St Austell Handyman Ltd – Terms and Conditions

Effective Date: 30/06/2025

These Terms and Conditions apply to all Services provided by us,  St Austell Handyman Ltd, a company registered in England and Wales under number 14723154, whose registered office address is 44 Jubilee Meadow, St. Austell, England, PL25 3EX (referred to as “the Company/we/us/our”).

  1. Definitions and Interpretation 
    1. In these Terms and Conditions, unless the context otherwise requires, the following terms have the following meanings:

“Contract” means the contract formed upon your acceptance of our Quotation, as detailed in clause 2; 

            “Consumer” is as defined in the Consumer Rights Act 2015; 

“Client/You/Your” means you, the consumer, firm or corporate body purchasing the Services;

            “Property” means the property at which the Services are to be carried out by us;

“Quotation” means our estimate for providing the Services, which unless otherwise stated, remains open for acceptance for a period of 30 days and constitutes our entire scope of works; 

“Services” means the various handyman services and/or any other services as to be provided by us to you as detailed in our Quotation; and 

            “Website”  means https://staustellhandyman.co.uk/.

  1. Each reference in these Terms and Conditions to:
    1. “writing” and “written” includes emails;
    2. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
    3. “these Terms and Conditions” is a reference to these Terms and Conditions as may be amended or supplemented at the relevant time;
    4. a clause is a reference to a clause of these Terms and Conditions; and
    5. a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
  2. The headings used in these Terms and Conditions are for convenience only and will have no effect on their interpretation.
  3. Words imparting the singular number shall include the plural and vice versa.  References to any gender shall include the other gender. References to persons shall include corporations.
  1. The Contract
    1. These Terms and Conditions govern the sale and provision of our Services and will form the basis of the Contract between you and us.  Under the Contract, we will provide our Services and you will pay for them in accordance with the terms set out in these Terms and Conditions.  
    2. You can enquire via our website, over the phone, in person, by email or via social media. Where necessary, we may arrange a survey of the property.  At the time of the survey, the property should be made available and fully accessible, and our Quotation will be based on any findings at this time unless otherwise agreed by us.  Any findings that have changed since the survey, were not evident at the time of survey or where a survey was not possible will be added to the contract price.  
    3. We offer various pricing models depending on the nature of the Services:
      1. Fixed Price Jobs: A set fee agreed in advance for straightforward tasks.
      2. Time-Based Jobs: Certain services may be charged on a half-hourly or hourly basis where the scope of work is open-ended.
      3. Scoped Projects: For complex or multi-phase projects, a custom quotation will be issued following a survey.
    4. Our Quotation is based on the information provided us at the time we prepare it.  If any errors or discrepancies become evident which affect our price, we reserve the right to make adjustments to it.
    5. A legally binding Contract between you and us will be created when you accept our Quotation.  Before accepting our Quotation, please ensure that you have read these Terms and Conditions carefully.  If you are unsure about any part of these Terms and Conditions, please ask us for clarification.  No terms or conditions issued or referred to by you in any form will in any way vary or add to these Terms and Conditions unless we agree otherwise in writing.
  1. The Services
    1. We will ensure that our Services are provided with reasonable care and skill and in accordance with best trade practice.  
    2. We will require you to grant us unrestricted access to the property at all reasonable times for the purposes of taking measurements and or carrying out the Services, and for any subsequent remedial work if required.
    3. We will provide the Services in accordance with the specification set out in the accepted Quotation (as may be amended by written agreement between you and us from time to time, however we shall not be liable to begin amendments until we have received written confirmation).
    4. We will ensure that the Services are performed with reasonable care and skill and to a reasonable standard which is consistent with all relevant codes of practice, best trade practice and all current building regulations.
    5. We will ensure that no parts of the Property suffer damage as a result of our provision of the Services. This does not apply to any damage caused to any existing decorations which is reasonably commensurate with the carrying out of works in the usual way.  We will make good any other damage that occurs at no additional expense to you, as soon as is reasonably possible.
    6. Any dates given by us are estimates only and unless otherwise specifically agreed by us in writing, we shall have no obligation to complete the works by a specified date. Time shall not be of the essence of this contract.
    7. From time to time, we may take photos of the Services for marketing and social media purposes.  We will use all reasonable endeavours to remove any identifying features such as any persons. If you are unhappy with our posts, let us know as soon as possible and we will remove or edit them.
    8. The Services shall be considered complete on our notification to you that they have been successfully completed.
    9. We may provide suggestions for products or other services to be provided to you by a third party.  You are under no obligation to accept these suggestions but if you decide to, you will need to ensure the relevant supplier is suitable for your needs.  A separate contractual relationship will be created between you and the supplier, under separate terms and conditions.  You will be responsible for making arrangements and paying the supplier directly and they will be liable to you directly for their actions or inactions. 
