TERRY HEALY GROUP LTD

BACKGROUND:

 These Terms and Conditions are the standard terms which apply to the provision of building services by Terry Healy Group Ltd (“the Trader”) to customers who require building services to be provided at their home.

These Terms and Conditions apply where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.

  1. Definitions and Interpretation
    • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Agreed Times” means the times which You and We agree for the Builder to have access to the Property to complete the Job;
“Agreement” means the contract into which You and We will enter if You accept the Quotation. The Agreement will incorporate, and be subject to, these Terms and Conditions. Our standard form of Agreement is attached as Schedule 1;
“Builder” means Us or Our employee who will be responsible for providing the Building Services;
“Building Services” means the building services (including roofing, joinery and any additional maintenance and property remedial works) We will provide as specified in the Agreement;
“Business” means any business, trade, craft or profession carried on by You or any other person/organisation;
“Consumer” means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Trader who receives Building Services for their personal use and for purposes wholly or mainly outside the purposes of any Business;
“Deposit” means the deposit You will be required to pay in accordance with Clause 5;
“Final Fee” means the total of all sums You must pay which will be shown on the invoice issued in accordance with Clause 6 of these Terms and Conditions.
“Job” means the complete performance of the Building Services;
“Model Cancellation Form” means the model cancellation form attached as Schedule 2;
“Order” means Your initial request for Us to provide the Building Services as set out in Clause 4;
“Products” means the products required for the provision of the Building Services which We will supply (if any) as specified in the Agreement;
“Property” means Your home, as detailed in the Order and the Agreement, at which the Job is to take place;
“Quotation” means the quotation. We may also use the word ‘estimate’ which will also mean the same as ‘quotation’ We give to You in accordance with Clause 4 detailing the services We will provide to You and the fees We will charge;
“Quoted Fee” means the fee set out in the Quotation which may change according to the actual work undertaken as set out in Clause 6 of these Terms and Conditions;
“Start Date” means the date You and We agree on for Us to start providing the Building Services as specified in the Agreement;
“Visit” means any occasion, scheduled or otherwise, on which the Builder visits the Property to provide the Building Services;
“We/Us/Our” means the Trader and includes all employees, agents and sub-contractors of the Trader;
“Work Area” means the part of the Property where the Building Services are to be provided;
“You/Your” means a Consumer who is a customer of the Trader.
  • Each reference in these Terms and Conditions to “writing”, and any similar expression, includes electronic communications whether sent by e-mail, text message, fax or other means.
  • Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.
  • Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions.
  • Each reference to a Schedule is a reference to a schedule these Terms and Conditions.
  • The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
  • Words signifying the singular number will include the plural and vice versa.
  • References to any gender will include the other gender.
  • References to persons, unless the context otherwise requires, include corporations.
  1. Information about Us
    • We are a Terry Healy Group Ltd.
    • We are registered in Scotland under number SC471403.
    • Our registered office is at Office 5, Vineyard Business Centre, Pathehad, Midlothian, EH37 5XP.
    • Our VAT number is 244824403.
  1. Communication and Contact Details
    • If You wish to contact Us with questions or complaints, You may contact Us by telephone at 0131 516 3040 or by email at info@terryhealygroup.com.
    • In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions). When contacting Us in writing You may use the following methods:
      • contact Us by email at info@terryhealygroup.com; or
      • contact Us by pre-paid post at Terry Healy Group Ltd, Office 5, Vineyard Business Centre, Pathhead, Midlothian, EH37 5XP.
  1. Orders
    • We accept orders for Building Services through postal mail, email, telephone and via social media.
    • When placing an Order You should set out, in detail, the Building Services required. Details required include the location and size of the Property, the number and type of rooms in which work is required and the type(s) of work required.
    • Once the Order is complete and submitted We will prepare a Quotation and send it to You either by email or first class post. The Quotation will set out the required Deposit and fee (see Clauses 5 and 6).
    • You may make changes to the Order and Quotation before accepting it. You may accept the Quotation by telephone, email or postal mail.
  1. Deposit
    • At the time of accepting the Quotation You must pay Us a Deposit. The Deposit will be at least 30% of the estimated fee.  We will not confirm an Order until the Deposit is paid in full.
    • The Deposit is non-refundable except as set out in Clauses 12, 13 and 14.
  2. Fees and Payment
    • The Quoted Fee will include the price payable for the Building Services and for the estimated Products required.
    • We will where reasonably possible use only the Products (and quantities of Products) set out in the Quotation and the Agreement; however, if additional Products are required We will adjust the Final Fee to reflect this. We will keep any increases to a necessary minimum.
    • If the price of Products or services increases during the period between Your acceptance of the Quotation and the Start Date, We will inform You of the increase and of any difference in the Final Fee.
    • The Quoted Fee and the Final Fee are inclusive of VAT. If the rate of VAT changes We will adjust the amount of VAT that You must pay.
    • We will invoice You when the Job has been completed.
    • You must pay any invoice within 3 days of receiving it.
    • We accept the following methods of payment:
      • Bank Transfer ONLY;
    • If You do not pay an invoice by the due date We may charge You interest on the overdue sum at the rate of 10% above the base rate of Bank Of England from time to time until payment in full is made. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.
