Terms & Conditions

Early Start and Cancellation Rights

This is to explain your rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Under the Regulations, you have the right to cancel this contract within 14 days of making it, without giving any reason.

To exercise the right to cancel, you must inform us that you wish to cancel in a clear statement. You may email us at cjhomemaintenanceltd@gmail.com

For all purposes at law, the contract between us is not made until you have agreed these terms, and we have agreed to provide the services you want.

The law applies whether or not you have already paid us.

Instead of waiting 14 days until your cancellation period expires, you can simply tell us that you want to start the work sooner or right away. You can send us an email message at cjhomemaintenanceltd@gmail.com

If you do that, you lose your right to cancel within the rest of the 14 day period.

If you want to cancel later, after we have started the agreed work, you can do so at any time. As before, all you have to do is write to us, as above, making your intention quite clear.

If you cancel, you will save money only insofar as work has not been done. You must still pay us for materials and work done, even if you have had no benefit from it at the time when you cancel.

CJ Home Maintenance Ltd

Terms and Conditions

Background

The purpose of this agreement is to set out the legal contract between the Client and CJ Home Maintenance Ltd (Builder). CJ Home Maintenance Ltd will provide an electronic estimate, which will include sufficient detail for completion of works, including scope of work, payment terms and schedule of work.

A ‘contract’ with CJ Home Maintenance Ltd is an agreement by the client to have work undertaken detailed in the estimate submitted directly to the client via email and is a clear and straightforward undertaking between the two parties to form a contract.

Once an estimate has been accepted electronically and the client has paid their deposit, then a contract has been entered into and these terms will come into effect. Estimates are valid for 30 days from the date on the estimate.

“Project” means the work to be done under the terms of this agreement as set out in the Estimate.

The terms of this agreement are:

1. Specification and requirements

1.1. This agreement is for the builder to complete the Project for the Client, at the price written in the Estimate.

1.2. The builder is alone responsible for all taxes arising on money received from the Client and indemnifies the Client against any demand or obligation in respect of such tax.

1.3. The Client alone is responsible for all statutory or other governmental notices, permissions and requirements and the builder is entitled to assume that the work described in the Estimate is fully compliant.

1.4. All work shall be completed as detailed in the Estimate.

1.5. When the work is complete, the site will be left clean and tidy.

1.6. The Project will be completed in accordance with the schedule set out in the Estimate.

Working Hours: Mon-Fri 08.00-16.00

(After hours and weekend working will be agreed with the client prior to arrival if applicable)

2. Interruptions and expense

The Client’s attention is drawn to the following special requirements, interruptions and expense.

2.1. The work could be delayed by inclement weather.

2.2. It is assumed that the Client will have told neighbours about the work/noise/disturbances and obtained any necessary permission.

2.3. Access to the site will be provided by the Client from 08.00 am to 16.00 pm Mon-Fri. If any delay is caused by lack of access, time lost will be charged to the Client.

2.4. Any time or date quoted by the builder for delivery of any Services is an estimate only, and the builder shall not be liable for any failure to meet any such estimate, nor for any loss, whether financial or otherwise, resulting directly or indirectly there from. Time is not and shall not be of the essence in relation to this condition.

3. Builder's Invoice and expenses

3.1. The sum stated in the Estimate as the deposit shall be paid at least five working days in advance of the start of the Project.

3.2. The schedule of payments for the work of the builder shall be made in the instalments specified in the Estimate.

3.3. Upon completion of the Project, the builder shall submit an invoice for the remaining balance. Payment shall be due within seven days.

3.4. The invoice shall include any additional work not set out in the estimate with prior agreement from the client. The client shall be liable for the full costs thereof.

3.5. The builder reserves the right to make emergency repairs without consultation with the client if he deems it an immediate necessity eg, repairs affecting structural integrity. The client shall be liable for the full costs thereof.

3.6. A complaint or rejection of some part of work done on the Project does not entitle the Client to hold back payment for any other part of the work.

3.7. The builder reserves the right to charge the Client interest in respect of the late payment of any money due under this agreement (both before and after judgment) at the rate of 5 per cent above the base rate from

time to time of the Bank of England from the due date until receipt of payment.

3.8. The cost of any materials or waste removal agreed as extra to what is detailed in the estimate shall be paid immediately it is incurred.

3.9. Upon termination of this contract, the Client will pay the Builder for all work done to the time the notice of termination is received by the builder calculated to the nearest one hour.

3.10. All materials delivered to site will remain the property of the builder with title fully vested until the client has paid for the works in full and if the client defaults in respect of any obligations to make payments under the contract, the builder may enter the site and repossess and remove the materials until such time as all sums due have been paid in full.

4. Safety and insurance

4.1. The builder undertakes to obtain insurance against liability for professional negligence in work done under this agreement and against third party liability whilst on the premises of the Client.

