- Definitions
- “Client” means the person or entity engaging the Contractor.
- “Contractor” means Bonus Eventus Maintenance Ltd.
- “Services” means the works agreed in writing.
- “Materials” means all goods, parts, and materials required to carry out the Services.
- Scope of Works
The Contractor shall carry out the Services as set out in the agreed quotation, work order, or written agreement. Any variation or additional work must be agreed in writing by the Client before commencement.
- Prices, Quotations & Variations
3.1 Unless otherwise stated, all works are charged at the Contractor’s standard rates, current at the time the works are carried out.
3.2 Quotations are valid for 30 days from the date of issue unless stated otherwise.
3.3 Accepted quotations are fixed-price only for the scope described and are based on information provided by the Client.
3.4 The Contractor reserves the right to revise prices where:
- information supplied is incomplete, inaccurate or misleading;
- additional works become necessary;
- site conditions differ from those described;
- material, transport, hire or supplier costs increase before works begin.
3.5 Where a revised quotation is issued prior to commencement, the Client may cancel without penalty before works start.
3.6 Any additional or varied works not included in the original quotation will be charged separately.
- Attendance and Access
4.1 All dates and times for attendance or completion are estimates only.
4.2 The Contractor shall perform the Services with reasonable skill and care, in accordance with the Supply of Goods and Services Act 1982 and applicable industry standards.
4.3 The Client must provide safe, uninterrupted access to the site, plant and systems; ensure compliance with all relevant health and safety requirements; and disclose any known hazards. Abortive visits, delays or waiting time caused by lack of access or unsafe conditions may be charged.
- Materials and Ownership
5.1 Where the Client pays a deposit or advance payment specifically for the purchase of Materials, legal and beneficial ownership of those Materials shall vest in the Client immediately upon purchase.
5.2 The Contractor purchases such Materials as agent for the Client and shall have no ownership interest in them.
5.3 Ownership of Materials paid for by the Client shall remain with the Client regardless of whether the Materials have been installed, partially installed, or remain unused.
5.4 Any unused Materials purchased with the Client’s funds shall, upon request, be:
- a) delivered to the Client; or
b) retained, stored, or disposed of in accordance with the Client’s written instructions.
5.5 Retention of Title: Materials and goods supplied by the Contractor and not paid for in full by the Client shall remain the property of the Contractor until paid for in full.
- Risk and Storage of Materials
6.1 Risk in Materials owned by the Client shall pass to the Client upon delivery to site.
6.2 Where Client-owned Materials are stored by the Contractor, reasonable care shall be taken. The Contractor shall not be responsible for loss or damage beyond its reasonable control.
- Inspection and Acceptance
7.1 The Client or their representative must inspect the works immediately upon completion.
7.2 The Contractor must be notified of any defects or issues in writing, within 14 days of completion.
7.3 If no written notice is received within this period, the works shall be deemed completed, accepted, and free from any defects apparent on reasonable inspection.
- Defects & Workmanship Warranty
8.1 The Contractor will remedy defects arising solely from their workmanship that appear within three (3) months of completion, provided that:
- written notice is given within that period;
- full payment has been received; and
- reasonable access is provided for inspection and repair.
8.2 If the Contractor attends site and the issue is not due to their workmanship, they reserve the right to charge for the visit at their standard rates.
8.3 This warranty applies only to works carried out and invoiced by the Contractor.
8.4 The Contractor reserves the right to refuse remedial works where:
- the original works were not completed by them; or
- payment remains outstanding.
- Exclusions
9.1 Unless expressly agreed in writing, all parts and Materials supplied by the Contractor are subject only to the manufacturer’s warranty. The Contractor does not guarantee parts or components beyond those warranties.
9.2 The Contractor is not responsible for defects or failures caused by:
-
- misuse, neglect or abnormal operation;
- fair wear and tear;
- pre-existing faults or system condition;
- design defects;
- third-party works or interference;
- undisclosed site conditions or information.
9.3 Warranty periods:
- New installations: 12 months workmanship
- Repairs / remedial works: up to 3 months workmanship unless stated otherwise.
- Cancellations & Abortive Charges
10.1 Engineer visit cancellations:
- Less than 24 hours but more than 4 hours’ notice:
£100 + VAT per engineer - 4 hours or less’ notice:
£145 + VAT per engineer - 2 hours or less before arrival:
Full quoted labour charge or minimum 30% abortive fee, whichever is higher.
10.2 Cancellation of authorised works: once works have been authorised, the Client is liable for all costs incurred up to cancellation, including labour, materials, ordering, and administration.
- Force Majeure
The Contractor shall not be liable for failure or delay caused by events beyond their reasonable control, including but not limited to adverse weather, industrial disputes, supplier delays, material shortages, or acts of God.
- Payment Terms
12.1 The Client may be required to pay a deposit or advance payment for labour and/or Materials prior to the commencement of the Services. In case the expected material cost reaches or exceeds £1000+VAT, 100% of the Material cost is payable to the Contractor by the Client in advance, prior to ordering the materials.
12.2 All invoices shall be payable in accordance with the agreed payment terms.
12.3 The Contractor reserves the right to suspend the Services in the event of non-payment.
12.4 Invoices are payable within 14 days of the invoice date unless otherwise agreed in writing.
12.5 Payment options:
- BACS – to Bonus Eventus Maintenance Ltd (bank details are displayed on the invoices)
- Secure payment link on invoices (via GoCardless)
- Cheque – Bonus Eventus Maintenance Ltd. 27 Rorkes Drift, Mytchett, Surrey, GU16 6EH. £4 cheque handling fee applies.
12.6 Late payments may incur:
- interest at 1.5% per month, calculated daily;
- an administration fee of £10 per reminder;
- recovery and enforcement costs.
12.7 Overdue invoices may be passed on to our appointed debt recovery agents without further notice. All recovery costs are passed on to the Client.
- Snagging & Retentions
13.1 Where works are completed subject to snagging:
- 90% of the contract sum becomes immediately payable upon completion.
- The remaining 10% becomes payable once snagging is completed.
13.2 If access is not provided to the Contractor within 14 days to complete snagging, the remaining balance becomes immediately due.
- Third-Party Responsibility
Where the Client appoints or is represented by a managing agent, tenant, occupier or third party, that party shall be jointly and severally liable for payment unless otherwise agreed in writing.
- Limitation of Liability
15.1 Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded under English law.
15.2 Subject to clause 9.1, the Contractor’s liability shall be limited to the value of the Services provided.
15.3 The Contractor shall not be liable for loss of profit, revenue or business; also, for any indirect or consequential loss.
- Termination
Either party may terminate the agreement by written notice. Upon termination, the Client shall pay for all Services carried out and Materials purchased up to the termination date.
- Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction.
- Acceptance
The Client’s work order, instruction to proceed, payment of any deposit, or acceptance of Services constitutes acceptance of these Terms and Conditions.
