TERMS & CONDITIONS
Martton Ltd is a company incorporated in England under number 6447899 and whose registered office is at 524 A Romford Road, London, E7 8AF with trading name Martton Property Maintenance, VAT No: 982 5006 17
These Terms and Conditions will become immediately effective from 09 September 2010. They supersede any and all previously agreed to terms and conditions, whether verbal, written or otherwise, without exception.
1) Parties, Definitions and Interpretation
In these terms and conditions (which are referred to in this document as "these terms"), "Client" means the client for whom the Works are to be carried out by the Contractor, "Contractor" means Martton Limited, trading as Martton Property Maintenance, "Third Party Conditions" any and all third party terms and conditions in respect of the use of Third Party Services, "Third Party Services" any service or services supplied by a third party which is used in the provision of the Services from time to time, "Contract" means the agreement between the Client and the Contractor to carry out the Works of which these terms form a part and (where these terms are a schedule to a signed agreement between the Client and the Contractor ("the Agreement")) the Agreement, "Works" means the works described in the Contractor's estimate and/or as referred to in the Contractor's Work Detail Sheet or any other document or email issued by the Contractor, as may be varied by agreement in writing between the parties. For the purposes of these terms, "in writing" includes by email and any document which is set out in a hand held device and any signature on a hand held screen shall be treated as in writing. In these terms words importing the masculine gender also include the neuter and the feminine gender and words importing the singular number include also the plural number, where the context so requires.
2) General
2.1 The Client will be treated as an Account Client or a Non-Account Client, according to the Contractor's reasonable discretion.
2.2 All estimates given by the Contractor, all orders and instructions given by the Client, and all work authorisations, are governed by these terms. They supersede any other terms appearing elsewhere and override and exclude any other terms stipulated or incorporated or referred to by the Client, whether in the order or instructions or in any negotiations or in any course of dealing established between the Contractor and the Client, except where these terms are a schedule to a signed Agreement between the Client and the Contractor, in which event these terms apply only to the extent not inconsistent with that Agreement.
2.3 The Client acknowledges that the Contractor has not made any representations (other than any expressly stated in the Contract and/or in the Contractor's estimate) which have induced it to enter into the Contract and the Contract shall constitute the entire understanding between the Client and the Contractor for the performance of the Works (and detailed in paragraph 4 below).
2.4 No modification to the Contract shall be effective unless made by an express written agreement or email exchange between the parties. The signing on behalf of the Contractor of any documentation of the Client shall not imply any modification of the Contract.
2.5 Nothing in this Contract is intended to confer on any person any right to enforce any term which that person would not have but for The Contracts (Rights of Third Parties) Act 1999. Accordingly, a person who is not a party to this Contract shall have no rights under that Act to enforce any of its terms, but this does not affect any right or remedy of such person which exists or is available apart from that Act.
3) Estimates and variations to the price
3.1 Any estimate by the Contractor is subject to withdrawal by the Contractor at any time before receipt of an unqualified acceptance from the Client and shall be deemed to be withdrawn unless so accepted within 28 days from its date.
3.2 Unless otherwise specified by the Contractor in the relevant estimate, an estimate is not a firm or fixed price quotation. It is an estimate of the likely minimum cost of the Works, based on the information made available to the Contractor. The Contractor's final price will be calculated on the basis specified in the estimate, if any, or, if none, in accordance with the Contractor's standard Account Rate Card applicable at the time the Works are carried out and may be increased above (but not reduced below) the specified price. Furthermore, the Contractor reserves the right to increase the price before carrying out the Works by an amount equivalent to any increase to the Contractor in the cost of relevant materials, labour, equipment hire or transport since the date upon which the Contractor's estimate, written, emailed or oral, was given, save that if this would increase the estimated price by more than 10%, the Client may cancel the Contract provided it does so before the Works are begun, any relevant materials are ordered or any relevant equipment is hired.
3.3 The Contractor reserves the right to charge a fee for the collection of materials from its supplier except with respect to works for which there is an estimate. If the collection occurs whilst the Contractor is on site, the time taken will be treated as an addition to the Works and charged at the relevant rate. If the materials are ordered for subsequent collection and delivery, a charge may be made by the Contractor of £50 plus VAT, or more if collection of the relevant materials is from outside the M25. Materials will be supplied at cost net after Contractor discounts plus the Contractor's normal mark-up to cover handling, stock maintenance, etc.
3.4 The Contractor's standard Account Rate Card is available for inspection at the Contractor's premises during normal business hours. The Account Rate Card specifies half hourly and hourly rates. Charges are made by the half hour, rounded up to the next half hour except with respect to works outside normal business hours, when there is a minimum charge of one hour.
