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Work Terms & Conditions

 

1. TERMS AND CONDITIONS OF WORK

Ensuring Clear, Fair, and Legally Protected Agreements between iHandle.co.uk and Clients


2. CONTENTS

  1. Definitions
  2. Scope of Work
  3. Client Obligations
  4. Payment Terms
  5. Snagging
  6. Variation Orders
  7. Break Clauses
  8. Warranties
  9. Health and Safety
  10. Insurance
  11. Liability
  12. Force Majeure
  13. Confidentiality
  14. Intellectual Property
  15. Dispute Resolution
  16. Governing Law
  17. Entire Agreement
  18. Severability
  19. Notices
  20. Assignment
  21. Amendments
  22. Consent for Imaging
  23. Execution


SECTION 1: DEFINITIONS


1.1 Key Terms
Unless the context requires otherwise:

  • "Agreement": This legally binding contract, including all schedules, amendments, and incorporated documents.
  • "iHandle.co.uk": Refers to the company MGM Cassa Limited incorporated in England and Wales with company number 15096199 - providing services under this Agreement.
  • "Client": The individual or entity entering into this Agreement.
  • "Work": Services, labour, and materials as defined in the Scope of Work.
  • "Completion Date": The agreed date for the Work’s completion, subject to valid extensions.
  • "Practical Completion": When the Work can be used for its intended purpose, notwithstanding minor snagging.
  • "Snagging": Minor defects or unfinished tasks identified post - Practical Completion.
  • "Variation Order": Any agreed amendment to the original Scope of Work.
  • "Force Majeure": Events beyond reasonable control, such as natural disasters, war, or pandemics.
  • "Confidential Information": Any proprietary or sensitive information disclosed under this Agreement.

1.2 Interpretation:

  • Words indicating the singular include the plural and vice versa. Headings are for reference only and do not affect interpretation.


SECTION 2: SCOPE OF WORK


2.1 Services Provided by iHandle.co.uk
iHandle.co.uk agrees to:

  • Design and Planning: Including detailed plans and project management documents, compliant with applicable regulations.
  • Construction and Installation: Covering all physical and structural work, including plumbing, electrical installations, and finishes.
  • Material Procurement: Ensuring quality and timely availability of materials for the Work.
  • Project Management: Coordinating all phases of the project to meet agreed timelines and standards.
  • Final Handover: Including client training, certificates, and all relevant documentation.

2.2 Exclusions:

  • Work or materials not explicitly detailed in the Agreement.
  • Delays or additional costs arising from unforeseen conditions such as hazardous materials.

2.3 Amendments to Work Scope:

  • Changes require a signed Variation Order specifying cost and timeline adjustments.


SECTION 3: CLIENT OBLIGATIONS


3.1 Access and Preparation:

  • Provide unrestricted site access during agreed working hours.
  • Prepare the site, ensuring hazardous materials or obstacles are cleared.

3.2 Utilities and Facilities:

  • Ensure availability of utilities such as electricity and water.
  • Provide basic on-site facilities for workers if necessary.

3.3 Approvals:

  • Review and approve all plans, designs, and variations promptly.
  • Delays in approvals may lead to adjusted timelines or costs.


SECTION 4: PAYMENT TERMS


4.1 Structure:

  • Deposit: 60%-80% of the contract price upon signing.
  • Final Payment: Balance due within 30 days post-Practical Completion.
  • Payments are subject to VAT at prevailing rates.

4.2 Late Payments:

  • Overdue payments incur 8% annual interest above the Bank of England’s base rate.
  • Persistent late payments constitute a breach, allowing termination.

4.3 Payment Methods:

  • Bank transfers, credit/debit cards, or other approved channels.


SECTION 5: SNAGGING


5.1 Process:

  • Joint inspection upon Practical Completion to identify issues.
  • Rectification of snagging items within 30 days unless agreed otherwise.

5.2 Warranty Start:

  • A one-year warranty commences post-snagging resolution.


SECTION 6: VARIATION ORDERS

6.1 Process:

  • Variation Orders require written agreement from both parties.

6.2 Costs:

  • Adjustments include a contingency of up to 10% for unforeseen factors.


SECTION 7: BREAK CLAUSES

7.1 Termination Circumstances:

  • Material breaches, insolvency, or prolonged Force Majeure events exceeding 60 days.

7.2 Costs on Termination:

  • The Client is liable for all costs incurred up to the termination date.


SECTION 8: WARRANTIES 

8.1 Coverage:

  • A 12-month warranty covers defects in workmanship and materials.

8.2 Exclusions:

  • Damage due to wear, misuse, or third-party alterations.


SECTION 9: HEALTH AND SAFETY

9.1 Compliance:
iHandle.co.uk adheres to relevant health and safety regulations, including the Health and Safety at Work Act 1974.

9.2 Responsibilities:

  • Both parties must ensure safe site conditions.


SECTION 10: INSURANCE

10.1 iHandle.co.uk Insurance:

  • Public Liability: £5 million.
  • Employers' Liability: £10 million.
  • Contract Works Insurance.

10.2 Client Responsibility:

  • Maintain buildings and contents insurance during the project.


SECTION 11: LIABILITY

11.1 Limitations:

  • iHandle.co.uk’s liability is capped at the total contract price.

11.2 Exclusions:

  • Indirect or consequential losses such as lost profits.


SECTION 12: FORCE MAJEURE

  • Both parties’ obligations are suspended during events beyond their control.
  • Either party may terminate the contract if the event exceeds 60 days.


SECTION 13: CONFIDENTIALITY

  • Both parties agree to protect Confidential Information disclosed during the project.


SECTION 14: INTELLECTUAL PROPERTY

  • Designs and materials remain iHandle.co.uk’s property unless otherwise agreed.


SECTION 15: DISPUTE RESOLUTION

15.1 Negotiations:

  • Parties will seek amicable resolution before escalating disputes.

15.2 Arbitration:

  • Disputes unresolved through negotiation proceed to arbitration under English law.


SECTION 16: GOVERNING LAW

  • The Agreement is governed by the laws of England and Wales.


SECTION 17: ENTIRE AGREEMENT

  • This document supersedes all prior agreements and understandings.


SECTION 18: SEVERABILITY

  • Invalid provisions do not affect the enforceability of the remainder.


SECTION 19: NOTICES

  • Notices must be sent via registered post, email, or delivered in person.


SECTION 20: ASSIGMENT


  • Rights or obligations cannot be transferred without prior consent.


SECTION 21: AMENDMENTS

  • Changes require written agreement from both parties.


SECTION 22: CONSENT FOR IMAGING

  • Written consent is required before publishing project-related images.


SECTION 23: EXECUTION


For iHandle.co.uk:
Name: MGM CASSA LTD
Title: COMPANY
Signature: DIRECTOR
Date: AS PER QUOTE


For Client:
Name: AS PER QUOTE
Title: AS PER QUOTE
Signature: AS PER QUOTE
Date: AS PER QUOTE

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