    • If You have promptly contacted Us to dispute an invoice in good faith We will not charge interest while such a dispute is ongoing.
  1. Building Services
    • Before We start the Job We will carry out a full inspection of the Property to check that the Building Services are appropriate for the Property, practical and can be carried out safely.
    • We will provide the Building Services in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by agreement between You and Us from time to time).
    • We may provide sketches, plans, diagrams or similar documents in advance of the Job. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Job nor to guarantee specific results.
    • We will use reasonable endeavours to ensure that the Products We use match those chosen by You and are consistent throughout the Property (or relevant parts of the Property). However, We cannot guarantee the quality or consistency of the Products.
    • We will ensure that all Products comply with any relevant standards and are in a satisfactory condition at the time of use.
    • We will ensure that the Building Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best trade
    • We will notify You in advance if the work We are doing is likely to affect the Property outside of the Work Area and We will advise You of any remedial work You are likely to have to carry out. If further remedial work is needed, beyond the scope of the advice we gave You, We will carry it out at Our expense.
    • We will ensure that We comply with all relevant codes of practice.
    • We will ensure that furniture, flooring and walls in the Work Area that are not being worked on as part of the Job are suitably covered and protected for the duration of the Job.
    • We will properly dispose of all waste that results from Our provision of the Building Services.
    • If We cause any damage during the course of the Job We will repair the damage before completing the Job.
    • If any inspections are required following completion of the Job We will arrange for the inspections to be carried out.
    • Where a Job is to last for more than one working day, the Builder will where reasonably possible leave the Property in a clean and tidy state and minimise any disruption to Your use and enjoyment of the Property while work is being carried out. We will wherever possible store all tools and materials only in the Work Area or remove them from the Property at the end of each working day.
    • Before the Job is completed We will work with You to produce a snag list identifying any faults or defects in Our work which we need to put right before completion of the Job. We will not be responsible for any defects which result from the work of third party contractors over whom We have no control.
  1. Guarantee
    • We guarantee that the product of the Building Services provided will be free from material defects for a period of 12 months following completion of the Job.
    • If any defect in the product of the Building Services appears during the guarantee period set out in sub-Clause 8.1 We will rectify the defects free of charge.
  1. Your Obligations
    • If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, You must obtain them before we begin to provide the Building Services.
    • If any party wall agreements are needed, You must enter into those agreements before we begin to provide the Building Services.
    • You will ensure that the Builder can access the Property at the Agreed Times to provide the Building Services.
    • You may either give the Builder a set of keys to the Property or be present at the Agreed Times to give the Builder access. We promise that all keys will be kept safely and securely by the
    • You must ensure that the Builder has access to electrical outlets and a supply of hot and cold running water.
    • You must ensure that the Work Area is kept clear of furniture and other items and out of use for the duration of the Job unless We direct otherwise.
    • If You do access the Work Area at any time during the course of the Job You must observe all relevant health and safety rules and must comply with any additional instructions the Builder gives You.
    • Unless redecoration following completion of building work forms an agreed part of the Building Services, You will be responsible for any redecoration required.
    • You must give Us at least 24 hours notice if You do not require the Builder to provide the Building Services on a particular day or at a particular time. We will not invoice for cancelled Visits provided such notice is given.  If less than 24 hours notice is given We will invoice You at the normal rate.
  1. Complaints and Feedback
    • We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
    • All complaints are handled in accordance with Our complaints handling policy and procedure……..
    • If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
      • In writing, addressed to Terry Healy Group Ltd, Office 5, Vineyard Business Centre, Pathhead, Midlothian, EH37 5XP;
      • By email, addressed to Terry Healy Group Ltd, info@terryhealygroup.com;
      • By contacting Us by telephone on 0131 516 3040
  1. Changing the Start Date
    • If You ask Us to change the Start Date:
      • We will where reasonably possible agree a revised Start Date with You;
      • If it is not possible to agree a revised Start Date either You or We may terminate the Agreement (see Clause 14).
    • If We ask You to change the Start Date, You may either:
      • agree a revised Start Date with Us; or
      • terminate the Agreement (see Clause 14).
  1. Cancellation of Contract During the Cooling Off Period
    • Where the Agreement is not made “on Our premises”, You have a statutory right to a “cooling off” period. This period begins once the contract between You and Us is formed and ends at the end of 14 calendar days after that date.
    • If You wish to cancel the Agreement within the cooling off period You should inform Us immediately by a clear statement (e.g. a letter sent by post, fax or email to the postal address, fax number or email address specified in these Terms and Conditions). You may use the Model Cancellation Form, but You do not have to.
    • To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired.
    • If You exercise the right to cancel You will receive a full refund of any amount paid to the Us in respect of the contract.
    • We will refund money using the same method used to make the payment, unless You have expressly agreed otherwise. In any case, You will not incur any fees as a result of the refund.
