Terms of Service

1. Introduction

These Terms of Service ("Terms") govern the provision of property repair and maintenance services by My Trusted Builder Ltd, trading as Chelsea Emergency Repairs ("we", "us", "our").

By engaging our services, you ("Client", "you", "your") agree to be bound by these Terms. Please read them carefully before proceeding.

These Terms apply to all services we provide, including emergency repairs, planned works, assessments and reinstatement services in Chelsea, SW3 and surrounding areas.

2. Definitions

In these Terms:

• "Services" means all property repair, maintenance, assessment and related services provided by us
• "Quote" or "Estimate" means a written or verbal indication of likely costs provided before work begins
• "Contract" means the agreement between us and you formed when you accept a Quote and we confirm acceptance
• "Property" means the building or premises where Services are to be carried out
• "Completion" means the date when all agreed Services have been finished and handed over

3. Scope of Services

3.1 General

These Terms set out our general terms of trading. The specific scope of Services, pricing and timeline for your project will be detailed in a separate Quote, Specification or Contract Document.

Where there is any conflict between these Terms and a specific written agreement, the specific agreement prevails.

3.2 Services we provide

We provide emergency and planned property repair services including:

• Emergency plumbing and leak detection
• Drainage services and unblocking
• Electrical installation and repairs
• Roofing and guttering works
• Waterproofing and damp remediation
• Hot water system installation and repair
• Building reinstatement and restoration
• Related building services as agreed

3.3 Exclusions

Unless expressly included in your Quote, the following are excluded:

• Structural engineering surveys or calculations
• Asbestos surveys or remediation
• Specialist cleaning or content restoration
• Temporary accommodation arrangements
• Landscaping or external works
• Work requiring party wall agreements

4. Quotations and Pricing

4.1 Assessment

We offer free initial assessments for most services within our coverage area. For complex or distant projects, we may charge an assessment fee, which will be quoted in advance and deducted from the final invoice if you proceed with the work.

4.2 Quotations

Our Quotations are based on:

• Information available at the time of assessment
• Current labour and material costs
• Reasonable access to the work area
• No hazardous materials (e.g., asbestos) being present
• Standard working hours unless otherwise specified

Quotations are valid for 30 days from the date of issue, unless otherwise stated.

4.3 What's included

Unless stated otherwise, our prices include:

• Labour and supervision
• Standard materials and fixings
• Plant and equipment
• Waste removal from site
• VAT at the prevailing rate

4.4 What's not included

Our prices do not include:

• Making good decorative finishes beyond standard making good
• Removal of furniture, fixtures or personal belongings
• Specialist cleaning after completion
• Work outside agreed scope (charged as variations)
• Permits or fees required by freeholders or managing agents

4.5 Variations

For structural repair work, hidden defects may be revealed once work commences. Where additional work is required:

• We will inform you promptly and provide a variation quote
• Work will not proceed on the variation until you approve
• Emergency variations (e.g., to make safe) may proceed immediately with verbal consent where reasonable
• All variations will be confirmed in writing (email sufficient)

5. Payment Terms

5.1 Payment schedule

Unless otherwise agreed:

• Small works (under £1,000): Payment in full on completion
• Medium works (£1,000–£5,000): 50% deposit, 50% on completion
• Larger works (over £5,000): Staged payments as agreed in the Quote

5.2 Methods of payment

We accept:

• Bank transfer (preferred)
• Credit/debit cards (via secure payment link)
• Cheque (cleared before work commences)
• Cash (up to £500, receipt provided)

5.3 Late payment

If payment is not received by the due date:

• We may charge interest at 8% per annum above Bank of England base rate
• We reserve the right to suspend work until payment is received
• For overdue accounts over 30 days, we may engage debt collection services
• Legal title to materials supplied remains with us until paid in full

5.4 Insurance-funded work

For insurance-funded projects:

• You remain responsible for payment regardless of insurance settlement
• We may invoice your insurer directly as your agent (where agreed)
• Any policy excess is payable by you directly
• If the insurer declines or reduces the claim, you are responsible for the balance

6. Programme and Delays

6.1 Start and completion dates

Agreed start and completion dates are estimates based on information available at the time. We will use reasonable skill and care to meet agreed programmes, but time is not of the essence unless expressly stated in writing.

6.2 Factors beyond our control

We are not liable for delays caused by:

• Weather conditions affecting external work or access
• Delays in material deliveries or specialist equipment
• Restricted access to the Property
• Additional work requested by you
• Failure of utilities or third-party services
• Compliance with freeholder or managing agent requirements
• Force majeure events (see Section 12)

6.3 Working hours

Standard working hours are Monday to Friday, 8:00 AM to 6:00 PM, excluding public holidays. Work outside these hours may be arranged for emergencies or by agreement and may incur additional charges.

7. Access and Site Conditions

7.1 Client obligations

You agree to:

• Provide safe and unobstructed access to the work area
• Clear the work area of furniture, valuables and personal items
• Inform us of any known hazards (asbestos, structural instability, pests)
• Provide secure storage for materials and tools if requested
• Ensure someone aged 18+ is available for access where required
• Notify us of any concierge, porter or security procedures

7.2 Utilities

You confirm that existing utilities (water, gas, electricity) are in safe working order unless otherwise notified. We are not responsible for pre-existing faults or failures caused by external factors.

7.3 Pets and occupantsants

For safety and efficiency, we request that pets are kept away from the work area. You are responsible for supervising children and other occupants during our work.

