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Terms and Conditions
A. GENERAL
1. For the purpose of these terms & conditions (“The Agreement”) the following words shall have the following meanings:
(a) “The Company” shall mean Matrix Maintenance Limited.
(b) “The Customer” shall mean the person or organisation for whom the Company agrees to carry out works &/or supply materials.
The Operative or Engineer shall mean the representative appointed by the Company.
B. ESTIMATES, ACCEPTANCE & ACKNOWLEDGEMENT
2. Estimates are based upon current prices and are subject to adjustment in the event of subsequent variation in basic costs, foreign exchange rates or import duties.
All estimates are open for acceptance for eight (8) weeks and are subject to confirmation upon receipt of order.
Where a written estimate has been supplied to the Customer, the total charge to the Customer may be revised in the following circumstances:-
(i) if after submission of the estimate the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the estimate;
(ii) if after submission of the estimate there is an increase in the price of materials;
(iii) if after submission of the estimate it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared;
(iv) if after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.
The Customer shall accept an estimate by sending a written order.
3. The Company shall not be under any obligation to provide an estimate to the Customer & shall only be bound by estimates given in writing to the Customer & signed by a duly authorised representative of the Company. The Company shall not be bound by any estimates given orally or in which manifest errors occur.
C. FEES & TERMS OF PAYMENT
4. Our Schedule of Rates contains the rates and charges for our most frequently used services. We may vary these rates and charges at any time at our discretion. We will give you at least 30 days’ notice of changes to our charges, either in writing or electronically.
5. HOURLY RATE WORK. The total charge to the Customer shall consist of the cost of materials supplied by the Company (+20%) & the amount of time spent by the operative in carrying out works (including all reasonable time spent in obtaining un-stocked materials) charged in accordance with the Company’s current hourly rates. All charges are subject to VAT at the prevailing rate except in cases where the work carried out is zero rated.
6. FIXED PRICE WORK shall be given as a firm cost (manifest errors exempted) including Labour & Materials. All costs are subject to VAT at the prevailing rate.
7. Collection of non-stock items is chargeable but time allowed / charged must be kept to a minimum and be reasonable.
8. Invoices are due for payment within 15 days of delivery to the Customer. The Company reserves the right to charge interest on any part of that invoice which remains unpaid thereafter, at the rate of 2% over the Bank of England base rate until payment in full is received by the Company. Interest, if applied, will accrue / calculate daily and be charged monthly.
9. Unless stated otherwise, all fees, charges and other payments to be made by the Customer to the Company are exclusive of VAT and any other relevant taxes. In addition to the Company’s fees, the Customer will also pay any such taxes.
D. PERFORMANCE AND SCOPE OF WORKS
10. The Company reserves the right to refuse or decline work at its own discretion.
11. Where the Company agrees to carry out works for the Customer those works shall be undertaken by the designated operative of the Company at its absolute discretion.
12. Where the date &/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure that the operative shall attend on the date & at the time agreed. However, the Company accepts no liability in respect of the non attendance or late attendance on site of the operative/engineer or for the late or non delivery of materials.
13. The Company aims at all times rigorously to conform to and apply all relevant Health and Safety regulations and legislation; the company health and safety policy is available on request.
E. PERMISSIONS AND CONSENTS
13. Where applicable, the Customer is responsible for obtaining all planning and other consents necessary for the execution of works.
F. TITLE TO GOODS
14. Title to any goods supplied by the Company to the Customer shall not pass to the Customer but shall be retained by the Company until payment in full for such goods has been made by the Customer to the Company.
Until such time as title in such goods has passed to the Customer:-
(i) the Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all any or part of such goods in which title remains vested in the Company;
(ii) for the purpose specified in (i) above, the Company or any of its agents or authorised representatives shall be entitled at any time & without notice to enter any premises in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be;
(iii) the Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferring or otherwise disposing of such goods.
Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the Customer & until such time as title in such goods has passed to the Customer, the Customer shall insure such goods to their replacement value & the Customer shall forthwith, upon request, provide the Company with a certificate or other evidence of such Insurance.
G. GUARANTEE
15. The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturers warranty in force.
The Guarantee will become null & void if the work/appliance completed/supplied by the Company is:-
(a) subject to misuse or negligence;
(b) repaired, modified or tampered with by anyone other than a Company operative.
