PLEASE READ BEFORE USING OUT SERVICES

 

By using our services, you are agreeing to these terms and conditions. You’re also agreeing to our: Terms of Use, Privacy and Cookie policies.

Terminology

• “Us/We/Our” refers to Maintenance Pro.
• “You” refers to you: the customer (the individual or organisation for whom we agree to carry
out work and/or supply or materials).
• “Tradesperson/tradespeople” refers to the representative(s) appointed by Maintenance Pro to carry out work.

Definitions and interpretation of Terms set in our T&C’s source document.

The following terms and conditions (which are referred to in this document as “these terms”),
“Customer” means the customer for whom the Works are to be carried out by Maintenance Pro,

“Maintenance Pro” means Maintenance Pro Ltd.

“Contract” means the agreement between the Customer and Maintenance Pro 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 Maintenance Pro, Accepting the contract means
accepting the terms and conditions of the agreement set by Maintenance Pro.

 

“Works” means the works described in Maintenance Pro’ s estimate and/or as referred to in Maintenance Pro’ s Work Detail Sheet or any other document or email issued by Maintenance Pro, as may be varied by agreement in writing between the parties. For the purposes of these terms, “in writing” and “written” include 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 also include the plural number, where the context so requires.

  1. General
    • The Customer will be treated as an Account Customer or a Non-Account Customer, according to Maintenance Pro’ s reasonable discretion. In definition, a customer is anyone whom we have an account with, or some form a non-verbal agreement with as defined in our definition and interpretation section of our T&C’s.
    • All estimates and quotations given by Maintenance Pro, all orders and instructions given by the Customer, and all work authorisations, 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 Maintenance Pro and the Customer, except where these terms are a schedule to a signed Agreement between the Customer and Maintenance Pro, in which event these terms apply only to the extent not inconsistent with that Agreement.
    • Maintenance Pro reserves the right to refuse or decline work at its own discretion. Where Maintenance Pro agrees to carry out works for the Customer those works shall be undertaken by the designated operative of Company at its absolute discretion.
    • 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.
    • These Terms and Conditions shall be governed and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Courts.
  1. What Do We Mean by “Services”?
    Anything offered by Maintenance Pro, across all the trades we cover (Plumbing, Heating, Drains, Bathrooms, Electrics, Carpentry, Roofing, Building, Emergencies and Commercial):- Enquiries

–  Estimates

– Project Work

–  Installations

–  Repairs

–  Emergency Call Outs

–  Servicing

–  Guarantees

 

  1. CHARGES BY TIME TAKEN
    • The total charge to the Customer shall consist of the cost of materials supplied by Maintenance Pro (not exceeding the purchase price of materials + 15%) in addition to the amount of time spent by the operative in carrying out works both onsite and offsite (including all reasonable time spent in obtaining unstocked materials) charged in accordance with Maintenance Pro’s prevailing rate card.
    • At the time of booking, our schedulers will estimate to the best of their ability and based on the information provided by the Customer the likely duration and scope of the work to be carried out. The tradesman will reassess the scope of work on arrival and on-going through the work and, if further time is likely to be required, will inform The Client as soon as possible of any changes and the reasons for them.
    • The Client shall only be charged for the time spent related to the Client’s work. The Client will be charged for all half hour periods fully or partly used (subject to a minimum of 1 hour for specialist services).
    • All charges are subject to VAT at the prevailing rate.
    • Parking and Congestion Charge costs will be passed on to the Client at cost.
    • Unless otherwise stated, the price and all estimates and Quotations provided by Maintenance Pro are shown inclusive of Value Added Tax at the prevailing rate. In any situation where Quotations state that Value Added Tax is excluded it will be payable in addition where properly chargeable.
    • less otherwise specified by Maintenance Pro 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 Maintenance Pro.  Maintenance Pro’s final price will be calculated on the basis specified in the estimate, if any, or if none, in accordance with Maintenance Pro’s Schedule of Rates applicable at the time the Works are carried out and may be increased above or reduced below the specified price.  Furthermore, Maintenance Pro reserves the right to increase the price before carrying out the Works by an amount equivalent to any increase to Maintenance Pro in the cost of relevant materials, labour, parking, equipment hire or transport since the date upon which Maintenance Pro’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 Contract provided it does so before the Works are begun, any relevant materials are ordered or any relevant equipment is hired.
    • Any estimate which may be given either verbally or in writing by Maintenance Pro is subject to withdrawal by Maintenance Pro at any time before receipt of an unqualified acceptance from the Customer and shall be deemed to be withdrawn unless so accepted within thirty (30) days from its date