8. Quality and Guarantees

8.1 Workmanship guarantee

We guarantee our workmanship for a period of:

• Standard works: 2 years from Completion
• Waterproofing and structural repairs: Up to 10 years (where indemnified guarantee is specified and premium paid)
• Manufacturer's warranties: Materials and equipment carry manufacturer warranties as supplied

8.2 What the guarantee covers

Our guarantee covers:

• Defects in workmanship directly attributable to our work
• Failure of materials supplied by us (passed through as manufacturer warranty)
• Reasonable access to inspect and remedy (once per issue)

8.3 What voids the guarantee

The guarantee is voided by:

• Work carried out by others on the same elements without our consent
• Failure to follow maintenance instructions
• Damage caused by impact, neglect, or improper use
• Natural wear and tear
• Acts of nature (storm, flood, subsidence) after Completion
• Failure to notify us promptly of suspected defects

8.4 Making a guarantee claim

To make a claim:

1. Contact us at [email protected] with details and photographs
2. We will acknowledge within 2 working days
3. We will arrange inspection within 10 working days
4. If covered, we will provide a timeframe for remedial work

9. Insurance

9.1 Our insurance

We hold:

• Employers' Liability Insurance (as required by law)

Certificate details are available on request.

9.2 Client insurance

You are responsible for:

• Buildings insurance for the Property
• Contents insurance for your belongings
• Ensuring adequate coverage during works

We recommend notifying your insurer before major works commence.

9.3 Damage and claims

In the event of damage caused by our negligence:

• Notify us immediately
• We will inspect and assess
• We will repair, reinstate or compensate as appropriate
• Our liability is limited to the cost of repair or replacement

10. Cancellation by Client

10.1 Cooling-off period

For contracts signed away from our trade premises (e.g., at your home), you have a 14-day cooling-off period under the Consumer Contracts Regulations 2013, beginning the day after the contract is formed.

During this period, you may cancel without reason by written notice. We will refund any deposits paid within 14 days, provided work has not commenced.

10.2 Cancellation after cooling-off period

After the cooling-off period, you may cancel the Contract by written notice. You remain liable for:

• Payment for work completed up to the cancellation date
• Cost of materials ordered or procured specifically for your project
• Reasonable demobilisation costs
• Any discount or promotional rate applied may be recalculated

10.3 Cancellation before work commences

If you cancel after accepting a Quote but before work starts:

• Deposits are refundable if cancelled more than 5 working days before the scheduled start
• If cancelled within 5 working days, we may retain a percentage to cover mobilisation and lost scheduling
• Where materials have been specially ordered, their cost is deductible

11. Termination by Us

We reserve the right to suspend or terminate Services if:

• You fail to make payment when due
• You become insolvent or enter bankruptcy
• Site conditions are unsafe and you refuse to remedy
• You persistently breach these Terms
• Force majeure events continue for more than 30 days

On termination, you must pay for all work completed and materials supplied up to the termination date.

12. Force Majeure

Neither party is liable for failure to perform obligations due to events beyond reasonable control, including:

• Acts of God, storm, flood or natural disaster
• War, terrorism, civil commotion or industrial action
• Epidemics or pandemics and related restrictions
• Fire or damage to our facilities
• Shortage of materials, fuel or labour
• Government action or changes in law

The affected party must notify the other promptly and use reasonable efforts to mitigate.

13. Limitation of Liability

13.1 Nothing excludes

Nothing in these Terms excludes or limits liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot lawfully be excluded

13.2 Contractual liability cap

Subject to Section 13.1, our total liability to you for all claims arising from the Services is limited to:

• For property damage or economic loss: the Contract value or £250,000, whichever is lower
• For consequential losses: excluded except where foreseeable at contract formation

13.3 Consequential losses

We are not liable for:

• Loss of profits, revenue or business opportunity
• Loss of data or inability to use the Property
• Cost of temporary accommodation
• Storage costs for contents
• Any indirect or consequential losses

We recommend you maintain appropriate buildings and contents insurance.

14. Dispute Resolution

14.1 Informal resolution

We aim to resolve disputes amicably. Please contact us first at [email protected].

14.2 Formal complaints

If informal resolution fails, you may raise a formal complaint under our Complaints Procedure. We will respond within 28 days.

14.3 Alternative dispute resolution

For consumer disputes, you may refer the matter to:

• The Property Ombudsman (www.tpos.co.uk)
• TrustMark (www.trustmark.org.uk)
• Federation of Master Builders (www.fmb.org.uk)

14.4 Court proceedings

If dispute resolution fails, proceedings may be issued in the courts of England and Wales. For consumer claims under £10,000, the Small Claims Court may be appropriate.

15. Governing Law and Jurisdiction

These Terms and all disputes arising from them are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction, except for consumer proceedings which may be brought in your local court.

16. Changes to These Terms

We may update these Terms from time to time. Changes will be posted on our website with an updated date. Changes do not apply retroactively to Contracts already formed.

17. Entire Agreement

These Terms, together with any Quote, Specification and Contract Documents, constitute the entire agreement between us and supersede all prior discussions and understandings.

18. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.

19. Waiver

Failure or delay by us in enforcing any right under these Terms does not constitute a waiver of that right. Any waiver must be in writing.

20. Assignment

You may not assign your rights under these Terms without our consent. We may assign our rights to subcontractors, insurers or successor businesses.

21. Third-Party Rights

No third party has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

22. Contact Information

For questions about these Terms, contact us at:

• Email: [email protected]
• Phone: 07458 148224
• Company: My Trusted Builder Ltd