1                DEFINITIONS

The following words and expressions shall have the meanings hereby assigned to them:

1. “Agreement” shall mean the contract concluded between the Customer and R&R arising from an Order, which shall be subject to these Terms and Conditions;

2. “Customer” shall mean any person or entity that procures or orders Services from R&R;

3. “Delivery” shall be the date and time on which the Services are complete;

4. “Estimate” shall mean an indicative cost of specified Services prepared by R&R;

5. “Order” shall mean the acceptance of a Quotation by the Customer in its entirety;

6.  “Price” shall mean all monies payable by the Customer to R&R for the Services;

7. “Quotation” shall mean a verbal or written offer to undertake Services;

8.  “R&R” shall mean Repair and Restore Limited of Gambols, Barton Road, Thurston, IP31 3PQ

9. “Services” shall mean any work undertaken by R&R or included in any Estimate or Quotation;

10. “Terms and Conditions” shall mean the Terms and Conditions set out in this document.

 

2                AGREEMENT

2.1           The Agreement shall be subject to the Terms and Conditions, which shall supersede all or any other

conditions, implied or agreed verbally or in writing. Variations to the Agreement shall only be deemed valid if confirmed by R&R in writing.

2.2            The parties to the Agreement shall be the Customer and R&R.

2.3            The Agreement shall be deemed effective upon an Order from the Customer.

2.4           Quotations provided by R&R shall remain valid for acceptance by the Customer for a period of 7 (seven) calendar days from the date of issue.

2.5           An Estimate shall not be valid for acceptance by the Customer. In the event that the Customer issues an Order based on an Estimate, the Customer is deemed to have issued an Order of a Quotation for the Services described in the Estimate, the Price for such Services to be calculated by R&R on an ‘hourly rate and materials cost basis’ as used by R&R at the time of the Order.

 

3                SERVICES

3.1           The Services carried out by R&R under an Order shall include only those Services detailed in the Quotation or Estimate. All other Services required by the Customer shall be deemed a Variation to the Agreement, the cost and scope of which shall be agreed by R&R prior to carrying out the work and shall constitute part of the Price

3.2           R&R reserves the right to amend, without notice, the materials and/or repair techniques, in its sole discretion, where such materials and/or repair techniques are specified or implied in the Quotation, Estimate or any other documentation. The materials and/or repair techniques used by R&R are not of the essence of the Agreement and neither party shall be entitled to any Price adjustment where such changes are made.

3.3           The date and time for Delivery of Services shall be agreed between the Parties after the placing of the Order by the Customer. Whilst R&R shall take all reasonable steps to achieve Service Delivery at the agreed time and date, they reserve their right, in their sole discretion to amend such delivery date and time. R&R shall not be liable to the Customer for any costs whatsoever incurred as a result of such changes to the delivery date and time, whether direct, indirect or consequential damages, charges, fines or any other form of cost incurred.

3.4           Neither the date and time for delivery nor any estimate of the time required to complete Service delivery are of the essence of the Agreement.

 

4                PRICE

4.1           The Price for Services as specified in the Quotation is fixed and not subject to adjustment by either party, save for the following:

4.1.1       Where the Quotation was based on a verbal description or photograph provided by the Customer and such verbal description or photograph is not representative of the Services actually required.

4.2.2       Where the Customer requests additional Services and a variation to the Agreement.

4.2.3       Where the Customer does not fulfil his obligations specified in these Terms and Conditions and R&R incurs expenses as a result.

 

5                PAYMENT

5.1            The total Price is due and payable upon Service Delivery.

5.2            Payments shall be via cash, cheque or bank transfer.

 

6                CUSTOMER OBLIGATIONS

6.1            The Customer shall provide, at his own cost:

6.1.1        access to the worksite where the Services are to be Delivered at the times required by R&R;

6.1.2        electricity, water and toilet facilities as required for the Delivery of the Services;

6.1.3        all necessary approvals and permissions required for the Delivery of the Services;

6.1.4        safe storage for R&R’s equipment at the worksite.

 

7                CANCELLATION 

7.1           Orders are subject to written cancellation by the Customer delivered to R&R within 24 hours of placement.

7.2           Where Orders are cancelled after 24 hours, the Customer shall be liable for reasonable costs incurred by R&R

 

8                GUARANTEE

8.1           All Services Delivered by R&R, upon the Price being paid in full, are guaranteed to be free from defects in workmanship for a period of 12 months from Service Delivery.

8.2            Guarantee exclusions:

8.2.1        Patent defects;

8.2.2        External factors outside of normal usage;

8.2.3        Willful damage or negligence

8.2.4        Quotations excluding guarantee for specific conditions

8.3           R&R’s liability for defects in workmanship is limited to the Price for the Services or the Price for that portion of the Services where the defect is evident.

 

9                DEFAULT

9.1           Either party may terminate the Agreement if, after written notice, the other party fails to rectify a material breach of the Agreement, within a reasonable time of such notice being given.

9.2           In the event of termination the Customer shall be liable to R&R for the Price of all Services where Delivery has taken place and a reasonable cost of Services partly delivered.

9.3           Termination of the Agreement shall not prejudice any other rights or obligations of the parties arising from this Agreement.

9.4           In the event of the Customer’s breach of any of the obligations specified in these Terms and Conditions, whether or nor R&R proceeds with termination or elects to proceed with other legal remedies, the Customer shall indemnify R&R against all costs and expenses incurred in the execution of their obligations.

 

10             INDEMNITY

10.1         Whilst R&R shall take all reasonable steps to prevent any damage to the workplace and/or workplace vicinity, the Customer shall indemnify R&R against any damage caused and R&R shall not be liable for any damages or costs incurred by the Customer, whether direct, indirect or consequential.

 

11             GENERAL

11.1         Nothing in these Terms and Conditions shall affect the Customer’s statutory right as a consumer under the Unfair Contract Terms Act 1977

11.2         These Terms and Conditions shall not, in any way, prejudice any condition or warranty, express or implied or any legal remedy to which R&R may be entitled by virtue of any statute, law or regulation.