Terms and conditions

1 .Parties, Definitions, and interpretations 

In these terms and conditions (the “Terms”) the words and expressions used shall have the meanings as specified:

1. “Us” or “We” or “Our” shall mean Andrew Wroe trading as A J Wroe.

2. “You” and “Your” shall mean the customer. In the event that the customer is  more than one person the obligations and liabilities under this agreement are joint and several.

3. “The Contract” shall mean the agreement between You and Us to carry out the Works to which these Terms shall apply.

4. “The Works” means the works described in Our estimate and/or any other written document issued by Us, as may be varied by agreement in writing between the parties.

5. “The Additional Works” shall mean works that did not form part of the original estimate.

6. For the purposes of these terms, “in writing” or “written” includes by email, WhatsApp or any similar electronic communication platform.

7. This Agreement shall be governed by, and construed in accordance with English law.

2. Your Responsibilities

You will:

1. Provide clear access to allow us to undertake the Works and provide a safe working environment at all times for Us and our employees, agents and sub-contractors engaged for the purpose of carrying out the  Works.

2. Ensure that all furniture, furnishings, fixtures and fittings and other items are removed or suitably protected so that We can carry out our work. Any furniture , furnishings , fixtures and fittings and other items which are not removed are left entirely at Your risk and We shall not be liable for any damage to such items how so ever  caused.

3. Obtain the necessary permissions and consents (for example from Your landlord, lender and/or the Local Authority) that are required before the Works are carried out. By agreeing to the Contract  You warrant that You have obtained such permissions and consents as are required.

4. Obtain any permission necessary to carry out the Works on property belonging to a third party or enter into or upon property belonging to any third party. By agreeing to the Contract You warrant that You have  obtained such consent as may be required.

5. Ensure that We can obtain access to Your property at dates and times agreed with You, Your agent, Your tenant, or any other person.

6. You hereby indemnify Us against any costs incurred by Us or claims brought against Us as a result of Your failure to obtain the permissions and/or consents as described in clauses 2.3 and 2.4 above and/or as a result of any costs or delays incurred by Us due to Your failure to perform any of Your responsibilities under this clause 2.

3. Estimates

1. We shall provide you with a written estimate. For the avoidance of doubt a written estimate is not a fixed price quotation, it is a likely estimate of the costs based on the information made available to Us at the time the estimate was provided. We will use our reasonable endeavours to complete the works within any such cost estimate.

2. We reserve the right to revise any estimate where the scope of the Work changes, there are unforeseen circumstances and/or the Works become unduly complicated and/or protracted for reasons beyond Our reasonable control and/or there is an increase in the price of the materials and/or any tax or duties payable on materials that We supply to You as part of the Works.

3. If during the course of the Works any Additional Works are to be undertaken by Us, We will provide You with an estimate for the Additional Works and will only carry out such Additional Works once we have your  written acceptance. We reserve the right to request money on account of such Additional Works in accordance with clause 7.2.

4. We reserve the right at any point to decline instructions and/or cease to carry out the Works or any Additional Works.

4. Our Liability

Our liability to You shall, except where such limitation is excluded by law, be limited to the lower of £10,000 or the total value of the specific Works and Additional Works paid for by You under this Contract. As a business we hold public liability insurance to a minimum value of £1,000,000.

5. Exclusions

We do not undertake any structural or other type of building survey. If the Works and/or the Additional Works cannot be completed because of structural or other defects to Your property then we are not liable for this or for any damage caused as a result of structural defects to Your property.

6. Retention of Title

1. Any materials supplied by Us under the Contract remain Our legal property until the Contract has been paid in full by You.

2. You accept that We have the right to re-possess any tools or materials that are not paid for in full by You. You agree to grant Us the right of entry to collect/ reclaim any materials or tools owned by Us.

7. Payment

1. Full payment is due by You on completion of the Works. Late payment will incur a daily fee of £2.50 for each day of delay in Us receiving payment from You.

2. Notwithstanding clause 7.1 We reserve the right to request payment on account no less than 7 days prior to commencing work of 50% of the cost of the Contract should We be required to supply materials and/or goods as part of the Works. Payment may be requested earlier where bespoke/ specialist or long lead time items are required.

3. We reserve the right to recover any legal costs incurred in the recovery or attempted recovery of any monies due by You to Us or the recovery any of Our materials or tools held by You.

8. Entire Agreement

1. All work undertaken by Us and orders and instructions given by You are governed by these Terms. These Terms supersede any other terms appearing elsewhere and override and exclude any other terms stipulated incorporated or referred to whether in instructions, negotiations or any course of dealing.

2. Nothing in this Contract is intended to confer on any person any right or benefit to a third party and accordingly a person who is not a party to the Contract will have no right to enforce any of its terms.

9. Force Majeure

We will use all reasonable endeavours to carry out the Works on the agreed dates and/or within the Contract but shall not be liable should it be either impossible or impracticable to carry out the Works as agreed by reason of strike, industrial dispute, act of God or any other event or occurrence that is beyond Our reasonable control.