Malbet Ltd Terms of Business

VersionVersion 1.2

Published03/03/2021

Last Updated 25/05/2021

If you have any issues with the service provided, please contact Malbet Ltd as soon as possible so that we can rectify the problem. We ask that a description of the issue is sent to us along with photos to display any concerns. We will aim to fix the issue in a prompt and professional manner.

 

These Terms of Business (“Terms”) apply to the Services supplied to you by Malbet Limited, company number: SC591752 having its registered office at 37 / 9 Malbet Park, Edinburgh, EH16 6SY (“the Tradesperson”).

 

  1. Definitions

    1. Business Day means a day other than a Saturday, Sunday or public holiday in Scotland, when banks in Edinburgh are open for business.

    2. Completion means the completion of the Services or a part thereof to a state in which the full Services can be utilised by you notwithstanding that minor or inconsequential snagging works may remain

    3. Contract Sum means the total sum set out in the Quotation, together with the cost of any Materials, as being payable by you to the Tradesperson for the carrying out and completion of the Services

    4. Materials means the material required to perform the Services.

    5. Quotation/Estimate means the quotation or estimate for work to be carried out, provided to you by the Tradesperson in relation to the Services

    6. Services means the services for works supplied to you by the Tradesperson 

 

  1.  General

    1. You confirm that you are the owner of the property in respect of which the Services are to be supplied (“the Property”) or that you have sufficient authority to instruct the services. 

    2. Services will be carried out by either the Tradesperson, an employee of the Tradesperson or contractor approved by the Tradesperson.

 

  1. Our contract with you

    1. Quotations/Estimates  

      1. Quotations/Estimates constitute an offer by the Tradesperson to carry out the Services in accordance with these Terms.

      2. The Quotation/Estimate shall only be deemed to be accepted when you issue written acceptance of the Quotation/Estimate at which point and on which date the Contract shall come into existence (Commencement Date). 

      3. Any Quotations/Estimates given by the Tradesperson shall remain valid for thirty Business Days from date of issue.  

      4. The Tradesperson shall not commence supply of any Services until you have accepted the Quotation/Estimate in writing.

 

  1. Charges

    1. You undertake to pay the Tradesperson the Contract Sum in respect of carrying out and on completion of the Services

    2. Where you are paying for a Tradesperson’s time by the hour, it will be charged per full hour or part thereof. 

    3. The Tradesperson relies on information supplied by you on the basis that such information is complete and comprehensive of any details that may affect the Services.

    4. The Tradesperson shall increase the price of the Quotation/Estimate and the Contract Sum by giving notice to you at any time, to reflect the increase in the cost of Services to the Customer that is due to:

      1. Any factor beyond the control of the Tradesperson (including increases in taxes and duties, and increases in labour, materials and other manufacturing costs); 

      2. Any request by you to change the delivery date(s) or types of services provided;

      3. Any delay caused by any instructions from you in respect of the Services or your failure to give the Tradesperson adequate or accurate information or instructions in respect of the Property or Services. 

 

  1. Materials

    1. Unless agreed in writing by you and the Tradesperson, the Tradesperson will be responsible for supply, but not cost, of all Materials.  Quotes do not include the cost of Materials unless otherwise stated.  Materials will be of a specification reasonably appropriate to the Services and no particular specification is guaranteed unless agreed in writing with you.  

    2. You will be liable for payment of the Materials and any costs of their acquisition once they have been purchased irrespective of Completion of the Services

    3. You shall pay in advance the cost of Materials required to supply the Services, when so requested

    4. Where you are supplying the Materials you will bear sole responsibility for any warranties. If incorrect or defective materials are supplied you will be responsible for their replacement or repair or pay for the Tradesperson’s time to make suitable arrangements. The Tradesperson reserves the right to decline to install Materials supplied by you that they consider inappropriate for the purposes they are required for.

    5. Where the Tradesperson supplies the Materials, the Tradesperson will use reasonable care to source suitable quality Materials from reputable suppliers.  If any such Materials are found to be defective before completion of the Services, the Tradesperson will use reasonable endeavours to have it repaired or replaced according to the supplier’s or manufacturer’s obligations, but will be entitled to charge for their time in doing so.  If any such Materials are found to be defective after completion of the Services, it will be for you at your own cost to seek a remedy against the supplier or manufacturer. 

 

  1. Payment

    1. The Tradesperson shall invoice you prior to works commencing, on commencement date or on completion as agreed.

    2. You shall pay each invoice submitted by the Tradesperson within 7 Business Days of the invoice

    3. All amounts payable are exclusive of VAT (that is to say if VAT is chargeable by law it will be payable in addition to the price quoted) unless expressly stated otherwise. If you fail to make a payment due to the Tradesperson by the due date, then, you shall pay interest on the overdue sum until the payment of the overdue sum. Interest under this clause will accrue each day at 8% per annum above the Bank of Scotland’s base rate from time to time. You shall pay the interest, together with a late payment fee of £40 for each invoice issued or payment received under clause 6.a, and the overdue amount.

    4. You shall pay all fees, charges, expenses and legal costs incurred by the Tradesperson in recovering unpaid fees, debts, charges and amounts invoiced to you.

