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Standard Terms of Business

Definitions:

Contract Payment Schedule” - defines the Stage payments that the Client makes to the Contractor.

Stage Payments” - a sum due to the Contractor when an event occurs in the schedule of Works. The number of Stage Payments are defined by the Contractor

Practical Completion” - Contract is completed as per Clause (5) or no outstanding defects except for minor items or snagging and the completed works can be used (utilised).

Rectification Period” - period of 2 weeks after Practical Completion handover to the Client. This Rectification Period is when ‘snagging’ or post completion defects will be identified by the Client. The Client agrees all ‘snagging’ items are reported no later than the end of the Rectification Period and no further minor items will be considered after this period. Items to be agreed as a checklist between Client & Contractor.

PC Sum” - Provisional Cost Sum is an estimate only and will be subject to material & labour variations to complete the task or by variations in Client choices. Where an adjustment to a PC Sum is identified post completion of the PC Sum task, either the Client will receive a credit against the Completion Retainer or an additional charge.

Variation Orders” - a notice of change of works or materials.​

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Standard Terms

  1. These standard Terms of Business form the terms of service between South Hams Handyman (here after known as "The Contractor”) and any client accepting the contractor to carry out agreed works (here after known as "The Client”), either also being known as "The Party”.

  2. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.

  3. The Client is of the opinion that the Contractor has Public Liability Insurance of adequate provision for the works being undertaken.

  4. The Contractor is agreeable to providing such services to the Client on the terms set out in these 'Standard Terms of Business' and any other documentation  provided by the contractor to the client, such as quotations and payment schedules.

  5. The Client agrees to engage the Contractor to provide the Client with “Services” (also known as “Work” and being interchangeable) as detailed in a provided fixed-price quotation. Where a fixed-price quotation has not bee agreed, the client agrees to engage the contractor on an hourly fee, determined by the contractor, plus materials.

  6. The Services will include any other tasks, quotes or variation orders that the Parties may agree on. The Contractor agrees to provide such Services to the Client.

  7. Stage Payments and Contract Completion Payments are to be paid within seven days of invoice date.

  8. Variation Orders, Additional Works & Materials and PC Sums to be paid within three days of invoice date.

  9. Overdue payments will be liable to an administration charge and interest at 3% above bank base rate. The Contractor reserves the right to suspend works until overdue payments are cleared to the Contractors bank account.

  10. These Standard Terms of Business shall begin on the date of the Client signing a Contract Payment Schedule or on the date the Client agrees to a fixed-price quotation or hourly rated pay issued by the  Contractor and will remain in force and effect until the completion of Services, subject to earlier termination as provided below. The Term of this Contract may be extended with the acceptance of additional variation orders and Contract Payment Schedules duly signed by the Client, or by the agreement of further works.

  11. In the event that either the Client or the Contractor wishes to terminate this Contract prior to the completion of Services, either will be required to provide 20 Working Days (MON-FRI) written notice.

  12. Upon the expiry or termination of this Contract, the Contractor will be entitled to recovery from the place where the Services were carried out, of any materials or equipment which is the property of the contractor or, where agreed between the Client and the Contractor, to compensation as set by the Contractor, in lieu of recovery.

  13. Goods and materials remain the property of the Contractor until full and final payment has been received.

  14. The Client will not be liable to any refund of charges if he/she cancels the contract, either prior to or after works starting.

  15. The Contractor will carry out the works with reasonable skill, care and diligence pursuant to all applicable industry practice. Clients engage in aspects of complimentary work at their own risk.

  16. These Standard Terms of Business are deemed accepted in their entirety by the Client, on receipt of a Client signed Contract Payment Schedule. In the absence of a Client signed Contract Payment Schedule, These Standard Terms of Business are deemed accepted in their entirety by the Client, on start of works onsite.

  17. On receipt of a Client signed Contract Payment Schedule and being accepted by the Contractor, it will secure works to be scheduled to the next available slot that is mutually convenient, or as defined in the payment schedule.

  18. Notices, requests, demands or other communications required or permitted by these Standard Terms of Business terms shall be given in writing or email if requested by either party.

  19. In the event that any of the provisions of these Standard Terms of Business are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts served by the remainder of any outstanding contract of work or term of service.

  20. The waiver by either party of a breach, default, delay or omission of any of the provisions of these Standard Terms of Business by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions.

  21. These Standard Terms of Business will be governed by and construed in accordance with the laws of England.

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