Terms of Business
1 Parties, Definitions and Interpretation
1.1 In these terms and conditions (which are referred to in this document as “these terms”) the following definitions apply:
“Customer” means the customer for whom the Works are to be carried out by a Blue handyman.
“Contract” means the agreement with the Customer to carry out the Works of which these terms form a part and any subsequent written contract (where these terms are a schedule to a signed agreement relating to the Works (“the Agreement”)).
“Works” means the works described in Blue’s estimate or quotation and/or as referred to in Blue’s Work Detail Sheet or any other document or email issued by Blue, as may be varied by agreement in writing between the parties.
1.2 Who we are
1.2.1 Blue is a community of retired police service individuals now working as self-employed handymen under the Blue brand.
1.2.2 The Contract is between the Customer and the handyman that is engaged to carry out the Works. The identity of the handyman will be confirmed in writing on the estimate provided.
1.2.3 Blue (H&C) Ltd is an agent and administrator which manages the Blue brand and provides an administrative function for handymen operating under the brand.
1.2.4 The obligations on the part of the Customer contained in these conditions are owed to both the handyman that is party to the Contract and Blue (H&C) Ltd as their agent.
1.2.5 The obligations on the part of Blue to the Customer contained in these conditions are made by the individual handyman party to the Contact and not by Blue (H&C) Ltd.
1.3 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.
1.4 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.
2.1 The Customer will be treated as an Account Customer or Non-Account Customer, according to Blue’s reasonable discretion.
2.2 All estimates and quotations given by Blue, 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 Blue and the Customer, except where these terms are a schedule to a signed Agreement between the Customer and Blue, in which event these terms apply only to the extent not inconsistent with that Agreement.
2.3 The Customer acknowledges that Blue has not made any representations (other than any expressly stated in the Contract and/or in Blue’s estimate or Quotation), which have induced it to enter into the Contract, and the Contract shall constitute the entire understanding between the Customer and Blue 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 Blue 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 which may be given either verbally or in writing by Blue is subject to withdrawal by Blue 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 Blue in the relevant 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 Blue. Blue’s final price will be calculated on the basis specified in the estimate, if any, or if none, in accordance with Blue’s Schedule of Rates applicable at the time the Works are carried out and may be increased above (but not reduced below) the specified price. Furthermore, Blue reserves the right to increase the price before carrying out the Works by an amount equivalent to any increase to Blue in the cost of relevant materials, labour, equipment hire or transport since the date upon which Blue’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 materials are ordered or any relevant equipment is hired.
3.3 Blue reserves the right to charge a fee for the collection of materials from its suppliers except with respect to work for which there is an estimate. If the collection occurs whilst Blue is on site, the time taken will be treated as an addition to the job and charged at the relevant rate.
3a.1 Unless otherwise specified by Blue where the Customer is provided with a fixed price quotation by Blue 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.
3a.2 Before the commencement of work Blue reserves the right to require the Customer to pay an initial payment of 35% (or such greater sum if so required) against the full amount of the quote on all quoted Works above £1,000.00.
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 relevant invoice or receipt or where no price is stated our current standard price for the services provided. The charge shall consist of the cost of materials supplied by the Company and the amount of time spent in undertaking the Works (including reasonable time spent obtaining unstocked parts and materials as stated in 3.3 above) charged in accordance with the Company’s current schedule of rates.
5.2 Unless otherwise stated, the price and all estimates and quotations provided by Blue are shown inclusive of Value Added Tax at the prevailing rate.
6.1 Non-Account Customers: Payment by the Customer is due immediately upon completion of the Works. Payment must be made on such completion. Payment can be made by cash, bank transfer, cheque or by card over the phone.
6.2 Account Customers: Blue 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 Snagging: Where the Works have been priced by way of a fixed price Quotation and have been completed subject to snagging, 95% of all amounts outstanding must be paid on such completion and the Customer must provide access to Blue without delay to enable the snagging to be finalised. The balance of 5% will become payable upon the finalization of the snagging or, if access has not been made available to carry out the snagging within 14 days of completion, at the expiry of such 14 day period.
6.4 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 Blue has agreed otherwise in writing.
6.5 Blue shall be entitled to interest on a daily basis and reserve the right to charge such interest 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.
6.6 Where appropriate Blue 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. Blue 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 materials. 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 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.
9.1. The Customer shall indemnify Blue against all actions, suits, claims, demands, losses, charges, costs and expenses which Blue 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 Blue’s entire liability in respect of the Works and Blue’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:
Blue’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 Blue’s duties; and
11.3 the reasonable costs of repair or reinstatement of any loss or damage to the Customer’s property if such loss or damage results from Blue’s negligence or that of its employees, agents, franchisees, or sub-contractors and the Customer incurs such costs.
11.4 Blue (H&C) Limited shall have no liability whatsoever to the Customer to the extent that such liability can be excluded.
