Terms & Conditions
Company: Devon Home Maintenance Ltd
Company Number: 15637338
VAT Registration Number: 486300979
Registered Office: 29 Headingley Close, Exeter, Devon, EX2 5UH
Email: info@devonhomemaintenance.uk
Telephone: 07391092619
1. Definitions
In these Terms and Conditions:
“Company”, “we”, “us” or “our” means Devon Home Maintenance.
“Customer”, “you” or “your” means the person, business or organisation purchasing Services from us.
“Services” means maintenance, repair, inspection, servicing, installation or related services provided by us.
“Premises” means the property or location at which the Services are to be carried out.
“Contract” means the agreement between us for the provision of Services, incorporating these Terms and Conditions, any quotation, specification, schedule of works and any agreed variation.
“Business Customer” means a customer acting wholly or mainly for purposes relating to their trade, business, craft or profession.
“Consumer” means an individual acting for purposes wholly or mainly outside their trade, business, craft or profession.
2. Application of These Terms
2.1. These Terms apply to all Services supplied by us unless otherwise agreed in writing.
2.2. A quotation, estimate or proposal issued by us does not constitute acceptance of an order until confirmed by us.
2.3. No variation to these Terms shall be binding unless agreed by an authorised representative of the Company.
2.4. Where the Customer is a Consumer, nothing in these Terms is intended to exclude or restrict any statutory rights or remedies that cannot lawfully be excluded or restricted.
3. Quotations and Estimates
3.1. Unless expressly stated otherwise, quotations are valid for 30 days.
3.2. A quotation is based on the information reasonably available to us at the time it is prepared.
3.3. Where concealed defects, unforeseen conditions or additional works are discovered, we may provide a revised quotation or estimate before carrying out additional chargeable work.
3.4. Unless expressly stated otherwise, VAT will be added to all costs: labour, materials, specialist equipment, permits, access equipment, disposal charges, parking charges and third-party costs.
3.5 Estimates are not fixed prices unless expressly identified as such in writing.
4. Scope of Services
4.1. We shall provide the Services described in the applicable quotation, work order or service agreement.
4.2. Work outside the agreed scope may be charged separately.
4.3. Where additional work is reasonably necessary to make the Premises, equipment or system safe, prevent further damage or complete the agreed Services, we may notify the Customer and seek approval before proceeding where reasonably practicable.
4.4. We reserve the right to decline work where the condition of equipment, premises or working conditions presents a health, safety or other material risk.
4.5. Any changes or additional work requested by the client may result in additional charges and/or an extension of the project completion time.
Agreement via:
Email;
WhatsApp;
SMS
may be treated as written confirmation of additional work or changes.
5. Emergency and Call-Out Services
5.1. Emergency or out-of-hours Services may be subject to different rates.
5.2. Unless expressly guaranteed under a service-level agreement, stated response times are targets and not guaranteed completion times.
5.3. Our response may be delayed by circumstances outside our reasonable control, including traffic, severe weather, availability of parts, restricted access, emergencies, utility failures or third-party delays.
5.4. A call-out charge may apply even where no repair is ultimately carried out.
6. Customer Responsibilities
6.1. The Customer shall:
a. Provide safe and reasonable access to the Premises;
b. Provide accurate information concerning the reported fault or required Services;
c. Identify known hazards, asbestos-containing materials and other relevant risks where reasonably known;
d. Obtain any necessary permissions, consents or landlord approvals;
e. Ensure that utilities and services required to perform the work are available where applicable;
f. Remove or protect valuable, fragile or personal items where reasonably necessary;
g. Ensure that the Premises are reasonably safe for our personnel and contractors; and
h. Provide access to relevant equipment, documentation, keys, codes or instructions where required.
6.2. We shall not be responsible for delays or additional costs resulting from the Customer's failure to meet these responsibilities.
7. Access and Security
7.1. The Customer authorises our employees and authorised contractors to enter the Premises for the purpose of providing the Services.