4.2. Guarantee of Works: our works are guaranteed for 24 months from the date of completion. Please note that this applies only to the work that we have undertaken and any direct snags. Should our work be damaged due to no fault of our own, this would not be covered under the guarantee.

5. Confidentiality

5.1. In this paragraph:

Act” means the Data Protection Act 2018.

“Damage” means both economic loss, loss of reputation and damage to reputation, work or professional standing.

“Personal Information” means any information about or in connection with, a party to this agreement.

It includes personal data, as defined in the Act, owned by any data subject whom a party to this agreement may contact in relation to the subject matter of this agreement.

5.2. Each party to this contract now undertakes for the benefit of the other that he will not:

5.2.1 divulge to any person whatever or otherwise make use of any Personal Information relating to the other, which he learns as a result of this contract or any circumstance flowing from the contract;

5.2.2 post any text, nor image, nor audio-visual material, on any social network or other public place which could be hurtful, embarrassing or damaging to the other party.

5.3. Each party to this agreement now undertakes to the other that he will comply with the Act regarding protection, disclosure, and processing of Personal Information.

5.4. The parties agree that any Damage arising directly or indirectly, foreseeable or not from a breach of the above provisions must be compensated.

5.5. Photography: We reserve the right to take any photographs of any job which we carry out as a matter of routine for the purposes of quality assurance and record keeping. From time to time, we may also use the images for marketing purposes; either print based or online. We may take photographs before, during and/or after our work has been carried out. We will only take photographs of the space(s) within in which we are conducting our work. No personal or property location details will be disclosed. If you do not wish us to use images of our work taken on your premises for marketing purposes please inform us that you object to this in good time.

6. Limitation of liability

This paragraph states the entire liability of the Builder.

6.1. This paragraph applies to all of:

6.1.1 a defect in work done or not done

6.1.2 a breach of any contractual obligation arising under this agreement

6.1.3 negligence or any other tort

Any of the foregoing shall be known as a ‘Default’.

6.2. The Builder shall have no liability to the Client in respect of a Default unless the Client has given him written notice of it within 14 days of the date he became aware of the Default or the date when he ought reasonably to have become aware of it. This can be communicated via email or a written letter.

6.3. The Client agrees to give the Builder not less than 30 days in which to put right the Default.

6.4. If a number of Defaults give rise to substantially the same loss then they shall be regarded as giving rise to only one claim under this agreement.

6.5. The Builder shall not be liable to the Client in respect of a Default or any type of special indirect or consequential loss (including loss or damage suffered by the Client as a result of an action brought by a third party) even if such loss was reasonably foreseeable or the Builder had been advised of the possibility of the Client incurring it.

6.6. The Builder's entire liability in respect of any Default shall be limited to damages of an amount equal to the total sum paid by the Client for this Project.

6.7. Samples and Benchmarking

6.8. The builder may offer samples to demonstrate preparations, applications, composition and general appearance of proposed systems. (For example, Pointing/Plastering/Rendering styles and the colour of aggregates)

The products will be applied or installed in the way that the Builder considers most suitable according to his specialist knowledge.

All samples completed will be presented as a benchmark for client approval, however dependent on the size of the area, the substrates may vary from the exact location in which the sample was carried out. In any case whereby the builder feels that this may be an issue, the client will be notified, and consultation will be offered to address the said issues and any additional costs submitted.

7. Uncontrollable events

7.1. Force Majeure: the Contractor will not be liable for any delay or failures that results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, pandemic lock downs, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Contractor shall be entitled to a reasonable extension of its obligations.

7.2. If either party cannot perform this agreement for a reason beyond his reasonable control for a continuous period of four weeks then either party may, at his discretion, terminate this agreement by notice in writing at the end of that period.

7.3. If the agreement is terminated, all money due from one party to the other becomes due immediately.

7.4. The party claiming to be affected by an uncontrollable event will take all reasonable steps to fulfil his obligations under this agreement despite the uncontrollable event.

7.5. So long as the uncontrollable event continues the Client may contract with others for the supply of services which the builder has failed to supply as required by this agreement.

8. Miscellaneous matters

8.1. No amendment or variation to this agreement is valid unless in writing, signed by each party or his authorised representative.

8.2. So far as any time, date or period is mentioned in this agreement, or in the Estimate, time shall be of the essence.

8.3. If any term or provision of this agreement is at any time held to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

8.4. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

8.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

8.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of

posting;

If sent by e-mail to the address from which the receiving party

has last sent e-mail: within 24 hours if no notice of non-receipt

has been received by the sender.

8.7. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

8.8. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of any person, may be enforced under that Act.

8.9. The validity, construction and performance of this agreement shall be governed by the laws of [England and Wales / Scotland / Northern Ireland] and the parties agree that any dispute arising from it shall be litigated only in that country.