Customer Terms

  1. Parties, Definitions and Interpretation 
    1. In these terms and conditions (which are referred to in this document as “these terms”), “Customer” means the person or legal entity for whom “the Works” are to be carried out. “Trades” means any Tradesperson, company or other legal entity who will carry out the Work who have also signed Fixxa “Terms of Use”.  “Fixxa” means Fixxa Limited, “Contract” means the Agreement between the Customer and Trades using Fixxa as an agent to carry out the Work of which these terms and our Terms of Use form a part (where these terms are a  schedule to an agreement between the Customer and Trades using Fixxa (“the  Agreement”)). “Work” means the work described in website booking, the Trade’s estimate and/or as referred to in the Trade’s Scope of Works or any other document or email issued by the Trades or Fixxa through the Fixxa platform, as may be varied by agreement in writing between the parties. For the purposes of these terms, “in writing” includes by email, via the App or web system and any document which is set out in a handheld device and any signature or electronic confirmation on a handheld screen shall be treated as in writing. In these terms words importing the masculine gender also include the neuter and the feminine gender and words importing the singular number include also the plural number, where the context so requires. 
    2. The Trades details will be sent to the customer once the Work has been allocated by Fixxa. Fixxa reserves the right to change the Trade at any time.
  2. General 
    1. The Customer will be treated as an Account Customer or a Non-Account  Customer, according to Fixxa’s reasonable discretion. All estimates given by  Trades via Fixxa, all orders and instructions given by the Customer, and all work authorisations, are governed by these terms. They supersede any other terms appearing elsewhere and override and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in the order or instructions or in any negotiations or in any course of dealing established between Trades and the Customer, except where these terms are a schedule to a signed  Agreement between the Customer and Trades, in which event these terms apply only to the extent not inconsistent with that Agreement. The Customer acknowledges that Trades has not made any representations (other than any expressly stated in the Contract and/or in Fixxa’s estimate) which have induced it to enter into the Contract and the Contract shall constitute the entire understanding between the Customer and Trades for the performance of the  Works (and detailed in paragraph 6 below). The Customer should satisfy themselves that all/any representations by Trades or Fixxa have been included in the contract prior to acceptance. Modification to the contract will be via written confirmation. The trade will deem the customer has consented to the modification unless expressly told otherwise and the Customer will be presented with their cancellation rights electronically.
    2. Nothing in this Contract is intended to confer on any person any right to enforce any term which that person would not have but for The Contracts (Rights of Third  Parties) Act 1999. Accordingly, a person who is not a party to this Contract shall have no rights under that Act to enforce any of its terms, but this does not affect any right or remedy of such person which exists or is available apart from that  Act.
  3. The Price, Estimates and Variations
    1. Unless Trades provides the Customer with an estimate which is accepted by the  Customer in accordance with its terms, all Works will be charged on the basis of  Trade’s variable Rate Card applicable at the time the Works are carried out. Any estimate by Trades is subject to withdrawal by Trades at any time before receipt of an unqualified acceptance from the Customer and shall be deemed to be withdrawn unless so accepted within 28 days from its date. Where Trades provides the Customer with an estimate which is accepted by the Customer in accordance with its terms, that estimate is a firm, fixed price quotation which forms the Scope of Works unless otherwise specified by Trades in the estimate and also except as follows: an estimate is based on the information made available to Trades and Fixxa by the Customer. If during the conduct of the Works it becomes apparent to Trades and Fixxa that that information was either incorrect or insufficient in any respect that Trades and Fixxa considers to be material, Trades and Fixxa reserves the right to inform the Customer and to increase the estimated price to take account of the revised information, and if prior to carrying out the Works, there is an increase to Trades or Fixxa of more than 10% in the cost of any relevant materials, equipment hire or transport since the date upon which Trade’s estimate, written, emailed or oral, was provided, Trades and Fixxa reserves the right to inform the Customer and to provide a  revised estimate incorporating that increase. In this event, the revised estimate will apply unless the Customer cancels the Contract before the Works are begun or, if earlier, within 48 hours of the revised estimate being provided, and if the customer seeks to make a change to the Scope of Works following acceptance of the initial quote, the works the process outlined in paragraph 6 below will be followed.
