Please read the following terms and conditions carefully as the conditions will form the basis of the contract for instructing any service provided by Ames Building Services. If you do not understand anything contained within these terms, we recommend you consult a solicitor for advice before entering in to an Agreement with Ames Building Services as you will then be legally bound by the Agreement.
If you do not agree to these terms, please refrain from using our Service. These terms set out the basis on which Clients may use the Service. By using the Service, Clients accept these terms, concluded between Ames Building Services and the Client and agree to be bound by them.
Any individual that instructs our services on behalf of themselves, a business, company, firm or organisation they represent, agrees to comply and be legally bound by the following terms and conditions as set out in this document by Ames Building Services.
In these conditions:
The term “Ames Building Services” or “Service Provider” and the terms “our” and “we’” and “us” will be construed accordingly and refers to any parties legally responsible for the Ames Building Services Website.
The following term “Customer”, ‘’You’’ or ‘’Your’’ refers to any individual and the business they represent that instructs our services in any capacity.
Within this agreement, Ames Building Services shall be the ‘Service Provider’ and the individual and business they represent that instructs our services shall be the ‘Client’.
1. Parties, Definitions and Interpretation
In these terms and conditions (which are referred to in this document as “these terms”), “Customer” means the customer for whom the Works are to be carried out by Ames Building Services, “Ames Building Services” means JONATHAN AMES (“ABS”), “Contract” means the agreement between the Customer and Ames Building Services 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 Customer and Ames Building Services (“the Agreement”)) the Agreement, “Works” means the works described in Ames Building Services estimate and/or as referred to in Ames Building Services Work Detail Sheet or any other document or email issued by Ames Building Services, 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.
2.1 The Customer will be treated as an Account Customer or a Non-Account Customer, according to Ames Building Services reasonable discretion.
2.2 All estimates given by Ames Building Services, all orders and instructions given by the Customer, 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 Customer, whether in the order or instructions or in any negotiations or in any course of dealing established between Ames Building Services and the Customer, except where these terms are a schedule to a signed Agreement between the Customer and Ames Building Services, in which event these terms apply only to the extent not inconsistent with that Agreement.
2.3 The Customer acknowledges that Ames Building Services has not made any representations (other than any expressly stated in the Contract and/or in Ames Building Services estimate) which have induced it to enter into the Contract and the Contract shall constitute the entire understanding between the Customer and Ames Building Services 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 Ames Building Services of any documentation of the Customer 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 Ames Building Services is subject to withdrawal by Ames Building Services at any time before receipt of an unqualified acceptance from the Customer and shall be deemed to be withdrawn unless so accepted within 28 days from its date.
3.2 Unless otherwise specified by Ames Building Services 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 Ames Building Services. Ames Building Services final price will be calculated on the basis specified in the estimate, if any, or, if none, in accordance with Ames Building Services 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, Ames Building Services reserves the right to increase the price before carrying out the Works by an amount equivalent to any increase to Ames Building Services in the cost of relevant materials, labour, equipment hire or transport since the date upon which Ames Building Services estimate, written, emailed or oral, was given, save that if this would increase the estimated price by more than 10%, the Customer 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 Ames Building Services 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 Ames Building Services 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 Ames Building Services of £50 plus VAT. Materials will be supplied at cost net after Ames Building Services discounts plus Ames Building Services normal mark-up to cover handling, stock maintenance, etc.
3.4 Ames Building Services standard Account Rate Card is available for inspection at Ames Building Services premises during normal business hours. The Account Rate Card specifies half hourly rates. There is a minimum charge of one hour per visit. Subject to that, charges are made by the half hour, rounded up to the next half hour.
4. The Works
All descriptions, illustrations etc. contained in any catalogues, price lists or advertisements, or otherwise communicated to the Customer, 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.
5. The Price
The price payable by the Customer is calculated as specified in paragraph 3 above. Unless otherwise stated, the price and all estimates provided by Ames Building Services are shown exclusive of Value Added Tax which will be payable in addition where properly chargeable.
6.1 Non-Account Customers: Payment by the Customer is due on completion of the Works. Payment must be made on such completion.
6.2 Account Customers: Ames Building Services will seek to submit invoices to the Customer within 7 days of completion of the Works and subject to paragraph 8 below, payment must be made by the Customer within a further 7 days after the date of issue of the invoice.
6.3 Snagging: Where the Works have been completed subject to snagging, 95% of all amounts outstanding must be paid on such completion and the Customer must provide access to Ames Building Services without delay to enable the snagging to be finalised. The balance of 5% will become payable upon the finalisation of the snagging or, if access has not been made available to carry out the snagging within 14 days of completion, at the expiry of such 14 day period.
6.4 Where the Customer is represented by a third party (such as a managing agent, contractor or other representative), in the event of non-payment by the Customer, the third party will be responsible for payment unless Ames Building Services has agreed otherwise in writing.
6.5 Ames Building Services shall be entitled to claim interest under Section 69 of the County Courts Act 1984 at the rate of 8 per cent a year in the daily rate of interest multiplied by the number of days that have passed since the money became owing to Ames Building Services. Interest at the same rate up to the date of judgment or earlier payment at a daily rate of the same value will also be applied for.
6.6 Under The Late Payment of Commercial Debts Interest Act 1998, Ames Building Services is entitled to compensation on any late payments it receives that are made outside of agreed invoicing terms and will make any such payment demand to its customers.
6.7 Ames Building Services 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.
6.8 Ames Building Services will pass any unpaid invoices outside of agreed payment terms to it’s debt recovery partner to pursue outstanding payments on its behalf. Our debt recovery partner may charge fee’s that they are lawfully entitled to receive under English and Welsh law. By instructing our services, the customer agree’s to be liable for any such fee’s lawfully owing to our debt recovery partner in the event any unpaid invoices outside of agreed payment terms are passed over to our debt recovery partner.