 

  1. Faulty Finding
    By definition, it is impossible to predict correctly how long it will take to find and solve an unknown problem. Maintenance Pro will advise an initial visit to start investigating the problem. If the problem is not found in this initial visit, the tradesman will outline what investigation has taken place and what the next steps will be. This initial visit is fully chargeable on the basis that work and expertise have been brought to bear on the issue and that progress has been made towards the solution through the ruling out of certain possibilities. Maintenance Pro may then advise a further booking to continue the investigation.
  2. Fixed Price Work
    • Fixed half- or full day rates: Half- or full day fixed price rates are discounted and apply, if thus booked, regardless of whether the time taken for the job is less than the time booked, at Maintenance Pro’s discretion.
    • If the work takes longer than the designated 4 or 8 hour duration, then labour charges will be added at Maintenance Pro’s rolling half-hourly rate as per [3] above.
  • Quote work: Fixed Price Quotes shall be presented as a firm cost payable by the Client. It is subject to change / variation in the following circumstances: If the Client changes the scope or scale of works subsequent to the signing of the quote.
  • If the price of materials is increased subsequent to the signing of the quote but before purchase
  • If it becomes clear before or during completion of works that hidden issues have come to light which could not have been anticipated at the time of signing eg: problems inside a wall or under a floor
  • If there is a clear and manifest error in the quote in which case the law of quantum meruit applies
  • Parking / congestion charge costs will be added to the bill once the final payment falls due and do not constitute part of the fixed price quote.
  • All variations to fixed price quotes must be made in writing. Orally agreed changes are not enforceable by either party.
  • On agreement of a fixed price quote, 50% of the consideration will be due ahead of the work commencing with the balance being due on completion. All quotes must be seen and agreed personally by the individual responsible for settling the bill as well as any representative thereof.
  • Cancellation of formally agreed quoted work: If the Customer cancels their instructions after formally accepting quoted work prior to any work being carried out or materials supplied then the Customer shall be liable for any related expenditure on both labour and materials.
  1. Cancellation
    • If you need to cancel (or rearrange) your booking, you must notify us (preferably by telephone) by the end of the working day before the scheduled booking. Cancellations made further in advance should also be made by telephone, and you should request written confirmation from us, so that you are not liable to be charged.
    • Cancellation on the day the work is scheduled to be carried out is subject to the minimum charge for the service booked (first 30 minutes for Handyman and first hour for specialist services) at Maintenance Pro’s discretion.
    • Cancellation of work once the tradesman has arrived on site, assuming all reasonable efforts have not been made to alert Maintenance Pro in advance, or if the tradesperson is unable, through no fault of their own, to gain access to the Customer’s premises to carry out the Works, will incur the full cost of the booked appointment, at the discretion of Maintenance Pro.
    • All cancellation penalties will also include the cost of any materials purchased for the purpose of the proposed work if that work is not subsequently rescheduled and the materials used therein.
    • These cancellation conditions shall apply irrespective of the Works having been booked by the Customer or by someone acting on the Customers behalf e.g. tenant.
  2. Payment
    • Payment is due at the end of the visit or as soon as practicably possible thereafter. Payment must be made by cheque, card, Cash or BACS.
    • For account / invoice / credit customers, the Invoice is due for payment within 30 days of Maintenance Pro’s issue of the invoice.
    • Upon completion of work you will be invoiced, for which payment is due on receipt. Maintenance Pro reserves the right to accrue and charge interest on any part of an invoice which remains unpaid at a rate of 4% over the base rate until payment is received by us in full.
    • Persistent failure to settle an account may result in legal proceedings to recover the monies due to Maintenance Pro.
    • Maintenance Pro shall not be required to issue or deliver any certificates, guarantees or other similar documents regarding the Works until payment has been made in full.
    • 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 Maintenance Pro has agreed otherwise in writing.
  1. Complaints
    • Maintenance Pro is committed to providing professional, top quality service to every customer. If, after we have carried out the work, you are not wholly satisfied with our service(s) you must provide us with written notice within 60 days. You must allow us, and our insurers, the opportunity to both inspect and carry out remedial work where appropriate. If you fail to notify us, as outlined above, then we will not be liable in respect of any defects in the work carried out.