3.5 If Third Party Services are supplied or used the Client acknowledges that it will be required to sign Third Party Conditions and that Contractor may withhold any Services until the Client has confirmed in writing to Contractor that it has signed such Third Party Conditions. If requested by Contractor, the Client shall provide Contractor with a copy of any such signed Third Party Conditions.
3.6 The Services may include the use of Third Party Services and the Client hereby acknowledges that the third party providing the Third Party Services may, in addition to any Third Party Conditions, have its own policies and arrangements in respect of such Third Party Services and may also take any action independently of the Contractor.
3.7 For all estimated or quoted works a relevant client acceptance sheet is required to be sign in advance before the works can commence. Sign in the acceptance sheet the Costume acknowledge that the quote or estimate is accepted and any orders and provision of the services can begin!
4) The Works
All descriptions, illustrations etc. contained in any catalogues, price lists or advertisements, or otherwise communicated to the Client, are intended merely to present a general idea of the Works and nothing contained in any of them shall form a part of the Contract.
We recommend that all furniture, picture and delicate items are removed from the works area, including access areas, during the works, and those remaining are adequately protected by dust sheets or as may be appropriate and Martton Limited cannot accept responsibility for damage to items not adequately protected by the client. Martton Limited also advises that all valuables are removed from site, because building sites can be prime targets for theft.
5) The Price
The price payable by the Client is calculated as specified in paragraph 3 above. Unless otherwise stated, the price and all estimates provided by the Contractor are shown exclusive or inclusive of Value Added Tax which will be payable in addition where properly chargeable in accordance with current HM Customs & Revenue guidelines.
5.1 For all estimated or quoted works a deposit of 20% of the estimate price is required to be paid in advance before the works can commence. If the Client causes delays to the works (either before or during the performance of the works) or cancels all or part of the works, Martton Limited has the right to the full, non-returnable deposit.
6) Payment
6.1 Non-Account Clients: Payment by the Client is due on completion of the Works. Payment must be made on such completion.
6.2 Account Clients: The Contractor will seek to submit invoices to the Client within 14 days of completion of the Works and, subject to paragraph 8 below, payment must be made by the Client within 30 days after the date of issue of the invoice.
6.3 The Contractor shall be entitled to interest on a daily basis on any amount not paid on the due date for payment from such due date until payment in full at 4% above the Bank of England base rate at the relevant time.
6.4 The Contractor shall not be required to issue or deliver any certificates, guarantees or other similar documents regarding the Works until payment has been made in full.
6.5 We accept Payment may be made by cash, cheque or bank transfers. Payment on credit/debit cards will not be permitted.
7) Insurance
7.1 The Contractor shall take out and maintain the following insurance (except as otherwise agreed or stated in the Project Plan): Public and Product Liability Insurance for £1 million
7.2 The Contractor shall provide the Client upon request during the Service period evidence that the insurance refer is in place.
7.3 Irrespective of any insurance taken out by the Contractor, shall advise its insurers that works are being carried out on the Property and satisfy it that it is adequately covered by insurance for loss or damage by fire and other risks arising out of and during the performance of the Services.
7.4 Where the Services are being carried out on existing buildings, be responsible for insurance of the Services with The Contractor names as co-insured.
8) Commencement and Completion Dates
Dates specified for the commencement and completion of the Works are estimates only. The Contractor shall use all reasonable endeavours to ensure that it will attend on the date and time agreed. However, it accepts no liability in respect of non-attendance or late attendance on site or for the late or non-delivery of materials. Time shall not be of the essence of the Contract except as provided in paragraph 17 below.
9) Inspection of Works
The invoice on completion require signature from the client. Client signature on the invoice The Client shall inspect the Works as far as it is reasonably possible to do so immediately upon their completion (though failure to countersign the relevant Invoice shall not imply rejection of the Works) and if it considers that the Works or any part thereof are not in accordance with the Contract, it shall within 7 days from the date of inspection give detailed notice in writing thereof. In the absence of any such notice, the Works shall be conclusively presumed to be complete and free from any defect which would be apparent on reasonable examination.
10) Indemnity
The Client shall indemnify the Contractor against all actions, suits, claims, demands, losses, charges, costs and expenses which the Contractor may suffer or incur in connection with a claim by any third party resulting from a breach of the Client's obligations, undertakings, representations and warranties in connection with this Contract.
11) Whole agreement and Exclusion of liability
These terms set out the Contractor's entire liability in respect of the Works and the Contractor's liability under them shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities, expressed or implied, in respect of the Works and the quality thereof.
12) Limitation of Liability, and Liability of the Contractor
The Contractor's liability shall be limited to:
12.1 the repair or making good of any defect pursuant to its undertaking in paragraph 14 below and subject always to paragraph 8 above;
12.2 liability for death or personal injury resulting from negligence in the course of carrying out the Contractor's duties, and
12.3 the reasonable costs of repair or reinstatement of any loss or damage to the Client's property if such loss or damage results from the Contractor's negligence or that of its employees, agents or sub-contractors and the Client incurs such costs.
