1. TERMS AND CONDITIONS OF WORK
Ensuring Clear, Fair, and Legally Protected Agreements between iHandle.co.uk and Clients
2. CONTENTS
- Definitions
- Scope of Work
- Client Obligations
- Payment Terms
- Snagging
- Variation Orders
- Break Clauses
- Warranties
- Health and Safety
- Insurance
- Liability
- Force Majeure
- Confidentiality
- Intellectual Property
- Dispute Resolution
- Governing Law
- Entire Agreement
- Severability
- Notices
- Assignment
- Amendments
- Consent for Imaging
- 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