Terms and Conditions

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Proact Property Maintenance's relationship with you in relation to this website.

The term "Proact Property Maintenance Ltd" or "us" or "we" refers to the owner of the website whose registered office is Fortis House, 160 London Road, Barking, Essex, IG11 8BB, United Kingdom. Our company registration number is 07589575. The term "you" refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

Proact Property Maintenance Full Terms & 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 PROACT, “PROACT” means PROACT PROPERTY MAINTENANCE LTD (“PPML”) or, as the case may be, a franchisee of PPML carrying on business pursuant to a Franchise Licence Agreement entered into with PPML, “Contract” means the agreement between the Customer and PROACT 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 PROACT (“the Agreement”)) the Agreement, “Works” means the works described in PROACT’s estimate and/or as referred to in PROACT’s Work Detail Sheet or any other document or email issued by PROACT, 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. General

2.1 The Customer will be treated as an Account Customer or a Non-Account Customer, according to PROACT’s reasonable discretion.

2.2 All estimates given by PROACT, 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 PROACT and the Customer, except where these terms are a schedule to a signed Agreement between the Customer and PROACT, in which event these terms apply only to the extent not inconsistent with that Agreement.

2.3 The Customer acknowledges that PROACT has not made any representations (other than any expressly stated in the Contract and/or in PROACT’s estimate) which have induced it to enter into the Contract and the Contract shall constitute the entire understanding between the Customer and PROACT 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 PROACT 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 PROACT is subject to withdrawal by PROACT 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 PROACT 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 PROACT. PROACT’s final price will be calculated on the basis specified in the estimate, if any, or, if none, in accordance with PROACT’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, PROACT reserves the right to increase the price before carrying out the Works by an amount equivalent to any increase to PROACT in the cost of relevant materials, labour, equipment hire or transport since the date upon which PROACT’s 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 PROACT 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 PROACT 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 PROACT of £50 plus VAT. Materials will be supplied at cost net after PROACT discounts plus PROACT’s normal mark-up to cover handling, stock maintenance, etc.

3.4 PROACT’s standard Account Rate Card is available for inspection at PROACT’s 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 PROACT are shown exclusive of Value Added Tax which will be payable in addition where properly chargeable.

6. Payment

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: PROACT will seek to submit invoices to the Customer within 14 days of completion of the Works and, subject to paragraph 8 below, payment must be made by the Customer within 30 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 PROACT 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 PROACT has agreed otherwise in writing.

6.5 PROACT shall be entitled to interest on a daily basis 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.

6.6 PROACT 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.

7. Commencement and Completion Dates

Dates specified for the commencement and completion of the Works are estimates only. PROACT 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, PROACT 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.

9. Indemnity

The Customer shall indemnify PROACT against all actions, suits, claims, demands, losses, charges, costs and expenses which PROACT 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 PROACT’s entire liability in respect of the Works and PROACT’s 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 PROACT

PROACT’s 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 PROACT’s 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 PROACT’s negligence or that of its employees, agents or sub-contractors and the Customer incurs such costs.

12. Access

The Customer shall provide clear access to enable PROACT 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 PROACT 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, PROACT 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 PROACT 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 PROACT against all claims of whatsoever nature made by third parties arising out of the presence of PROACT its employees, agents or sub-contractors on the Customer’s property save where such claim results directly from negligence on PROACT’s part. The Customer shall be liable to PROACT for all loss or damage whether direct, indirect or consequential which is suffered by PROACT as a result of failure or delay by the Customer in performing the obligations referred to above.

13. Defects

Subject to paragraph 8 above and the exclusions listed below, PROACT 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 PROACT’s obligations under this Contract and provided that details of the defect are notified by the Customer to PROACT in writing within such period and that PROACT 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 PROACT and which is paid for by the Customer by the due date for payment ascertained in accordance with paragraph 6 above. If PROACT 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 PROACT, PROACT reserves the right to charge the Customer for the visit at its standard rate as per paragraph 3 above. PROACT 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 PROACT 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 PROACT.

- Systems or structures not installed by PROACT.

- Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to PROACT 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 PROACT).

- 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 PROACT 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 PROACT.

14. Force Majeure

PROACT 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 PROACT’s 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 PROACT’s use in the execution of the contracted works.

- The safety of both plant and machinery belonging to or hired in by PROACT or its employees, agents or sub-contractors and shall indemnify PROACT against its loss, theft or damage.

16. Cancellation

16.1 If the Customer cancels the Contract without PROACT’s consent other than pursuant to paragraph 3.2 above, the Customer shall indemnify PROACT 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 PROACT’s right to payment in accordance with paragraph 6 above.

16.2 If the Customer wishes to cancel an appointment for a visit by PROACT, 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

PROACT will not be liable for any fracture found in frozen pipes attended by PROACT. PROACT will not guarantee to clear blockages occurring in a frozen pipe or drain.

19. Waiver, Variation etc.

No waiver by PROACT 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 PROACT unless sanctioned in writing by PROACT. No forbearance or delay on PROACT’s part shall prejudice PROACT’s rights and remedies under this Contract.

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