have started to perform the Services:If we have started performing the Services and you decide you wish to cancel the Contract you will have to pay for the Services we have performed up to the date of cancellation and for any Materials we have used or purchased. If you have made payment(s) to us in excess of the amount of Services we have performed or Materials we have purchased, we will return the difference to you within 10 Business Days of cancellation.
- 6.2.2 Cancellation where we have not started to perform the Services:If we have not started performing the Services we will not ask you to pay us anything and will refund any deposit or other sums you have paid to us (less any expenditure incurred in purchasing any Materials in preparation of providing the Services) within 10 Business Days of cancellation.
- 6.3 Events outside our control
- 6.3.1 In addition, there are certain events which occur which are not within our reasonable control (some examples are given in clause 6.3.2). Where one of these occurs you will be contacted as soon as possible and we will take steps to minimise the effect of the delay and we will normally attempt to recommence performing the Services as soon as the event outside our control which has stopped us performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.
- 6.3.2 The following are examples of events which are outside our control:
- (a) where weather conditions make it impossible or unsafe for us to perform any of the Services;
- (b) if Materials that are ordered are not delivered on the date or time agreed with the supplier of the Materials (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time, or the price charged by the alternative supplier is excessively higher than by the original supplier);
- (c) where you make a change in the Services you wish us to perform (and this results in, for example, us having to do further work or wait for new or different Materials);
- (d) where we have to wait for other providers of services (who have been engaged by you) to complete their work before we are able to perform the Services (or the relevant part of the Services dependent on the other provider if ordered at short notice);
- (e) where we are unable to gain access to the Premises to carry out the Services at the times and dates we have agreed with you;
- (f) where the areas in the Premises have not be readied by you as we and you have agreed in order for us to perform the Services; and
- (g) for some other unforeseen or unavoidable event or situation which is beyond our control, for example (but not limited to) strikes, lock-outs or other industrial disputes (whether involving our own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, volcanic activity, earthquakes, loss at sea, epidemics or similar events or natural disasters.
- 6.3.2 If the delay in us recommencing performing the Services will be excessive then we will offer you the option of either:
- (a) continuing to wait until we are able to recommence performing the Services. If you are required to make any payments during this period (for example if we and you have agreed that you will pay us in staged amounts) then we will not require you to make any of the payments required until we are able to recommence performing the Services; or
- (b) allowing you cancel the Contract. If you choose this option then you will only have to pay for the Services we have performed up to the date of cancellation and for any Materials which we have purchased. If you have made payment(s) to us in excess of the amount of the Services we have performed or Materials we have purchased, we will return the difference to you within 10 Business Days of cancellation
- 7 Your obligations
- 7.1 You should remove any items from the areas in the Premises where we will be performing the Services by the date or time when we are due to start performing the Services.
- 7.2 We suggest that you cover any items, furniture or fixtures or fittings which you will not be moving from the areas at the Premises where we will be working in order to protect them from dust or dirt.
- 7.3 You will allow us to gain access to the Premises at the dates and times agreed by you and us when we will perform the Services.
- 7.4 You will obtain all necessary consents, permissions and approvals before we start performing the Services. For example:
- 7.4.1 if the Services we are to perform require planning permission, you will have obtained that permission (and have the appropriate documentation available for our inspection if we wish to look at it) before we start the Services; and/or
- 7.4.2 if you are a tenant, you will have obtained the permission or consent of your landlord and you will have the permission or consent in writing.
- 7.5 During all times that we are providing the Services you will:
- 7.5.1 allow us access to a water supply;
- 7.5.2 allow us to use electricity from normal 220/240 volt 3-pin sockets;
- 7.5.3 allow us to leave our tools and Materials at the Premises at times when we are not performing the Services;
- 7.5.4 provide us (or our employees, agents or sub-contractors) with means to access to and from the Premises;
- 7.5.5 allow us (or our employees, agents or sub-contractors) to use your toilet and washing facilities; and
- 7.5.6 provide the required number of parking permits for visitors as requested by us throughout the time we are providing the Services (if required or imposed by a local or other authority).
- 8 Some restrictions and assumptions
- 8.1 We will assume that all information, measurements and facts that you provide are accurate and true. We will not accept liability for any loss or damage caused where we reasonably perform our Services in reliance on these. We will be responsible for any measurements we make or provide.
- 8.2 We do not provide (or offer) opinions or advice on structural or other building related matters. If you need such advice, please consult a chartered or other professionally qualified surveyor.
- 9 Price and payment
- 9.1 The price of the Services shall be the Price (unless another price has been agreed by you and us in writing).
- 9.2 The Price is subject to adjustment by us following the Survey if additional costs of providing the Services are identified as a result of the Survey.
