1. THESE TERMS
1.1 JS & DH Trading Limited (“Home Building & Surveying Company” and/or “we/us”), is a company registered in England and Wales with registration number 12088816 and whose registered office is James House, 40 Lagland Street, Poole, BH15 1QG (VAT number is GB 335533900).
1.2 These are the terms and conditions on which we agree to undertake the Works and you have accepted by agreeing to the works.
1.3 In particular your attention is drawn to paragraph 5 which relates to the price payable, paragraphs 7 and 8 which set out your rights to cancel this contract and paragraph 12 which sets out limitations of liability.
1.4 “Fixtures and fittings” includes (but is not limited to) pipes, cables, furniture, furnishings, internal plaster and decorations.
1.5 “Writing” includes emails.
1.6 “Works” includes any works or treatments provided to you as set out in the survey quotation including any materials and or goods needed to complete those Works specified.
2. CONTACT DETAILS
2.1 JS & DH Trading Customer Services Team may be reached on the number set out in the quotation or by writing to the address on the same form.
3. SURVEY QUOTATION AND ACCEPTANCE
3.1 It may be necessary to send a surveyor to your property to evaluate and assess your requirements and to complete a survey quotation. If it is critical that the Works are completed by a particular date you must state this at the time of the survey and in writing.
3.2 You may be required to pay a fee for the survey quotation. If this is required, you will be told at the time of your enquiry. This fee will be refunded in full should you proceed with all the Works recommended in the survey quotation by way of deducting from the final balance owed.
3.3 The survey quotation will set out the Works, the price and any recommendations including any
information we may need from you and the actions you may need to take in preparation for the Works. It is important to read through fully as there may be cost implications for a failed install attempt at £400 plus VAT.
3.4 The price set out in the survey quotation will remain valid for a period of twenty eight (28) days from the date of the survey quotation after which we reserve the right to increase the price.
3.5 The contract shall come into existence when we accept your request to proceed. Such acceptance by us may be by email, telephone or letter.
4. CHANGES
4.1 You may request a change to the Works and if the change is possible, we will let you know about any variation to the price, the timing of supply or anything else which may alter as a result of your request. You will be asked if you wish to proceed with the change.
4.2 Minor technical adjustments and improvements may be made by us to the Works. Where this occurs, you will be notified of the changes or any impact on the Works, timing of supply or anything else.
4.3 You will not be notified if we are only substituting materials or equipment of similar quality and performance to those specified in the survey quotation or any other document issued to you.
5. PRICE AND PAYMENT
5.1 The price of the Works identified in the survey quotation (which includes VAT) will be the price set out in the quotation or as set out in the survey quotation.
5.2 The price is based on providing the Works during normal working hours (9.00am to 6.00pm, Monday to Friday).
5.3 The survey quotation will clearly set out the price for the Works which include materials. If additional materials or Works are required, you will be provided with a new quotation. We will not proceed with any such additional work without your acceptance by email, telephone or letter.
5.4 Any additional costs arising from the works including compliance with statutory or local requirements such as, but not limited to, compliance with building control, shall be paid by you as an addition to the price.
5.5 Unless you have already paid for the order in full, if the rate of VAT changes between the order date and the date of supply of the Works, the VAT rate will be adjusted to reflect the new rate.
5.6 Payment shall be required in full before the Works commence or, where appropriate, a deposit paid. We shall contact you to arrange such payment. Where a deposit is paid, the balance shall be due immediately on completion of the Works and on receipt of such payment
you will be issued an invoice for the whole value of the Works.
5.7 If you do not make payment on completion of the Works you may be charged interest on the overdue amount at the rate of 4% a year above the base lending rate of Lloyds Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The interest must be paid with any overdue amount.
5.8 If you have any queries regarding the payment then please contact us promptly explaining why you think it is wrong. You will not be charged interest until the payment query is resolved.
5.9 We use third party rubbish clearance services to remove waste from jobs in most cases. We aim to have this collected within 7 working days from the completion date and you may withhold £500 off the balance as a maximum until this rubbish is cleared should you feel necessary – the remainder needs paying upon completion as above.
6. THE WORKS
6.1 The Works will begin on the date agreed. You will be told before the start of the Works the estimated completion date.
6.2 You must provide:
(a) access to the property including parking for one vehicle;
(b) adequate and conveniently located electricity and water;
(c) a convenient area for loading and unloading materials and for carrying out ancillary works; and suitable welfare facilities in accordance with law.
6.3 You shall be responsible for removing fixtures and fittings and / or clearing rooms before the start of the Works and for providing relevant information to allow us to carry out the Works.
6.4 If you do not provide this information, or if you give incomplete or incorrect information or if you have not carried out your actions, we may either end the contract or make an additional charge of a reasonable sum for any extra work required as a result.
6.5 We will not be responsible for completing Works late or not supplying any part of them if you fail to provide information or fail to carry out the actions within a reasonable time of asking.
6.6 The quotation is based on the assumption that the structure and foundation of the property are sound. If when the Works start, it is discovered that one or both are not in good condition or a problem identified in the survey quotation is more extensive than originally thought then we reserve the right either to terminate the contract and charge you for the costs incurred up to the date of termination or, at its sole discretion, to charge you for any additional work necessary to complete the Works.
