1 Parties, Definitions and Interpretation
1.1 In these terms and conditions (which are referred to in this document as “these terms”) “Customer” means the customer for whom the work is to be carried out by Done99. “Done99” means Done99 LLC or Done99 franchisee or third-party contractor as the case may be of either entity or the parent of such entity each carrying on business pursuant to an Agreement with one or other of such entities. “Contract” means the agreement between the Customer and Done99 to carry out the Works of which these terms form a part and (where these terms are a schedule to a signed agreement between the Customer and Done99 (“the Agreement”)) the Agreement, “Works” means the works described in Done99’s estimate or Quotation and/or as referred to in Done99’s Work Detail Sheet or any other document or email issued by Done99, as may be varied by agreement in writing between the parties. 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. 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.
2 General
2.1 The Customer will be treated as an Account Customer or Non-Account Customer, according to Done99’s reasonable discretion.
2.2 All estimates and Quotations given by Done99, all orders and instructions given by the Customer, and all work authorizations, are governed by these terms. They supersede any other terms appearing elsewhere and 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 Done99 and the Customer, except where these terms are a schedule to a signed Agreement between the Customer and Done99, in which event these terms apply only to the extent not inconsistent with that Agreement.
2.3 The Customer acknowledges that Done99 has not made any representations (other than any expressly stated in the Contract and/or in Done99’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 Done99 for the performance of the Works (and detailed in paragraph 4 below).
2.4 No modification to the Contract shall be effective unless made by an express written agreement or email exchange between the parties. The signing on behalf of Done99 of any documentation of the Customer shall not imply any modification of the contract.
2.5 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 Estimates and variations to the price
3.1 Any estimate which may be given either verbally or in writing by Done99 is subject to withdrawal by Done99 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 its date. The Estimates are just that estimate, and services entered into may rise of fall according to the extent of work by the direction of the customer.
3.2 Unless otherwise specified by Done99 in the relevant estimate, an estimate is not a firm or fixed price quotation. It is an estimate of the likely minimum cost of the Works, based on the information made available to Done99 i.e ($99 for the first 2 hours, even if the job takes as little as a few minutes, and then $40 an hour after the first 2 hours). Done99’s final price will be calculated on the basis specified in the estimate, if any, or if none, in accordance with Done99’s Schedule of Rates applicable at the time the Works are carried out and may be increased above (but not reduced below) the specified price. Furthermore, Done99 reserves the right to increase the price before carrying out the Works by an amount equivalent to any increase to Done99 in the cost of relevant materials, labor, equipment hire or transport since the date upon which Done99’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 work, provided it does so before the Works are begun, any relevant materials are ordered or any relevant equipment is hired or laborer’s are called and are at the job site.
3.3 Done99 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 Done99 is on site, the time taken will be treated as an addition to the and charged at the relevant rate. If the materials are ordered for subsequent collection and delivery, a charge may be made by Done99. Materials will be supplied at cost net after Done99 discounts plus Done99 normal mark-up to cover handling, stock maintenance etc. Fees may also be charged for removal of trash and any dump fees.
3.4 Done99 Schedule of Rates is available online or for inspection at Done99’s premises during normal business hours as well as on Website. The Schedule of Rates specifies half hourly rates. Charges are made by the hour, rounded up to the next hour, there is therefore a minimum charge of $99.
3.5 Quotations
3.5.1 Unless otherwise specified by Done99 where the Customer is provided with a fixed price Quotation by Done99 that fixed price shall be valid and open for acceptance within twenty eight (28) days unless a longer time is specified on the face of the Quotation and, if not so accepted within the designated period shall be deemed withdrawn.
3.5.2 Before the commencement of large jobs, Done99 reserves the right to require the Customer to pay an initial payment of 20% (or such greater sum if so required) against the full Quotation Value on all quoted Works above $500.00
3.6 In circumstances where free or accessible parking is not available at the Customers premises or at those premises which Done99 is attending on behalf of the Customer Done99 will add the cost of such parking to the price payable by the Customer.
3.7 Calls may be recorded for monitoring and training purposes.
4.1 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.
5 The Price
5.1 The price payable by the Customer is calculated as specified in paragraph 3 above and shall be stated on the Invoice/Job Sheet or where no price is stated our current standard price for the services provided. The charge shall consist of the cost of materials supplied by the Company and the amount of time spent in undertaking the job or task (including reasonable time spent obtaining unstacked parts and materials as stated in 3.3 above) charged in accordance with the Company’s current Schedule of Rates.
5.2 Unless otherwise stated, the price and all estimates and Quotations provided by Done99 are shown exclusive of Value Added Tax at the prevailing rate which will be payable in addition where properly chargeable.
6 Payment
6.1 Non-Account Customers: Payment details will be submitted at time of booking and sample transaction conducted to validate payment method. Full payment by the Customer is due on completion of the Works through the agreed payment method. Payment in full must be made on such completion. Payment can be made by cash, Visa, Mastercard, or PayPal
6.2 Account Customers: Done99 will seek to submit invoices to Customers within 5 days of completion of the Works and subject to paragraph 8 below, payment must be made by the Customer within 15 days after the date of issue of the invoice.
6.3 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 will be responsible for payment unless Done99 has agreed otherwise in writing.
6.5 Done99 shall be entitled to interest on a daily basis and reserve the right to charge such interest on any amount not paid on the due date for payment from such due date until payment in full at 25% APR.
