For commercial jobs under £500. A separate signed contract is issued for jobs over £500.
These Terms and Conditions apply to all quotations, estimates, work orders and services supplied by Nifty Fixes NE Ltd trading as Nifty Fixes North East (the “Trader”) to a business client (the “Client”) where no separate signed contract is issued.
The Client accepts these Terms and Conditions by accepting the quotation or estimate, issuing a purchase order, instructing the Trader to proceed, permitting attendance on site, or otherwise authorising the works.
The Client confirms that it is entering into the agreement in the course of business and not as a consumer.
The person instructing the works on behalf of the Client confirms that they are authorised to bind the Client.
Unless expressly stated otherwise in writing, the Client confirms that it is not a residential occupier for the purposes of section 106 of the Housing Grants, Construction and Regeneration Act 1996.
The agreement consists of the Trader’s quotation, estimate or work order, these Terms and Conditions, and any written variations agreed between the parties.
If there is any conflict between these Terms and Conditions and the quotation, estimate or work order, these Terms and Conditions take precedence, except that the accepted pricing and scope in the quotation, estimate or work order remain part of the agreement unless expressly varied in writing.
Any change to scope, quantities, materials, products, finish, access assumptions or method of working must be agreed in writing before extra work proceeds.
If hidden defects, unsafe conditions or additional scope items are discovered, the Trader may pause the affected work and issue a variation or revised price and/or time allowance before continuing.
Prices are as stated in the quotation, estimate or work order. The Trader is not VAT registered and VAT is not charged unless its VAT status changes.
For jobs under £500, no deposit is required unless otherwise agreed in writing.
Unless otherwise agreed in writing, invoices are payable in full, in cleared funds, within 14 days of the invoice date.
All sums are payable without set-off, counterclaim, deduction or withholding except to the extent required by law or expressly permitted by this agreement.
If any sum due is not paid when due, the Trader may, without prejudice to any other right or remedy: suspend ordering, booking, attendance, delivery or performance; retain unfixed materials until payment is made in full; charge statutory interest, fixed compensation and reasonable recovery costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998; and recover all reasonable costs and expenses incurred in recovering overdue sums, to the extent not already recoverable under that Act.
Where and to the extent the agreement is a construction contract for the purposes of Part II of the Housing Grants, Construction and Regeneration Act 1996: the due date for payment shall be the date of the Trader’s invoice or payment application; the final date for payment shall be 14 days after the due date; the Trader’s invoice or payment application shall, to the fullest extent permitted by law, constitute the payment notice for the relevant sum and, if necessary, the payee’s notice in default; any pay less notice must be served not later than 5 business days before the final date for payment and must specify the sum the Client considers due and the basis of calculation; and if and to the extent any part of this clause does not comply with the Act, the relevant provisions of the Scheme for Construction Contracts (England and Wales) Regulations 1998 shall apply.
The Client acknowledges that the Trader may suspend performance in accordance with this clause and, where applicable, in accordance with section 112 of the Housing Grants, Construction and Regeneration Act 1996.
Risk in unfixed materials, goods and equipment supplied by the Trader passes to the Client on delivery to site or, if earlier, when placed into storage on the Client’s instructions.
Title to all unfixed materials, goods and equipment supplied by the Trader remains with the Trader until the Trader has received in full, in cleared funds, all sums due to it from the Client under this agreement and under any other contract between the parties.
Until title passes, the Client shall keep such goods properly protected and identified as the Trader’s property and shall not sell, charge, pledge or otherwise encumber them.
Nothing in this clause reserves title in any materials or goods once they have been irreversibly incorporated into the site or become fixtures.
The Client shall provide safe and timely access to the site, clear working areas as reasonably required, and any necessary permissions, site instructions, permits or approvals needed for the works.
The Client shall provide all reasonably available pre-construction information, known site hazards, asbestos information where applicable, access restrictions, welfare arrangements and site rules relevant to the works.
The Client shall ensure that the site is reasonably ready for the works and that the Trader has such access, facilities and information as are reasonably necessary to carry out the works safely and efficiently.
Where the Construction (Design and Management) Regulations 2015 apply, the Client shall make the appointments and arrangements required of it by law, provide confirmation on request that a construction phase plan is in place before the construction phase begins, and cooperate with the Trader and any other dutyholders in relation to health and safety information and coordination.
The Trader may rely on information supplied by or on behalf of the Client unless and until the Trader has actual knowledge that such information is materially inaccurate.
If access is not available at the agreed attendance time, the Trader may reschedule and charge a reasonable abortive visit fee. Unless otherwise agreed, the standard abortive visit fee is £60.
If the performance of the works is delayed, disrupted or made more expensive by any act, omission, default or late instruction of the Client; lack of access, restricted access or site conditions not disclosed in advance; delay caused by other contractors, trades or third parties not under the Trader’s control; delayed approvals, selections, decisions, information or permissions from the Client; or hidden defects, pre-existing conditions or matters not reasonably apparent before the works commenced, the Trader shall be entitled to a reasonable extension of time for completion, payment of any reasonable additional cost or loss incurred, and to resequence, postpone or suspend the affected works until the relevant issue has been resolved.
