STRIVE ENGINEERING SERVICES LTD - TERMS AND CONDITIONS

Effective Date: January 2025

Company: Strive Engineering Services Ltd

Address: Plymouth, Devon, United Kingdom

Contact: info@strive-engineering.co.uk

Company Registration: [Insert Companies House number]

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

In these Terms and Conditions:

"Company," "we," "us," "our" means Strive Engineering Services Ltd
"Client," "you," "your" means the person, firm, or company purchasing services from us
"Services" means maintenance, repair, installation, and related services provided by us
"Contract" means the agreement between the Company and Client for provision of Services
"Site" means the location where Services are to be performed
"Materials" means parts, equipment, and materials supplied by us
"Quotation" means our written estimate for Services
"Business Days" means Monday to Friday, excluding UK bank holidays
"Emergency Services" means services provided with immediate or 2-hour response
"Planned Maintenance" means scheduled maintenance services under contract

1.2 Interpretation

References to "including" or "includes" mean "including without limitation"
Headings are for convenience only and do not affect interpretation
References to legislation include amendments and re-enactments
The singular includes the plural and vice versa

2. BASIS OF CONTRACT

2.1 Application

These Terms and Conditions apply to all Services provided by Strive Engineering Services Ltd unless otherwise agreed in writing.

2.2 Quotations

All quotations are valid for 30 days from date of issue unless otherwise stated
Quotations are based on information provided by the Client
We reserve the right to revise quotations if additional work is discovered
Quotations exclude VAT unless stated otherwise

2.3 Acceptance

A binding contract is formed when:

The Client accepts our quotation in writing, or
The Client requests us to commence work, or
We commence work with the Client's knowledge

2.4 Entire Agreement

These Terms and Conditions constitute the entire agreement between parties and supersede all prior agreements, representations, or understandings (unless expressly incorporated in writing).

3. SERVICES

3.1 Scope of Services

We will provide Services with reasonable skill and care in accordance with:

Industry standards and good practice
Relevant UK legislation and regulations
British Standards and Codes of Practice
Manufacturer guidelines (where applicable)

3.2 Service Categories

Emergency Services: Immediate response (target 2 hours)
24-Hour Services: Response within 24 hours
48-Hour Services: Response within 48 hours
5-Day Services: Response within 5 business days
2-Week Services: Response within 2 weeks
Planned Maintenance: Scheduled maintenance under contract

3.3 Service Hours

Standard Hours: Monday-Friday, 9am-5pm
Out of Hours: Evenings, nights, weekends, bank holidays (premium rates apply)

3.4 Changes to Services

Any changes to Services must be agreed in writing
Changes may affect pricing and timescales
We will notify you of any impact before proceeding

4. PRICING AND PAYMENT

4.1 Pricing Structure

Hourly Rates:

Morning (06:00 - 09:00): £74.00 per hour
Standard (09:00 - 17:00): £52.00 per hour
Evening (17:00 - 22:00): £78.00 per hour
Night (22:00 - 06:00): £95.00 per hour
Weekend (Saturday - Sunday, all day): £100.00 per hour

Callout Charges:

Emergency: £150.00
24 hour: £100.00
48 hour: £75.00
5 day: £50.00
2 week: £45.00
Planned maintenance task: £0.00

4.2 Additional Charges

Materials and Parts: Cost plus 20-30% markup (as specified in quotation)
Travel: Included for core service area (15 miles); additional charges may apply beyond
Parking: Reasonable parking charges will be passed to Client
Specialist Equipment: Hire charges if required
Subcontractors: As quoted, plus 10-15% management fee

4.3 VAT

All prices are exclusive of VAT unless stated otherwise. VAT will be added at the prevailing rate.

4.4 Payment Terms

For Jobs Under £500:

Payment due in full upon completion
We accept: Bank transfer, card payment, cash, cheque

For Jobs £500-£2,000:

50% deposit required before commencement
Balance due upon completion

For Jobs Over £2,000:

Payment schedule to be agreed in writing
Typically: 30% deposit, 40% at midpoint, 30% on completion

For Maintenance Contracts:

Monthly payment in advance by Direct Debit or standing order
Annual contracts: option for 10% discount if paid in advance

4.5 Payment Methods

Preferred: Bank transfer (BACS)
Accepted: Credit/debit card, cash, company cheque
Payment details provided on invoice

4.6 Late Payment

Payment is due within 14 days of invoice date unless otherwise agreed
We reserve the right to charge interest at 8% above Bank of England base rate on overdue amounts
We may suspend Services if payment is overdue
We reserve the right to use debt collection services for overdue accounts

4.7 Disputed Invoices

Disputed amounts must be notified in writing within 7 days of invoice
Undisputed portions must still be paid on time
We will investigate and respond within 14 days

5. CLIENT OBLIGATIONS

5.1 Access and Information

The Client shall:

Provide safe and timely access to the Site
Provide accurate information about the work required
Disclose any hazards, asbestos, or dangerous materials
Provide access to utilities (electricity, water, etc.)
Ensure adequate parking or access for vehicles
Notify us of any Site-specific rules or regulations

