Terms and Conditions of Business
- These terms and conditions (“Terms”) will apply to all services that we provide to any client whether they be commercial clients or private individuals.
- The word “we” means E.McGarragle Buildings Services Limited, a company incorporated in Jersey with registered company number 16937. McGarragle Buildings Services Limited has its registered office at Unit 7C, Block 3, St Helier, Jersey, JE2 3DA. The words “us” and “our” shall have a corresponding meaning.
- The word “Client” means the party who or which instructs us, or on whose behalf, we are instructed to provide services.
- Reference to the singular includes the plural and vice versa and reference to the masculine includes the feminine and vice versa.
- These Terms set out the terms on which we will undertake services for the Client and the basis of our fees. Together with any formal written estimate in relation to any particular matter, they form the entire contract under which we provide services. In the event of any inconsistency between the terms and conditions set out in a formal written estimate and these Terms, these Terms shall prevail.
- Where we are instructed to provide services we are entitled to assume that the Client has given proper consideration to these Terms and through their instructions to us they have agreed to be bound by them.
- We may amend and vary these Terms from time to time, including during the provision of our services to a Client, without the prior consent of that Client. The Client shall be bound by any amendment or variation to these Terms as and when a copy of the revised document becomes available for inspection at our address stated above, or on our website, or when sent to the Client. These Terms shall not be capable of variation or amendment orally or by course of conduct.
Receipt and acceptance of instructions
- Instructions given by or on behalf of a Client in any form may be accepted by us. We will be entitled to assume, unless and until advised to the contrary, that whoever gives us instructions has full power, capacity and authority on behalf of the Client to do so.
- We shall not be responsible for any loss or damage or costs or expenses that the Client may suffer or incur as a result of the inaccuracy or incomplete nature of instructions that the Client gives us or that are purportedly given by or on behalf of the Client.
- Our services will be provided in good faith. All lawful and reasonable instructions will be carried out diligently, promptly and with reasonable skill and care.
- Provided that we have complied with Clause 12 above, it is agreed by the Client that we shall not bear any liability for:
A) Any failure to discover any particular condition which necessitates or could necessitate repair and/or replacement;
B) Any inspection of any equipment and/or part and that any such inspection shall not constitute an approval or guarantee as to the condition of that equipment and/or part;
C) Any damage or any other costs incurred as a result of any failure, defects or voltage variations which may occur;
D) Any failure in a water supply system and/or drains system; and,
E) Any Act of God or any other cause beyond the control of us.
- In the event of a seriously disruptive event occurring, we shall endeavour to restore provision of our services as soon as possible. In such event there is likely to be some effect upon our service levels. We cannot accept responsibility for any delay caused by such disruption or for any other consequences beyond our reasonable control.
- We reserve the right to cease providing our services or to not accept instructions where information requested is not provided or where payment is not made in accordance with the Terms.
- Where the Client consists of more than one person, each person agrees that it shall be jointly and severally liable for all the liabilities of the Client pursuant to these Terms. We shall therefore be entitled to recover the full amount of any outstanding invoice from any one or more such person.
Data protection and confidentiality
- We will comply with any relevant data protection legislation in Jersey.
- We shall not disclose to any third parties any personal data or privileged or confidential information relating to the Client or to any instructions handled by us on the Client’s behalf (“Information”), unless and except if (i) such disclosure is permitted under these Terms (ii) we otherwise have the Client’s consent to do so (iii) we consider it appropriate in the proper conduct of the instructions (iv) such Information is already in the public domain or (v) we are required or permitted to do so by law, or by the rules of a professional body, or by a governmental, judicial or regulatory authority.
- We may collect, use and process Information for or in connection with, amongst other things (i) the provision of our services to the Client and any purpose ancillary to the provision of our services (ii) otherwise in connection with our business (including, without limitation in connection with marketing, credit control and debt management, analysis of our business and generation of internal reports and accounts and assessment of risks to our business).
- We may disclose Information to (i) internally within E.McGarragle Buildings Services Limited; (ii) credit reference or fraud prevention agencies, which may retain a record of the Information disclosed to it (iii) other professional advisers instructed by or on behalf of the Client (vi) service providers that provide services to us (v) individuals within the Client’s organisation and members of the Client’s group, if any and (vi) to third parties for marketing purposes and/or business development purposes where specifically permitted under these Terms or where the Client has authorised such disclosure.