The Trader shall notify the Client as soon as reasonably practicable after becoming aware of the relevant cause of delay, disruption or additional cost.
Once the Client instructs the Trader to proceed, the Trader may order materials, reserve labour and commit administrative time in reliance on that instruction.
If the Client cancels, postpones or materially delays the works after instruction, the Trader may retain or recover the cost of non-returnable or special-order materials, committed supplier costs, reserved labour, reasonable preparatory work and other reasonable direct losses caused by the cancellation or delay.
The Trader will provide reasonable supporting detail for any such charges on request.
Materials and products supplied by the Trader will be as described in the quotation, estimate, work order or any agreed variation.
The Trader will carry out the services with reasonable care and skill.
The Trader provides a 12-month workmanship guarantee from completion in respect of defects attributable to the Trader’s workmanship only.
The workmanship guarantee does not cover misuse, accidental damage, fair wear and tear, third-party interference, defects caused by pre-existing conditions, or defects arising from Client-supplied materials, goods, designs, specifications or instructions.
Practical completion occurs when the agreed works are complete and functional, subject only to minor snagging items that do not prevent normal use.
The Trader will leave the immediate work area reasonably tidy on completion. Deep cleaning, decoration and making good beyond the immediate scope are excluded unless specifically agreed.
The Trader will process personal data relating to the Client’s representatives and other relevant contacts in accordance with its privacy notice, available at https://niftyfixesne.co.uk/privacy or provided on request.
The Trader may take site photographs for quality control, records, compliance and progress documentation. Any use of identifiable images or personal data for marketing purposes will only take place where the Client has given any consent required by law.
Use of non-identifying project images for website or social media portfolio purposes is optional and may be agreed separately.
Nothing in this agreement limits or excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot lawfully be limited or excluded.
Subject to the previous paragraph, the Trader’s total aggregate liability arising out of or in connection with the agreement, whether in contract, tort including negligence, breach of statutory duty or otherwise, shall not exceed the greater of the total price of the works and the amount actually recoverable by the Trader under any relevant policy of insurance maintained by the Trader in respect of the event giving rise to the claim.
Subject to the first paragraph of this clause, the Trader shall not be liable for any indirect or consequential loss; loss of profit, revenue, anticipated savings, production, business, contracts, opportunity or goodwill; business interruption; loss arising from defects in or unsuitability of Client-supplied materials, goods, designs, specifications or instructions; loss caused by hidden defects, pre-existing conditions or matters not reasonably apparent on inspection before the works commenced; or loss to the extent caused or contributed to by the Client, the Client’s personnel, other contractors, or third parties not under the Trader’s control.
Any claim by the Client arising out of or in connection with the agreement must be notified to the Trader in writing as soon as reasonably practicable after the facts giving rise to the claim become known and, in any event, within 12 months of practical completion, save in respect of any liability that cannot lawfully be limited by such a time bar.
Neither party is liable for delay caused by events outside its reasonable control, but the affected party must notify the other as soon as reasonably practicable. Any time for performance affected by such delay shall be extended by a reasonable period.
Any notice under this agreement shall be in writing and shall be delivered by hand, sent by pre-paid first-class post, or sent by email to the addresses set out in the quotation, estimate, work order or invoice, or to any replacement address notified in writing.
A notice shall be deemed received if delivered by hand, at the time of delivery; if sent by pre-paid first-class post, at 9.00 am on the second business day after posting; and if sent by email, at the time of transmission, provided that no delivery failure message is received.
The agreement, together with the quotation, estimate, work order and any agreed written variations or incorporated documents, forms the entire agreement between the parties in relation to the works.
The Client confirms that it has not relied on any statement or representation not set out or expressly incorporated in the agreement, provided that nothing in the agreement limits or excludes liability for fraud or fraudulent misrepresentation.
If any provision is held to be invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid and enforceable and, if such modification is not possible, it shall be deemed deleted. Any such modification or deletion shall not affect the validity or enforceability of the rest of the agreement.
No failure or delay by either party in exercising any right or remedy shall constitute a waiver of that or any other right or remedy.
A person who is not a party to the agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the agreement.
The agreement is governed by the law of England and Wales and the courts of England and Wales shall have jurisdiction, except where Part II of the Housing Grants, Construction and Regeneration Act 1996 gives either party the right to refer a dispute to adjudication.
Where the works amount to construction operations for the purposes of Part II of the Housing Grants, Construction and Regeneration Act 1996, either party may at any time refer a dispute arising under the agreement to adjudication in accordance with that Act.
If and to the extent that any provision of the agreement relating to adjudication, payment, withholding, suspension or notices does not comply with the mandatory requirements of that Act, the relevant provisions of the Scheme for Construction Contracts (England and Wales) Regulations 1998 shall apply.
Any adjudicator’s decision shall be binding until the dispute is finally determined by legal proceedings, arbitration if separately agreed in writing after the dispute has arisen, or written settlement.