Agreed Terms
and Conditions

1st Call 24/7 Limited Terms and Conditions

IT IS HEREBY AGREED AS FOLLOWS

1. Interpretation
   1. Except where the context requires otherwise words importing the masculine shall include the feminine; words importing the singular shall include the plural; words importing natural personage shall be equally applicable to corporate personage and vice versa.
   2. References to any statutory provision, authority, rule or code of practice shall be deemed to include the amended versions, replacements or successors of such.
   3. Supplier refers to 1st Call 24/7 Limited.
   4. Client refers to the customer.
2. Relationship Between the Parties
   1. The Client engages the Supplier to provide the services specified in these terms and conditions and attached schedules.
   2. No term of this agreement or course of dealings between the parties shall operate to make the Supplier an employee or agent of the Client.
   3. Neither party shall assign or transfer any of their rights, liabilities or obligations arising under this agreement without the prior written consent of the other party.
3. Acceptance of Works
   1. The Supplier reserves the right to refuse or decline any work at its own discretion. Where the Supplier agrees to undertake works for the Client, this will be done so by authorised representatives of the Supplier only.
4. Call Out Fee & Charges
   1. The Supplier charges a minimum 1 hour call out fee for all appointments regardless of work carried out. This includes work quoted on an hourly rate, or fixed price work. If for any reason we are unable to carry out works during attendance, the minimum 1 hour call out fee would still be payable for our attendance, plus the cost of any additional labour time over the first hour and parts/materials, if used plus VAT.
5. The Quotation
   1. The Supplier shall provide to the Client a proposal for the services to be provided (“the Quotation”) which shall set out:
      1. The services, which the Supplier will undertake for the Client.
      2. The date or time period within which the service will be performed.
      3. The costs which the Client shall be charged for the performance of the services including:
         1. Any fees which the Supplier shall charge.
         2. Any disbursements or expenses, which the Supplier will require the Client to meet (including but not limited to the costs of materials).
         3. Any VAT or tax element which will be payable by the Client.
   2. The Quotation shall be attached to these terms and conditions as a schedule and where a contract is entered into between the Supplier and the Client, the Client will be deemed to have accepted the content of the Quotation in full.
6. The Services and the Time and Manner of their Delivery
   1. The Supplier will provide such services to the Client as are set out in the Quotation.
   2. The services will be provided to the Client within the timeframe specified in the Quotation.
   3. Time frames and dates of delivery are provided for guidance only and the Supplier makes no guarantee that the services will be performed within the specified period. For the purposes of this agreement, time shall not be of the essence and the Supplier shall not be liable for any loss or damage suffered by the Client as a result of the delivery of services being delayed or postponed for any reason.
7. Payments
   1. The contract price is set out in the Quotation, which includes details of the charges, which the Supplier will make for labour, materials and parts as well as any taxes or additional costs or expenses or disbursements, which the Supplier may charge to the Client.
   2. The intervals at which the Supplier may invoice the Client in respect of the whole or an installment of the contract price are set out in the Quotation.
   3. A deposit payment as indicated in quotation, as a percentage of the quoted price will be required on all quotations.
   4. Notwithstanding 7.1 and 7.2 above, the Supplier may vary the contract price from the amount set out in the Quotation where he has provided services, which are different or in-addition to those set out in the Quotation either at the specific request of the Client or because he has been required to complete additional work, which was not anticipated at the time the Quotation was made, or because of market fluctuations in the price of materials.
   5. The Client agrees:
      1. Not to withhold any sums due to the Supplier.
      2. To settle all invoices raised by the Supplier within 14 days.
      3. To pay to the Supplier interest at a rate of 8% per annum above the Bank of England base rate on any payments, which are not settled in accordance with section 5.3(b).
      4. To pay to the Supplier such costs and expenses incurred in recovering payment from the Client where the Client fails to make payment in accordance with these terms and conditions.
8. Cancellation
   1. In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and where the Client is a consumer withinthe meaning of section 12 of the Unfair Contract Terms Act 1977, the Client may cancel this contract within 14 calendar days of signing this agreement or on the day the notice of right to cancel is issued (or within whatever extended period the Supplier may specify in the Quotation) and shall be entitled to a full refund of any monies paid to the Supplier, less an amount representing any reasonable administration costs, or re-stocking of materials already ordered or purchased for the contract, which the Supplier has incurred. Any cancellation outside this period will not entitle the Client to a refund of any monies paid.
   2. Should the Client send their cancellation notice in writing via post, it is recommended proof of postage by a certificate of posting, or recorded delivery is obtained. We advise that all notice of rights to cancel are sent via email.
   3. Notice of cancellation is deemed to have been served as soon as it has been posted/sent.
9. Client’s Obligations
   1. The Client shall be responsible for the correctness of all measurements for products or materials, which are given to the Supplier. Where these measurements are not correct and accordingly materials or products, which are ordered or provided by the Supplier, are the wrong size, the Client shall bear the expense of rectifying this.
   2. The Client shall co-operate with the Supplier as may be necessary to facilitate this agreement, including but not limited to: –
      1. Permitting the Supplier access to the property or location in which the services are to be supplied (“the Site”) and assuring that such access is appropriate and adequate.
      2. Providing for the Supplier such facilities as may be necessary in order to allow him to complete the services.
      3. Following the Supplier’s reasonable instructions relating to safety and the state of work, which has recently been completed by the Supplier or is in the process of being completed or to the state of the Site in general, including directions and restrictions on appropriate usage, care and maintenance.