7.2. Where keys, access codes or security information are provided, the Customer remains responsible for ensuring that access arrangements are accurate and current.
7.3. We shall take reasonable care of keys and security information provided to us.
7.4. Devon Home Maintenance Limited may take photographs before, during and after the work for the purposes of:
recording the initial condition of the property
recording existing damage
documenting problems discovered during the work
monitoring the progress of the work
evidencing work carried out
The use of photographs on the company's website, social media, advertising or other marketing materials should be dealt with separately and carried out only where appropriate permission and/or a lawful basis exists.
8. Health and Safety
8.1. We shall take reasonable steps to carry out the Services safely and in accordance with applicable UK health and safety requirements.
8.2. We may suspend or refuse work where we reasonably consider that conditions are unsafe.
8.3. Additional charges may apply where specialist equipment, protective measures, isolation procedures, permits or additional labour are reasonably required to carry out the Services safely.
9. Materials, Parts and Equipment
9.1. Unless otherwise agreed, materials and replacement parts required for the Services shall be charged to the Customer.
9.2. Replacement parts shall normally be of suitable quality and specification for the intended application.
9.3. Where reasonably practicable, we shall seek the Customer's approval before incurring significant additional expenditure on parts or materials.
9.4. Parts supplied by the Customer are used at the Customer's risk. We do not warrant the quality, suitability or compatibility of customer-supplied parts.
9.5. Removed parts may be retained, returned or disposed of in accordance with the Customer's instructions and applicable requirements.
9.6. If the client supplies materials, equipment, sanitaryware or other products themselves, the client is responsible for ensuring that they are:
the correct type and size
suitable for installation
available by the required date
in good working order and undamaged
9.7. If client-supplied materials or products are found to be incorrect, damaged, incompatible, defective or delivered late, any additional labour time, waiting time, return visits or delays may be charged separately.
9.8. The company will make reasonable efforts to match existing:
paint colours
tiles
bricks
mortar
flooring
sanitaryware
other materials and finishes
However, an exact match cannot be guaranteed, particularly where existing materials are old, faded, weathered, discontinued or no longer available for purchase.
10. Additional Work and Variations
10.1. If additional work is required, we shall, where reasonably practicable, inform the Customer of the nature and likely cost before undertaking it.
10.2. Additional work may be charged at our prevailing labour rates plus applicable materials and other costs.
10.3. In an emergency, we may carry out reasonably necessary work without prior written approval where obtaining approval would cause unacceptable delay or risk.
10.4. Unforeseen/additional work:
hidden damp or water damage;
rotten timber;
faulty or unsafe electrical wiring;
defective plumbing or pipes;
asbestos or suspected asbestos;
structural defects;
damaged or unsuitable substrate/base;
concealed pipes, cables or utilities;
other defects that could not reasonably have been identified before work commenced.
Additional work arising as a result of such circumstances may require the quotation to be revised or may incur additional charges.
11. Reinstatement and finishing works
11.1. If carrying out a repair or installation requires opening up or removing:
a wall
a ceiling
a floor
tiles
decorative finishes
then subsequent reinstatement and finishing works are included in the price only if they are expressly stated in the quotation.
11.2. The removal and disposal of construction waste is included in the price only where this is expressly stated in the quotation. Removal of the client's furniture, personal belongings, household waste or other waste not directly related to our work is not included in the price unless separately agreed.
12. Prices and Charges
12.1. Charges shall be as stated in the applicable quotation, service agreement or price schedule.
12.2. Unless otherwise stated, labour may be charged by reference to our applicable hourly or attendance rates.
12.3. The following may be charged separately where applicable:
Call-out charges;
Emergency or out-of-hours rates;
Parking and congestion charges;
Specialist access equipment;
Disposal and waste charges;
Materials and replacement parts;
Specialist subcontractors;
Permits and inspection fees; and
Additional labour arising from unforeseen circumstances.
