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http://nygoodhealth.com

Terms of Business

1. Who we are:
1.1 We are TIB Services Limited (‘TIB’) a company registered in England and Wales. Our company registration number is 08616175 and our registered office is at Unit 112 Battersea Business Centre, 99-109 Lavender Hill, London, England, SW11 5QL. Our registered VAT number is 172598474 .
1.2 TIB is a community of retired police and military service individuals now working as self-employed sub-contractors under the TIB brands.
1.3 The Contract is between the Customer and TIB and our sub-contractors are authorised to enter into the Contract as an agent of and on behalf of TIB
1.4 The obligations on the part of the Customer contained in these conditions are owed to TIB and not to our sub-contractor who, on behalf of TIB will provide the Customer with a quote or estimate and carry out the Works.
1.5 The obligations on the part of TIB to the Customer are made by TIB and not the individual sub-contractors.
1.6 Unless otherwise provided for in these terms and conditions any obligations of or to TIB are capable of being satisfied by our duly authorised sub-contractors.

2. General
2.1 All estimates and quotations given by TIB, all orders and instructions given by the Customer, and all work authorisations, are governed by these terms. These terms supersede 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 TIB and the Customer, except where these terms are a schedule to a signed Agreement between the Customer and TIB, in which event these terms apply only to the extent not inconsistent with that Agreement.
2.2 The estimate/quotation constitutes an offer by TIB to provide services for the Works in accordance with these terms.
2.3 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. Price and variation to the price
3.1 Unless otherwise specified by TIB any estimate or fixed price quotation which may be given either verbally or in writing on behalf of TIB is subject to withdrawal by or on behalf of TIB 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 the date it is provided unless a longer time is specified on the face of the estimate/quotation.
3.2 Unless otherwise specified by TIB in the relevant estimate, an estimate is not a fixed price quotation.
3.3 TIB reserves the right to increase the price before carrying out the Works by an amount equivalent to any increase to TIB in the cost of relevant materials, labour, equipment hire or transport since the date upon which TIB’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.
3.4 TIB 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 TIB is on site, the time taken will be treated as an addition to the job and charged at the relevant rate.
3.5 Before the commencement of work TIB 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/estimate on all quoted/estimated Works above £1,000.00.

4. The Price
4.1 The price payable by the Customer is calculated as specified in clause 3 above and shall be stated on the relevant invoice or receipt. Where no price is stated the price payable shall be our current standard price for the services provided as has been communicated to the Customer. The charge shall consist of the cost of materials supplied by TIB and the amount of time spent in undertaking the Works (including reasonable time spent obtaining parts and materials as stated in clause 3.4 above) charged in accordance with the Company’s current schedule of rates.
4.2 Unless otherwise stated, the price and all estimates and quotations provided by TIB are shown inclusive of Value Added Tax at the prevailing rate.

5. Payment
5.1 TIB will seek to submit invoices to Account Customers within 5 days of completion of the Works. Payment must be made by the Account Customer within 30 days after the date of issue of the invoice.
5.2 Payment by a Non Account Customer is due immediately upon completion of the Works. Payment can be made by bank transfer or by card over the phone.
5.3 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 hereby agrees to be responsible for payment unless TIB has agreed otherwise in writing.
5.4 If you are an Account Customer you must pay all amounts due to TIB under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
5.5 TIB shall be entitled to interest on a daily basis and reserve the right to charge such interest on any amount not paid by 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.
5.6 Where appropriate TIB shall not be required to issue or deliver any certificates, guarantees or other similar documents regarding the Works until payment in full has been received in clear funds by TIB.

6. Commencement and Completion Dates
6.1 Dates specified for the commencement and completion of the Works are estimates only. TIB 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.

7. Inspection of the Works
7.1 The Customer shall inspect the Works as far as it is reasonably possible to do so immediately following completion of the Works (and no later than 14 days following completion) 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 to TIB. In the absence of any such notice, the Works shall be conclusively deemed to be complete and free from any defect, which would be apparent on reasonable examination.

8. Indemnity
8.1 The Customer shall indemnify TIB against all actions, suits, claims, demands, losses, charges, costs and expenses which TIB 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.

9. Whole Agreement and Exclusion of Liability
9.1 The Customer acknowledges that TIB has not made any representations (other than any expressly stated in the Contract and/or in TIB’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 TIB for the performance of the Works.
9.2 These terms set out TIB’s entire liability in respect of the Works and TIB’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.
9.3 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 or have any contractual force.

10. Limitation of Liability:
10.1 TIB’s liability shall be limited to:
10.1.1 the repair or making good of any defect pursuant to its undertaking in clause 12 below and subject always to clause 7 above;
10.1.2 liability for death or personal injury resulting from negligence in the course of carrying out TIB’s duties;
10.1.3 fraud and fraudulent misrepresentation: and
10.1.4 the reasonable costs of repair or reinstatement of any loss or damage to the Customer’s property if such loss or damage results from TIB’s negligence or that of its employees, agents, franchisees, or sub-contractors and the Customer incurs such costs. For the avoidance of doubt TIB are not responsible for the cost of repairing any pre-existing faults or damage to the Customer’s property that TIB discovers while providing the Works.
10.2 Other than as set out in this clause 10 TIB shall have no liability whatsoever to the Customer to the extent that such liability can be lawfully excluded.