12.1 The Customer shall provide clear access to enable Blue to undertake the Works and will make all necessary arrangements with the proper persons or authorities for any traffic controls and signals or other permits or permissions required in connection with the carrying out of the Works. The Customer will at all times provide a safe working environment for Blue and its employees, agents, franchisees and sub-contractors for the purposes of carrying out the works. Where applicable to drainage works, the Customer will provide, if possible a plan showing drain layouts. If this is not available, Blue reserves the right to render additional charges at the relevant applicable rate in accordance with paragraph 3.2 above if blockages occur in drains not covered by the specifications or if it is necessary to trace unidentified drains to complete the Works. The Customer must obtain any permission for Blue to proceed over property belonging to third parties. The Customer shall indemnify Blue against all claims of whatsoever nature made by third parties arising out of the presence of Blue its employees, agents, franchisees or sub-contractors on the Customer’s property save where such claim results directly from negligence on Blue’s part. The Customers shall be liable to Blue for all loss or damage whether direct, indirect or consequential which is suffered by Blue as a result of failure or delay by the Customer in performing the obligations referred to above.
13.1 Subject to paragraph 8 above and the exclusions listed below, Blue undertakes to repair or make good any defect in completed work which appears within six months of completion of the same to the extent that such defect arises from a breach of Blue’s obligations under the Contract and provided that details of the defect are notified by the Customer to Blue in writing with such period that Blue and its insurers are given the opportunity of inspecting the work and the alleged defect. This undertaking shall only apply to work carried out and completed and invoiced by Blue and which is paid for by the Customer by the due date for payment ascertained in accordance with paragraph 6 above. If Blue 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 Blue, Blue 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 Blue or where payment has not been made in full for such work. Exclusions are: – Parts and materials will be provided only with the benefit of the manufacturer’s / supplier’s guarantee and are not guaranteed by Blue – Systems or structures not installed by Blue -Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to Blue 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 Blue) – Structural defects encompassing but not limited to subsidence and its resultant effect -Damage to drainage systems caused by root penetration or any other outside force – Any roofing work where Blue advises that the overall condition of the roof is poor and is in need of more extensive work and the work undertaken involves less than 20% of the area of the roof – Any work to repair an existing lock, or to fit any lock not supplied by Blue.
13.2 In circumstances where Blue is unable to offer a guarantee Blue will notify the Customer before any work is carried out.
14 Force Majeure
14.1 Blue 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 Blue’s 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 and a clean water supply for Blue’s use in the execution of the contracted works – The safety of both plant and machinery belonging to or hired in by Blue or its employees, agents, franchisees and sub-contractors and shall indemnify Blue against it’s loss, theft or damage.
15.2 The Customer must let Blue know of any dangerous gases, liquids or other materials or of anything which the Customer believes may present a hazard or danger to any person who is due to carry out the Works before such work is started.
15.3 The Customer must provide Blue with all necessary details in respect of any relevant requirements specified by the Factory Inspectors or similar regulatory authorities.
16 Cancellations – Non Account Customers (Consumers)
16. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
16.1 Before Blue begin to provide the Work, you have the following rights to cancel an order for Work, including where you choose to cancel because Blue are affected by an event referred to in clause 14. or under clause 3.2:
(a) You may cancel this contract within 14 calendar days of placing an order by contacting us. We will confirm your cancellation in writing to you. You may use the notification of cancellation below.
(b) However, if you cancel this contract under clause 16.1(a) and Blue have already started Work by that time, you will pay Blue any costs reasonably incurred in starting to fulfil this contract, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. Blue will tell you what these costs are when you contact Blue. However, where you have cancelled an order because of our failure to comply with these Terms (except where Blue have been affected by an Event Force Majeure), you do not have to make any payment to Blue.
16.2 Once Blue have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Blue written notice if:
(a) Blue break this contract in any material way and Blue do not correct or fix the situation within 7 days of you asking us to in writing;
(b) Blue (H&C) Limited go into liquidation or a receiver or an administrator is appointed over its assets;
(c) Blue change these Terms to your material disadvantage;
(d) Blue is affected by an event of Force Majeure as set out in clause 14.
16.3 If the Customer wishes to cancel an appointment or Blue is unable to gain access to the Customer’s premises to carry out the Works the Customer will be liable to pay a minimum amount equivalent to the call-out charge and the charge due for the initial period of work time. This shall apply irrespective of the Works having been booked by the Customer or by someone acting on the Customers behalf e.g. tenant.
Cancellation – Account Customers
16.1A If the Customer cancels the contract without Blue’s consent other than pursuant to paragraph 3.2 above, the Customer shall indemnify Blue 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 Blue’s right to payment in accordance with paragraph 6 above.
16.2B If the Customer wishes to cancel an appointment or Blue is unable to gain access to the Customers premises to carry out the Works the Customer will be liable to pay a minimum amount equivalent to the call-out charge and the charge due for the initial period of work time. This shall apply irrespective of the Works having been booked by the Customer or by someone acting on the Customers behalf e.g. tenant.
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 Frozen Pipes
18.1 Blue will not be liable for any fracture found in frozen pipes attended by Blue. Blue will not guarantee to clear blockages occurring in a frozen pipe or drain
19 Waiver, Variation etc
19.1 No waiver by Blue 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 Blue unless sanctioned in writing by Blue. No forbearance or delay on Blue’s part shall prejudice Blue’s rights and remedies under this contract.
20.1 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. These Terms and Conditions shall be governed and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Courts.