Wise Basement Systems - Terms and Conditions
1.1 “Conditions” refers to these terms and conditions.
1.2 “Contract” refers to the contract between Wise and the Customer for the provision of the Works in accordance with these Conditions.
1.3 “Customer” refers to the person or firm who instructs Wise to proceed with the Works.
1.4 “Fixtures and Fittings” includes (but is not limited to) pipes, cables, furniture, furnishings, internal plaster and decorations.
1.5 “Order” refers to the Customer’s written acceptance of the Quotation.
1.6 “Wise” refers to Wise Property Care Limited, a company incorporated in Scotland with registered number SC168153 and having its registered office at 8 Muriel Street, Barrhead, Glasgow G78 1QB.
1.7 “Price” refers to the price outlined in the Quotation for carrying out the Works.
1.8 “Property” refers to the place at which Wise is instructed to carry out the Works.
1.9 “Quotation” refers to the document produced following the visit to the Property and attached to the Survey Report which outlines the likely cost of the Works.
1.10 “Survey Report” refers to the report prepared and produced by Wise following a visit to the Property which contains a description or specification of the Works.
1.11 “Works” includes any works or treatments provided to the Customer as set out in the Survey Report including any materials and or goods needed to complete those Works.
1.12 "Writing" includes emails.
2. CONTACT DETAILS
2.1 The Wise Customer Services Team may be reached on the number set out in the Quotation or by writing to the address on the same form.
3. BASIS OF CONTRACT
3.1 The Order constitutes acceptance by the Customer to proceed with the Works in accordance with these Conditions.
3.2 At the point at which Wise issues a written acceptance of the Order the Contract shall come into existence.
3.3 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
4. SURVEY REPORT AND QUOTATION
4.1 It may be necessary to send a surveyor to the Property to evaluate and assess the Customer’s requirements and to complete a Survey Report. If it is critical that the Works are completed by a particular date this must be made clear at the time of the survey.
4.2 The Customer may be required to pay a fee for the Survey Report. If this is required, the Customer will be told at the time of the initial enquiry. This fee will be refunded in full should the Customer instruct Wise to proceed with all the Works recommended in the Survey Report.
4.3 The Survey Report will set out the Works, the Price and any recommendations, including any information Wise may need from the Customer and the actions the Customer may need to take in preparation for the Works.
4.4 The Price will remain valid for a period of twenty eight (28) days from the date of the Survey Report after which time Wise reserve the right to increase the Price.
4.5 The Quotation is based on the assumption that the structure and foundation of the Property are sound. If when the Works start, it is discovered that one or both are not in good condition or a problem identified in the Survey Report is more extensive than originally thought then Wise reserve the right either to terminate the Contract and charge the Customer for the costs incurred up to the date of termination or, at its sole discretion, to charge the Customer for any additional work necessary to complete the Works.
5. WISE’S OBLIGATIONS
5.1 Wise shall carry out the Works in accordance with the Survey Report or Quotation.
5.2 Wise shall use reasonable endeavours to meet any dates specified in the Quotation, but any such dates shall be estimates only and time shall not be of the essence for the carrying out of the Works.
5.3 Wise reserves the right to amend the Quotation if necessary to comply with any applicable law or regulatory requirements, or if the amendments will not materially affect the nature or quality of the Works. Wise shall notify the Customer in such event. The Customer will not be notified if Wise are only substituting materials or equipment of similar quality and performance to those specified in the Survey Report or Quotation.
5.4 Wise warrants to the Customer that the Works will be carried out using reasonable skill and care.
6. THE CUSTOMER’S OBLIGATIONS
6.1 The Customer shall
- (a) ensure that the terms of the Order are complete and accurate;
- (b) co-operate with Wise in all matters relating to the Works;
- (c) provide Wise, its employees, agents, consultants and subcontractors with adequate access to the Property (including parking for one vehicle and a convenient area for loading and unloading materials and for carrying out ancillary works), office accommodation and other facilities (including electricity and water) as reasonably required by Wise;
- (d) provide Wise with such information and materials as Wise may reasonably require in order to carry out the Works and ensure that such information is complete and accurate in all material respects.;
- (e) prepare the Customer’s premises for the Works (including removal of fixtures and fittings and/or clearing rooms);
- (f) obtain and maintain all necessary licenses, permissions and consents which may be required for the Works before the date on which the Works are to start;
- (g) comply will all applicable laws, including health and safety laws;
- (h) comply with any additional obligations as set out in the Survey Report.
6.2 If Wise’s performance of any of it’s obligations under the Contract is prevented or delayed by any act or omission by the customer or failure by the Customer to perform the obligations outlined at a) to h) above (the Customer Default):
- (a) Wise shall have the right to suspend performance of the Works until the Customer Default is remedied;
- (b) Wise shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Wise’s failure or delay in carrying out the Works; and
- (c)the Customer shall reimburse Wise on written demand for any costs or losses sustained or incurred by Wise arising directly or indirectly from the Customer Default.
7. PRICE AND PAYMENT
7.1 The Price is based on providing the Works during normal working hours (8.00am to 5.00pm, Monday to Friday). If extra time or overtime is worked for any reason (other than due to Wise’s fault), the costs of such extra time or overtime shall be paid by the Customer as an addition to the Price.
7.2 Wise reserves the right to increase the Price on an annual basis.
7.3 If additional materials or Works are required the Customer will be provided with a new Quotation. Wise will not proceed with any such additional work without the Customer’s written acceptance.
7.4 Any additional costs arising from the Works including parking charges and / or compliance with statutory or local requirements such as, but not limited to, compliance with building control, shall be paid by the Customer as an addition to the Price.
7.5 All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time. If the rate of VAT changes between the date of the Contract and the date of supply of the Works, the VAT rate will be adjusted to reflect the new rate.
7.6 Wise shall invoice the Customer monthly in arrears.
7.7 The Customer shall pay each invoice submitted by Wise:
- (a) Within 30 days of the date of the invoice; and
- (b) In full and in cleared funds to a bank account nominated in writing by Wise.
7.8 If the Customer fails to make payment by the due date, then, without limiting Wise’s remedies under clause 9 (Termination), the Customer shall pay interest on the overdue amount at the rate of 4% a year above the base lending rate of HSBC PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount.
7.9 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).