11. Access
11.1 The Customer shall provide clear access to enable TIB 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.
11.2 The Customer will at all times provide a safe working environment for TIB and its employees, agents, franchisees and sub-contractors for the purposes of carrying out the works.
11.3 Where applicable to drainage works, the Customer will provide, if possible a plan showing drain layouts. If this is not available, TIB reserves the right to render additional charges at the relevant applicable rate in accordance with clause 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.
11.4 The Customer must obtain any permission for TIB to proceed over property belonging to third parties.
11.5 The Customer shall indemnify TIB against all claims of whatsoever nature made by third parties arising out of the presence of TIB its employees, agents, franchisees or sub-contractors on the Customer’s property save where such claim results directly from negligence on TIB’s part. The Customers shall be liable to TIB for all loss or damage whether direct, indirect or consequential which is suffered by TIB as a result of failure or delay by the Customer in performing the obligations referred to above.

12. Defects
12.1 Subject to clause 7 above and the exclusions listed below, TIB undertakes to repair or make good any defect in completed work which appears within six months of completion of the Works to the extent that such defect arises from a breach of TIB’s obligations under the Contract and provided that details of the defect are notified by the Customer to TIB in writing within 3 months following appearance of the defect. This undertaking shall only apply to work carried out and completed and invoiced by TIB and which is paid for by the Customer by the due date for payment.
12.2 If TIB returns to the site at the Customers request to review a claim under this undertaking and either
12.2.1 the defect has not arisen as a result of a breach on the part of TIB, or
12.2.2 the Customer cannot evidence that the work was originally carried out and completed by TIB or where payment has not been made in full for such work TIB reserves the right not to carry out any work under this clause 12.
12.3 Exclusions referred to at clause 12.1 are: – Parts and materials will be provided only with the benefit of the manufacturer’s / supplier’s guarantee and are not guaranteed by TIB – Systems or structures not installed by TIB -Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to TIB 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 TIB) – 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 TIB 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 TIB.
12.4 In circumstances where TIB is unable to offer a guarantee TIB will notify the Customer before any work is carried out.

13. Force Majeure
13.1 TIB will use all reasonable endeavours to carry out the Works on or by 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 or by agreed dates or at all, by reason of strike, lock out, industrial dispute, Act of God or any other event or occurrence beyond TIB’s control.

14. Customer’s Liability
14.1 The Customer shall be liable for and shall indemnify TIB in respect of:
14.1.1 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;
14.1.2 providing all necessary power and a clean water supply for TIB’s use in the execution of the contracted works
14.1.3 the safety of both plant and machinery belonging to or hired in by TIB or its employees, agents, franchisees and sub-contractors and shall indemnify TIB against its loss, theft or damage.
14.2 The Customer must let TIB 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.
14.3 The Customer must provide TIB with all necessary details in respect of any relevant requirements specified by the Factory Inspectorate or similar regulatory authorities.

15. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
Cancellations – Non Account Customers
15.1 Before TIB begin to provide the Work, you have the following rights to cancel an Order for Work, including where you choose to cancel because TIB are affected by an event referred to in clause 13. or under clause 3.3:
15.1.1 Your right to cancel the Contract in accordance with clause 15.1.1 above does not apply if TIB have already completed the Works, even if the cancellation period is still running.
15.1.2 If you cancel this Contract under clause 15.1.1 and TIB have already started Work by that time, you will pay TIB any costs reasonably incurred in providing the services up until the time you tell us that you wish to cancel the 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. TIB will tell you what these costs are when you contact TIB. However, where you have cancelled an order because of our failure to comply with these terms (except where TIB have been affected by a Force Majeure), you do not have to make any payment to TIB.
15.2 Once TIB have begun to provide the services to you, you may cancel the Contract for services with immediate effect by giving TIB written notice if:
15.2.1 TIB breaches this contract in any material way and TIB do not correct or fix the situation within 7 days of you asking us to in writing;
15.2.2 TIB go into liquidation or a receiver or an administrator is appointed over its assets;
15.2.3 TIB change these terms to your material disadvantage;
15.2.4 TIB is affected by an event of Force Majeure as set out in clause 13 and as a result is unable to complete the Works within 6 weeks of any agreed date.
15.3 If the Customer wishes to cancel an appointment or TIB 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 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
15.4 If the Customer cancels the Contract without TIB’s consent other than pursuant to clause 3.3 above, the Customer shall indemnify TIB 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 TIB’s right to payment in accordance with clause 5 above.
15.5 If the Customer wishes to cancel an appointment or TIB 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.

16. Removal of Waste Materials
16.1 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.

17. Frozen Pipes
17.1 TIB will not be liable for any fracture found in frozen pipes attended by TIB. TIB will not guarantee to clear blockages occurring in a frozen pipe or drain

18. Waiver, Variation etc
18.1 No waiver by TIB 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 TIB unless sanctioned in writing by TIB. No forbearance or delay on TIB’s part shall prejudice TIB’s rights and remedies under this contract.

19. General
19.1 If any provision set out in these terms are 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 shall be governed and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Courts.

20. Parties, Definitions and Interpretation
20.1 In these terms and conditions the following definitions apply:
Account Customers: Customers who are not consumers.

Customer: the customer for whom the Works are to be carried out.

Contract: the agreement between TIB and the Customer to carry out the Works in accordance with these terms and conditions.

Non-Account Customers: Customers who are consumers.

Order: the Customer’s acceptance of TIB’s estimate or quotation.

Works: the works described in TIB’s estimate or quotation and/or as referred to in any other document or email issued by TIB, as may be varied by agreement in writing between the parties.
20.2 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.
20.3 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.

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