- The Client specifically consents to any collecting, processing and disclosing of Information for the purposes referred to above that may involve (i) the collecting and processing of personal data and/or sensitive personal data belonging to the Client, persons engaged or employed by the Client and other individuals and (ii) the transfer of Information, in accordance with applicable laws, both to, from and within the EEA (which for these purposes is deemed to include Jersey), including transferring Information to jurisdictions where data protection laws may be weaker than those within the EEA.
- The Client shall obtain such consents as may be necessary from its directors, officers, employees and any other individuals for the collecting, processing and disclosure of Information relating to such persons as referred to above.
- We take reasonable steps to protect Information that we hold from unauthorised access, modification or disclosure.
- We may wish to refer to the Client in our marketing material, including our website. Unless the Client advises us otherwise in writing, we can assume that the Client has no objection to us so doing.
Performance of Services
- Our ability to perform the services we have been asked to carry out depends upon the Client providing us with such information and assistance as we may reasonably require from time to time. The Client is responsible for providing in good time any instructions that we may need in order to progress the matter.
- The Client should therefore ensure that we are kept updated of any change in contact details or other material circumstances which may affect our ability to perform the services to the Client.
- In the event that our instructions materially change during the course of our providing any services to the Client, whether that be due to a circumstance arising that was not envisaged at the commencement of any works or due to the Client altering the basis of our initial instructions, we reserve the right to, inter alia, update any estimated timescales for completion, update any likely costs for providing the services or in respect of materials, and/or our decision to provide the services i.e. we reserve the right to terminate the provision of any services to the Client.
- Where we are instructed to install specific types and/or makes of equipment, we accept no responsibility for its fitness for purpose, suitability, build quality and bear no liability for any loss arising from such equipment.
- Unless notified otherwise, we shall assume that the Client consents to communications by telephone, post and email between us and the Client. We shall not, however, be liable for (i) any delay, misdirection, interception, corruption, loss or failure, or for any unauthorised redirection, copying or reading, of any communication sent by mail or email or (ii) the effect on any computer system of any email or email attachment or virus that may be transmitted by us.
- Where we are instructed to service and maintain any specific item(s) of equipment where any modification(s), alteration(s) and/or additions have been made to the equipment not by us, no responsibility is assumed by us for the servicing or maintenance of such equipment.
- Any agreement to provide ongoing maintenance or service for any specific item(s) of equipment does not include costs of labour and/or material(s) for any replacement parts and/or refrigerant and/or other rechargeable material. In the event that any such additional costs are deemed necessary by us, we shall inform the Client and seek their approval before incurring such additional costs.
- Any agreement to provide ongoing maintenance or service for a specified period shall automatically renew at the end of that period on the same terms and subject also to these Terms.
- Any agreement to provide ongoing maintenance or servicing may be subject to routine delays and the Client hereby accepts that we may prioritise call out and/or emergency work above routine maintenance or servicing.
- The fees that apply to our work are typically by reference to hourly rates as advised by us to the Client from time to time.
- We shall, on request, provide an estimate of our likely fees and the cost of any materials in any given matter. Estimates are always provided on the strict understanding that they are subject to revision and do not constitute a commitment by us to carry out the work at the estimated fee. We will use reasonable endeavours to keep Clients advised as to our likely fees in any matter.
- We may render invoices for work done and materials as and when we regard it appropriate. Invoices are usually rendered monthly. Payment of fees and disbursements is due within 30 days of the presentation of our invoice unless we have specifically agreed otherwise in writing. Any funds received from the Client will be applied in settlement of our outstanding invoices in date order. Where an invoice is not paid by the Client we reserve our right to cease providing services.
- We reserve the right to increase our hourly rates in respect of work of unusual complexity, urgency or importance, or that which must be carried outside of normal working hours.
- Good and Services Tax (“GST”) may be payable in some circumstances and this will be shown on any invoice raised by us if applicable.