    2. For materials that are not carried as part of Trade’s standard van stock, unless it is with respect to Works for which there is a fixed price which includes all collection fees, Fixxa charges a variable but capped materials collection fee (1  hour at the prevailing rate). Where an item is not easily sourced or generally held by the major suppliers used by Trades and Fixxa and it considers that significant time will need to be spent tracing and then collecting it, Trades will inform the  Customer in advance and, unless the Customer sources the item itself, this will be charged on a time basis as per variable Rates Card. This includes the matching of existing paint colours, flooring, tiles and fixtures and fittings where sufficient detail is not provided by the Customer. It should be noted that this is an infrequent occurrence.
    3. We always try to negotiate the best possible prices for the materials we use, so that we can pass the savings on to our customers. Materials will be charged at cost price plus a 20% trade mark up. Material collection time for non-stock items will be chargeable for the first hour. All materials remain the property of Fixxa until full payment is received.
    4. Fixxa’s variable Rate Card is available for inspection both on Fixxa’s website and at Fixxa’s premises during normal business hours. The Rate Card specifies hourly rates. There is a minimum charge of one hour. Further to that, charges are made by the half-hour, rounded up to the next half hour. This rates card is subject to variable pricing both up or down depending on demand and may change at any time.
  4. Additional Works 
    1. Additional works requested by the client or necessitated as part of the project will be charged in accordance with our variable Rates Card or a price may be given.  Prices may also include a contribution to the administration and other costs incurred by Trades and Fixxa as a result of the amendment. Trades and Fixxa reserves the right not to accept requests which reduce the Scope of Work following commencement of the Works or to treat them as a Cancellation as per paragraph 20 with the relevant fees charged.
  5. The Works
    1. All generic illustrations and photographs contained in any catalogues, price lists or advertisements, or otherwise communicated to the Customer unless specifically prepared for the customer, are intended merely to present a general idea of the Works and nothing contained in any of them shall form a part of the  Contract. The customer should satisfy themselves whether any imagery provided relates specifically to them and their project and seek further clarification as required.
  6. The Price
    1. The price payable by the Customer is calculated as specified in paragraph 4 above. Unless otherwise stated, the price and all estimates provided by Trades and Fixxa are shown exclusive of Value Added Tax which will be payable in addition where properly chargeable. A price including VAT is also shown during the booking process. Where a Trade is not VAT registered the Fixxa commission  + VAT will be charged to the Customer as a gross ex – VAT amount. If the Works involve a diagnostic process to ascertain the cause or source of a fault or breakdown and during that process, an item is ascertained by Trades and Fixxa to be faulty and is replaced, the Customer will be liable to pay for that replacement even if the breakdown was caused in whole or in part by a different fault.
  7. Payment
    1. Non-Account Customers: Payment by the Customer is due on completion of the Works. Payment must be made on such completion and will be taken automatically via card payment.  
    2. Account Customers: Fixxa will seek to submit invoices to the Customer within  3 days of completion of the Works and, subject to paragraph 8.e below, payment must be made by the Customer within 14 days after the date of issue of the invoice or other timeframe if terms agreed in advance.  
    3. Deposits: For Works scheduled to extend beyond three days, a deposit payment of 50% of the total price is required prior to the start of Works. Orders for products and materiel associated with the Works will not be made until receipt of this payment. 
    4. Additional Works: Fixxa will seek to submit invoices for Additional Works at point of delivery but these may be delayed until the end of the project. These are to be paid prior to Practical Completion. 
    5. Snagging: Where the Works have reached practical completion all/any amounts outstanding must be paid, with the exception of any agreed retention on such completion and the Customer must provide reasonable access to Trades to enable the snagging to be finalised, upon which the retention payment will be due.  
