Terms and Conditions
terms and conditions contents
- Definitions: definitions.
- Term: commencement of term; end of term: indefinite, or services completed and payment made; each contract distinct.
- Services: obligation to provide services; standard of services (B2C or mixed); failure to meet services standard; devotion of personnel to services; services: compliance with law; services: compliance with reasonable customer requests; time estimates for services; pre-existing plumbing faults; no liability for pre-existing plumbing faults; matters outside the scope of the services; waste upon completion of services.
appointments: services appointments; late services appointments; rescheduling services appointments; cancellation of services appointment on notice; personnel shortage and cancellation of appointments.
personnel: assurances relating to personnel.
: obligation to supply materials; written quotation to supply materials; delivery and installation of materials at premises; responsibility for delivery of materials; risk in materials (B2C or mixed); title to materials; materials held by second party as bailee; recovery of materials by first party; action for price of materials where title not passed; materials warranties (B2C or mixed).
: obligations of second party in relation to premises (B2B or B2C); clearing of premises for services; compliance with policies at premises (B2B or B2C); securing means of access to premises.
obligations: general second party obligations; provision of access to utilities.
: storage of first party equipment; no using etc equipment without consent; responsibility for loss of equipment; first party equipment following termination.
- Representatives: instructions given by second party representatives.
- Charges: obligation to pay charges; time-base charges limitations; amounts inclusive or exclusive of VAT (B2B or B2C); variation of charges.
- Timesheets: obligation to keep timesheets; obligation to supply timesheets.
- Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments (B2B or B2C).
's confidentiality obligations: first party confidentiality undertaking (no permitted purpose limitation); disclosure of confidential information by first party to certain persons (no permitted purpose); exceptions to first party's confidentiality obligations; disclosures of second party confidential information mandated by law etc; first party confidentiality obligations after termination.
- Distance and off-premises contracts: cancellation right: distance and off-premises contracts: cancellation right for consumers; cancellation right for services and digital content; consumer agreement to provision of services; exercise of cancellation right; refund upon services distance contract cancellation; refund method; refund timing for services and digital content; exception to cancellation right for urgent repairs and maintenance.
- Warranties: first party warranty of authority; second party warranty of authority; exclusion of implied warranties and representations.
indemnity: second party indemnifies first party upon breach.
- Limitations and exclusions of liability: caveats to limits of liability (B2C or B2C); interpretation of limits of liability; no liability for force majeure; no liability for loss of profits; no liability for loss of revenue; no liability for loss of opportunities; no liability for consequential loss; per event liability cap upon services contract; aggregate liability cap upon services contract.
Force Majeure Event
: obligations suspended for force majeure; force majeure notification and information; mitigation of effects of force majeure.
- Termination: termination without cause (optionally assymetric); termination by either party without cause; termination upon breach; termination upon insolvency; termination upon non-payment.
- Effects of termination: surviving provisions upon termination; termination does not affect accrued rights.
- Status of
: first party is independent contractor not employee; no redundancy or compensation.
- Notices: contractual notices must be in writing; methods and deemed receipt of contractual notices; substitute contact details for notices.
- Subcontracting: no subcontracting without consent; subcontracting permitted; first party responsible for subcontracted obligations.
- General: no waiver; severability; variation written and signed; asymmetric assignment of contractual rights (B2B, B2C or mixed); no third party rights; entire agreement: documents; governing law; exclusive jurisdiction.
- Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.
STATEMENT OF WORK