Download a copy: PalmerWebb Limited Terms and Conditions
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 PalmerWebb Limited, “Contract” means the agreement between the Customer and PalmerWebb Limited 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 PalmerWebb Limited (“the Agreement”) the Agreement, “Works” means the works described in PalmerWebb Limited’s estimate and/or as referred to in PalmerWebb Limited Work Detail Sheet or any other document or verbal contract issued by PalmerWebb Limited, 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 handheld 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 also include the plural number, where the context so requires.
2. General
2.1 The Customer will be treated as an Account Customer or a Non-Account Customer, according to PalmerWebb Limited’s reasonable discretion.
2.2 All estimates either verbal or written given by PalmerWebb Limited, 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 PalmerWebb Limited and the Customer, except where these terms are a schedule to a signed Agreement between the Customer and PalmerWebb Limited, in which event these terms apply only to the extent not inconsistent with that Agreement.
2.3 The Customer acknowledges that PalmerWebb Limited has not made any representations (other than any expressly stated in the Contract and/or in PalmerWebb Limited estimate) which have induced it to enter the Contract and the Contract shall constitute the entire understanding between the Customer and PalmerWebb Limited 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 PalmerWebb Limited 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 PalmerWebb Limited is subject to withdrawal by PalmerWebb Limited 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 PalmerWebb Limited in the relevant estimate, an estimate is not a firm or fixed price quotation even if it shall be called a quotation unless otherwise specified by PalmerWebb Limited. It is an estimate of the likely minimum cost of the Works, based on the information made available to PalmerWebb Limited. PalmerWebb Limited final price will be calculated on the basis specified in the estimate, if any, or, if none, in accordance with PalmerWebb Limited’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, PalmerWebb Limited reserves the right to increase the price before carrying out the Works by an amount equivalent to any increase to PalmerWebb Limited in the cost of relevant materials, labour, equipment hire or transport since the date upon which PalmerWebb Limited estimate, written, emailed or oral, was given, say 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 When any works is instructed by the Customer for PalmerWebb Limited to undertake. The Customer will either be given an hourly labour rate card or a written/verbal estimate cost (including or not including materials). The hourly rate card will always consist of a minimum of one hour’s labour & per 30 min price increments thereafter depending on the time spent. Labour costs will only constitute a fixed cost only if agreed either verbally or in writing by PalmerWebb Limited. If not, it will be an estimated cost – subject to the scope of works outlined, and reliant on no unforeseen obstacles effecting the works estimated that could not be known prior.
3.4 PalmerWebb Limited reserves the right to charge a fee for the collection of materials from its supplier. If the collection occurs whilst PalmerWebb Limited is on site, the time taken will be treated as an addition to the Works and charged at the relevant rate or alternatively a collection fee may be applied at the “companies” discretion. If the materials are ordered for subsequent collection and delivery, a charge may be made by PalmerWebb Limited. Materials will be supplied at cost net after PalmerWebb Limited’s discounts plus PalmerWebb Limited’s normal mark-up to cover handling, stock maintenance, etc.
3.5 PalmerWebb Limited’s standard rate cards are subject to change at any point and may alter on availability and location of works although the standard rate card applies to the majority of works undergone by PalmerWebb Limited. The standard rate may also alter depending on agreed pricing for Account Customers of PalmerWebb Limited.
3.6 The price payable by the Customer is calculated as specified in paragraph 3 above. Unless otherwise stated, the price and all estimates provided by PalmerWebb Limited are shown exclusive of Value Added Tax which will be payable in addition where properly chargeable.
3.7 In some instances, further works may only become apparent to be required once the accepted works have commenced. This can be due to unforeseen circumstances not visible or known at the point of the original quotation/estimate. Any alteration to an original specification will be quoted either verbally or written and must be accepted before the works continue.
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. Payment
5.1 Non-Account Customers: Payment by the Customer is due on immediate completion of the Works. Payment must be made on such completion.
5.2 Account Customers: PalmerWebb Limited will seek to submit invoices to the Customer within 14 days of completion of the Works and, subject to paragraph 7 below, payment must be made by the Customer within 30 days after the date of issue of the invoice.
5.3 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 PalmerWebb Limited 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.
5.4 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 PalmerWebb Limited has agreed otherwise in writing.
5.5 PalmerWebb Limited shall be entitled to interest daily 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.
5.6 PalmerWebb Limited 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.
5.7 Some works estimated/quoted by PalmerWebb Limited will be subject to a deposit payment before works are undertaken for the Customer. This deposit amount will be a maximum of 50% of the quoted/estimated works incl VAT and the final 50% will be due on completion of the works undertaken unless otherwise specified in writing. This is to cover larger material costs ordered by PalmerWebb Limited prior to works.
6. Commencement and Completion Dates
Dates specified for the commencement and completion of the Works are estimates only. PalmerWebb Limited. 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 15 below.
