The term “JP Property Maintenance Ltd” or “us” or “we” refers to the owner of the website whose registered office is 18 Gough Walk, Poplar, London, E14 6HN, United Kingdom. Our company registration number is 10569032. The term “you” refers to the user or viewer of our website.
- 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.
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 JP, “JP” means JP PROPERTY MAINTENANCE LTD, “Contract” means the agreement between the Customer and JP 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 JP (“the Agreement”)) the Agreement, “Works” means the works described in JP’s estimate and/or as referred to in JP’s Work Detail Sheet or any other document or email issued by JP, 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 according to JP’s reasonable discretion.
2.2 All estimates given by JP, 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 JP and the Customer, except where these terms are a schedule to a signed Agreement between the Customer and JP, in which event these terms apply only to the extent not inconsistent with that Agreement.
2.3 The Customer acknowledges that JP has not made any representations (other than any expressly stated in the Contract and/or in JP’s estimate) which have induced it to enter into the Contract and the Contract shall constitute the entire understanding between the Customer and JP 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 JP 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 JP is subject to withdrawal by JP at any time before receipt of an unqualified acceptance from the Customer and shall be deemed to be withdrawn unless so accepted within 7 days from its date.
3.2 Unless otherwise specified by JP 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 JP. JP’s final price will be calculated on the basis specified in the estimate, if any, or, if none, in accordance with JP’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, JP reserves the right to increase the price before carrying out the Works by an amount equivalent to any increase to JP in the cost of relevant materials, labour, equipment hire or transport since the date upon which JP’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 JP 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 JP 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 JP of £30. Materials will be supplied at cost net after JP discounts plus JP’s normal mark-up to cover handling, stock maintenance, etc.
3.4 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.
6.1 Payment by the Customer is due on completion of the Works. Payment must be made on such completion.
6.2 JP will seek to submit invoices to the Customer on 1-2 days of Work completion and, subject to paragraph 8 below, payment must be made by the Customer within 3 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 JP 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 1-2 days of completion, at the expiry of such 5 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 JP has agreed otherwise in writing.
6.5 JP 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 JP 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. JP 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, JP 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 5 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 JP against all actions, suits, claims, demands, losses, charges, costs and expenses which JP 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 JP’s entire liability in respect of the Works and JP’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 JP
JP`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 JP’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 JP’s negligence or that of its employees, agents or sub-contractors and the Customer incurs such costs.
The Customer shall provide clear access to enable JP 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 JP 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, JP 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 JP 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 JP against all claims of whatsoever nature made by third parties arising out of the presence of JP its employees, agents or sub-contractors on the Customer’s property save where such claim results directly from negligence on JP’s part. The Customer shall be liable to JP for all loss or damage whether direct, indirect or consequential which is suffered by JP 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, JP 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 JP’s obligations under this Contract and provided that details of the defect are notified by the Customer to JP in writing within such period and that JP 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 JP and which is paid for by the Customer by the due date for payment ascertained in accordance with paragraph 6 above. If JP 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 JP, JP reserves the right to charge the Customer for the visit at its standard rate as per paragraph 3 above. JP 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 JP 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 JP.
– Systems or structures not installed by JP.
– Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to JP 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 JP).
– 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 JP 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 JP.
14. Force Majeure
JP 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 JP’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 JP’s use in the execution of the contracted works.
– The safety of both plant and machinery belonging to or hired in by JP or its employees, agents or sub-contractors and shall indemnify JP against its loss, theft or damage.
16.1 If the Customer cancels the Contract without JP’s consent other than pursuant to paragraph 3.2 above, the Customer shall indemnify JP 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 JP’s right to payment in accordance with paragraph 6 above.
16.2 If the Customer wishes to cancel an appointment for a visit by JP, the Customer will incur a cancellation fee of £10 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.
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
JP will not be liable for any fracture found in frozen pipes attended by JP. JP will not guarantee to clear blockages occurring in a frozen pipe or drain.
19. Waiver, Variation etc.
No waiver by JP 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 JP unless sanctioned in writing by JP. No forbearance or delay on JP’s part shall prejudice JP’s rights and remedies under this Contract.