Drain unblocking terms and conditions.

Transcription

1 Drain unblocking terms and conditions The Customer ( you ) can place an order with Happy Drains Limited, Unit 12 Manor Hall Road Chalex Industrial Estate, Southwick, Brighton, BN42 4NH registered as a limited company in England and Wales at 100 Church Street, Brighton, East Sussex, BN1 1UJ under company number: ( we ) or ( us ) to unblock your drains at such premises as you notify to us ( the Premises ). The order will be accepted when you have confirmed to us either in writing by to Service@Happydrains.co.uk or verbally on the telephone that you accept our fee quote for the work. Acceptance will constitute a binding agreement between you and us subject to these terms and conditions ( Agreement ). This fee quote will be given by us on the assumption that your drain will be unblocked within one hour of arrival at the Premises. If it is not possible to unblock your drain within one hour of arrival at the Premises then you will be notified either by us by telephone or by our approved contractor attending the Premises of the increased cost. In the event that you do not wish to pay the increased cost you will be liable to pay the amount of the original fee quote even if your drain is not unblocked. Our invoice is due for payment immediately on issue to you. We will be entitled to charge 3% over the base rate of Lloyds Bank plc from time to time in the event that the invoice is not paid within 14 days of issue and such interest shall be payable from the date that our invoice is issued to you. Our obligation will be to attend the Premises within a reasonable time. However we do not accept liability for non attendance or late attendance at the Premises. In the event that we have not attended the Premises within [24] hours you shall be entitled to terminate the Agreement either by to Service@Happydrains.co.uk or verbally by telephone. Any such termination shall release you and us from any liability in respect of this Agreement. We warrant that we will carry out our obligations under this Agreement using reasonable care and skill. Our liability under this Agreement (other than for death or personal injury caused by our negligence) shall not exceed the payments made by you under this Agreement. In no circumstances will we be liable to you whether in contract, tort (including negligence) breach of statutory duty, or otherwise for any loss of profit, or any indirect or consequential loss arising under or in connection with this Agreement. Except as provided in these terms and conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement. We will be entitled to sub-contract our obligations under this Agreement. Where we reasonably believe that your drains have become blocked for any reason other than a one-off event we will conduct a CCTV survey of your drains and produce a quotation ( Quotation ) setting out the details of any repair works required and the cost of carrying out such work. You are under no obligation to accept the Quotation. If you wish us to investigate whether you are entitled to make an insurance claim in respect of the works and amount set out in the Quotation and you wish us to act as your claim handler in respect of such claim, then we would ask you to sign a letter of authority and mandate authorising us to handle the claim on your behalf. In so doing, you agree that we may charge your insurance

2 company for the cost of carrying out the survey (provided however that you will in no circumstances be liable for such costs unless you have received them from your insurer) and agree to our terms and conditions relating to our claims handling service are set out separately on our website. Drain survey terms and conditions The Customer ( you ) can place an order with Happy Drains Limited, Unit 12 Manor Hall Road Chalex Industrial Estate, Southwick, Brighton, BN42 4NH registered as a limited company in England and Wales at 100 Church Street, Brighton, East Sussex, BN1 1UJ under company number: ( we ) or ( us ) to unblock your drains at such premises as you notify to us ( the Premises ). The order will be accepted when you have confirmed to us either in writing by to Service@Happydrains.co.uk or verbally on the telephone that you accept our fee quote for the work. Acceptance will constitute a binding agreement between you and us subject to these terms and conditions ( Agreement ). Our invoice is due for payment immediately on issue to you. We will be entitled to charge 3% over the base rate of Lloyds Bank plc from time to time in the event that the invoice is not paid within 14 days of issue and such interest shall be payable from the date that our invoice is issued to you. Our obligation will be to carry out the Survey and deliver a survey report to you ( Survey Report ) within the time estimate given in our fee quote. However we do not accept liability if we do not deliver a Survey Report to you within this time. In the event that we have not delivered a Survey Report to you within [7] days of the time estimate given in our fee quote you shall be entitled to terminate the Agreement either by to Service@Happydrains.co.uk or verbally by telephone. Any such termination shall release you and us from any liability in respect of this Agreement. We warrant that we will carry out our obligations under this Agreement using reasonable care and skill. Our liability under this Agreement (other than for death or personal injury caused by our negligence) shall not exceed the payments made by you under this Agreement. In no circumstances will we be liable to you whether in contract, tort (including negligence) breach of statutory duty, or otherwise for any loss of profit, or any indirect or consequential loss arising under or in connection with this Agreement. Except as provided in these terms and conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement. We will be entitled to sub-contract our obligations under this Agreement. We will incorporate within the Survey Report a quotation ( Quotation ) setting out the details of any repair works required and the cost of carrying out such work. You are under no obligation to accept the Quotation. If you wish us to investigate whether you are entitled to make an insurance claim in respect of the works and amount set out in the Quotation and you wish us to act as your claim handler in respect of such claim, then we would ask you to sign a letter of authority and mandate authorising us to handle the claim on your behalf. In so doing, you agree that we may charge your insurance company for the cost of carrying out the survey (provided however that you will in no circumstances be liable for such costs unless you have received them from your insurer) and agree to our terms and conditions which relate to our claims handling service are set out separately on our website.