12.4. VAT shall be charged where applicable at the prevailing rate.
13. Payment
13.1. Unless otherwise agreed, invoices are payable within 7 days of the invoice date.
13.2. We may require payment in advance or a deposit for certain Services, materials or larger projects.
13.3. If payment is overdue, we may suspend further Services until outstanding amounts are paid.
13.4 For Business Customers, we reserve the right to charge interest and compensation on overdue commercial debts in accordance with applicable legislation, including the Late Payment of Commercial Debts legislation where applicable.
13.5. For Consumer Customers, any interest or charges will only be applied where legally permitted and properly notified.
13.6. For larger projects, the company may require:
a deposit before work begins
advance payment for materials
interim / staged payments during the course of the project
a final payment upon completion of the work
If an agreed interim payment is overdue, Devon Home Maintenance Limited has the right to suspend the work until payment is received.
14. Cancellation and Rearranged Appointments
14.1. Customers should provide at least 24 hours' notice when cancelling or rearranging an appointment.
14.2. We reserve the right to charge a reasonable cancellation or wasted-visit charge where an appointment is cancelled at short notice or where our engineer is unable to gain access.
15. Workmanship Warranty
15.1. Standard warranty:
12-month warranty on the quality of workmanship
the warranty applies only to defects directly related to our workmanship
it does not cover normal wear and tear, old structures or pre-existing defects
it does not apply where the work has been interfered with or altered by the client or third parties after completion
it does not apply in cases of improper use, lack of maintenance or damage caused by the client
manufacturer warranties and the client's statutory rights apply to materials
before carrying out any warranty work, the company should have the opportunity to inspect the issue and determine its cause
15.2. This warranty applies only to workmanship carried out by us and does not cover:
Fair wear and tear;
Misuse or neglect;
Damage caused by third parties;
Customer interference or unauthorised repairs;
Defects in customer-supplied equipment or materials;
Pre-existing faults;
Failure of unrelated components; or
Circumstances outside our reasonable control.
15.3. Manufacturer warranties relating to parts or equipment shall be passed to the Customer where applicable.
15.4. Where a valid workmanship defect is identified within the applicable warranty period, our first remedy will normally be to inspect and, where appropriate, rectify the defective workmanship.
16. Existing Defects and Equipment
16.1. We are not responsible for defects or failures that existed before we commenced the Services.
16.2. Where we identify an unsafe, defective or non-compliant condition, we may notify the Customer and recommend remedial work.
16.3. Completion of maintenance or repair work does not necessarily mean that the entire system, installation or Premises complies with every applicable standard or regulation unless a specific compliance inspection has been commissioned.
17. Compliance and Certification
17.1. Where the Services include inspection, testing or certification, any certificate issued by us shall relate only to the scope of the inspection or test performed.
17.2. Unless expressly agreed, we do not provide certification for works or installations carried out by third parties.
17.3. The Customer remains responsible for obtaining any statutory approvals, planning permissions, landlord consents or other permissions unless expressly included within our scope.
18. Subcontractors
18.1. We may use suitably qualified subcontractors where reasonably necessary to provide the Services.
18.2. We shall remain responsible for managing subcontracted Services to the extent required under the Contract and applicable law.
19. Delays and Events Outside Our Control
19.1. We shall not be liable for delay or failure to perform where caused by circumstances outside our reasonable control.
19.2. Such circumstances may include severe weather, flooding, fire, industrial disputes, supply shortages, government action, utility failures, road closures, pandemics, unavailable parts, equipment failures or delays caused by third parties.
19.3. Where such circumstances occur, we shall use reasonable efforts to minimise the effect and resume performance as soon as reasonably practicable.
20. Liability
20.1. Nothing in these Terms shall exclude or limit liability for:
a. Death or personal injury caused by negligence;
b. Fraud or fraudulent misrepresentation;
c. Any liability which cannot legally be excluded or limited; or
d. Any other liability which applicable law does not permit us to exclude or limit.
