For domestic customer 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 domestic customer (the “Customer”) where no separate signed contract is issued.
The Customer accepts these Terms and Conditions by accepting the quotation or estimate, paying a deposit, asking the Trader to proceed, permitting attendance on site, or otherwise authorising the works.
The agreement consists of the Trader’s quotation, estimate or work order, these Terms and Conditions, and any written variations agreed between the parties.
The Customer enters into the agreement wholly or mainly for purposes outside their trade, business, craft or profession. Nothing in these Terms and Conditions affects the Customer’s statutory rights.
The quotation or estimate sets out the main scope, price and assumptions for the works.
If there is any inconsistency between these Terms and Conditions and the quotation or estimate, the wording that gives the Customer greater protection, or more accurately reflects the services agreed, will apply unless the parties later agree a lawful written variation.
Any change to scope, quantities, products, finish, method, access assumptions or programme 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 the Trader’s VAT status changes.
For jobs under £500, no deposit is required unless otherwise agreed in writing.
Unless otherwise agreed in writing, the full balance is due on the final invoice and payable on receipt.
The Trader may suspend further work or ordering if sums properly due are not paid when due.
Nothing in this clause limits any right the Customer may have to withhold payment or pursue a remedy where entitled by law.
Where the agreement is a distance contract, the Customer may have a legal right to cancel within 14 days after the day the agreement is entered into, unless a statutory exception applies.
The Trader will provide the Customer with the required cancellation information and a model cancellation form on a durable medium.
If the Customer asks the Trader to begin services during the cancellation period, or to order non-returnable or special-order materials during that period, the Customer must make an express request in writing.
If the Customer cancels after services have begun following that request, the Customer must pay for the services supplied up to cancellation and, where lawful, for any goods or materials already used or any non-returnable or special-order items ordered at the Customer’s express request.
If the services are fully performed within the cancellation period following the Customer’s express request, the Customer will lose the right to cancel once full performance is completed.
The Trader will provide the Customer with the required contract information, cancellation information, model cancellation form, and confirmation of the agreement on a durable medium, including by email and/or through the digital signing platform where the Customer can access and retain an unchanged copy.
If the Customer cancels, postpones or materially delays the works after any statutory cooling-off period has expired, or where no statutory cooling-off right applies, the Trader may retain or recover only such amount as is fair and reasonable to cover direct losses caused by the cancellation, postponement or delay.
Those direct losses may include non-returnable or special-order materials, supplier cancellation or restocking charges, reserved labour or subcontractor costs, permit or parking costs already committed, and reasonable preparatory work already carried out.
The Trader will take reasonable steps to reduce those losses and will provide reasonable supporting detail on request.
Any unused balance of any advance payment will be refunded. If the direct losses fairly attributable to the cancellation, postponement or delay exceed any amount already paid, the excess remains payable by the Customer.
If the Trader cancels the agreement without fault by the Customer, any unapplied advance payment will be refunded.
The Customer must provide safe and timely access to the site, clear working areas as reasonably required, and any necessary permissions or site instructions needed for the works.
The Customer must notify the Trader in advance of hazards, restrictions, access procedures, permits, alarms or other relevant site conditions.
The Customer must ensure that any customer-supplied products, if agreed, are available on time and suitable for use.
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.
Any change to scope, quantities, products, finish or method must be agreed in writing before extra work proceeds.
If hidden defects, unsafe conditions or scope items outside the accepted quotation or estimate are discovered, the Trader will notify the Customer and provide a variation or revised price and/or time allowance before continuing with those additional works.
Materials and products supplied by the Trader will be as described in the quotation, estimate or any written 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 Customer-supplied items.
This workmanship guarantee is provided in addition to, and does not affect, the Customer’s statutory rights.
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 contact data in line with its privacy policy, 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 Customer 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.
If the Customer has any complaint about the services, the Customer should contact the Trader as soon as reasonably possible at hello@niftyfixesne.co.uk or by post at the Trader’s registered office, giving reasonable details of the complaint and, where helpful, photographs or other supporting information.
The Trader will investigate the complaint and aim to respond within 5 working days, or within a reasonable time if the matter is more complex.
If the Trader and the Customer cannot resolve the complaint through the Trader’s internal complaint handling procedure, the Trader will inform the Customer on a durable medium that the complaint cannot be settled, identify an ADR entity that would be competent to deal with the complaint, provide that ADR entity’s website address, and state whether the Trader is obliged, or prepared, to use that ADR procedure.
Nothing in this clause prevents either party from seeking any other remedy available to them by law.
Nothing in these Terms and Conditions limits or excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be limited or excluded.
Nothing in these Terms and Conditions affects the Customer’s statutory rights.
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.
The agreement, together with the quotation or estimate and any agreed written variations, forms the agreement between the parties.
The agreement is governed by the law of England and Wales. Nothing in the agreement affects any rights the Customer may have to bring a claim in any court or forum available under applicable law.
Complete and return this form only if you wish to cancel the agreement.
To: Nifty Fixes NE Ltd trading as Nifty Fixes North East, Office 3, Armadillo Self Storage, 5 Industry Road, Newcastle upon Tyne, NE6 5XB. Email: hello@niftyfixesne.co.uk
I/We hereby give notice that I/We cancel my/our contract for the supply of the following services:
____________________________________________________________
Contract entered into on: ____________________________________
Customer name(s): __________________________________________
Customer address: __________________________________________
____________________________________________________________
Signature of Customer(s) (only if this form is notified on paper):
____________________________________________________________
Date: ____________________________________
If the agreement is a distance contract, the Customer may have a legal right to cancel within 14 days after the day the agreement is entered into.
If the Customer wants the Trader to begin the services before that 14-day cancellation period has ended, the Customer must make an express request for an early start.
If the Customer cancels after the services have begun, the Customer must pay for the services supplied up to the date of cancellation.
If the services are fully performed within the cancellation period after the Customer’s express request, the Customer will lose the right to cancel once full performance is completed.
[ ] I expressly request Nifty Fixes NE Ltd trading as Nifty Fixes North East to begin the services before the end of the 14-day cancellation period.
[ ] I expressly request that, where necessary, the Trader may order any non-returnable or special-order materials required for the services during the 14-day cancellation period.
[ ] I understand that if I cancel after making that request, I may be required to pay, where lawful, for any non-returnable or special-order materials ordered at my express request.
[ ] I understand that if I cancel after the services have begun following my express request, I must pay for the services supplied up to the date of cancellation and, where lawful, for any non-returnable or special-order materials ordered at my express request.
[ ] I understand that if the services are fully performed within the 14-day cancellation period, I will lose my right to cancel.