   3. Unless the Quotation specifies otherwise, the Client will be responsible for any cleaning and redecorating, which is necessary to the Site after the Supplier has completed the agreed services (with the exception of the removal of waste materials unless previously agreed otherwise, shall be the responsibility of the Supplier as set out in 7.4, below).
   4. Where the Supplier stores or keeps any materials or equipment on Site, the Client shall be responsible for the security and safety of such and shall account to the Supplier for any loss or damage.
   5. The Client shall be responsible for any permissions, licences or consents, which are necessary in order for the services to be provided. The Client warrants that they have applied for and obtained all such necessary permissions, licences or consents prior to contracting the Supplier.
10. Supplier’s Obligations
    1. The Supplier shall perform all duties, services and obligations under this contract with reasonable care and skill and to a reasonable standard. The Supplier shall comply with all relevant codes of practice and statutory or regulatory requirements.
    2. The Supplier shall take all reasonable care with the Client’s property, including taking reasonable steps to protect the Client’s furnishings and wall and floor coverings during the provision of the services.
    3. The Supplier shall at all times be registered and remain in good standing with such organisations as may be relevant for the purposes of permitting them to self certify the compliance of the services provided with the relevant building regulations or alternatively if they are so accredited then they shall make arrangements for a building inspector to certify the compliance of the services provided with the relevant building regulations.
    4. The Supplier shall be responsible for managing and arranging the safe and lawful disposal of any waste materials, which are generated or removed from the Client’s property as a result of the provision of the services.
    5. The Supplier shall at all times hold a valid employer and public liability insurance policy and shall hold and keep up to date any and all licences or permits as may be required in order to provide the services.
11. Property Rights and Assumption of Risk
    1. Any property rights, title or ownership in any property or materials, which are used by the Supplier in providing or delivering the service shall remain with the Supplier until the Client has made payment in full in accordance with these Terms and Conditions.
    2. Risk in and responsibility for any products or materials, which are used in the supply, performance or delivery of the services shall pass from the Supplier to the Client:
       1. Where the Supplier is responsible for delivering the products or materials to the Client, upon delivery; or
       2. Where the Supplier is not responsible for delivery, at the moment the products or materials leave the Supplier’s premises.
12. Termination
    1. This agreement shall continue until the services (or any mutually agreed addition, extension or variation thereof) have been provided, or until terminated in accordance with the below.
    2. Without prejudice to the above this agreement may be terminated immediately where any of the following circumstances arise:
       1. Either party commits a serious breach or persistent breaches of this agreement including but not limited to the non-performance, neglect or default of any of his duties as outlined herein (including a failure on the part of the Client to make payment within agreed timescales) and after notice of this breach has been given to the defaulting party it remains un-remedied and unrectified 30 days after such notice.
       2. Either party commits a breach of this agreement, which cannot be remedied.
       3. Either party becomes insolvent or enters into a CVA or IVA or ceases to carry on the whole or substantially the whole of its business.
    3. Upon termination of this agreement, the Client shall pay to the Supplier such sums as may represent work done and expenses incurred up to and including the date of the termination.
    4. Any right to terminate this agreement shall be without prejudice to any accrued rights or liabilities arising out of this agreement, which are in existence at the date of termination.
13. Disclaimers and Exclusions
    1. The Supplier shall not be responsible in any circumstances to the Client or any third party for any loss of profit or indirect or consequential economic damage or loss, howsoever caused, whether as a result of negligence, misrepresentation, breach of contract or otherwise.
    2. Nothing in the forgoing shall be read as restricting or limiting in any way the Supplier’s liability for death or personal injury.
14. Indemnity
    1. The Client shall indemnify the Supplier against any loss or damage, which results from the Client’s breach of this agreement or failure to abide by any of its terms.
15. Force Majeure
    1. Neither party shall be liable for any delay or failure in performing its obligations or duties under this agreement, which results from circumstances outside their reasonable control including but not limited to acts of God, industrial action, war, fire, threat of terrorism, civil disturbance or rioting, government or regulatory action, breakdown in plant or machinery or shortage of raw materials or supplies.
16. Warranty of Contractual Capacity
    1. Both parties and the signatories to this agreement warrant that they are authorised and permitted to enter into this agreement, and have obtained all necessary permissions and approvals.
17. Whole Agreement, Governing Law, Severability and Miscellaneous Provisions
    1. This document constitutes the entirety of the agreement between the parties. It supersedes any prior representations, which may have been made, whether orally or in writing. Any modification to this agreement must be made in writing and signed by both parties.
    2. This agreement shall be governed by the Law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
    3. All clauses, sub clauses and parts thereof shall be severable and shall be read and construed independently. Should any part of this agreement be found invalid this will not affect the validity or enforceability of any other provision or of this agreement as a whole.
    4. All terms, conditions and covenants contained in this agreement shall bind the parties and their heirs, legal representatives, successors to title and permitted assignees.
    5. Nothing in these terms and conditions shall incur any rights on a third party and no third party may enforce any provision of this contract under the Contracts (Rights of Third Parties) Act.
    6. The failure by either party to enforce any provision of this agreement shall not be deemed a waiver or limitation of that party’s right to subsequently compel and require strict compliance with every provision of this agreement.
18. Complaints Procedure
    1. In the unlikely event the Client experiences a problem with the service provided by the Supplier, the Client must put their complaint in writing to Unit 5, Pershore Trading Estate, Pershore WR10 2DD. Upon receipt of this complaint, the Supplier will endeavor to resolve the matter within 10-15 working days.