    • We will process the refund due to You as a result of a cancellation without undue delay and, in any case, within the period of 14 days after the day on which We are informed of the cancellation.
    • If the Start Date falls within the cooling off period You must make an express request for provision of the Building Services to begin within the 14 calendar day cooling off period. By making such a request You acknowledge and agree to the following:
      • If the Job is completed within the 14 calendar day cooling off period, You will lose the right to cancel once the Job is completed;
      • If You cancel the Agreement after provision of the Building Services has begun You will be required to pay for the Building Services supplied up until the point at which You inform Us of Your wish to cancel;
      • The amount due will be calculated in proportion to the full price of the Building Services and the actual Building Services already provided. Any sums that have already been paid for the Building Services will be refunded subject to deductions calculated on this basis;
      • We will process any refund within 7 working days and in any event no later than 14 calendar days after You inform Us of Your wish to cancel.
    • Clauses 13 and 14 apply to termination of the Agreement after the 14 calendar day cooling off period has elapsed.
  1. Cancellation Before the Start Date
    • In addition to Your rights in Clause 12 relating to the cooling off period, You may terminate the Agreement (i.e. cancel the Job) at any time before the Start Date as follows:
      • If You cancel the Job more than 28 days before the Start Date We will refund the Deposit and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of cancellation.
      • If You cancel the Job less than 28 days before the Start Date We will retain from the Deposit a sum to cover any net financial loss that We suffer due to the cancellation. We will refund the balance of the Deposit to You as soon as is reasonably possible, and in any event within 14 calendar days of If Our net financial loss is more than the amount of the Deposit, We will invoice You for the shortfall and You will be required to make payment in accordance with Clause 6.
    • We may need to terminate the Agreement before the Start Date due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform You as soon as is reasonably possible. We will refund the Deposit and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of
  2. Termination
    • You may terminate the Agreement with immediate effect by giving Us written notice if:
      • We have breached the Agreement in any material way and have failed to remedy that breach within 14 days of You asking Us in writing to do so;
      • We enter into liquidation or have an administrator or receiver appointed over Our assets;
      • You and We have been unable to agree a revised Start Date under Clause 11.1 or You elect to terminate the Agreement under Clause 11.2;
      • We are unable to provide the Building Services due to an event outside of Our control (see Clause 16).
    • We may terminate the Agreement with immediate effect by giving You written notice if:
      • You fail to make a payment on time as required under Clause 6 (this does not affect Our right to charge interest on overdue sums under sub-Clause 6.8);
      • You have breached the Agreement in any material way and have failed to remedy that breach within 14 days of Us asking You in writing to do so; or
      • You and We have been unable to agree a revised Start Date under Clause 11.1;
      • We have been unable to provide the Building Services for more than 14 days weeks due to an event outside of Our control (see Clause 16).
    • For the purposes of this Clause 14 a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
    • If at the termination date:
      • You have made any payment to Us for any Building Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice;
      • We have provided Building Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 6.
  1. Effects of Termination
    • If the Agreement is terminated for any reason:
      • Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.
      • Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of the Agreement which exist at or before the date of termination.
  1. Events Outside of Our Control (Force Majeure)
    • We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control .
    • If any event described under this Clause 16 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
      • We will inform You as soon as is reasonably possible;
      • Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;
      • We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Building Services as necessary;
      • You or We may terminate the Agreement (see Clause 14).
  1. Liability
    • We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
    • We will maintain suitable and valid insurance including public liability insurance.
    • We provide Building Services for domestic and private purposes only. We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
    • If We cause any damage to the Property, We will make good that damage at no additional cost to You. We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the Building Services.
    • We are not liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us or the Builder.
    • Nothing in these Terms and Conditions is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.
    • Nothing in these Terms and Conditions is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.
  1. How We Use Your Personal Data (Data Protection)
    • All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.
    • For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from Office 5, Vineyard Business Centre, Pathhead, Midlothian, EH37 5XP.
  2. Other Important Terms
    • We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.
    • We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs We will inform You in writing.  Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.
    • You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).
    • The Agreement is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the
    • If any provision of the Agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Agreement or these Terms and Conditions and the remainder of the provision in question will not be affected.
    • No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.
  1. Law and Jurisdiction
    • These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Scotland.
    • As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 20.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    • Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