The Company will accept no liability for, or guarantee suitability of, materials supplied by the Customer & will accept no liability for any consequential damage or fault.
16. The company will not guarantee any work in respect of blockages in waste & drainage systems etc.
17. The company will not guarantee any work undertaken on instruction from the Customer & against the written or verbal advice of the operative/engineer.
18. Work is guaranteed only in respect of work directly undertaken by the Company & in as much as payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the company will not be guaranteed.
19. The company shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out. Work will not
carry a guarantee where the Customer has been notified by the operative either verbally or indicated in comments / recommendations / documentation / evidence of any other related work which requires attention.
20. The Customer shall be solely liable for any hazardous situation in respect of CORGI Regulations, NICEIC Regulations or Gas Warning Notice issued.
21. Where the Company agrees to carry out works on installations of inferior quality or over ten years old at that date no warranty is given in respect of such works & the Company accepts no liability in respect of the effectiveness of such works or otherwise.
F. LIABILITY
22. The Customer shall accept sole liability to discharge the Company’s account unless he/she discloses to the Company when initially instructing the Company to carry out work &/or supply materials that he/she is acting on behalf of a third party (including, but not limited to, a Limited Company or Partnership) and (receiving a written estimate) the name of the third party appears on the written estimate.
23. If the Customer cancels their instructions prior to any work being carried out or materials supplied then the Customer shall be liable for any related and relevant expenditure made up to the point of cancellation (e.g. pre-works survey fees, sundry / administrative costs, etc.)
24. If, after the Company shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 12 months to the Company & shall afford the Company, and its insurers, the opportunity of both inspecting such works & carrying out any necessary remedial works if appropriate. The Customer accepts that if he fails to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.
21. The Company shall only be liable for rectifying works completed by the Company & shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested & not undertaken at that time.
H. INFORMATION ABOUT YOU
22. We will treat all personal information as private and confidential. Nothing about the relationship with the Company or your name and address will be disclosed to anyone, other than in accordance with the terms set out below:-
- Where we (or any third party acting on our behalf) are legally compelled to do so, or
- Where there is a duty to the public to disclose, or
- Where our interests require disclosure, or
- Where disclosure is made at your request and with your consent, or
- When making searches about you at credit reference agencies
I. VARIATIONS TO TERMS, RATES, CHARGES, ETC.
23. We may at our discretion vary any of these terms and conditions and/or any terms supplemental to them and/or withdraw, suspend or change any of the services provided under them at any time. All changes will be notified in writing or electronically within 30 days.
J. EVENTS BEYOND OUR CONTROL
24. The Company shall not be responsible for any delay or for the consequences of any delay or for failure to carry out its responsibilities for reasons beyond its reasonable control, including but not limited to acts of God, exceptionally severe weather, industrial disputes, failure or shortage of power supplies, acts of terrorism or riot, war, default or failure of a third party (including any supplier or sub-contractor), government actions or severe traffic conditions.
K. THIRD PARTY RIGHTS
25. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. This does not affect any right or remedy of a third party which exists or is available apart from under that Act.
L. ASSIGNMENT
26. The Customer may not assign any of its rights or obligations under this Agreement without the Company’s prior written consent.
27. The Company may, at any time, obtain an alternative provider to provide the agreed services to the Customer. The Customer agrees to the assignment of its rights and obligations under this Agreement to that alternative provider, provided that the level of service that the Customer experiences is not significantly reduced as a result, and authorises the Company to execute on his/her behalf any documents necessary to give effect to any such assignment.
M. WAIVER
28. These terms & conditions shall prevail over any terms & conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company: by entering into a contact with the Company the Customer agrees irrevocably to waive the application of any such terms & conditions.
29. If at any time the Company does not require you to comply with any part of these terms & conditions, this will not prevent it from doing so in the future.
J. HOW TO COMPLAIN ABOUT OUR SERVICES
30. Your views are important to us. If we do not deliver the standard of service you expect, or if we make a mistake, please let us know. We will investigate the situation and set about putting things right as quickly as possible. Where appropriate, we will also take steps to avoid making similar mistakes in the future.
You can telephone us on 020-7610-6660, e-mail us on info@matrix-services.co.uk, or write to us at:
Customer Relations
Matrix Maintenance Ltd.