5.2 Permits and Permissions

The Client is responsible for obtaining necessary permits, permissions, or consents
We may refuse to work if appropriate authorisations are not in place

5.3 Third Party Contractors

The Client must coordinate other contractors on Site
We are not liable for delays caused by other contractors

5.4 Health and Safety

The Client must ensure the Site is safe for our engineers
We reserve the right to refuse work if Site is unsafe
The Client must provide information about Site-specific hazards

6. CANCELLATIONS AND VARIATIONS

6.1 Cancellation by Client

Before Work Commences:

More than 24 hours notice: No charge
Less than 24 hours notice: 50% of callout charge
No notice or engineer arrives on Site: Full callout charge

After Work Commences:

Client liable for all work completed, materials ordered, and time spent
Minimum charge: callout fee plus 1 hour labour

6.2 Cancellation by Company

We may cancel or postpone Services if:

Site is unsafe
Access is not provided
Client has breached these Terms
Weather or circumstances make work impossible or dangerous
We will refund any payments made if we cancel

6.3 Variations

Variations to work must be agreed in writing
Variations may affect price and timescales
Additional work discovered during job will be quoted separately

7. WARRANTIES AND GUARANTEES

7.1 Workmanship Warranty

We warrant our workmanship for 12 months from completion date
This covers defects in workmanship, not normal wear and tear
We will rectify defects free of charge during warranty period

7.2 Parts and Materials Warranty

New parts carry manufacturer's warranty (typically 12 months)
We will assist with manufacturer warranty claims
Refurbished or second-hand parts may carry shorter warranty (as specified)

7.3 Warranty Exclusions

Warranties do not cover:

Normal wear and tear
Misuse or neglect
Damage by third parties
Modifications by others
Failure to follow our maintenance recommendations
Acts of God (flood, fire, lightning, etc.)

7.4 Warranty Claims

Notify us in writing within 7 days of discovering defect
We will inspect within reasonable time
If valid, we will rectify at no charge
If invalid, we may charge for inspection and repair

8. LIABILITY AND INSURANCE

8.1 Our Insurance

We maintain:

Public Liability Insurance: £5,000,000
Professional Indemnity Insurance: £1,000,000
Employer's Liability Insurance (as required by law)
Tools and Equipment Insurance

8.2 Liability Cap

Our total liability under any Contract is limited to:

For individual jobs: The price paid for those Services
For maintenance contracts: The annual contract value
Maximum: £100,000 per incident

8.3 Excluded Losses

We are not liable for:

Loss of profits, business, revenue, or goodwill
Loss of data
Indirect or consequential losses
Losses not reasonably foreseeable at time of contract
Losses caused by Client's failure to follow our advice

8.4 Client's Responsibilities

The Client is responsible for insuring property and contents
The Client should notify their insurer before work commences
We are not responsible for damage to unrelated items

8.5 Indemnity

The Client indemnifies us against claims arising from:

Client's breach of these Terms
Inaccurate information provided by Client
Client's failure to obtain necessary permissions
Pre-existing defects not disclosed to us

9. HEALTH, SAFETY, AND ENVIRONMENT

9.1 Risk Assessments

We conduct risk assessments for all work
Copies available on request
We may refuse work if risks cannot be adequately controlled

9.2 Hazardous Materials

Client must disclose presence of asbestos, lead, or other hazardous materials
We reserve right to refuse work involving hazardous materials
Specialist removal may be required at Client's expense

9.3 Waste Disposal

We dispose of waste in accordance with environmental regulations
Charges may apply for waste disposal
Hazardous waste disposal charged separately

9.4 Site Safety

Our engineers have right to stop work if conditions become unsafe
Client must provide safe working environment
Client responsible for security of Site

10. INTELLECTUAL PROPERTY

10.1 Documentation

All designs, drawings, and specifications remain our property unless paid for separately
We grant Client licence to use for intended purpose only
Client may not reproduce or share without our consent

10.2 Confidentiality

We treat Client information as confidential
We may use anonymised data for marketing (e.g., case studies)
Client may request specific confidentiality agreements

11. DATA PROTECTION

11.1 Compliance

We process personal data in accordance with UK GDPR and Data Protection Act 2018
See our separate Privacy Policy for full details

11.2 Client Data

We collect and process:

Contact details
Site addresses
Payment information
Service history
Communications

11.3 Data Sharing

We may share data with:

Payment processors
Subcontractors (as necessary for Services)
Regulatory authorities (if required by law)

11.4 Data Retention

We retain data for 7 years (tax purposes)
You may request deletion (subject to legal obligations)

12. TERMINATION

12.1 Termination by Client

Single jobs: See Cancellation terms (Section 6)
Maintenance contracts: 30 days written notice required (unless contract specifies otherwise)

12.2 Termination by Company

We may terminate immediately if Client:

Fails to make payment when due
Breaches these Terms materially
Becomes insolvent or enters administration
Behaves inappropriately towards our staff