SCHEDULE 1

TERRY HEALY GROUP LTD – CLIENT SALES SERVICE AGREEMENT

THIS AGREEMENT is made DATE ___________________

BETWEEN:

(1)       Terry Healy Group Ltd a company registered in Scotland under number SC471403 whose registered office is Office 5, Vineyard Business Centre, Pathhead, Midlothian, EH37 5XP (“the Trader”) and

(2)       CUSTOMER NAME

____________________________

of

CUSTOMER ADDRESS

__________________________________________________________________

(“the Customer”)

 

BACKGROUND:

(1)       The Trader provides building services to consumer clients and has reasonable skill, knowledge and expertise in that field.

(2)       The Customer wishes to engage the Trader to provide the services specified below (“the Building Services”).

(3)       The Trader agrees to provide the Building Services to the Customer, subject to the attached Terms and Conditions and the terms of this Agreement.

IT IS AGREED as follows:

  1. The Agreement
    • This Agreement incorporates the attached Terms and Conditions.
    • In this Agreement, words with initial capital letters have the same meaning as they have in the Terms and Conditions.
    • A legally binding contract between You and Us will be created when You and We sign this Agreement.
    • We confirm and You acknowledge that We have given or made available to You the following information (save for where such information is already apparent from the context of the transaction):
      • The main characteristics of the Building Services;
      • Our identity and contact details;
      • The total price payable for the Building Services including taxes or, if the Price cannot be calculated in advance, the manner in which it will be calculated;
      • The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Building Services;
      • Our complaints handling policy;
      • The duration of this Agreement, where applicable, or if this Agreement is of indeterminate duration or is to be extended automatically, the conditions for terminating it.
    • As required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:
      • all of the information described in Clause 4; and
      • any other information which We give to You about the Building Services or about Us which You take into account when entering into this Agreement or when making any other decision about the Building Services will be part of the terms of Our contract with You as a Consumer.
  2. The Building Services
    • We will complete work as per your QUOTATION document.
  3. Fees and Payment
    • You will pay the sums as per your QUOTATION document.
  4. Waiver of Cooling Off Period
    • By signing this Agreement, You request Us to commence provision of the Building Services immediately and not to wait for the 14 day cooling off period referred to in Clause 12 of the Terms and Conditions to expire.
    • You acknowledge that if You exercise the right to cancel You will be liable to pay Us for the Building Services provided up until the point at which You inform Us of Your wish to cancel, as set out in Clause 12 of the Terms and Conditions.
    • You acknowledge that You will lose the right to cancel if the Building Services are fully performed within the 14-day cooling off period.

SIGNED for and on behalf of the Trader by:

Terry Healy, Managing Director, Terry Healy Group Ltd

__________________________________________________
Authorised Signature

Date: ____________

SIGNED by the Customer:

__________________________________________________
Signature

Date: ____________


SCHEDULE 2

MODEL CANCELLATION FORM

To: Terry Healy Group Ltd, Office 5, Vineyard Business Centre, Pathhead, Midlothian, EH37 5XP, info@terryhealygroup.com

I/We (delete as appropriate) hereby give notice that I/we (delete as appropriate) cancel my/our (delete as appropriate) contract for building services.

Name of consumer(s): ____________________________

Address of consumer(s): _______________________________

Signature of consumer(s): ___________________________________

Date:  ____________________________