Terms of Business

  1. Definitions

1.1. In these Terms of Business the following definitions apply:

“The Company”, “We”, “Us” – means AA Property Care Ltd, 33 Primrose Crescent, Dalkeith, EH22 2JS

“Employee or Company Operatives” – means the person or firm carrying out services on behalf of the Company.

“Client” – means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 to whom the services are supplied by the Company.

“Service” – means the maintenance services carried out on behalf of the Company.

“Visit” – means the visit to the Client’s service address by the Employee in order to carry out the Service.

“Specifications or task” – means all works that will be carried out in the Clients service address

1.2. Unless the context requires otherwise, reference to the singular include the plural and references to the masculine include the feminine and vice versa.

1.3. The Headings contained in these Terms are for convenience only and do not affect their interpretation.

1.4. These terms of business cover the following areas- Plumbing, Electrical, Joinery, PAT testing, Cleaning services & any other works carried out by the company.

2.Contract 

2.1 These Terms and Conditions represent a contract between AA Property Care Ltd and the Client.

2.2 The Client agrees that any use of the Company’s services, including placing an order for services by telephone, email, website forms shall constitute the Client’s acceptance of these Terms and Conditions.

2.3 Unless otherwise agreed in writing by a director of the Company, these Terms and Conditions shall prevail over any other terms of business or purchase conditions put forward by the Client.

2.4 No variation or alteration of these Terms and Conditions shall be valid unless approved in writing by a director of the Company.

3.Quotations

3.1. Services are charged per job taking into account the Requirements of the Client.

3.2 The quoted price will include all materials and labour required to carry out the job.

3.3. All quotations are given by the Company following a request by the Client and shall remain open to acceptance for a period of 30 days from their date.

3.5. The Company reserves the right to amend the initial quotation, should the Client’s original requirements change.

3.6. In the unlikely event that our suppliers prices change within the 30 day period the Company reserves the right to amend the initial quotation.

3.7. In the unlikely event that there are unforeseen circumstances there may be additional costs that need to be added to the quote. Differences will be discussed with the Client prior to the start of the work. If the Client does not accept the updated price this may result in the work being unable to be completed.

3.8. By accepting any quotation you agree that The Company have full control over the project. Although the customer is able to make changes during the project these may incur additional charges, the customer is  not able to carry out any works in the project area until our works are completed unless previously arranged with The Company during the quotation period. If any work is carried out in these area and there are damages or delays to the companies work schedule there will be additional charges.

3.9. By accepting any quotation you agree to the companies terms of business and will be held fully liable if not adhered to.

4. Communications

4.1.To help protect the environment all Estimates, Quotes & Invoices will be sent electronically.

4.2. All corresponds will be done through email or telephone conversations

4.3. Paper copies of Estimates, Quotes & Invoices are available however there is a £2 administration fee.

5. Equipment

5.1. The Company shall provide all equipment necessary to carry out the service.

5.2. The Client must provide electricity and sufficient light at the premises where the service takes place.

6. Payment

6.1 A deposit is due prior to service commencement in the form of a BACS or credit/debit card payment. Credit/debit card payments incur a 3% card processing fee. We reserve the right to cancel services without notice due to declined credit card transactions or non-cleared funds.

6.2.The remaining balance must be paid by cash, cheques, card payment or BACS transfer to the company within 7 days of receipt of the invoice. If no payment has been received after 10 days the client agrees to a late payment fee of £50.

6.3. If the payment still has not been received after 11 days a fee of 10% of the total invoice including any late payment fee will be added to the invoice daily until the invoice has been settled.

6.4. If the payment still has not been received after 20 days a fee of 50% of the total invoice including any late payment fee will be added to the invoice daily until the invoice has been settled.

6.5. The Client agrees to and understands that paying the outstanding balance by debit/credit card will incur a 3% card processing charge.

6.6. Although greatly appreciated and a powerful way to say ‘Thank you’, the Client understands that tipping is not required.