13) Access
The Client shall provide clear access to enable the Contractor to undertake the Works and will make all necessary arrangements with the proper persons or authorities for any traffic controls and signals or other permits or permissions required in connection with the carrying out of the Works. The Client will at all times provide a safe working environment for the Contractor and its employees, agents and sub-contractors for the purposes of carrying out the Works. Where applicable to drainage works, the Client will provide, if possible, a plan showing drain layouts. If this is not available, the Contractor reserves the right to render additional charges at the relevant applicable rate in accordance with paragraph 3.2 above if blockages occur in drains not covered by the specifications or if it is necessary to trace unidentified drains to complete the Works. The Client must obtain any permission for the Contractor to proceed over property belonging to third parties if this is necessary for the proper execution of the Works and shall obtain any permission necessary to carry out work on property belonging to third parties. The Client shall indemnify the Contractor against all claims of whatsoever nature made by third parties arising out of the presence of the Contractor its employees, agents or sub-contractors on the Client's property save where such claim results directly from negligence on the Contractor's part. The Client shall be liable to the Contractor for all loss or damage whether direct, indirect or consequential which is suffered by the Contractor as a result of failure or delay by the Client in performing the obligations referred to above.
14) Defects
Subject to paragraph 9 above and the exclusions listed below, the Contractor undertakes to repair or make good any defect in completed work which appears within 6 months of completion of the same to the extent that such defect arises from a breach of the Contractor's obligations under this Contract and pr uot;> ovided that details of the defect are notified by the Client to the Contractor in writing within such period and that the Contractor and its insurers are given the opportunity of inspecting the work and the alleged defect. This undertaking shall only apply to work carried out and completed and invoiced by the Contractor and which is paid for by the Client by the due date for payment ascertained in accordance with paragraph 6 above. If the Contractor returns to the site at the Client's request to review a claim under this undertaking and it transpires that the defect had not arisen as a result of a breach of this Contract on the part of the Contractor, the Contractor reserves the right to charge the Client for the visit at its standard rate as per paragraph 3 above. The Contractor reserves the right not to carry out any work under this paragraph 14 where the Client cannot evidence that the work was originally carried out and completed by the Contractor or where payment has not been made in full for such work. Exclusions are:
- Parts and materials will be provided only with the benefit of the manufacturer's / supplier's guarantee, and are not guaranteed by the Contractor.
- Systems or structures not installed by the Contractor.
- Any recall arising from circumstances or factors known to the Client but not notified or disclosed to the Contractor prior to the work having been undertaken.
- Defects resulting from misuse, wilful act, or faulty workmanship by the Client or anyone working for or under the direction of the Client (other than the Contractor).
- Structural defects encompassing but not limited to subsidence and its resultant effect.
- Damage to drainage systems caused by root penetration or any other outside force.
- Any roofing work where the Contractor advises that the overall condition of the roof is poor and is in need of more extensive work and the work to be undertaken involves less than 20% of the area of the roof.
- Any work to repair an existing lock, or to fit any lock not supplied by the Contractor.
15) Force Majeure
The Contractor will use all reasonable endeavours to carry out the Works on the agreed dates but shall not be under any liability to the Client if it should be either impossible or impracticable to carry out the Works on the agreed dates or at all, by reason of strike, lock out, industrial dispute, act of god or any other event or occurrence beyond the Contractor's control.
16) Client's Liability
The Client shall be liable for:
- Any loss, damage or injury, whether direct or indirect or consequential, resulting from failure or delay in the performance of the Client's obligations under these terms.
- Providing all necessary power and a clean water supply for the Contractor's use in the execution of the contracted works.
- The safety of both plant and machinery belonging to or hired in by the Contractor or its employees, agents or sub-contractors and shall indemnify the Contractor against its loss, theft or damage.
17) Cancellation
17.1 If the Client cancels the Contract without the Contractor's consent other than pursuant to paragraph 3.2 above, the Client shall indemnify the Contractor against all loss, damage, claims or actions arising out of such cancellation unless otherwise agreed in writing, and for the avoidance of doubt any such cancellation is without prejudice to the Contractor's right to payment in accordance with paragraph 6 above.
17.2 If the Client wishes to cancel an appointment for a visit by the Contractor, the Client will incur a cancellation fee of £10 (plus VAT) if the cancellation is made less than 24 hours (but more than 2 hours) before the time scheduled for the appointment and of £50 (plus VAT) if the cancellation is made 2 hours or less before the scheduled appointment time.
17.3 If the Client cancels work to be undertaken pursuant to an estimate accepted by the Client, subject to paragraph 3.2 above the Client will be liable for a cancellation charge of 20% of the estimate price if the cancellation is made less than 2 days prior to the said specified commencement date for the Works.