Capital House, 2 Michael Road, London, SW6 2AD
Where possible, we will try to give you an answer there and then. If not, we will take full details from you and arrange for the problem to be investigated. We shall respond as soon as our research is complete.
K. LAW
31. These terms & conditions and all contacts awarded between the Company & Customer shall be governed & construed in accordance with English law & shall be subject to the exclusive jurisdiction of the English law.
© Copyright. Matrix Maintenance Limited, 2006. ALL RIGHTS RESERVED.
No part of this publication may be reproduced, stored in a retrieval system, or transmitted, on any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Matrix Maintenance Limited.
HEALTH, SAFETY & WELFARE POLICY STATEMENT
It is this Company’s intention that its work will be carried out in accordance with Health & Safety at Work Act 1974 and the Construction (Health, Safety & Welfare) Regulations 1996 including all statutory provisions and all reasonably practical measures taken to avoid risk to its employees or others who may be affected.
Management and supervisory staff have the responsibility for implementing this Policy throughout the Company and must ensure that health and safety considerations are always given priority in planning and day to day supervision of work.
All employees and sub-contractors have a duty to co-operate fully in carrying out this Policy and must ensure that their own work, so far as is reasonably practicable, is carried out without risk to themselves or others.
The Director having particular responsibility for health, safety and welfare is Mr. Larry Lugg. This is the person to whom reference should be made in the event of any difficulty arising in the implementation of the Policy.
The management and staff of this Company will monitor the operation of this Policy.
There will be joint consultation at all levels as required by the Act on Health & Safety matters with representation from employees, sub-contractors and suppliers as appropriate to the circumstances.
Matrix Maintenance Ltd has a commitment to safety and maintaining an excellent safety record. The Statement of Company Policy will be displayed on all sites. The organisation and arrangements for implementing the Policy will be available at each site for reference by any employee as required.
Please Contact Us for a copy of our full Health & Policy Statement.
ENVIRONMENTAL POLICY STATEMENT
The management and staff of Matrix Maintenance Ltd. believe that superior business performance is derived from a commitment not only to economic and financial goals but also from the implementation of clear, ethical environmental and socially responsible policies.
The company therefore strives to:
• develop and implement sound, responsible environmental policies and continually improve its overall environmental performance
• ensure that all products and materials used on site by operatives are used in a correct and safe manner and disposed of, where applicable, according to the appropriate regulations and / or legislation
• minimise all forms of pollution, including rubbish, air quality and noise pollution and use legitimate and proper waste disposal channels
• seek where possible to reduce energy consumption – most obviously, use of fossil fuels (petrol) - through more efficient management of the vehicle fleet
• encourage energy-saving efficiency initiatives across all areas of the business
• respect the quality of the urban environment, where the majority of Matrix’s business is conducted
• offer an outstanding service to our customers and their tenants
• behave in a professional and courteous manner with tenants at all times
• ensure that suppliers and sub-contractors, where used, are also committed to upholding both the principle and practice of sound environmental and social policy
• educate all staff in best practice, even as best practice changes over time
• ensure compliance with environmental legislation and regulation
• review regularly its performance with regard to environmental and social issues
QUALITY ASSURANCE POLICY STATEMENT
Matrix’s service philosophy is to provide its clients with total care – a fully ‘hands-on’ response service - and the highest quality of workmanship. These are the company’s pivotal principles.
The company was born out of a belief that the quality of service provided by many property service and maintenance companies falls far short of the standards which customers are entitled to expect. Customer dissatisfaction is frequent in the face of widespread low standards of service, including unreliability, dishonesty and sub-standard workmanship.
Matrix, by contrast, believes that the consumer should be provided with a reliable, well-organised, professional and cost effective service. It is for this that the company strives in all its undertakings. From the processing of works orders through to their execution, invoicing and payment, Matrix treats all its customers with respect.
We also aim to keep communication channels open at all times. Although, for example, our business hours are 8am to 6pm, customers who call out of hours will find support via a mobile phone, meaning that they can always deal with a real person and not some frustrating automated message system.
In respect of standards, a programme of random inspections is in effect during and after completion of works, designed to ensure that the quality of our operatives’ workmanship is maintained to the highest levels.
Likewise any of our clients’ concerns are dealt with promptly. Should a customer complain, they are treated with absolute priority; Matrix is committed to “making good” on all its obligations.
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