7. 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.
8. Indemnity
The Customer shall indemnify PalmerWebb Limited. against all actions, suits, claims, demands, losses, charges, costs and expenses which PalmerWebb Limited. 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.
9. Whole Agreement and Exclusion of Liability
These terms set out PalmerWebb Limited. entire liability in respect of the Works and PalmerWebb Limited. 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.
10. Limitation of Liability, and Liability of PalmerWebb Limited.
PalmerWebb Limited. liability shall be limited to:
10.1 the repair or making good of any defect pursuant to its undertaking in paragraph 13 below and subject always to paragraph 7 above.
10.2 liability for death or personal injury resulting from negligence while carrying out PalmerWebb Limited’s duties, and the reasonable costs of repair or reinstatement of any loss or damage to the Customer’s property if such loss or damage results from PalmerWebb Limited’s negligence or that of its employees, agents or sub-contractors and the Customer incurs such costs that have been notified prior subject to paragraph 7 and have followed our complaints procedure internally.
11. Access
11.1 The Customer shall provide clear access to enable PalmerWebb Limited. to undertake the Works prior to attendance. The client shall ensure that the working area is clear and safe of any potentially harmful substances or items – such as sharps, chemicals not stored correctly or anything knowingly that could cause danger to our personnel.
11.2 The Customer must obtain any permission for PalmerWebb Limited to proceed over property belonging to third parties if this is necessary for the proper execution of the Works and will make all necessary arrangements with the proper persons or authorities for any traffic controls and signals, other permits or permissions/consents required in connection with the carrying out of the Works (including planning permission’s and building control notifications)
11.3 The Customer shall indemnify PalmerWebb Limited against all claims of whatsoever nature made by third parties arising out of the presence of PalmerWebb Limited its employees, agents or sub-contractors on the Customer’s property save where such claim results directly from negligence on PalmerWebb Limited part. The Customer shall be liable to PalmerWebb Limited for all loss or damage whether direct, indirect, or consequential which is suffered by PalmerWebb Limited. as a result of failure or delay by the Customer in performing the obligations referred to above in 11.2 and or the required cancellation fees incurred.
12. Defects
12.1 Subject to paragraph 8 above and the exclusions listed below, PalmerWebb Limited. undertakes to repair or make good any defect in completed work which appears within 12 months of completion of the same to the extent that such defect arises from a breach of PalmerWebb Limited. obligations under this Contract. This is referred to as our “Workmanship Guarantee”.
12.2 Provided that details of the defect are notified by the Customer to PalmerWebb Limited subject to paragraph 7 or within a reasonable time frame dependent on the issue and location within reason. Whilst also having followed our internal complaints procedure; therefore, giving our insurers (if relevant) the opportunity of inspecting the work and the alleged defect prior to any action.
12.3 This undertaking shall only apply to work carried out and completed and invoiced by PalmerWebb Limited. and which is paid for by the Customer by the due date for payment ascertained in accordance with paragraph 5 above.
12.4 If PalmerWebb Limited’s 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 because of a breach of this Contract on the part of PalmerWebb Limited. PalmerWebb Limited reserves the right to charge the Customer for the visit at its standard rate card as per paragraph 3 above.
12.5 PalmerWebb Limited. reserves the right not to carry out any work under this paragraph 12 where the Customer cannot evidence that the work was originally carried out and completed by PalmerWebb Limited. or where payment has not been made in full for such work.
12.6 Exclusions including the above of this “Workmanship Guarantee” are:
- Parts and materials will be provided only with the benefit of the manufacturers or supplier’s guarantee, and are not guaranteed by PalmerWebb Limited. PalmerWebb Limited will not be liable for any costs associated with the replacement or repair of a defected part/materials and this must be taken up with the manufacturers directly where our supplier can no longer issue a replacement part for free on evidence of a defect. We cannot cover the labour for faulty parts due to not manufacturing the product. We may only cover the labour to replace a defected product if we have been notified as per paragraph 7 – therefore not providing a 12-month guarantee.
- Any system’s, structure, parts/materials not originally installed by PalmerWebb Limited.
- Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to PalmerWebb Limited. 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 PalmerWebb Limited) i.e a third party interference.
- Structural defects encompassing but not limited to subsidence and its resultant effect.
- Any previous works undertaken by PalmerWebb Limited. that has been affected by any other outside force out of PalmerWebb Limited’s control.
- Any work where PalmerWebb Limited. has stated either verbally or written that the work to be undertaken is not advisable and another option is recommended. For example, the instruction from the Customer to attempt to repair an object, system, part that PalmerWebb Limited has advised to replace for a more cost effective and reliable outcome.
- Any works carried out in relation to blockages in pipes or drainage systems.
- Any work carried out in relation to decorating.
- Any works where the original installation condition is defected causing the said “defect” to our new works. For an example Movement in an existing floor level, which movement is then causing a bath to move – therefore pulling away new silicone installed Or poorly installed original pipework angles, meaning the seal to joint connections is disrupted easily.