18) Removal of Waste Materials
Unless agreed in writing between the parties, the Client will be responsible for the removal from site of all waste materials resulting from the Works.
19) Parking and pay and display parking charges
Unless agreed in writing between the parties, the Client will be responsible for the parking on site. All pay and display parking charges will be addition to the final invoice.
20) Frozen Pipes
The Contractor will not be liable for any fracture found in frozen pipes attended by the Contractor. The Contractor will not guarantee to clear blockages occurring in a frozen pipe or drain.
21) Waiver, Variation etc.
No waiver by the Contractor of any breach by the Client shall operate as a waiver of any preceding or subsequent breach by the Client. No variation shall be effective against the Contractor unless sanctioned in writing by the Contractor. No forbearance or delay on the Contractor's part shall prejudice the Contractor's rights and remedies under this Contract.
These terms and conditions shall be governed and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English law.
Promotional General Terms and Conditions
1) These Promotion general terms and conditions apply to each and every Promotion.
2) In addition, all instructions, rules and conditions relating to a specific Promotion form part of these general Promotion terms and conditions but in the event of conflict these provisions shall prevail.
3) Standard martton.com Terms and Conditions apply (please visit www.martton.com for full details). In the event of any conflict Standard martton.com Terms and Conditions shall prevail over these provisions.
4) martton.com reserves the right to change the terms and conditions of its Promotions (and any Standard martton.com Terms and Conditions) at its discretion.
Promotion
1) A Promotion is an entitlement to a Discount (up to the amount stated) off a qualifying booking, including, taxes and charges, and additional products, for example, general materials, congestion charge and parking fees.
2) A Promotion is only valid on the martton.com website and for a qualifying booking.
3) A Promotion is subject to availability and is not an indication of availability. In particular, martton.com reserves the right to cancel a Promotion and/or to reject redemption of a Promotional voucher when the total value of the Promotional voucher already redeemed exceeds a certain financial value.
Redeeming Promotion
1) A Promotion may only be redeemed online at www.martton.com and for a qualifying booking by entering the relevant Promotional voucher request.
2) A Promotion can only be redeemed against a new qualifying booking and cannot be redeemed against a booking already made.
A Promotion is only valid for a single redemption and is only valid and may only be redeemed for a single qualifying booking.
3) A Promotional voucher may not be used in conjunction with any other Promotional voucher.
4) A Promotion is redeemed by entering its brand name or service at the appropriate point on the online purchase process for a qualifying booking.
5) A Promotion has no cash value and cannot be redeemed for cash
6) Any balance remaining after redemption of a Promotion is non-transferable and non-refundable.
7) A Promotion is only valid during the period identified and on the dates and for the products specified in service page of the online purchase process for a qualifying booking.
8) Where the redemption of a Promotion is subject to a minimum spend requirement, redemption is only permitted in respect of the purchase of the qualifying products (as communicated to you when issuing the Promotional voucher).
9) Where a Promotion has been communicated via email the Promotional Code is non-transferable and the email address provided in the booking must be the same as the email address to which the Promotion was sent.
Cancellation, Change and Compensation of Discounted Booking
In respect of a discounted booking (and unless expressly provided otherwise in the Standard martton.com Terms and Conditions):
1) If you cancel or choose not to use that booking then you are not entitled to a refund of the Discount or any reinstatement of the Promotion;
2) If you are entitled to compensation (for these purposes compensation includes a full or partial refund, credit or some other form of compensation) for that booking then such compensation shall not include the amount of the Discount;
3) If you change that booking then you will not be entitled to a refund of the Discount or reinstatement of the Promotion BUT if the booking is maintained and is changed only by adding product(s) then the value of the Discount is retained.
Rejection, refusal and cancellation
1) martton.com reserve the right to cancel a Promotion and/or to reject redemption of a Promotion if martton.com reasonably believes that Promotion is being used unlawfully or illegally and you agree that you will have no claim against us in respect of any such cancellation or rejection.
2) If martton.com refuse a promotional Discount submitted as part of a booking for any re ason martton.com will advise of the correct cost of the booking before payment is taken to give you the opportunity not to proceed with the booking.
Limitation of liability
1) martton.com shall not be liable to any customer for any financial loss arising out of the refusal, cancellation or withdrawal of a Promotion or any failure or inability of a customer to use a promotional voucher for any reason.
Choice of Law and Jurisdiction
Unless otherwise provided by the Convention or any applicable law, Government regulations, orders or requirements:
1) these Terms and Conditions and any service which we agree to provide you with (in respect of yourself and/or your property) shall be governed by the laws of England; and,
2) any dispute between you and us concerning or arising out of such service in any way whatsoever shall be subject to the non-exclusive jurisdiction of the Courts of England and Wales.
