TERMS AND CONDITIONS

Definitions

For the purpose of this document, the following terms shall have the meanings assigned to them:

1. HMC – Refers to Harrogate Maintenance Company.
2. Customer(s) – Refers to the person or organization for which HMC agrees to carry out work and/or supply materials.
3. Operative(s) – Refers to the representative(s) appointed by HMC.
4. Quote or Estimate – Refers to the pricing document(s) provided by HMC to the customer.
5. Work(s) – Refers to the tasks the customer has instructed HMC to undertake.

Project and Maintenance

HMC reserves the right to refuse or decline work at its discretion. Where HMC agrees to carry out work for the customer, those works shall be undertaken by the designated Operative of HMC at its absolute discretion.

• If a project is presented as The Estimate, it is a variable-cost project where time spent on tasks is recorded and billed accordingly.
• If a project is presented as The Quote, it is a fixed-price project where the quoted time and cost are final, except for:
  1. Estimated prices or quantities of materials explicitly noted as such.
  2. Changes in design.
  3. Items marked with “PS” (Provisional Sum), indicating incomplete design details.

The customer acknowledges that any increase in supplier costs for listed parts beyond HMC’s control, or any errors in the manifest when the estimate or the quote was prepared, may be passed on to the customer.

HMC will not leave the site for more than two consecutive days without prior discussion and agreement with the customer. Work will be carried out with skill, care, and attention. Any delays affecting completion will be discussed and agreed upon with the customer.

All materials supplied will be new and fit for purpose unless agreed otherwise. Until full payment is made, all materials supplied remain the property of HMC. Tools and materials left on-site during work, and not accounted for in work, shall remain HMC’s property.

The customer is responsible for ensuring a clear worksite, including:

• Unblocking paths or driveways.
• Removing necessary furniture, fixtures, and fittings (unless otherwise stated in the estimate or the quote).
• Providing access to water, electricity, and WC facilities.
• Providing parking permits for the necessary number of vehicles for the project duration.

Working Arrangements

• All prices are based on free access and unimpeded working conditions during normal hours (8 AM – 6 PM Mon-Fri, 8 AM – 1 PM Sat) unless otherwise agreed.
• Prices are subject to VAT at the prevailing rate.
• Variations to the estimate or the quote must be agreed upon in writing via email, including any additional costs or time required.
• HMC is responsible for any damage to the customer’s property caused by HMC’s actions. Any remedial work will be limited to the specific area affected.
• HMC holds all necessary insurance policies, including Public Liability, Professional Indemnity, Employers’ Liability, All Risk, and Cyber Insurance. Evidence is available upon request.
• Site safety and tidiness will be maintained throughout work. Waste removal and disposal will comply with legal requirements and will be included in the quote or the estimate.

Payments

The customer agrees to pay HMC as per the agreed amounts and schedule. In some cases, advance payments may be required. HMC will issue VAT invoices at each payment stage. Final payments must be made on the day of completion or as per the agreed method. Any overdue invoices will incur interest at 8% above the base rate of Lloyds Bank.

If a project start date is agreed upon, HMC will make every effort to ensure operatives attend on time. However, HMC is not liable for delays or non-attendance of staff or materials.

The customer is solely liable for payment unless they disclose, at the time of instruction that they are acting on behalf of a third party, such as a company or partnership, which must be named in the quote or the estimate.

Guarantees

• HMC guarantees all materials and labor for one year from completion against defects or substandard workmanship. Additional guarantees may be offered for specific projects.
• Any faults within this period will be rectified free of charge. Completion is defined as the final working day on-site.
• The guarantee becomes void if:
  1. The customer misuses or neglects the work or materials.
  2. The work is modified, repaired, or tampered with by anyone other than authorized operatives of HMC.
• HMC accepts no liability for materials supplied by the customer or any resulting damages due to their use.

Termination

The customer may terminate the contract by written notice if HMC:

1. Fails to carry out work with reasonable skill, care, and attention or unjustifiably stops work.
2. Fails to follow the customer’s instructions within 14 days of written notice.
3. Enters bankruptcy or liquidation.

Confidentiality and Legal Compliance

Both parties agree to maintain confidentiality regarding all contract-related information and to comply with UK General Data Protection Regulations (GDPR).

This Agreement shall be governed by and construed in accordance with the laws of England, without giving effect to any conflict of law provisions.