12.3 Consequences of Termination

Client must pay for all Services provided up to termination date
Any deposits paid are non-refundable if Client terminates
Outstanding invoices become immediately payable
Our warranties survive termination

13. FORCE MAJEURE

13.1 Excused Performance

We are not liable for failure to perform due to circumstances beyond reasonable control including:

Acts of God (flood, storm, earthquake, etc.)
War, terrorism, civil unrest
Government restrictions or legislation
Strikes or industrial action
Failure of utilities or transport networks
Pandemic or epidemic

13.2 Notification

We will notify Client as soon as reasonably practicable
We will use reasonable efforts to mitigate effects
Performance will resume when circumstances permit

14. COMPLAINTS AND DISPUTES

14.1 Complaints Procedure

If you are dissatisfied:

1. Contact us immediately to discuss

2. If unresolved, submit written complaint to [complaints email]

3. We will acknowledge within 3 Business Days

4. We will investigate and respond within 14 days

5. If still unresolved, we will escalate to senior management

14.2 Dispute Resolution

Parties will attempt to resolve disputes through good faith negotiation
If unsuccessful, parties may use mediation before legal action
We recommend Centre for Effective Dispute Resolution (CEDR)

14.3 Jurisdiction

These Terms are governed by English law
English courts have exclusive jurisdiction

15. GENERAL PROVISIONS

15.1 Assignment

We may assign or subcontract our obligations with notice to Client
Client may not assign without our written consent

15.2 Third Party Rights

These Terms are between Company and Client only
No third party has rights under Contracts (Rights of Third Parties) Act 1999

15.3 Severability

If any provision is invalid, the remainder continues in force
Invalid provisions will be replaced with valid provisions achieving similar effect

15.4 Waiver

Failure to enforce any term does not constitute waiver
Waivers must be in writing

15.5 Notices

Notices must be in writing
Delivered by email, hand, or recorded delivery post
Deemed received: email (24 hours), hand (immediately), post (48 hours)

15.6 Entire Agreement

These Terms constitute entire agreement between parties
Supersedes all prior agreements (unless specifically incorporated)

15.7 Variations

These Terms may only be varied in writing signed by both parties
We may update Terms annually with 30 days notice

15.8 Survival

The following sections survive termination:

Payment obligations
Warranties (during warranty period)
Liability limitations
Confidentiality
Dispute resolution

16. SPECIFIC SERVICE TERMS

16.1 Emergency Services

"Emergency" means immediate threat to safety or property
We target 2-hour response but do not guarantee
Premium rates apply
We may prioritise multiple emergencies based on risk

16.2 Diagnostics

Diagnostic fees apply if repair not proceeded with
Typically: callout charge + 1 hour labour minimum
Fee waived if repair work instructed

16.3 Parts Ordering

Lead times are estimates only
We are not liable for manufacturer delays
Client may source own parts (warranty may be affected)
We do not warrant parts not supplied by us

16.4 Electrical Work

Must comply with BS 7671 (IET Wiring Regulations)
Electrical Installation Certificates provided where required
Client responsible for notifying Building Control if required
We may refuse work not meeting regulations

16.5 Gas Work

Gas work only performed by Gas Safe registered engineers
Gas Safety Certificates provided as required
Client must allow access for annual safety checks (if applicable)

16.6 Maintenance Contracts

See separate Maintenance Contract Terms (Appendix A)
Typically 12-month minimum term
Covers agreed equipment only
Excludes parts unless specified

17. CUSTOMER PORTAL AND DIGITAL SERVICES

17.1 Online Portal Access

We provide online portal for job tracking and documentation
Client responsible for keeping login credentials secure
Client must notify us immediately if security compromised

17.2 Electronic Communications

Client consents to receive communications by email
Client must keep contact details up to date
We may send service reminders and maintenance alerts

17.3 Digital Documents

We provide PDF worksheets, certificates, and invoices
Digital documents have same validity as paper copies
Client responsible for saving and backing up documents

18. ANTI-BRIBERY AND MODERN SLAVERY

18.1 Anti-Bribery

We comply with Bribery Act 2010
We do not tolerate bribery or corruption
Client must report any suspected bribery

18.2 Modern Slavery

We comply with Modern Slavery Act 2015
We do not use forced or child labour
We expect same from suppliers and partners

19. CONTACT INFORMATION

Strive Engineering Services Ltd

Address: [Insert full address]

Phone: [Insert phone number]

Email: [Insert email address]

Website: www.strive-engineering.co.uk

Office Hours: Monday-Friday, 9am-5pm

Emergency Line: 24/7 (emergency callout charges apply)

Complaints: [Insert complaints email]

Data Protection: [Insert DPO email]

20. ACCEPTANCE

By instructing us to provide Services, you confirm that you:

Have read and understood these Terms and Conditions
Accept these Terms and Conditions in full
Have authority to bind the Client to these Terms
Have provided accurate information

Document Version: 1.0

Last Updated: January 2025

Review Date: January 2026

These Terms and Conditions were prepared for Strive Engineering Services Ltd and should be reviewed by a qualified solicitor before use. They are provided as a template and may need modification to suit specific circumstances.