6.7. If the Company is forced to refer the Client’s account for collection to a third party then extra costs may be added to the outstanding amount by the debt collecting company.

6.8. Any bank charges incurred due to a Client’s cheque being returned unpaid will be passed to the Client at a flat rate of £30.00 or 3% of the cheques which ever is higher.

6.9. The Company reserves the right to cancel any contract and back charge additional for past services to reflect the balance of the standard rate(s) if any misleading or false information was used to obtain discounted services.

6.10. The Client agrees to and authorises the Company to charge his debit/credit card with any outstanding amounts owed to the Company

7. Refunds

7.1. No refund claims will be considered once the services have been carried out.

7.2. Refund will be issued only if the Client has cancelled a maintenance visit within the allowed time (24 hours) prior to the start of the job and the Company has already taken a payment. The refund will be less any materials purchased for the job.

8. Cancellation

8.1. There is a £30.00 late cancellation/lock-out fee for canceling or rescheduling a visit with less than 24 hour notice for non-contract Clients. The same fee applies if the Employee is unable to gain access to the Client’s home, through no fault of the Company.

8.2.The contracted Client agrees to pay the full price of the Visit, if: a) The Client cancels or changes the date/time less than 24 hours prior to the scheduled appointment; b) The Client fails to provide access to the service premises thus preventing the Company to carry out the booked work; c) There is a problem with the Client’s keys and the employees cannot let themselves in. If keys are provided they must open all locks without any special efforts or skills.

8.3. If the Client needs to change a day or time the Company will do its best to accommodate him. A minimum 24 notice is required.

9. Termination Of Contract

9.1. The Client may terminate any contract by giving 30 days prior notice.

9.2. The Client agrees to pay a cancellation fee of £150.00 if no notice is given.

10. Employment Referral Fee

10.1. The Client is liable for an employment referral fee of £500.00 per person, should he directly employ (either legally or on a cash basis) anyone currently employed/sub-contracted by the Company, or employed/sub-contracted by the Company within the 1 year period prior to such employment.  The Client agrees to pay this fee whether he notifies the Company of his action or the Company discovers this employment independently at any time after it occurs.  The Client further agrees to reimburse the Company for any and all collection or legal fees the Company incurs in collecting this fee.

11. Claims

11.1. The Company’s public liability insurance will cover damages caused by our employees working on behalf of the Company up to £1,000,000.00. All claims are subject to an excess of £500.00.

11.2. The Client agrees the Company guarantees only to correct any problems reported within 24 hours with photographic evidence. If a problem occurs on a Saturday it must be reported by Monday 12:00 in order to be accepted as a valid claim. Failure to do so will entitle the Client to nothing. The Company may require entry to the location of the claim within 24 hours to correct the problem. Any refunds or adjustments must be requested to the Company directly and subject to approval by the Company.

11.3. The Client waives his right to stop payment on his cheque or protest a credit/debit card charge unless the Company fails to make good on the guarantee shown in part 15.

11.4. While the Company Employees make every effort not to break items, accidents do happen. Identical replacement is always attempted but not guaranteed. For this specific reason, the Company requests all irreplaceable items (whether monetarily or sentimentally valuable) be stored away prior to the employee commencing their work.

11.5. In case of damage, The Company will repair the item at its cost. If the item cannot be repaired the Company will rectify the problem by crediting the customer with the item’s present actual cash value toward a like replacement from a Company’s source upon payment of Maintenance services rendered.

11.6. The Company shall not be responsible for damage due to faulty and/or improper installation unless otherwise informed in writing prior to commencement of the visit.

11.7. No claims shall be entertained if the Client has an outstanding balance aged more than 30 days.

11.8. Any attempt to commit insurance fraud or any use of false information to commit any type of fraud will be prosecuted to the fullest extent of the law together by the Company and the Insurance Provider(s). Monetary compensation as well as legal fees may incur.

11.9. Key replacement/locksmith fees are paid only if keys are lost by our employees. There is a £30 per location liability limit.