    10. While performing the Services, we may instruct you to clear the area of valuable, delicate and other items and we cannot be held responsible if you fail to do so.  We will assess whether the working environment is safe and will not move furniture or other obstacles to gain access to the required parts of the Property if this work is more than minimal (which will be decided at our sole discretion).  
    11. You are responsible for ensuring that, where necessary:
      1. the Property is suitable for our Services to be carried out;
      2. we can access the Property on the agreed dates and at the agreed times.  Our price is based on being able to complete our Services in one continuous visit or where we are carrying out our Services in phases, each phased visit is to be continuous; 
      3. there is adequate free parking at the Property for the number of vehicles needed to carry out the Services. If this is not the case, you agree to inform us of any parking restrictions which may apply;
      4. if any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, these have been obtained by you before we begin the Services.  If we require access to neighbouring land, it is your responsibility to ensure that access is granted; and
      5. suitable welfare facilities, gas, water and electricity are provided at no cost to us, where necessary, to enable us to carry out our Services.
    12. If you fail to comply with any of your responsibilities under these Terms and Conditions, then we reserve the right to charge for any costs we may incur, such as for storage of Materials or non-productive visits to the Property, and we will not be held liable for any delays incurred as a result.  
  1. Price and Payment
    1. Unless otherwise agreed by us, our standard payment terms are as follows:
      1. 50% of the quoted amount is payable as a deposit once our Quotation is accepted.  Please note that we will be unable to commence the works until this deposit has been paid in full; and 
      2. The remainder of the quoted amount shall be invoiced upon the completion of the Services. 
    2. We reserve the right to charge additional staged payments as the Services progress, to issue the final invoice at any time if the Services are delayed through no fault of our own, and/or to request 100% of the quoted fee up front at our sole discretion. We will inform you where this is the case.
    3. All invoices are payable in full within 30 days, without set off, withholding, retention or deduction, unless otherwise agreed by us.
    4. Where pricing is based on time, a minimum charge will apply, and all time is rounded up to the nearest 30 minutes unless agreed otherwise in writing.
    5. Any variations must be agreed in writing before we can proceed and are payable in accordance with this clause 4.  Please be aware that variations may result in delays to any estimated programme dates.  
    6. The time of payment is of the essence of the Contract.  If you fail to make any payment to us by the due date then, without prejudice to any other right or remedy available to us, we will have the right to suspend the Services and charge you interest on a daily basis at the rate of 8% per annum above the Bank of England base rate from time to time in force, both before and after judgment, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.  We also reserve the right to charge for any costs we incur in attempting to recover the debt. 
  1. Cancellation for Consumers 
    1. Except where the Contract was formed in person, at our premises, if you are a Consumer, you have a statutory right to a “cooling off” period. This period begins once the Contract is formed as set out in clause 2 and ends at the end of 14 calendar days after that date.
    2. If you wish to cancel the Contract within the cooling off period, you should inform us immediately using the contact details provided with our Quotation. You will meet the cancellation deadline as long as you have sent your cancellation notice before the 14 days have expired.
    3. If you cancel within the cooling off period, you will receive a full refund of any amount paid to us under the Contract, including any initial deposit.  Any refunds will be made within 14 days after the day on which we are informed of the cancellation, using the same method used to make the payment, unless you request otherwise. 
    4. If you wish for our Services to start within the cooling off period, you must make an express request for us to do so.  You acknowledge and agree that if you do so, you will lose your right to cancel if our Services are completed within the 14-day cooling off period.  If we have begun providing our Services, you will be required to pay for any Services provided up to the point at which you informed us of your wish to cancel.
    5. Where you are not a Consumer or after the expiry of the cooling off period as set out in clause 5.1, or if you choose to waive your right to this, as set out in clause 5.4, the provisions of clause 6 shall apply. 
  1. Cancellation for non-Consumers and outside of the 14 -day cooling off period: 
    1. Where Clause 5.5 applies, you are not permitted to cancel the Contract without providing 48 hours written notice to us. Should you cancel the Services without providing this notice, then we reserve the right to levy reasonable cancellation charges including, but not limited to, any administration costs, design time, procurement costs and loss of profit, against you and these shall fall due for payment immediately upon cancellation. 
    2. We reserve the right to cancel the Contract at any time and will inform you in writing where this is the case.
    3. Either party may terminate the Contract immediately if the other:
    4. has committed a material breach of this Contract, unless the breach is capable of remedy, in which case the right to terminate immediately will be exercisable if the other party has failed to remedy the breach within 14 days after a written notice to do so; or 
    5. goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.
