TERMS & CONDITIONS
Please read through these terms and conditions carefully as they shall apply to any contract between you (the customer) and MrPATtastic. If you have any queries relating to these terms and conditions, please contact us immediately. You are recommended to seek independent legal advice if you are in any doubt as to the implications of accepting these conditions.
In these conditions, the confirmation of order and the contract, the following words shall have the following meanings:
“MrPATtastic” Anthony Grindrod t/a MrPATtastic whose office is at Suit 101A Mansell Road Wellington Telford TF1 1QQ; “Conditions” these terms and conditions including (where the context permits) the confirmation of order and the contract and any specific terms agreed in writing between MrPATtastic and the customer in accordance with clause 2.2; “Confirmation of Order” the written notification emailed by MrPATtastic to the customer accepting the offer to provide the services comprised in the order, to which these conditions are appended and apply; “Contract” the contract entered into between MrPATtastic and the customer by delivery of the confirmation of order for the supply by MrPATtastic of the services upon and subject to these conditions; “Customer” the person(s), firm or company placing the order and whose details are set out in the confirmation of order; “Fee” the agreed fee for services as set out in the confirmation of order payable by the customer to MrPATtastic in accordance with clause 5; “Order” the order placed by, or on behalf of, the customer (whether verbally over the telephone, or in writing) which, for the avoidance of doubt shall be deemed to comprise an offer to enter into the contract; “Parties” the customer and MrPATtastic including their permitted and their successors and assigns and “party” shall be construed accordingly; “Service Date” the date on which the services are to be provided as set out in the confirmation of order, subject to variation in accordance with the provisions of clause 4 or clause 9; “Services” the services to be provided by MrPATtastic to the customer under the contract, as detailed in the confirmation of order, and including any goods or materials which MrPATtastic provides as part of, or ancillary to, the services;
2.1 Save as herein provided, these Conditions set out the only terms upon which MrPATtastic is prepared to contract with the customer for the supply of the services and shall apply to the contract to the exclusion of all other terms and conditions which the customer may purport to apply or seek to rely upon save those (if any) which are expressly set out in the confirmation of order or which are otherwise agreed between the parties in accordance with clause 2.2.
2.2 No variation or addition to these conditions, the confirmation of order or the contract shall be affected unless set out in writing and signed by MrPATtastic and the customer
3. Formation of contract
3.1 By placing the order the customer shall be deemed to make offer to purchase the services subject to these conditions.
3.2 When MrPATtastic delivers by email a confirmation of order to the customer, the customer shall be deemed to have accepted the offer comprised within the order and MrPATtastic and the customer shall be deemed to have entered into the contract.
4. Supply of services
4.1 In consideration of the fee, MrPATtastic shall supply the services detailed in the confirmation of order to the customer on the service date in accordance with the terms of the contract.
4.2 The customer may request an alternative service date at any time up to 72 hours prior to the service date by contacting MrPATtastic via the telephone number provided on the confirmation of order. The customer shall be permitted to make only one request to change the service date, unless the parties shall otherwise agree;
4.3 MrPATtastic may change the service date at any time up to 48 hours prior to the service date, by verbal or written notice to the customer.
4.4 The customer shall not be entitled to any compensation because of any failure of all part of the services, save as expressly provided in these conditions.
5.1 The fees shall be the sum specified in the confirmation of order and shall be payable by the customer.
5.2 MrPATtastic shall deliver an invoice in respect of the fee immediately following the supply by MrPATtastic of the services.
5.3 The Fee shall be payable by the customer immediately following receipt of the invoice, unless otherwise agreed by MrPATtastic in writing
5.4 MrPATtastic shall be entitled to charge interest on the fee (or any cancellation charge payable in accordance with clause 9.1) or any outstanding balance thereof at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1988 as amended from time to time.
5.5 In addition to the fee or any cancellation charge payable in accordance with clause 9.2 and interest there on the customer shall be responsible for all cost incurred by MrPATtastic as a result of such non-payment including without limitation any legal fees incurred by MrPATtastic.
6. Further obligations of the customer
The customer shall:
6.1 Not assigned, or sub-license or otherwise transfer or dispose of its or their rights or obligations hereunder, without the prior written consent of MrPATtastic.
6.2 Indemnify hold MrPATtastic and its servants and agents harmless from and against all claims, liability, losses, damages and expenses, including without limitation, legal fees and costs arising out of or incurred as the results of any claims made, or litigation brought, against MrPATtastic and/or its servants and agents, in consequence of any use made by the customer of any electrical or other items or appliances to which the services relate.
7. Warranties and Indemnities
7.1 MrPATtastic warrants that it shall use all responsible care and skill in carrying out and performing the services. Subject to clause at 7.2, all other conditions, warranties and obligations implied by statute, common law or otherwise and any liabilities arising their form are executed to the fullest extent permissible by law.
7.2 MrPATtastic shall be liable for any personal injury or death caused as a result of its negligence in the performance of its obligations under the contract.
8. Limitations on liability
8.1 Subject to clause 7.2, MrPATtastic shall not be liable (to the fullest extent permissible by law) for any loss or damage suffered by the customer whatsoever arising out of, or in connection with, the supply of the services including (without limitation):
a. Any damage to any goods which result from the use by the customer or the third party of any electrical or other equipment to which the services relate; b. Any damage and/or loss arising as a result of the Customer using any electrical appliance which, during the course of providing the services, MrPATtastic has assessed as having failed the relevant safety test; c. Any damage and/or loss arising as a result of the failure by MrPATtastic to reconnect all to plug in any electrical appliance during or after provision of the services; c. Any indirect or consequential loss (including economic loss) howsoever arising.
8.2 MrPATtastic shall be responsible for the supply of services only and shall have no liability in respect of any technical, mechanical or other failure of any electrical appliance on or after the service date.
8.3 Save in respect of any liability under clause 7.2 MrPATtastic maximum liability to the customer for any breach of the contract shall not in any event exceed the amount of fee.
9. Cancellation and Termination
9.1 MrPATtastic will contact the customer between 48 and 24 hours prior to the service state to reconfirm the appointment and if, for any reason, the customer fails to confirm the appointment or otherwise fails to ensure that on the service date MrPATtastic operatives are granted full and unimpeded access to the customer’s premises and to the equipment in respect of which the services are to be performed then a cancellation fee of £20 shall become immediately due and payable by the customer to MrPATtastic.
9.2 MrPATtastic shall be entitled to terminate the contract at any time prior to the provision of the service forthwith on written notice to the customer. The customer shall not be entitled to terminate the contract and less MrPATtastic is in material breach of any of its obligations under the contract and fails to redeem such breach within 14 days of receipt of written notice of the breach from the customer.
9.3 Termination of the contract in accordance with this clause 9 shall not affect any rights of MrPATtastic or liabilities of the customer subsisting at the date of termination.
10. Force Majeure
MrPATtastic shall not have any liability all be deemed to be in breach of the contract for any delay or failure in performance of its obligations under the contract which results from circumstances beyond the reasonable control of MrPATtastic.
11. Change of conditions
MrPATtastic may at any time make changes to these conditions provided that MrPATtastic shall notify the customer in writing of any such changes at least 14 days before they are implemented by MrPATtastic.
12.1 Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
12.2 No waiver by MrPATtastic at any breach of the contract by the customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
12.3 If any provision of these conditions is held by any competent authority to be invalid or enforceable in whole or in any part of the validity of the other provisions of these conditions and the reminder of these provisions in question shall not be effective.
12.4 The contract and these conditions shall be governed by the laws of England and the customer agrees to submit to the exclusive jurisdiction of the English Courts.