TERMS AND CONDITIONS OF SERVICE (as of January 2021)
For the purpose of these terms and conditions, the following words shall have the following meanings: “We”, “Us”, “Our”, “Danke”, “Danke Home Improvements”, “The Company”, “Service Provider” shall mean Danke Home Improvements Ltd. “The Customer”, “You”, “Your” shall mean the person or organisation for whom Danke Home Improvements Ltd. has agreed to carry out works and/or supply materials. “The Goods” shall mean goods and materials.
● All estimates are provided free of charge unless otherwise stated.
● All prices are subject to inspection of the project and a written quotation.
● Estimates remain valid for two weeks.
● By accepting the estimate by signed order form or payment of deposit, the customer is agreeing to be bound to the Terms and Conditions set out herein.
● On acceptance of the estimate, the customer permits Danke to order and purchase goods and services required for works upon the customers behalf.
● Estimates assume grounds are suitable, of sound construction and show no signs of rot or damage, (unless expressly specified by Danke, and itemised within the estimate).
● Deposits (if requested) are comprised of 25% of the given estimate.
● Should the deposit not be received the project shall be deemed cancelled.
● Should you wish to cancel your contract the deposit will be returned to you, minus any costs incurred in the organisation and preparation of the project (e.g. scaffolding or materials manufactured for the specific project)
● A cooling off period of 14 days is given from acceptance of contract or payment of deposit, (whichever came first).
● A cancellation fee of £200.00 shall be incurred for cancellation of works less than 5 working days prior to work commencing.
● Should work be requested and agreed to commence within less than 14 days of agreement, the statutory cooling off period is forfeit. This includes, but is not limited to, order placement for manufacture of materials.
● The Goods shall remain the property of Danke until all outstanding balances are paid.
● The customer must ensure that appropriate space and conditions are provided to Danke for the storage of goods upon delivery. Danke shall not be responsible for any change in the content of the goods due to poor provision of storage area.
● The customer holds responsibility for the security of the goods in the absence of Danke from the jobsite. Danke does not accept responsibility for change in the content of the goods whilst in the customers care.
● By accepting any estimate requiring roof access or access support upon roofs, permission to access roofs or support access equipment from roofs is granted to Danke.
● The Customer shall grant Danke’s representatives unrestricted access to the premises at all reasonable times for the purposes of taking measurements and (if necessary) carrying out sub-soil investigations, of carrying out the works forming the subject of the Contract and for any subsequent remedial work if required. In some cases, the Company may need to site skips, ladders, scaffolds or vehicles on the premises in order to complete its contractual obligations. The Customer agrees at no cost to Danke to provide such electricity, gas, water or other services to enable Danke to complete the installation and, if necessary, any remedial works. In the event of access being required to neighbouring land it is the Customer’s responsibility to ensure access is granted and Danke shall not be held liable for any delays arising out of the Customer’s inability to gain such access.
● Danke accepts no responsibility for broken or damaged ground or roof coverings where access equipment has been sited. Any such damage is the responsibility, and covered by insurance, of the sub-contracted access equipment company.
● The Company will use reasonable endeavours to honour any installation date given, but cannot be held liable for any losses suffered as a result of any delay that has resulted from factors that are outside the reasonable control of the Company. Such factors include (but are not limited to): adverse weather or traffic conditions, mechanical breakdown, or previous contracts overrunning for reasons that could not reasonably have been foreseen. If the Company is unable to meet an installation date, it shall give the Purchaser as much notice as possible and arrange an alternative convenient date.
● Danke accepts no responsibility for hidden defects, degradation or flaws uncovered during works.
● Extra labour and material costs incurred due to hidden defects or degradation are chargeable.
● Danke cannot be held responsible for any damage to wall hung, shelved or balanced valuables caused by work vibration through walls and structure.
● Danke cannot be held responsible for any disturbance or misalignment caused when working in close proximity to service fittings, such as (but not limited to) aerials, telephone lines, satellite dishes etc.
● Final payment of any outstanding balances to be paid on the day of project completion, based on original estimate (unless otherwise agreed). Extra work completed outside of the original estimate to be paid on completion (unless otherwise agreed). Stage Payments
● For contracts exceeding 5 days’ work, payment for the previous 5 days’ labour and extra work outside the estimate is to be received in full before close of business each Friday, (unless agreed in advance).
● Work will be suspended should payments not be received in accordance with above.
● BACS – Card – Cash Non / Late Payment
● Overdue payments will be passed to a Debt collection agency who will have the right to add further interest and/or charges. Guarantees
● Guarantees shall be awarded after final payment has been made and funds have cleared.
● Guarantees shall not be awarded until all advisory works are complete by Danke or contractors instructed by Danke.
● Any amendment made to the product or work of Danke voids guarantees.
● In the event of defects, snags and remedial work, a period of 10 working days is given for Danke to undertake remedial work or to contest liability. In this period no other tradesman or operative is to amend or add to the product of Danke.
● Danke accepts no liability for any expense incurred by the premature use of other contractors or service providers.
● Danke does not accept responsibility for any damage, rot, movement and water ingress caused by neglect of advisory work which has compromised the integrity or longevity of Danke’s product and workmanship.
● We always endeavour to provide the best service and products to our customers. However, on rare occasions, we recognise that there may be times where customers may not be completely satisfied. To ensure we are able to put things right as soon as we can, please read our complaints procedure below and we will respond promptly to ensure complete satisfaction. As soon as possible after the completion of the Works, please inspect the work to ensure everything has been carried out to our usual high standards. In the unlikely event there is anything you are not completely satisfied with, please contact us on the email below as soon as you can in order for us to rectify any problems as soon as possible.
● In the event a dispute arises out of or in connection with an Agreement of services, the Parties will attempt to resolve the dispute through friendly consultation.
● If the dispute is not resolved within a reasonable period then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation.
● If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the Country of England. The arbitrator’s award will be final, and judgement may be entered upon it by any court having jurisdiction within the Country of England. Capacity/Independent
● In providing the Services under this Agreement it is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee. The Service Provider and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
● It is the intention of the Parties to any Agreement of services that the Agreement, the performance under the Agreement, and all suits and special proceedings under the Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Country of England, without regard to the jurisdiction in which any action or special proceeding may be instituted.
● In the event that any of the provisions of any Agreement of services are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of the Agreement.