 

  1. Cancellation and Delay

    1. We reserve the right to invoice you for payment, including supplies purchased, Tradesperson’s time, and other fees and charges incurred where:

      1. you cancel or delay any Services less than 48 hours before they were due to commence; or

      2. Services cannot commence as scheduled due to your failure to make available either:

        1. access to the Property; or 

        2. Where it is your responsibility, to supply the Materials and you have failed to supply these.

 

  1. Progress

    1. We will use reasonable endeavours to meet any performance dates for the Services but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.

    2. We will use reasonable endeavours to give you at least 48 hours’ notice of any delay in supply of any Services. 

    3. If the Tradesperson is or shall be delayed or disrupted in the execution of the Services other than by reason of a breach of these Terms by the Tradesperson, then the Tradesperson shall have such additional time as it considers reasonably necessary in order to complete the Services. The Tradesperson shall also be entitled on written request to reimbursement for its reasonable additional costs (on the basis of its current day rates) resulting from such delay or disruption

    4. In the event that the Tradesperson and you agree that minor or inconsequential snagging works remain at the date of Completion of the Services, the Tradesperson shall be obliged to complete and rectify any such snagging works within a reasonable period, and you may retain up to 10% of the Contract Sum for up to 30 days after such snagging works are rectified.

 

  1. Defective Works and Disputes

    1. The Tradesperson shall, as soon as reasonably practicable repair, replace or otherwise remedy any defective work of which you have claimed if, within 7 business days of Completion of the Work:

      1. You have given notice in writing of the defect to:

        1. By post to 37 / 9 Malbet Park, Edinburgh, EH16 6SY;  or

        2. By email to contact@malbet.co.uk 

and

      1. You provide access to the Property during normal working hours (M – F, 9 – 5:30) in order to affect such a remedy

    1. Failing such notification under clause 9.a.i, you will be deemed satisfied with the Services. 

    2. The Tradesperson shall not be responsible where the Services or any part of them have been performed or altered by a third party other than the Tradesperson. If you engage the services of a third party to remedy any work without giving the Tradesperson the opportunity to remedy any defective work the Tradesperson shall have no responsibility to carry out a remedy, whether under warranty or otherwise, and you shall pay the Invoice of the Tradesperson in full unless otherwise agreed in writing.

    3. In the event that a mutually agreeable course of action to remedy a dispute is not reached between you and the Tradesperson you shall engage the services of an independent mediator and will abide by the terms of any resolution put forward. In the event that a paid for mediator is engaged you agree to pay half the mediators fees.

    4. In the event of a dispute or defective work you will not withhold more than 10% of the Contract Sum beyond the agreed payment terms unless agreed in writing by the Tradesperson.  Late payment fees and charges as laid out in clause 6.c will be applied if you so do.

 

  1. Termination

    1. Without affecting any other right or remedy available to it, either party may suspend or terminate this Contract with immediate effect by giving written notice to the other party if the other party is in material breach of its obligations and fails to remedy such material breach (if such breach is remediable) within 21 days of receipt of notice in writing to do so.

    2. On termination you shall immediately pay to the Tradesperson all outstanding unpaid invoices and interest and, in respect of Services and Materials supplied but for which no invoice has been submitted, the Tradesperson shall submit an invoice, which shall be payable by you immediately on receipt.

 

  1. Limitations of Liability, and Site Preparation

    1. Nothing in these Terms limits any liability which cannot legally be limited, including but not limited to liability for:

      1. death or personal injury caused by negligence;

      2. fraud or fraudulent misrepresentation

    2. Except in relation to matters set out in clause 10.b, the Tradesperson’s maximum aggregate liability (including without limitation in negligence) shall be limited to all fees received by the Tradesperson from you in relation to the Services.

    3. The Tradesperson will take reasonable care not to damage any of your belongings in the course of providing the Services, but it is your responsibility to clear the area in which the Services are to be provided of all items which might be at risk of damage if left in the vicinity, having regard to the nature of the Services and any directions given to you by the Tradesperson in this respect, and the Tradesperson will have no liability to you for damage to any items not so removed.

 

  1. Data Privacy 

    1. The Tradesperson will comply with the General Data Protection Regulation (EU) 2016 in relation to any personal data about you.  The Tradesperson will not pass your personal data to any third party without your consent, save such data as it is necessary to pass to the Companies sub-contractors in connection with supply of Services. 

 

  1. General

    1. Variation. The Tradesperson reserves the right to vary these Terms from time to time, any such variation being binding on you one week after notification to you.

    2. Severance. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

    3. Waiver. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

    4. Entire Agreement. This Agreement constitutes the entire agreement between the Tradesperson and you as to the subject matter hereof and supersedes all previous communications, representations and arrangements, either written or oral (other than fraudulent misrepresentation). 

    5. Notices. Any notice to be given under this Agreement may be given via E-mail, regular mail, or by hand to the address provided on the Website or otherwise as notified by one party to the other.

    6. Governing Law and Jurisdiction. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by Scots Law and the parties submit to the non-exclusive jurisdiction of the Scottish Courts.

    7. Force Majeure. Events outside the control of the Tradesperson and you (including acts of God, strikes, riots, acts of war shall not immediately terminate the contract but neither party will be liable for any delay resulting therefrom.  Where however, force majeure prevents performance of either party’s obligations for more than three months, either party may withdraw from the contract but in that event you will be liable to the Tradesperson for any Services already supplied and any materials purchased in connection therewith.