6.6 Done99 shall not be required to issue or deliver any certificates, guarantees or other similar documents regarding the Work until payment has been made in full.
7 Commencement and Completion Dates
7.1 Dates specified for the commencement and completion of the Works are estimates only. Done99 shall use all reasonable endeavors 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 except as provided for in paragraph 16 below.
8 Inspection of the Work
8.1 The Customer shall inspect the Work as far as it is reasonably possible to do so immediately upon their completion (though failure to countersign the relevant Works Detail Sheet shall not imply rejection of the Works) and if it considers that the work 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. In the absence of any such notice, the work shall be conclusively presumed to be complete and free from any defect, which would be apparent on reasonable examination.
9 Indemnity
The Customer shall indemnify Done99 against all actions, suits, claims, demands, losses, charges, costs and expenses which Done99 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.
10 Whole Agreement and Exclusion of Liability
10.1 These terms set out Done99’s entire liability in respect of the work and Done99’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 work and the quality thereof.
11 Limitation of Liability and Liability of Done99
Done99’s liability shall be limited to:
11.1 the repair or making good of any defect pursuant to its undertaking in paragraph 13 below and subject always to paragraph 8 above.
11.2 liability for death or personal injury resulting from negligence in the course of carrying out Done99’s duties, and
11.3 the reasonable costs of repair or reinstatement of any loss or damage to the Customers property if such loss or damage results from Done99’s negligence or that of its employees, agents, franchisees, or sub- contractors and the Customer incurs such costs.
12 Access
12.1 The Customer shall provide clear access to enable Done99 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 work. The Customer will at all times provide a safe working environment for Done99 and its employees, agents, franchisees and sub-contractors for the purposes of carrying out the work. above if blockages occur in drains not covered by the specifications or if it is necessary to trace unidentified drains to complete the Works. The Customer must obtain any permission for Done99 to proceed over property belonging to third parties. The Customer shall indemnify Done99 against all claims of whatsoever nature made by third parties arising out of the presence of Done99 its employees, agents, franchisees or sub-contractors on the Customer’s property save where such claim results directly from negligence on Done99’s part. The Customers shall be liable to Done99 for all loss of damage whether direct, indirect or consequential which is suffered by Done99 as a result of failure or delay by the Customer in performing the obligations referred to above.
13 Defects
13.1 Subject to paragraph 8 above and the exclusions listed below, Done99 undertakes to repair or make good any defect in completed work which appears within one months of completion of the same to the extent that such defect arises from a breach of Done99’s obligations under the Contract and provided that details of the defect are notified by the Customer to Done99 in writing with such period that Done99 and its insurers are given the opportunity of inspecting the work and the alleged defect. This undertaking shall only apply to work carried out and completed and invoiced by Done99 and which is paid for by the Customer by the due date for payment ascertained in accordance with paragraph 6 above. If Done99 returns to the site at the Customers request to review a claim under this undertaking and it transpires that the defect had not arisen as a result of a breach on the part of Done99, Done99 reserves the right not to carry out any work under this paragraph 13 where the Customer cannot evidence that the work originally carried out and completed by Done99 or where payment has not been made in full for such work. Exclusions are:
– Parts and materials will be provided only with the benefit of the manufacturer’s / supplier’s guarantee and are not guaranteed by Done99
– Systems or structures not installed by Done99
-Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to Done99 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 Done99)
– 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 Done99 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 Done99
13.2 Done99 is unable to offer a guarantee
14 Force Majeure
14.1 Done99 will use all reasonable endeavors to carry out the work on the agreed dates but shall not be under any liability to the Customer if it should be either impossible or impracticable to carry out the work on the agreed dates or at all, by any reason of strike, lock out, industrial dispute, act of god or any other event or occurrence beyond Done99 control.
15 Customer’s Liability
15.1 The Customer shall be liable for:
– 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
– Providing all necessary power and a clean water supply for Done99’s use in the execution of the contracted works
– The safety of both worker and machinery belonging to or hired in by Done99 or its employees, agents, franchisees and sub-contractors and shall indemnify Done99 against its loss, theft or damage
15.2 The Customer must let Done99 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.
15.3 The Customer must provide Done99 with all necessary details in respect of any relevant requirements specified by the Factory Inspectors or similar regulatory authorities.
16 Cancellations
16.1 If the Customer cancels the contract without Done99’s consent other than pursuant to paragraph 3.2 above, the Customer shall indemnify Done99 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 Done99’s right to payment in accordance with paragraph 6 above
16.2 If the Customer wishes to cancel an appointment or Done99 is unable to gain access to the Customers premises to carry out the work 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 work having been booked by the Customer or by someone acting on the Customers behalf e.g. tenant.
16.3 If the Customer cancels the work to be undertaken pursuant to an estimate accepted by the Customer, subject to paragraph 3.2 above or pursuant to a Quotation subject to paragraph 3a above the Customer will be liable for a cancellation charge of 10% of the estimate price if the cancellation is made less than 48 hours prior to the specified commencement date for the work
17 Removal of Waste Materials
17.1 Unless agreed in writing between the parties, the Customer will be responsible for the removal from site of all waste materials resulting from the work.
18 Waiver, Variation etc
18.1 No waiver by Done99 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 Done99 unless sanctioned in writing by Done99. No forbearance or delay on Done99’s part shall prejudice Done99’s rights and remedies under this contract.
19 General
19.1 If any provision set out in these Terms and Conditions is 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 affected.