12. Complaints

12.1. All complaints must be received in writing by letter or email.

12.2. If the Client is unpleased with a currently occurring service, the Company asks that the Client notifies it as soon as he notices anything that might be to his dislike by calling 07940 713789 or 07949 527233. Please do not wait until the service is ending.

13. Liability 

13.1. The Company shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with a late arrival of Company employees at the service address. The Company endeavors to be right on time on any visit but sometimes due to transport related and other problems which are beyond the Company’s control, the Company employee’s may arrive with a delay or the maintenance visit may be re-scheduled.

13.2. The Company shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with : 1. A maintenance job not complete due lack of hot water or electricity 2. Third party entering or present at the Client’s premises during the maintenance process; 3. An existing damage to Clients property; 4. Any damages caused by faulty/not in full working order equipment or materials supplied by the Client; 5. Any damages worth £50.00 or less.

13.3. The Company shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Company carrying out services for the Client if the Client has an outstanding amount aged 30 days or more from the date the payment was due.

13.4. We record all incoming and outgoing phone conversations for quality control, record keeping and back-referral for any inquiries or investigations.

14. Supplementary Terms

14.1. If the Client requests keys to be collected by the Company’s operatives from a third party’s address outside the postal code of the serviced address then a £10.00 charge will apply. The charge will cover only the pick up of keys. If said keys need to be returned back to the third party’s address or any other address another charge of £10.00 will apply.

14.2. The Company, reserves the right to reevaluate rates at any time should the Client’s initial list of tasks changes.

14.3. The Company reserves the right to amend the initial quotation, should the Client’s original requirements change. Differences in excess of 10% will be discussed with the Client prior to the start of the work.

14.4. If any estimates of how long it will take the company operatives to complete the job are being provided those are only estimates based on the average time it takes to carry out a task of similar size to the Client’s, it being difficult to calculate precisely how long such tasks may take and that a degree of flexibility may be required.

14.5.The Company shall arrange an immediate replacement should an operative be unable to attend a scheduled visit. We will inform the Client prior to the visit.

14.6. All fragile and highly breakable items must be secured or removed by the Client.

14.7. The Company reserves the right to make any changes to any part of these Terms and Conditions without giving any prior notice. The Company may add to or alter these Terms and Conditions from time to time and any alterations or additions will apply to all business. Please refer to your copy of these Terms and Conditions.

14.8. The Client shall be responsible for the disposal of all waste.

14.9. The employee & company reserves the right to refuse to clean up human or animal excrement, vomit, blood or urine.

14.10. If the employee & The Company agree to clean up human or animal excrement, vomit, blood or urine. The Client agrees that a charge of £200.00 will be added to the cost.

14.11. If the client is to supply materials all materials should be onsite before the commencement of any works. Failure to do this will result in additional costs to the client for any time lost.

14.12 If the client is to supply materials all materials must be checked for damage by the client. We will inform the customer as soon as we notice any damage however we will not accept and liability for any damages.

14.13 If the customer notices any defects within our workmanship this needs to be reported as soon as noticed or within a reasonable timeframe. We will endeavour to repair this within a reasonable timeframe. If we offer an alternative or repair and this is refused by the customer or the customer offers to repair themselves we will then assume the matter is closed.

15. Our Guarantee

15.1 The Company has built its business and reputation by providing its clients with the best possible service available. Still, the Company realises, that because its operatives are human beings, they sometimes make mistakes. For this reason, the Company offers you a guarantee. If the Client is not satisfied with the standard of certain areas after the job is completed, the Company’s operatives will come back to the Client’s home and rectify the problem free of charge.

16. Referral Credit

16.1. Every Client of the Company will receive a one-time credit of £10.00 for referring our services to another Client. Credit will be issued after we receive cleared funds from the new Client.

17.Law

17.1 These Terms are governed by the laws of Scotland, and are subject to the exclusive jurisdiction of the Courts of Scotland.

 

 

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