    6. Upon termination, all payments required under the Contract will become due and immediately payable. In respect of Services provided but for which no invoice has been submitted, we will be entitled to submit an invoice, which will become immediately due and payable. 
  1. Warranty 
    1. Subject to the remainder of this clause 7, we warrant that the Services will be free from defects in workmanship for a period of 12 months of practical completion unless otherwise agreed by us in writing. 
    2. The above warranty is given by us subject to the following conditions:
      1. You shall notify us of any defects within 72 hours of notice of such defect;
      2. we shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, interference by any third party and failure to follow our instructions (whether oral or in writing); and 
      3. we shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the  Services has not been paid by the due date for payment. 
  1. Assignment and Sub-Contracting 
    1. You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this Contract.
    2. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under this Contract, without your prior consent.  If we sub-contract any of our obligations, we will be responsible for every act or omission of the sub-contractor as if it were an act or omission of our own.
  1. Our Liability
    1. Except in respect of death or personal injury caused by our negligence, we will not, by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the express terms contained in the Contract, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our servants or agents or otherwise) in connection with the performance of our obligations under the Contract.  All warranties or conditions whether express or implied by law are expressly excluded, to the maximum extent permitted by law.
    2. We cannot be held responsible for any failure or delay in providing our Services or for any costs or losses sustained or incurred where our failure or delay was caused by incorrect information supplied by you, or your failure to comply with any of the obligations detailed in these Terms and Conditions.
    3. We may provide you with advice and guidance, however, we cannot accept responsibility for the application of advice or guidance, or for any actions taken as a result, nor can we be held liable for any consequences should our advice not be taken.  
    4. In the event of a breach by us of our express obligations under these Terms and Conditions, your remedies will be limited to damages, which in any event, will not exceed the fees paid by you under the Contract. 
    5. We will use our own exclusive judgement when deciding upon artistic factors required for the provision of the Services.  To the extent permissible by law, we will not accept liability, and no refunds will be offered, in the unlikely event that you are dissatisfied due to a matter of personal taste.
    6. Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
  1. Intellectual Property Rights
    1. You warrant that any document given to us will not cause us to infringe the intellectual property or other legal rights of any third party.
    2. We reserve the right to take photographs of the Property for our own promotional purposes.  Please advise us when accepting our Quotation if you do not agree to this.
  1. Events Outside of Our Control (Force Majeure):  We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism or war, governmental action, epidemic or other natural disaster, or any other event that is beyond our control.
  1. Complaints and Feedback
    1. We always welcome feedback from our clients and, whilst we always use all reasonable endeavours to ensure that your experience as a client of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
    2. If you wish to complain about any aspect of your dealings with us, please contact us in writing in the first instance.
    3. All complaints must be submitted in writing within 72 hours of completion of Services. We aim to respond within 5 business days.
  1. Data Protection
    1. Both parties agree to comply with all applicable data protection legislation including, but not limited to, the Data Protection Act 2018, the UK General Data Protection Regulation and any subsequent amendments.
    2. If you provide us with, or allow us access to, the personal data of any other person, it is your responsibility to obtain permission from those persons to pass their data to us, as a third party.  We will only use that data to provide our Services and will not use it for any other purpose.  
    3. For further information, please refer to our privacy policy, available on request. 
  1. Other Important Terms
    1. Nothing in the Contract will render or be deemed to render us an employee or agent of yours or you an employee or agent of ours.
    2. The Contract is between you and us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any part of these Terms and Conditions.
    3. Any part of these Terms and Conditions found to be unlawful, invalid or otherwise unenforceable would be severed from our Contract. This will not affect the validity and enforceability of the remaining parts of the Contract. 
    4. If the rights under these Terms and Conditions are not exercised or enforced following a breach of contract by either party, this does not mean that either of us has waived our right to do so at a later date.
    5. Notices will be deemed to have been duly received and properly served 24 hours after an email is sent, or three working days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that it was properly addressed to the address provided, stamped and placed in the post and in the case of an email, that it was sent to the specified email address of the addressee. 
  1. Governing Law and Jurisdiction
    1. These Terms and Conditions (and the Contract), including any non-contractual matters and obligations arising from them or associated with them, will be governed by, and construed in accordance with, the laws of England and Wales.
    2. Any dispute, controversy, proceedings or claim between us and you relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising from them or associated with them) will fall within the jurisdiction of the courts of England and Wales.