6.7 If completion of the Works is delayed by an event outside our control (including for example unavailability of service staff due to illness) then you will be notified as soon as possible. If this occurs, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Works you have paid for but not received.
6.8 If you do not allow access to your property to perform the Works as arranged (and you do not have a good reason for this) we may charge you additional costs incurred as a result. If, despite its reasonable efforts, it is unable to contact you or re-arrange access to your property it may end the contract and term 10.2 will apply.
6.9 If we are unable to complete the Works on the date we originally advised to you, then we will update you with reasonable notice.
7. GUARANTEES
7.1 You will receive a guarantee, certificate for the work and treatment within 30 days of receipt of the full payment for the work.
7.2 Product guarantees are 20-years for SecoTHERM & SecoMUR and 10-years for SecoFLEX. If other products are specified then their guarantee if applicable will be confirmed in writing to you at your request.
8. CANCELLATION RIGHTS
8.1 If you end the contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund the price of the Works not yet provided. The reasons are:
(a) you have been told about an upcoming change to the Works or these terms which you do not accept;
(b) you have been told about an error in the price or description of the Works and you do not wish to proceed;
(c) there is a risk that the supply of the Works may be significantly delayed because of events outside of the our control;
(d) the Works are suspended for technical reasons (for example due to the presence of
asbestos or bats), in each case for a period of more than twenty-eight days or until the appropriate statutory consent, whichever is the later.
8.2 To end the contract, please contact the local service office on the telephone number or e-mail address set out in the quotation. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.3 Any refund to you will be by the method you used for payment. However, deductions may be made from the payment for (or, if you have not made an advance payment, charge you) the reasonable costs incurred as a result of you ending the contract.
9. STATUTORY RIGHTS TO CANCEL THIS PARAGRAPH 9 ONLY APPLIES IF YOU ARE A CONSUMER AND YOU HAVE ENTERED INTO A DISTANCE OR OFF-PREMISES CONTRACT.
9.1 If this applies, then, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have a legal right to change your mind within 14 days (the “Cooling off period”) and during this period we will not provide the Works.
9.2 If you would like us to commence the Works during the Cooling off period then you must sign a waiver giving us permission to start early.
9.3 You must realise that by giving permission for the Works to proceed during the Cooling off period you may lose your right to cancel and this will mean that:
(a) if we have completed the Works in full you cannot change your mind, even if the 14 day Cooling off period is still running; or
(b) if you cancel after we have started the Works but before the Works are completed during the Cooling off period, you must pay for the Works to the extent completed at the time you tell us that you have changed your mind.
9.4 If you have given permission to start the Works during the Cooling off period and you then change your mind you must complete the cancellation form or contact us on the number set out in the quotation.
10. TERMINATION RIGHTS
10.1 We may end the contract at any time by writing to you if you do not:
(a) make any payment when it is due or within seven days of receiving a reminder;
(b) within a reasonable time, provide information necessary for us to carry out the Works; or
(c) within a reasonable time, allow access to your property.
10.2 Where the contract is terminated under paragraph
10.1, any money paid in advance for the Works shall be refunded but we may deduct or charge you reasonable compensation for the net costs it has incurred as a result of you breaking the contract.
11. IF THERE IS A PROBLEM WITH THE WORKS
11.1 If you have any questions or complaints about the Works, please contact us on the number or at the address set out in the quotation.
11.2 If you believe there is a fault or problem with the Works, then you must contact us promptly so that we have an opportunity to fix the problem. If you fail to allow access or fail to provide this opportunity and instead use another company then any additional charges or losses you have suffered will not be recoverable from us.
11.3 If you require us to re-inspect the Works after completion an inspection fee may be payable by you but such fee will be re-funded in the event that we have been at fault in carrying out the Works.
11.4 If you have not raised a complaint within 6 months of completion of the Works, then we will be entitled to assume that the Works were performed satisfactorily.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 You agree that we may use your personal information to:
(a) carry out credit checks;
(b) supply the Works to you;
(c) process your payment for the goods or Works. This may including disclosure to our agents or subcontractors;
(d) tracing agents to locate you if you move without telling us and you have failed to pay;
(e) debt collection agencies if you have failed to pay on time.
12.2 We will only give your personal information to other third parties where the law either requires it or it is permitted.
13. OTHER IMPORTANT TERMS
13.1 Title in any equipment or materials used in the Works shall not pass until payment has been made in full.
13.2 We may transfer its rights and obligations under these terms to another organisation.
13.3 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer the guarantee at paragraph 7.1 to a person who has acquired your property. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the property.
13.4 This contract is between you and us. No other person shall have rights to enforce these terms.
13.5 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.6 Failure to exercise, or any delay in exercising, any right or remedy provided under these terms or by law shall not constitute a waiver of that (or any other) right or remedy, nor shall it preclude or restrict any further exercise of that (or any other) right or remedy.
13.7 These terms are governed by English law and legal proceedings will be in the English
13.8 Any local or national planning permissions are not obtained or checked by us (unless stated otherwise) it is the home owners obligation to check our works and if they require planning too submit the application prior to works commencing.
13.9 Your attention should be given to The Party Wall Act. 1996 – Party walls are the joint responsibility of adjoining owners. Where necessary (if you are unsure please contact for clarification) the client must advise the owner of the adjoining property before works can commence. By instructing us to start the works the client confirms that they have complied with this Act.