3 Claim handling terms and conditions 1. Definitions Agreement means the agreement between Happy Drains and the Customer for the provision of services by Happy Drains comprising the Letter of Authority, the Mandate and these terms and conditions. Business Day a day other than a Saturday, Sunday or public holiday) when banks on London are open for business. Claim means the Customer s claim against the Insurance Company. Customer means the person who signs the Letters of Authority and the Mandate. Happy Drains (or us or we ) means Happy Drains The Customer ( you ) can place an order with Happy Drains Limited, Unit 12 Manor Hall Road Chalex Industrial Estate, Southwick, Brighton, BN42 4NH registered as a limited company in England and Wales at 100 Church Street, Brighton, East Sussex, BN1 1UJ under company number: ( we ) or ( us ) to unblock your drains at such premises as you notify to us ( the Premises ). Drain Unblocking Terms and Conditions means Happy Drains s unblocking terms and conditions referred to on our website Insurance Company means the insurance company which has or may have provided insurance to the Customer in respect of the repair of the Customer s drains. Insurance Payment means any payment by the Insurance Company in respect of the Claim. Mandate means the Company s FSA mandate pursuant to which the Customer confirms the appointment of Happy Drains to handle the Claim on his behalf. Letter of Authority means Happy Drains s letter of authority pursuant to which the Customer authorises Happy Drains to handle the Claim on his behalf. Quotation means the quotation produced by the Company for the Customer in respect of the Works and referred to in the Drain Unblocking Terms and Conditions. Services means the services to be provided by the Customer under the Agreement as further described in Clause 3. Survey means the survey produced by the Company for the Customer attached to the Quotation. Works means the repair works set out in the Quotation. 2. Agreement Our offer to provide the Services on these terms and conditions will be made when you are presented with the Letter of Authority, the Mandate and the Survey and will be accepted by us subject to these terms and conditions upon our receipt of the Letter of Authority and the Mandate signed by you.

4 3. Services 3.1. We will use our reasonable endeavours to establish with the Insurance Company whether you have a valid Claim in respect of the Works We will use our reasonable endeavours to recover the maximum amount from the Insurance Company in respect of the Claim. Without limitation thereto we will submit the Claim and the Quotation to the Insurance Company, seek approval from the Insurance Company to our carrying out the Works and seek payment from the Insurance Company in respect of the Works Where the Insurance Company refuses to accept liability in respect of the Claim we will notify you. In such event the provisions of the second sentence of Clause 5.1 shall apply and save as therein provided our obligations under this Agreement shall terminate. We will however discuss with you whether you want us to proceed with the Works. If you do then the payment provisions of Clause shall apply Where the Insurance Company accepts liability in respect of part of the Claim we will notify you. Where we have been appointed as contractor to carry out the Works we will discuss with you whether you want us to proceed with the Works. If you do then the payment provisions of Clause shall apply Where we are appointed by or on behalf of the Insurance Company to carry out the Works we will carry out the Works as soon as reasonably possible after appointment by the Insurance Company. We will use all reasonable endeavours to meet any performance dates given to you in respect of the Services, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services Where a third party is appointed by or on behalf of the Insurance Company to carry out the Works we will notify you. In such event it will be your responsibility to liaise with the Insurance Company and the Insurance Company s nominated contractor both in respect of payment of the Insurance Payment and the carrying out of the Works. In such event the provisions of the second sentence of Clause 5.1 shall apply and save as therein provided our obligations under this Agreement shall terminate. 4. Your obligations 4.1. You will provide us with all the information and assistance that we may reasonably require in connection with our carrying out the Services You will promptly provide us with any information which you receive (whether from the Insurance Company or otherwise) which relates to the Claim. 5. Payment 5.1. Under the terms of the Letter of Authority you assign to us the right to receive the Insurance Payment and any costs incurred to date. In the event that the circumstances set out in Clause 3.3 or Clause 3.6 applies then we will re-assign to you the right to receive the Insurance Payment We hereby confirm that you will not be liable to make any payment to us in respect of our carrying out the Services other than: where you have received the Insurance Payment (or any part thereof) from or on behalf of the Insurance Company;