    • If the Client chooses instead to rectify any issues through a third party regardless of whether they first notify Maintenance Pro, Maintenance Pro takes no responsibility either for the workmanship or the costs of the third party.
    • In the event of 8.2 above the bill for Maintenance Pro’s work remains payable in full on the basis that Maintenance Pro’s offer to rectify any genuine shortcomings for free still stands.
    • The Customer accepts that if he/she fails to notify Maintenance Pro as aforesaid then Maintenance Pro shall not be liable in respect of any defects in the works carried out.
  2. Indemnity
    • The Customer shall indemnify Maintenance Pro against all actions, suits, claims, demands, losses, charges, costs, and expenses which The Company may suffer or incur in connection with a claim by any third party resulting from a breach of the Customer’s obligations, undertakings, representations and warranties in connection with this Contract.
  3. Liability
    • We will only be liable for rectifying our own guaranteed work and will not be held responsible for any ensuing damage or claims resulting from other work overlooked or subsequently requested and not undertaken at the time.
    • We will not be held liable or responsible for any damage or defect resulting from work not fully guaranteed, or where recommended work has not been carried out. Work will not carry a guarantee where you have been notified by the tradesperson either verbally or indicated in ticked boxes or in our comments/recommendations.
    • We shall not be held liable for any delay, or consequences of any delay, in performing our obligations if such a delay is due to any cause beyond our reasonable control and we shall be entitled to reasonable time extensions.
    • We will be entitled to fully recover the costs or damages from any tradesperson whose negligence or faulty workmanship makes us liable to pay for those damages or rectification of work.
    • You will be solely liable for any hazardous situation in respect of the Gas Safe Regulations or any Gas Warning Notice issued by a Maintenance Pro Our tradespeople operate under their own individual Gas Safe Registration and, as such, are solely responsible for any gas related work and subsequent liability.
  4. Time Keeping
    • Where the date and/or time for work to be carried out is agreed, we will use reasonable endeavour to ensure that the tradesperson attends accordingly. We accept no liability in respect of the non-attendance or late-attendance on site of the tradesperson, or for the late or non-delivery of materials.
  5. Permits, Licences, other Consents and Access
    • It is the responsibility of the Customer to obtain all permits, licences and other consents in connection with the Works unless Maintenance Pro agrees otherwise in writing. The Customer shall provide clear access to enable Maintenance Pro staff to undertake the Works and will make all necessary arrangements with the proper persons or authorities for any traffic controls and signals required in connection with the carrying out of the Works.
    • The Customer will at all times provide a safe working environment for Maintenance Pro and its employees, agents and sub-contractors for the purposes of carrying out the Works. Maintenance Pro will not be required to enter any property when they are occupied but the only occupant is a minor.
    • The Customer will provide all the necessary power and clean water supply for Maintenance Pro’s use in the execution of the Works.
    • Where applicable to drainage works, the Customer will provide, if possible, a plan showing drain layout. If this is not available, Maintenance Pro reserves the right to render additional charges at the relevant applicable rate in accordance with above if a blockage occurs in drains not covered by the specifications or if it is necessary to trace unidentified drains to complete the works.

 

  1. FORCE MAJEURE
    • Maintenance Pro will use all reasonable endeavours to carry out the Works 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 Works on the agreed dates or at all, by reason of strike, lock out, industrial dispute, act of god or any other event or occurrence beyond Maintenance Pro’s control. 
  2. Offers and Incentives
    • On an ongoing basis, at our discretion, we promote a selection of offers and incentives, these will be clearly defined including any specific terms & conditions. Offers and incentives may only be used in conjunction with each other at our discretion.

 

  1. WAIVER OF TERMS AND CONDITIONS
    • These terms & conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing by a duly authorised representative of Maintenance Pro & by the Customer. Further, these terms & conditions shall prevail over any terms & conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering into a contact with Maintenance Pro the Customer agrees irrevocably to waive the application of any such terms & conditions.