- We reserve the right to review our hourly rates at our discretion. In the event that we change our hourly rates we shall endeavour to inform our existing clients as soon as possible thereafter.
- Title to any equipment, materials and/or goods supplied by us shall remain vested in us and shall not pass to the Client until such time as the purchase price for such equipment, materials and/or goods has been paid in full and received by us.
- We reserve the right to ask to be paid in advance of working for any given Client at our complete discretion. In the event that monies are paid in advance of works being completed these Terms shall still apply in full, including our right to terminate the provision of our services.
- In the event that there is a termination of our services and monies have been paid to us in advance of work being performed, we shall be obliged to render an invoice for any work performed by us that remains unpaid. We shall be entitled to retain any balance of the monies paid upfront to satisfy any amount owed to us. Any remaining balance shall be returned to the Client as soon as reasonably practicable. If the amount outstanding is in excess of any amount paid upfront we shall be entitled to retain all of the monies paid upfront and the Client shall still be liable for any additional amount outstanding.
Interest on Late Payment
- We reserve the right to charge interest on unpaid invoices, such interest to be compounded quarterly from the date of the invoice to the date of payment at a rate of six percent per annum above The Royal Bank of Scotland International Limited base rate from time to time.
Limitation of liability
- Our aggregate liability in contract or tort (including negligence) or under statute or otherwise, for any loss (including direct loss and indirect or consequential loss and including loss of business or profits, damage to goodwill or reputation), liability or damage suffered by the Client or any other person that may arise from or in connection with our services, shall be limited to three times the amount of fees received by us from the Client in connection with the provision of the relevant services, save for where personal injury or death occurs as a direct result of our actions.
- Any claim made by the Client or any other person in respect of any loss (including direct loss and indirect or consequential loss), liability or damage arising from or in connection with our services, whether in contract or tort (including negligence) or under statute or otherwise, must be made within three years of the date on which the work giving rise to the claim was performed.
- Nothing in these Terms shall limit or exclude any liability that cannot be lawfully limited or excluded, including, inter alia, liability for fraud or fraudulent misrepresentation.
- We expect to act on any instructions until they are completed. Save as set out at Clause 48 below, the Client may, terminate our contract with the Client at any time by written notice to us. We may also terminate our contract with the Client at any time by written notice to the Client.
- Notwithstanding Clause 47 above, any agreement to provide ongoing maintenance or servicing can only be terminated by either us or the Client by giving 30 days written notice to the other party.
- Where we cease to act for the Client (including on termination of our contract with the Client, regardless of who terminates it) (i) our duty of care to the Client under our contract with the Client or any other provision of law will cease (ii) we shall be entitled to recover all fees and other costs chargeable up to and subsequent to the date of such cessation and (iii) we shall, to the fullest extent possible, bear no liability or responsibility for the consequences of such cessation.
- In the event of a bona fide (i) dispute concerning our fees and/or any other charges or (ii) complaint about our services, we shall try to resolve the dispute or complaint with the Client to the satisfaction of both the Client and us. In the event of any dispute or complaint the Client should set out in full and in writing the grounds or nature of the dispute or complaint to a Director of E.McGarragle Buildings Services Limited. We shall make every effort to deal with any such dispute or complaint promptly. If such dispute or complaint cannot be resolved within a reasonable period with that Director, the Client should contact the Managing Director, John Mcgarragle
- Any provision or sub provision of these Terms that is prohibited or becomes unenforceable which impacts the performance or enforceability of these Terms shall be ineffective to the extent of the prohibition or lack of enforceability but without invalidating the remaining provisions of these Terms.
Future developments and factual matters
- Unless otherwise agreed by us, we shall be under no obligation to the Client to advise and/or undertake any investigations and/or to furbish any items of equipment following any developments or factual matters that might arise which may affect the Client either before, during or after any given job has been conducted by us. For the avoidance of doubt this clause would still apply following any recommendations or requirements given by, inter alia, insurance companies, governments, states, international organisations (including the European Union) or other authorities.
Governing law and jurisdiction
These Terms are governed by the laws of Jersey and the Client submits to the exclusive jurisdiction of the Courts of Jersey to settle any dispute that arises out of or in connection with these Terms.