5 where you have received payment of any sum assigned to us under the Letter of Authority (or any part thereof) from or on behalf of the Insurance Company; any excess payable by you in respect of the Claim; (in the event that the circumstances referred to in Clause 3.3 apply) payment for the Works on the payment dates notified to you when we confirm that we will undertake the Works; and (in the event that the circumstances referred to in Clause 3.4 apply) payment for that part of the Works not paid for by the Insurance Company, on the payment dates notified to you when we confirm that we will undertake such part of the Works (in the event that the circumstances referred to in Clause 3.6 apply) payment of all costs incurred up to the date of appointment of the party contractor (including without limitation any unpaid unblocking charge, any other unpaid charges relating to remodelling the damage caused by your blocked drain, CCTV survey costs and administration charges) Payment of our invoices will be payable on issue of the invoice to you. We will be entitled to charge 3% over the base rate of Lloyds Bank plc from time to time in the event that the invoice is not paid within 14 days of issue and such interest shall be payable from the date that our invoice is issued to you. 6. Warrants/Liability 6.1. We warrant that we will carry out our obligations under this Agreement using reasonable care and skill As it may not be possible for a CCTV camera to access all areas of your drains we cannot warrant that the list of all repairs set out in the Quotation constitutes all the repairs that may be necessary to repair all areas of your drain Where the Works are carried out by a third party contractor we do not accept any liability for such third party s work or use of the Survey Where specified in the Quotation we provide a guarantee in respect of some parts of the Work Our liability under this Agreement (other than for death or personal injury caused by our negligence will not exceed the amount of the Insurance Claim. In no circumstances will we be liable to you whether in contract, tort (including negligence) breach of statutory duty, or otherwise for any loss of profit, or any indirect or consequential loss arising under or in connection with this Agreement Except as set out in these terms and conditions, all warranties, conditions and other terms implored by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement 7. General 7.1. Assignment and subcontracting:

6 we may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Agreement and may subcontract or delegate in any manner any or all of its obligations under the Agreement to any third party or agent you shall not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Agreement Notices: Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business, or sent by fax to the other party's main fax number, or sent by to the contact address provided on the other party s website Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed, or in the case of a fax or transmission sent before 4.00 pm, at the time of the fax transmission or at time the was sent To prove delivery, it is sufficient to prove that, if sent by pre-paid first-class post, the envelope containing the notice or other communication was properly addressed and posted or, if sent by fax, upon receipt of a fax transmission report confirming that all pages of the notice or other communication were transmitted by fax to the fax number of the party or, if sent by , upon receipt of a report confirming delivery This clause 7.2 shall not apply to the service of any proceedings or other documents in any legal action Waiver: A waiver of any right under the Agreement is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy Unless specifically provided otherwise, rights arising under the Agreement are cumulative and do not exclude rights provided by law Severance: If a court or any other competent authority finds that any provision of the Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Agreement shall not be affected.

7 If any invalid, unenforceable or illegal provision of the Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable No partnership: Nothing in the Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way Third parties: A person who is not a party to the Agreement shall not have any rights under or in connection with it Variation: Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Agreement, shall only be binding when agreed in writing and signed by us Governing law and jurisdiction: This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.