    6. Where the Customer is represented by a third party (such as a managing agent,  tenant or other occupiers, contractor or another representative), in the event of non-payment by the Customer, the third party will be responsible for payment unless  Trades have agreed otherwise in writing. Fixxa shall be entitled to interest on a  daily basis on any amount not paid on the due date for payment from such due date until payment in full at 3% above the Bank of England base rate at the relevant time. Fixxa shall not be required to issue or deliver any certificates,  guarantees or other similar documents regarding the Works until payment has been made in full. Title in all parts and other goods supplied by Fixxa shall not pass to the Customer until payment for the Works has been made in full. We require payment to terms. Payment must be made on time and in full unless otherwise agreed. Any retention or deduction made by a customer must be proportionate to the amount of work to be complete or repeated. In the event that an account is outstanding, and the Alternative Dispute Resolution (ADR) process has not been successful, we will refer the matter to our debt collection agents,  Daniels Silverman Limited, which will incur costs. Any costs incurred to collect the debt will be added to the debt, plus VAT at the prevailing rate. You agree that you will be legally liable to pay us that surcharge and that payment of the same can be enforced against you in court. For Commercial clients, you also agree to pay interest at the relevant reference rate provided for under the Late Payment of Commercial Debts (Interest) Act 1998, which interest is payable both after and before any judgment of the court and continues to accrue. Customers who pay the Trades (who were first introduced to them via Fixxa) directly for contracted or subsequent work rather than via the Fixxa platform will be liable to pay Fixxa a  referral fee of 35% of the total cost of work.
  8. Commencement and Completion time
    1. Dates & times specified for the commencement and completion of the Works are estimates only. Trades shall use all reasonable endeavours to ensure that it will attend on the date and time agreed. However, it accepts no liability in respect of non-attendance or late attendance on site or for the late or non-delivery of materials. Time shall not be of the essence of the Contract.
  9. Inspection of Works 
    1. The Customer shall inspect the Works as far as it is reasonably possible to do so immediately upon their completion (though failure to sign the relevant Works  Detail Sheet electronic or hard copy shall not imply a rejection of the Works) and if it considers that the Works or any part thereof are not in accordance with the  Contract, as soon as reasonably practicable, preferably 48 Hours from the date of completion, give detailed notice in writing thereof. In the absence of any such notice, the Works shall be conclusively presumed to be complete and free from any defect which would be apparent on reasonable examination.
  10. Indemnity
    1. The Customer understands that should Trades and Fixxa suffer any loss, not due to professional negligence, including any actions, suits, claims, demands, losses,  charges, costs and expenses incurred in connection with a claim by any third party resulting from a breach of the Customer’s obligations, undertakings,  representations and warranties in connection with this Contract that they, Trades and Fixxa will see to recover those losses from the Customer.
  11. Design 
    1. Trades and Fixxa accepts no responsibility for design or planning matters unless expressly stated in writing as part of an estimate. The customer shall indemnify  Trades and Fixxa against all actions, suits, claims, demands, losses, charges,  costs and expenses which Trades and Fixxa may suffer as a result of design by another party. Any design faults or issues may incur additional work outside the scope of the estimate, Trades and Fixxa may charge for such work. If the customer has not specified in advance a specific plan, layout or material, in writing, that they wish to use Trades and Fixxa will select an industry-standard material or layout using best judgement that it is in keeping with the design standard. Should Trades and Fixxa later incur additional time and cost in changing plans, layouts or Trades and Fixxa specified material this will be chargeable to the customer. Trades and Fixxa considers non-communication of specific details as implied authority for Trades and Fixxa to decide materials,  plans and layout. Where a specified design or plan cannot be achieved due to site constraints, Trades and Fixxa will use the best judgement to find a solution.  Customers should inform Trades and Fixxa in writing if they wish to be consulted on any variation from plans.
  12. Property
    1. Trades and Fixxa accepts no responsibility for damage to personal belongings,  furniture or carpets within a property unless Fixxa or its agents are deemed to have been negligent. Such items should be removed prior to the commencement of works. If these items have not been moved by the Customer, then Trades and  Fixxa may charge to remove them and accepts no responsibility for any damages caused therein.
  13. Limitation of Liability, and Liability of Trades and Fixxa 
    1. Trades and Fixxa’s liability shall be limited to any reasonable consequential  losses including;
    2. the repair or making good of any defect pursuant to its undertaking in paragraph 17 below and subject always to paragraph 13 above; 
    3. liability for death or personal injury resulting from negligence in the course of  carrying out Trades and Fixxa’s duties, and
    4. the reasonable costs of repair or reinstatement of any loss or damage to the  Customer’s property if such loss or damage results from Trades and Fixxa’s negligence or that of its employees, agents or sub-contractors and the Customer incurs such costs. 