- 9.3 As the Price is based upon an estimate, there can be times when we may need to charge you a higher Price than stated in the Quotation. This can occur for a number of reasons, including (but not limited to) where:
- 9.3.1 what you require us to do changes, or the amount of work or Services you require us to provide increases or is different to what was agreed before we commenced the Services and as stated in the Quotation; or
- 9.3.2 when we start performing the Services it becomes apparent that the amount of Services we will need to perform or the type of work that is involved is different to what we agreed before we commenced the Services and which we could not reasonably foresee before we commenced the Services.
- 9.4 Where the amount of work involved is greater than that stated in a Quotation (as set out in clause 9.3) then we will contact you to discuss the work required and will seek your written agreement to proceed with the additional work at the additional cost before doing so.
- 9.5 When payment is required
- 9.5.1 Services: Payment for our Services is normally made in three ways (depending on the Services provided), either:
- (a) at the time we complete performing the Services;
- (b) a deposit (as set out in the Quotation) when you enter into the Contract with us and the balance of the Price when we complete performing the Services; or
- (c) a deposit (as set out in the Quotation) when you enter into the Contract with us; payment of interim invoices we send you throughout the duration of the Contracts for any Services we have performed up to the date of such interim invoices; and the balance of the Price when we finish performing the Services.
- The option used will be indicated on the Quotation.
- 9.5.2 Materials: If we need to buy Materials in order to perform the Services then we may require you to pay for them at the time we need to buy them or when you make payment for the Services as set out in clause 9.5.1 above (at our entire discretion).
- 9.5.3 Invoices: You need to pay any amounts due within 7 days of the date of any invoice raised by us.
- 9.6 VAT
The Price is inclusive of VAT, which will be at the rate currently in force. However, if the rate of VAT changes between the date of the Quotation and the date the Services are provided, we will adjust the VAT you pay (unless you have already paid for the Services in full before the change in the rate of VAT takes effect).
- 9.7 Late payment
If you fail to pay any amount due to us at the time it is due (in accordance with clause 9.5.3 above) then we may:
- 9.7.1 charge you interest at 4% above The Bank of England’s base interest rate from time to time on any overdue amount. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment, and you must pay us interest together with the overdue amount; and/or
- 9.7.2 suspend performing the Services until you make payment of the overdue amount.
- 10 Materials
- 10.1 Where we purchase Materials we suggest that you examine them as soon as you reasonably can after delivery and/or installation.
- 10.2 Some Materials, when they are manufactured or made, have inherent imperfections or variations. We will not be in breach of our obligations to provide you with items and installations which are of satisfactory quality, or comply with any description or that they are fit for purpose where there is an inherent imperfection or variation caused by or due their making or manufacture or construction.
- 10.3 Any Materials we purchase or use (ie if we have an existing stock of the Material, such as, for example, nails or screws) will be new, and of satisfactory quality and fit for the purpose of being used in general building work.
- 10.4 If specified in the Quotation (or as agreed by you and us) we will purchase Materials for use in providing the Services.
- 10.5 Until we receive full payment for the Materials we shall own the Materials.
- 10.6 If you wish to supply any materials or items, then we will not liable as regards whether they are of satisfactory quality or fit for the purpose to which they are to be used.
- 10.7 If you have any particular or special purpose(s) for, or for the use of, the Materials please let us know before we start using the Materials. You should let us know about these purpose(s) in writing.
- 10.8 If the amount of Materials we use is less than the amount we specified (or as agreed between you and us), on completion of the Services we will leave the excess Materials at the Premises. If you wish us to remove these excess Materials please let us know. We will need at least 5 Business Days before the date of the completion of the Services if we are to remove them.
- 10.9 In the following circumstances we may need to charge for the time we take (including travel time) to purchase Materials:
- 10.9.1 we have not provided the cost of Materials in the Quotation and cannot reasonably establish what Materials are necessary until we start performing the Services; or
- 10.9.2 when we have provided the Quotation, it may not have been reasonably possible to establish the need for particular Materials at the time we provided the Quotation. The need for the particular Materials may only be revealed when we start performing the Services; or
- 10.9.3 whether or not we have provided a Quotation, the condition of an item or the area which is the subject of the Services may only become apparent when we start performing the Services and it was not reasonably possible to establish it until that point.
- 10.10 In such cases we may need to purchase Materials. If the Materials are available from a local supplier then we will normally wish to travel to that supplier and purchase the Materials and return to the Premises to continue performing the Services. We will normally charge for the travel time at our normal charging rate. If the Materials are not available from a local supplier we normally order the Materials and return on another occasion to continue to perform the Services. In such circumstances we will normally charge for the time spent in making telephone calls to suppliers or our office to locate the required Materials.
- 10.11 We will not charge you for any time spent in obtaining Materials if we have brought or ordered the wrong Materials.
- 11 Suspension of Services
- 11.1 In limited circumstances we will need to suspend providing the Services to you. This will be usually where the following occurs:
- 11.1.1 an issue or problem becomes apparent or is revealed when we start performing the Services which we could not have reasonably foreseen at the time we provided the Quotation or Survey and means that it is not safe for us to continue working; or
- 11.1.2 we are instructed or informed that the Services we are performing are not in accordance with statutory or regulatory requirements or are in breach of planning consents or environmental or conservation requirements.
