Life Won’t Wait Ltd.
is not an Agency and in order to protect our employees,
our clients and ourselves, all tasks and services are provided
subject to the following Terms and Conditions.
These Terms and Conditions do not limit
your statutory rights under Section 13 of the Supply of
Goods and Services Act 1982.
Definitions
In this agreement ‘we’ and
‘ours’ refers to Life Won’t Wait Ltd.
whose main office is at 71 Woodside, Leigh-on-Sea, Essex.
SS9 4RA.
‘You’ refers to the Customer
‘Our tasks’ means the provision
of our own company services to you
‘Services’ means the services
which you have engaged us to supply on your behalf.
‘Supplier’ means a third party
e.g. locksmith, which we, acting as your agent and not as
principal, have engaged for you to carry out services at
your request.
‘Prime Supplier’ means a supplier
whose ability, qualifications and insurance to carry out
the services have been researched and approved by us.
General
- We are a domestic management and maintenance
company and you have engaged us to perform certain tasks
on your behalf, which may include the arrangement of services
to be carried out for you by a supplier.
- Our charges for our tasks as advertised
(i.e. the tasks we carry out for you ourselves)
- Our office hours are 8am to 8pm Monday
to Friday excluding Christmas Day & Boxing Day, Good
Friday and all the Bank Holidays. If at your request we
carry out tasks for you outside our office hours our charges
will bear uplift in accordance with our advertised rates.
As we do not operate our tasks and services on Public
Bank Holidays it is our standard policy to offer our clients
an alternative day during the week.
- Any arrangements made are between
you and Life Won’t Wait Ltd. and not between you
and any individual or group of our employees, who are
not empowered to make or amend any arrangements with clients.
- Although we will make every effort
to be flexible, any variation to the hours, time, duration
or content of the tasks or services must be agreed in
advance with Life Won’t Wait Ltd. who reserve the
right to reallocate staff wherever necessary at their
sole discretion.
- Clients agree not to offer employment
of any kind to our employees either during or within three
months of their leaving our employ. In the event of such
an offer being made, regardless of whether or not any
offer is accepted, we reserve the right to terminate the
service and the client will become liable to a severance
charge of £300.00 to cover administration
and other costs.
- Personal data collected during inspection
of a property will be stored on a computer database, with
permission from the client. This information may be utilised
for marketing purposes or advising staff in the operating
of the service.
- We shall not be responsible for the
security of communications sent by us to you or others
in relation to our tasks and the services by e-mail. Please
let us know if at any stage, you do not wish us to use
e-mail for communications.
- We intend to rely upon the written
terms set out here. If you require any changes, please
make sure that you ask for them to be put in writing.
In that way we can avoid any problems surrounding what
we and you are each expected to do.
- Travel time to and from your premises
is not chargeable unless for errand-running purposes where
it is chargeable at our usual advertised hourly rates.
Travel time for work requiring our physical presence outside
the ‘SS’ postcode will be agreed on a case
by case basis.
- You will be responsible for obtaining
from other parties (e.g. landlord) or any government or
competent authority any consents that may be necessary
for the services to be provided.
- We will not be liable under this agreement
for any loss or damage caused by us or our employees or
agents in circumstances where (i) there is no breach of
a legal duty of care owed to you by us or by our employees
or agents; (ii) such as loss or damage is not a reasonably
foreseeable result of any such breach: (iii) any increase
in loss or damage resulting from the breach by you of
any terms of this agreement.
- We shall not be liable to you if we
do not perform our tasks, or the services are not performed
by any third party, for reasons beyond our control e.g.
strike, lockout, labour dispute, transport difficulties,
act of God, war riot, civil commotion, malicious damage,
application of law, accidental breakdown of plant and
machinery, fire, flood, storm and other circumstances
affecting the provision of goods and services.
- Suppliers’ charges for the performance
of the services will at all times be payable by you, unless
we have agreed otherwise. If it has been agreed that we
shall tender payment for the services to any supplier,
it will be on the basis that we do so as your agent and
that you refund any such payment to us immediately upon
demand save to the extent that you have provided the necessary
funds beforehand. This may incur a 10% handling charge.
- Payment of our charges for our tasks
shall be payable on invoice. Interest at 2% pa over the
base rate from time to time of Alliance & Leicester
will be charged upon any balance due which remains unpaid
14 days after invoice (both before and after judgement).
- We endeavour to provide a high quality
service to you in carrying out our tasks. If you are unhappy
at any time about how we perform our tasks for you, please
contact the Managing Director at our main office address,
and we would seek to investigate any such complaint as
soon as reasonably practicable and report back to you.
This does not affect your statutory rights.
- We may make a search in relation to
your financial status with a credit reference agency,
which will keep a record of that search and will share
that information with other businesses. If you are a company
we may also make similar enquires about your directors.
- Save to the extent that disclosure
might be required by law, we shall keep confidential to
you all information about you and we shall not disclose
any information about you to any other party except to
a supplier to the extent that such disclosure is necessary
to enable the supplier to perform the services.
- We may monitor visits to our website
and retain information about you (e.g. the use of cookies
and other computer held or computer-generated data).