    5. Trades and Fixxa will not be responsible for damage suffered to a part of the  Customer’s property (whether or not Trades and Fixxa is working on that part)  where that damage is in whole or in part a consequence of a defect or weakness in that part of the property.
  14. Permits, Licences and other Consents
    1. It is the responsibility of the Customer to obtain all permits, licences and other consents in connection with the Works unless Fixxa agrees otherwise in writing.  If parking permits are not provided to the Customer they shall reimburse Fixxa for parking costs incurred. The Customer will at all times provide a safe working environment for Fixxa and its employees, agents and sub-contractors for the purposes of carrying out the Works. Where applicable to drainage works, the  Customer will provide, if possible, a plan showing drain layouts. If this is not available, Fixxa reserves the right to render additional charges at the relevant applicable rate in accordance with paragraph 4 above if blockages occur in drains not covered by the specifications or if it is necessary to trace unidentified drains to complete the Works. The Customer must obtain any permission for Fixxa to proceed over property belonging to third parties if this is necessary for the proper execution of the Works and shall obtain any permission necessary to carry out work on property belonging to third parties. The Customer shall indemnify Trades and Fixxa against all claims of whatsoever nature made by third parties arising out of the presence of Trades and Fixxa its employees, agents or sub-contractors on the Customer’s property save where such claim results directly from negligence on Trades and Fixxa’s part. The Customer shall be liable to Trades and Fixxa for all loss or damage whether direct, indirect or consequential which is suffered by Trades and Fixxa as a result of failure or delay by the Customer in performing the obligations referred to above unless failure or delay is outside the control of the customer.
  15. Access
    1. The Customer shall provide clear access to enable Trades and Fixxa to undertake the Works and will make all necessary arrangements with the proper persons or authorities for any traffic controls and signals required in connection with the carrying out of the Works. For Works scheduled to extend beyond three days, the Customer must provide Trades with two sets of keys or guarantee access to Trades as required between the normal working hours of 8 am-5 pm,  Mon-Fri. For all works, during these hours the Customer may be charged for delay to Trades works caused by constraints imposed by the Customer, these include use of tools and working areas. Trades and Fixxa may request the fitting of an external Key Safe for the duration of the project. This will not be fitted without the permission of the property owner. Where the Customer is not the property owner the Customer must seek this permission.
  16. Defects
    1. Subject to paragraph 8 above and the exclusions listed below, Trades and Fixxa undertake to repair or make good any defect in completed work which appears within twelve months of completion of the same to the extent that such defect arises from a breach of Trades and Fixxa’s obligations under this Contract and provided that details of the defect are notified by the Customer to Trades and  Fixxa in writing within such period and that Trades and Fixxa and its insurers are given the opportunity of inspecting the work and the alleged defect. This undertaking shall only apply to work carried out and completed and invoiced by  Fixxa and which is paid for by the Customer by the due date for payment ascertained in accordance with paragraph 8 above. If Trades and Fixxa returns to the site at the Customer’s request to review a claim under this undertaking and it transpires that the defect had not arisen as a result of a breach of this Contract on the part of Trades, Trades and Fixxa reserves the right to charge the Customer for the visit at its variable rate as per paragraph 4 above. Trades reserve the right not to carry out any work where the Customer cannot evidence that the work was originally carried out and completed by Trades or where payment has not been made in full for such work. Exclusions are:
      1. Parts and materials will be provided with the benefit of supplier’s / installer’s guarantee. 
      2. Systems or structures not installed by Trades.
      3. Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to Trades prior to the work having been undertaken,  presuming reasonable professional due diligence has been applied by  Tradesperson during the execution of the original work.
      4. Defects resulting from misuse, wilful act, or faulty workmanship by the  Customer or anyone working for or under the direction of the Customer  (other than Trades). 
      5. Structural defects encompassing but not limited to subsidence and its resultant effect. 
      6. Damage to drainage systems caused by root penetration or any other outside force.
      7. Any roofing work where Trades advises that the overall condition of the roof is poor and is in need of more extensive work and the work to be undertaken involves less than 20% of the area of the roof.
      8. Any work to repair an existing lock, or to fit any lock not supplied by Trades and Fixxa.
      9. Cosmetic defects and cracking associated with the movement and settling of period properties.
  17. Force Majeure
    1. Trades and Fixxa will use all reasonable endeavours to carry out the Works on the agreed dates but shall not be under any liability to the Customer if it should be either impossible or impracticable to carry out the Works on the agreed dates or at all, by reason of strike, lockout, industrial dispute, act of God or any other event or occurrence beyond Trades and Fixxa’s control.