- 11.2 Should the circumstances listed in clause 11.1 arise, we will contact you in advance to tell you we will be suspending the Services (unless the problem is urgent or an emergency). You may contact us to end the Contract for the Services if we suspend it, or notify you we are going to suspend it, in each case for a period of more than 60 days from the Estimated Delivery Date and we will refund any monies you have paid in advance for the Services which have not been provided.
- 12 Cancellation by you
- 12.1 Once you enter into Contract you will normally not be able to cancel the contract, except where we agree (or as otherwise provided for in this Contract).
- 12.2 If we agree to cancel then you will be responsible for the cost of:
- 12.2.1 our time in performing the Services up to the date we stop providing the Services; and
- 12.2.2 any Materials we are contractually committed to buying up to the date of termination (whether or not we need to pay for them before or after the date the Contract is cancelled). Any Materials we have purchased (but not used in performing the Services) will be delivered to you.
- 12.3 In the circumstances stated in clause 12.2 we will first deduct the amounts for which you are responsible from any deposit paid (if any). Any remaining deposit will be returned to you. If the amount owing is greater than the deposit we will return invoice you for the amount in excess of the deposit.
- 12.4 If you:
- 12.4.1 cancel the Contract; or
- 12.4.2 give notice to cancel the Contract; or
- 12.4.3 12.4.3 otherwise do not fulfil your obligations (such as by not paying any sums due to be paid to us) in a way which amounts to you cancelling the Contract,
we do not have to accept your cancellation except as provided under these Terms or as otherwise provided for in this Contract. However, we may choose to accept cancellation in any event, and if we choose to do so you will be required to pay to us a reasonable amount for the losses and costs we have suffered. If you have paid a deposit, this will be retained and if our reasonable losses and costs are greater than the deposit we have retained we will require you to pay for our losses and costs in excess of the deposit retained.
- 13 Defective Services
- 13.1 If you have any questions or complaints about the Services provided please contact us in accordance with clause 17.
- 13.2 We agree to fully investigate any alleged defect notified to us by you provided we have received full payment of all sums due and payable to us by you.
- 13.3 If we deem that the Services provided are defective we will (subject to your agreement in writing):
- 13.3.1 provide you with a full or partial refund; or
- 13.3.2 replace the item(s) and/or installation(s) which were subject to the Services provided; or
- 13.3.3 repair the item(s) and/or installation(s) which were subject to the Services provided.
- 14 Limitation of liability
- 14.1 Subject to clause 14.3 below, if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time Contract was entered into.
- 14.2 Our total liability to you in respect of all losses arising under or in connection with these Terms or the Contract shall not exceed the total amount paid by you under the Contract.
- 14.3 We will not be responsible for:
- 14.3.1 any imperfections of a minor or insignificant nature;
- 14.3.2 any defect arising from your actions following completion of the Services;
- 14.3.3 any defects arising from your failure to follow our oral or written instructions as to the use or maintenance of the item(s) and/or installation(s) which are subject to the Services provided;
- 14.3.4 any defect arising from any alterations or repairs (or attempts to alter or repair) made by you or by someone else at your request;
- 14.3.5 any defect arising as a result of fair wear and tear or wilful damage caused by you;
- 14.3.6 any events which we could not have foreseen even if we had taken all reasonable care or performed the Services with all reasonable care; or
- 14.3.7 any loss of profit (whether direct or indirect), loss or harm to goodwill or reputation or any indirect or consequential loss arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.
- 14.4 We do not exclude or limit in any way our liability for:
- 14.4.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
- 14.4.2 fraud or fraudulent misrepresentation; and
- 14.4.3 which we cannot exclude or limit our liability under applicable laws.
- 15 Variation and amendments to these Terms
- 15.1 We reserve the right to revise and amend these Terms from time to time. You will be subject to the Terms in force at the date of the Quotation.
- 15.2 Except as set out in these Terms, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by us.
- 16 Sub-contracting
We may sub-contract or delegate some or all of the performance of the Services but we will still continue to be responsible for the performance of the Services and our obligations under the Contract.
- 17 Contacting each other
- 17.1 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by hand or by pre-paid post to Jeffries Property Maintenance, 112-114 London Road, Portsmouth, Hampshire, PO2 0LZ, or by email to [email protected]. We will confirm receipt of this by contacting you in writing.
- 17.2 If you wish to contact us by telephone, our contact number is 02392 344024.
- 17.3 If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address or email address you provide to us in the Quotation.
- 18 Waiver
If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
- 19 Severance
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
- 20 Contracts (Rights of Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this Contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
- 21 Law and JurisdictionThis Contract shall be governed and construed by English Law and you and we agree to submit to the exclusive jurisdiction of the courts of England and Wales.