20.2. Subject to clause 19.1, our liability shall be limited to the extent permitted by applicable law.
20.3. We shall not be liable for indirect or consequential loss suffered by a Business Customer, including loss of profit, revenue, business opportunity or anticipated savings, except where such exclusion is prohibited by law.
20.4. Nothing in these Terms affects statutory rights available to Consumers.
21. Property Damage
21.1. We shall take reasonable care to avoid damage to the Premises.
21.2. Where damage occurs as a result of our negligence or breach of contract, we shall be responsible to the extent required by applicable law.
21.3. We shall not be responsible for damage arising from pre-existing defects, fragile materials, concealed conditions or circumstances that could not reasonably have been identified before work commenced.
22. Data Protection and Privacy
22.1. We shall process personal information in accordance with applicable UK data protection legislation.
22.2. Personal information may be used for purposes including:
Providing and administering Services;
Communicating with the Customer;
Processing payments;
Maintaining service records;
Handling complaints and warranty claims; and
Complying with legal obligations.
22.3. Further information about our processing of personal data may be provided in our Privacy Notice.
23. Confidentiality
23.1. Each party shall keep confidential information received from the other party confidential except where disclosure is required by law or reasonably necessary to provide services.
23.2. This obligation shall not apply to information that is already lawfully in the public domain.
24. Complaints
24.1. Customers should raise complaints with us as soon as reasonably practicable.
24.2. We shall investigate genuine complaints and, where appropriate, provide a reasonable opportunity to inspect and remedy defective work.
24.3. Customers should not instruct another contractor to alter or repair disputed work before giving us a reasonable opportunity to inspect it, except where immediate action is reasonably necessary to protect health, safety or property.
25. Termination
25.1. We may suspend or terminate Services where:
a. Invoices remain unpaid after becoming due;
b. The Customer commits a material breach of the Contract;
c. Continued work would create a serious health or safety risk; or
d. The Customer becomes insolvent or ceases trading, where applicable.
25.2. Termination shall not affect rights or obligations that arose before termination.
26. Retention of Title
26.1. Where legally permitted, ownership of materials or goods supplied by us shall remain with us until payment for those materials has been received in full.
26.2. Risk in goods shall pass in accordance with applicable law and the nature of the transaction.
27. Governing Law and Jurisdiction
27.1. These Terms and any agreement between us shall be governed by the law of England.
27.2. The court of England shall have jurisdiction, subject to any mandatory statutory rights applicable to Consumers.
28. Consumer Rights
28.1. Where the Customer is a Consumer, nothing in these Terms removes or reduces statutory rights.
28.2. Services will be performed with reasonable care and skill and within any agreed timeframe, subject to applicable law.
28.3. Where the law provides a Consumer with a remedy for defective or improperly performed Services, these rights remain unaffected by these Terms.
29. Entire Agreement
29.1. The applicable quotation, and these Terms constitute the agreement between the parties regarding the Services.
29.2. Estimated start and completion dates are indicative only, unless a specific date has been separately guaranteed by the company in writing. The project completion time may change due to:
weather conditions
drying or curing times for materials
material availability
supplier delays
subcontractor availability
discovery of hidden defects
additional work or changes requested by the client
other circumstances beyond the company's reasonable control
30. Severability
30.1. If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision shall be modified or removed to the minimum extent necessary, and the remaining provisions shall continue in effect.
31. Changes to These Terms
31.1. We may update these Terms from time to time.
31.2. Any changes affecting existing ongoing Terms shall be communicated to the Customer.
32. Acceptance
By accepting a quotation, instructing us to commence work, making payment for the Services, or otherwise confirming an order, the Customer acknowledges that they have had an opportunity to read and understand these Terms and agrees to be bound by them, subject to any statutory rights that apply.