6.9 Our debt recovery partner administers a 15% +VAT charge on any outstanding commercial debts owing to Ames Building Services (business to business) and a 19% +VAT charge on any outstanding consumer debts owing to Ames Building Services (business to consumer).
7. Commencement and Completion Dates
Dates specified for the commencement and completion of the Works are estimates only. Ames Building Services shall use all reasonable endeavours to ensure that it will attend on the date agreed and within two hours of the time given for standard weekday attendance. However, Ames Building Services 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 16 below.
8. Inspection of Works
The Customer shall inspect the Works as far as it is reasonably possible to do so immediately upon their completion (though failure to countersign the relevant Works Detail Sheet 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.
The Customer shall indemnify Ames Building Services against all actions, suits, claims, demands, losses, charges, costs and expenses which Ames Building Services may suffer or incur in connection with a claim by any third party resulting from a breach of the Customer’s obligations, undertakings, representations and warranties in connection with this Contract.
10. Whole agreement and Exclusion of liability
These terms set out Ames Building Services entire liability in respect of the Works and Ames Building Services 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.
11. Limitation of Liability, and Liability of Ames Building Services
Ames Building Services liability shall be limited to:
11.1 the repair or making good of any defect pursuant to its undertaking in paragraph 13 below and subject always to paragraph 8 above;
11.2 liability for death or personal injury resulting from negligence in the course of carrying out Ames Building Services duties, and
11.3 the reasonable costs of repair or reinstatement of any loss or damage to the Customer’s property if such loss or damage results from Ames Building Services negligence or that of its employees, agents or sub-contractors and the Customer incurs such costs.
The Customer shall provide clear access to enable Ames Building Services 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 Customer will at all times provide a safe working environment for Ames Building Services and its employees, agents and sub-contractors for the purposes of carrying out the Works. Where applicable to drainage works, the Customer will provide, if possible, a plan showing drain layouts. If this is not available, Ames Building Services 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 Customer must obtain any permission for Ames Building Services 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 Customer shall indemnify Ames Building Services against all claims of whatsoever nature made by third parties arising out of the presence of Ames Building Services its employees, agents or sub-contractors on the Customer’s property save where such claim results directly from negligence on Ames Building Services part. The Customer shall be liable to Ames Building Services for all loss or damage whether direct, indirect or consequential which is suffered by Ames Building Services as a result of failure or delay by the Customer in performing the obligations referred to above.
Subject to paragraph 8 above and the exclusions listed below, Ames Building Services undertakes to repair or make good any defect in completed work which appears within six months of completion of the same to the extent that such defect arises from a breach of Ames Building Services obligations under this Contract and provided that details of the defect are notified by the Customer to Ames Building Services in writing within such period and that Ames Building Services 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 Ames Building Services and which is paid for by the Customer by the due date for payment ascertained in accordance with paragraph 6 above. If Ames Building Services returns to the site at the Customer’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 Ames Building Services, Ames Building Services reserves the right to charge the Customer for the visit at its standard rate as per paragraph 3 above. Ames Building Services reserves the right not to carry out any work under this paragraph 13 where the Customer cannot evidence that the work was originally carried out and completed by Ames Building Services 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 Ames Building Services.
– Systems or structures not installed by Ames Building Services.
– Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to Ames Building Services prior to the work having been undertaken.
– Defects resulting from misuse, wilful act, or faulty workmanship by the Customer or anyone working for or under the direction of the Customer (other than Ames Building Services).
– 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 Ames Building Services 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 Ames Building Services.
14. Force Majeure
Ames Building Services will use all reasonable endeavours to carry out the Works on the agreed dates but shall not be under any liability to the Customer 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 Ames Building Services control.
15. Customer’s Liability
The Customer 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 Customer’s obligations under these terms.
– Providing all necessary power and a clean water supply for Ames Building Services use in the execution of the contracted works.
– The safety of both plant and machinery belonging to or hired in by Ames Building Services or its employees, agents or sub-contractors and shall indemnify Ames Building Services against its loss, theft or damage.
16.1 If the Customer cancels the Contract without Ames Building Services consent other than pursuant to paragraph 3.2 above, the Customer shall indemnify Ames Building Services 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 Ames Building Services right to payment in accordance with paragraph 6 above.
16.2 If the Customer wishes to cancel an appointment for a visit by Ames Building Services, the Customer 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. If the cancellation is made 2 hours or less before the scheduled appointment time the fee will increase to £50 (plus VAT).
16.3 If the Customer cancels work to be undertaken pursuant to an estimate accepted by the Customer, subject to paragraph 3.2 above the Customer will be liable for a cancellation charge of 5% of the estimate price if the cancellation is made less than 14 days prior to the specified commencement date for the Works, 10% of the estimate price if the cancellation is made less than 7 days prior to the said specified commencement date and 20% of the estimate price if the cancellation is made less than 2 days prior to the said specified commencement date.
17. Removal of Waste Materials
Unless agreed in writing between the parties, the Customer will be responsible for the removal from site of all waste materials resulting from the Works.
18. Frozen Pipes
Ames Building Services will not be liable for any fracture found in frozen pipes attended by Ames Building Services. Ames Building Services will not guarantee to clear blockages occurring in a frozen pipe or drain.
19. Waiver, Variation etc.
No waiver by Ames Building Services of any breach by the Customer shall operate as a waiver of any preceding or subsequent breach by the Customer. No variation shall be effective against Ames Building Services unless sanctioned in writing by Ames Building Services. No forbearance or delay on Ames Building Services part shall prejudice Ames Building Services rights and remedies under this Contract.