  18. Customer’s Liability
    1. The Customer shall be liable for:
      1. Any loss, damage or injury, whether direct or indirect or consequential,  resulting from failure or delay in the performance of the Customer’s obligations under these terms, unless the loss, damage or injury is outside the control of the customer.
      2. Providing all necessary power and a clean water supply for Trades and  Fixxa’s use in the execution of the contracted works.
      3. The safety of both machinery belonging to or hired in by Trades and Fixxa or its employees, agents or sub-contractors and shall indemnify Trades and  Fixxa against its loss, theft or damage unless Trades and Fixxa have failed to follow best practice in securing and applying the machinery.
  19. Cancellation
    1. If the Customer cancels the Contract without Fixxa’s consent, the Customer shall indemnify Fixxa against all loss, damage, claims or actions arising out of such cancellation unless otherwise agreed in writing, and for the avoidance of doubt, any such cancellation is without prejudice to Fixxa’s right to payment in accordance with paragraph 8 above or to the cancellation charges pursuant to paragraph 20.c below. 
    2. If the Customer wishes to cancel an appointment for a visit booked through Fixxa after creating the booking, the Customer may incur a cancellation fee of one hour’s labour as per the variable Rates Card, or a fee to cover reasonable losses if the job has not been billed via the rates card. Fixxa reserve the right to waive this fee if the appointment is rescheduled or if Fixxa and Trades have not incurred any cost. This applies in all instances where there is no right to cancel under the  Consumer Contracts (Information, Cancellation and Additional Charge)  Regulations 2013.
    3. Due to the fast-paced nature of on-demand and emergency fixes, the Customer will be presented with a 14 cancellation right electronically. The Customer may,  at any time during a cooling-off period of 14 days following the day of its acceptance of an estimate for planned non-emergency work, by written notice to  Fixxa cancel the work to be undertaken without any charge or penalty. Subject thereto, if the Customer cancels work to be undertaken pursuant to an estimate accepted by the Customer, subject to paragraph 4 above the Customer will be liable for the following cancellation charges: (1) as a contribution to the bank and credit card charges incurred by Fixxa, 5% of any amount already paid to Fixxa and which is to be refunded by Fixxa, and (2) as a contribution to the administration, demobilisation and other costs incurred by Fixxa, a charge of £50  (plus VAT) except that if greater, the charge is 5% of the estimated price if the cancellation is made less than 14 days prior to the specified commencement date for the Works, 10% of the estimated price if the cancellation is made less than 7  days prior to the said specified commencement date and 20% of the estimated price if the cancellation is made less than 2 days prior to the said specified commencement date. All charges will be adjusted depending on the situation to ensure that they are proportionate and reasonable to losses incurred.
  20. Removal of Waste Materials and Waste Transfer Notes
    1. Unless agreed in writing between the parties, the Customer will be responsible for the removal from site of all waste materials resulting from the Works. Where a quotation is provided this is an estimate for the waste to be disposed of and is subject to change as this can vary according to the size of the project or materials to be disposed of. Plasterboard and other materials must be separated into individual loads. Waste transfer notes can be provided on request for customer records.
  21. Frozen Pipes
    1. Trades and Fixxa will not be liable for any fracture found in frozen pipes attended by Trades and Fixxa. Trades and Fixxa will not guarantee to clear blockages occurring in a frozen pipe or drain.
  22. Marketing
    1. By accepting a quotation or confirming an Agreement, the Customer agrees to allow Fixxa to display a sign or banner outside the property and gives permission to Fixxa to use photographs of the work. Signage is erected and removed by a third party and is subject to their agreement with Fixxa. A copy of this agreement is available to the Customer on request.
  23. Waiver, Variation etc.
    1. No waiver by Trades and Fixxa of any breach by the Customer shall operate as a waiver of any preceding or subsequent breach by the Customer. No variation shall be effective against Trades and Fixxa unless sanctioned in writing by Fixxa.  No forbearance or delay on Trades and Fixxa’s part shall prejudice Trades and  Fixxa’s rights and remedies under this Contract.