- Any attempted repair – which would be cheaper to attempt than a new installation. For example an attempted repair on a tap washer – which leaks again in 3 months time meaning its now best to replace the component.
- Any work that is not a new installation – i.e therefore not being covered on fault finding and diagnostics, or an attempted repair with no component or part use to make good of the existing part or component.
13. Force Majeure
PalmerWebb Limited 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 PalmerWebb Limited’s control.
14. 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 PalmerWebb Limited use in the execution of the contracted works.
- The safety of both plant and machinery belonging to or hired in by PalmerWebb Limited or its employees, agents or sub-contractors and shall indemnify PalmerWebb Limited against its loss, theft or damage.
15. Cancellation
15.1 If the Customer cancels the Contract without PalmerWebb Limited’s consent other than pursuant to paragraph 3.2 above, the Customer shall indemnify PalmerWebb Limited 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 PalmerWebb Limited’s right to payment in accordance with paragraph 5 above.
15.2 If the Customer wishes to cancel the appointment PalmerWebb Limited reserve the right to charge a 50% cancellation fee on the quoted labour – and charge for any materials that cannot be returned in full or a minimum restocking fee of 30% should they be returnable.
Cancellation Notice Required:
Under £600 Labour Cost of total works or remaining works (24hrs minimum required)
Over £600 – £1000 Labour Cost of total works or remaining works (48 hours minimum required) Over £1000 Labour Cost of total works or remaining works (5 working days minimum required)
Notice will be calculated within working hours only. There may be exceptional circumstances we do not apply a charge for cancellation, but this will be down to the discretion of the company and each individual circumstance.
15.3 In instances when the appointment for a visit from PalmerWebb Limited has been made by a third party (managing agent, landlord) who is not arranging the access at the property but has instructed the works. Cancellations or no access will still be subject to our cancellation policy as stated in the above paragraphs.
15.4 In accordance with paragraph 5.7 above, should the Customer cancel an appointment booked for an accepted estimate post deposit payment; the company reserves the right to retain the deposit and any labour & parts costs associated with cancellation in accordance with paragraph 15.2 above.
16. 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.
17. Frozen Pipes
PalmerWebb Limited will not be liable for any fracture found in frozen pipes attended by PalmerWebb Limited will not guarantee to clear blockages occurring in a frozen pipe or drains.
18. Asbestos
PalmerWebb Limited. will not carry out any works or continue works in the instance asbestos is found to be present or suspected to be present and not be liable for any damages or costs associated in the delay or cancellation of the works.
19. Pipe Work Blockages
PalmerWebb Limited. will not be liable for any reoccurrence of pipework blockages/waste pipe blockages, in any pipework previously worked on even within a 12-month period as per paragraph 12.6.
20. Decorating
PalmerWebb Limited. will not be liable for any decorating difference in paint matches and or paintwork that we have not carried out the new installation surface of. Even within a 12-month period as per paragraph 12.6
21. Waiver, Variation etc
No waiver by PalmerWebb Limited 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 PalmerWebb Limited. unless sanctioned in writing by PalmerWebb Limited. No forbearance or delay on PalmerWebb Limited’s part shall prejudice PalmerWebb Limited’s rights and remedies under this Contract.
22. Complaints Policy Final Response
Any acceptance of monetary deduction or refund, and or free time/materials provided to the Customer that is offered by PalmerWebb Limited. In our final complaint response. Will mean that PalmerWebb Limited will not be liable for any other defect or complaint relating to the same issue/work and this acceptance shall signify the completion of the complaints track. Should the customer then take the complaint to any third party, either by way of legal proceedings or review. The customer will be liable for any costs associated in admin fees, costs and or loss of earnings from this point.
By using PalmerWebb Limited you automatically accept and adhere to the above Terms & Conditions.
Refund Policy
PalmerWebb Limited operate a no refund policy in general. However, should there be any complaint in regard to the quality of our workmanship/products supplied, you can follow our complaints procedure below. The company will follow the appropriate steps to try and resolve your query in a timely and fair manner whilst taking into our account our Terms & conditions. This may result in a refund at the companies’ discretion, should it be found appropriate in that instance.
Complaints Procedure
- You must contact the company via email addressing it as a complaint within 14 days of the works in question being carried out, so we can investigate your concern.
- You can address your email to “Complaints at PalmerWebb Limted” and email the following address: [email protected]
- PalmerWebb Limited. will contact you within 7 working days to confirm receipt of your complaint and start investigation. Such as to arrange access to view the work in question, or to gain any further information relating to your concern from any parties involved.
- After investigations have been made PalmerWebb Limited. will aim to respond within a further 7 working days. This will be a written response in which we will outline our findings and try to conclude or resolution of the matter.
- All works are subject to our T&C’s.