- Any notice or communication which
is given under the terms of this agreement or in relation
to our tasks shall be served by first class post (in the
case of a notice being sent to us, to our main office
address) and shall be deemed to have been received on
the second working day after posting, or by fax or e-mail
which shall be deemed to be received on the day of transmission
if sent before 4pm or the next working day if sent after
4pm.
- If any of the provisions of this agreement
are unenforceable such provisions shall be severed from
this agreement and the remainder of the provisions shall
remain in full force and effect. This agreement shall
construed in accordance with English Law and you and we
agree to submit to the non-exclusive jurisdiction of the
English courts.
- The contract (Rights of Third
Parties) Act 1999 shall not apply to this agreement. We
may assign our rights and obligations under this agreement.
You may not assign your rights and obligations
under this agreement.
Organiser
- Where the services may legally
be carried out only by a supplier with suitable qualifications
and/or insurance, we shall use reasonable endeavours to
ensure that any supplier chosen by us to perform the services
shall be so qualified/insured.
- If we cannot arrange for a prime supplier
to perform the services for you, we may, with your prior
approval, arrange for a supplier who is not a prime supplier
to perform the services, in which case clause 3 and 9
will not apply.
- Where we have engaged a prime supplier
to carry out the requested services, unless you have expressly
requested or agreed to a particular supplier or a specific
charge for the services, we shall make reasonable efforts
to ensure that the supplier’s charges for providing
the services are reasonable having regard to the local
market rate for such services in the general locality
of the performance of the services. However, we give no
warranty as to any supplier’s charges for any services,
which have been ordered, negotiated or arranged by you
direct with the supplier.
- We will not be liable under this agreement
for any loss or damage caused by the supplier, its employees
or agents.
- Whilst we shall use our best endeavours
to ensure that any prime supplier selected by us is competent
to carry out the services to a proper standard of workmanship
and quality, we shall not be liable if his performance
falls below that standard.
- The Life Won’t Wait list of
preferred suppliers is not a directory for clients to
access without the arrangements for these services to
be undertaken by us. Should you wish to make your own
arrangements with one of such suppliers an appropriate
charge of up to one hour will be made to your account.
- Organiser hours are valid for one
year starting on and including the date of purchase.
- In the event that you engage us to
arrange for services to be performed at a particular location,
you will give reasonable access to such location (including
to the interior of any premises) to us and our employees
and agents and to the supplier and its employees and agents
as may be necessary for the services to be performed without
hindrance.
- We shall not be liable to you if any
document procured by us for you (e.g. concert tickets)
is subsequently found not to be genuine or if it is not
accepted by any other party (e.g. concert organisers)
as genuine. However, we shall use all reasonable endeavours
to ensure that such documentation is genuine and bona
fide.
- Any complaint you wish to make about
the performance or conduct of a supplier should be addressed
to the supplier. We would however, request you to notify
us of any such complaint, since it would assist us in
assessing, for future use, the adequacy of the supplier
as a provider of the relevant services.
Housekeeping
- Specifically regarding ironing, any
damaged items collected from you will be returned to you
un-ironed to avoid any misunderstanding. In the unlikely
event of a loss/damage to any of your items we will compensate
up to a maximum of £30.00 per item.
- There is a £10.00 minimum order
value per ironing collection. Orders below this will be
charged at £10.00.
Handyman
- We reserve the right to cancel certain
tasks, at short notice, if our risk assessment suggests
there could be danger to our employees.
- Any materials supplied are subject
to their own manufacturer’s warranty and guarantee.
You agree that we are not liable for the installation
of any faulty items where it was not reasonably apparent
that the item was faulty before installation. If an item
is faulty at installation or becomes faulty after installation
you agree to contact the manufacturer direct and can claim
under the manufacturer’ warranty and guarantee.
Cancellation & Cooling-Off
Period
- If you have received a copy of this
agreement before our tasks have been performed, you have
a right to cancel this agreement within one week of that
date, except where (i) we have performed all or part of
our tasks (ii) the services have been performed or (iii)
the supplier has been engaged by us on your behalf.
- If you wish to cancel, you must notify
us in writing, at the main office address, so that we
receive it within one week of the date shown overleaf.
- If you cancel your Organiser order
we shall (i) charge you for the tasks we have carried
out for you up to the time we have received notice of
cancellation at the agreed rate (ii) be entitled to recover
from you any money paid by us to a supplier in relation
to the services you have requested (iii) any money paid
by us for goods reasonably required in the procurement
of the services or the carrying out of our tasks (e.g.
price of concert tickets).
- All Housekeeper and Handyman cancellations
are subject to a charge of 50% of the
price of the service. A cancellation will be deemed to
have occurred if less than two working days notice is
given requesting temporary suspension or amendment to
the agreed tasks or our employees are unable to gain access
to the property or work areas through no fault of their
own, or less than seven days notice is given for the permanent
cancellation of the service.
- We reserve the right to cancel
this agreement at least a week before the intended date
of performance of the services, without giving reasons,
and we shall use reasonable endeavours to notify you of
any such cancellation as soon as reasonably practicable
to do so.
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