Terms & Conditions

01 Introduction

These Terms and Conditions apply to the use of the Benjamin Services website and to property services supplied by Benjamin Services to homeowners, landlords, tenants, property managers, businesses, contractors and other customers.

By accepting a quotation, confirming a booking, paying a deposit, authorising work or instructing us to begin, you agree to these terms together with the relevant quotation, agreed scope of work and any additional written agreement.

Nothing in these terms excludes or restricts statutory rights that cannot legally be excluded.

02 Business Details

03 Our Property Services

Our services may include:

• Electrical installation, inspection and repair services
• Plumbing installation, maintenance and repairs
• Boiler installation, servicing and repair support
• Gas safety inspection and certification support
• Roofing repairs and maintenance
• Lift repair and planned maintenance support
• Damp and mould assessment and treatment
• Full property repairs and ongoing maintenance
• Bathroom and kitchen renovation
• Property refurbishment and renovation
• Loft conversions and building extensions
• Landscaping and external property improvements
• Air-conditioning installation and maintenance
• Cold-room installation and repair
• HMO licensing and property compliance support
• Planning, building regulations and alteration support

All services are subject to assessment, availability, safe access, existing property conditions, materials, specialist requirements and the agreed scope of work.

04 Formation of the Contract

An enquiry, initial discussion, website price indication or appointment request does not by itself create a binding contract.

A contract will normally be formed when one or more of the following occurs:

• You accept our written quotation
• We confirm the booking and agreed work
• You pay a requested deposit
• You authorise us to begin work
• We attend and you approve chargeable assessment, investigation or repair work

The person instructing us confirms that they are authorised to approve the work and accept responsibility for payment.

05 Quotations, Estimates and Pricing

Quotations and estimates are based on the information, photographs, measurements, plans, access details and visible conditions available when they are prepared.

Unless stated otherwise, a quotation:

• Applies only to the work specifically described
• Is valid for the period shown on the quotation
• May be revised if labour or material costs change
• Does not include hidden or inaccessible defects
• Does not include additional work discovered later
• Does not include parking, permits or congestion charges unless stated
• Does not include specialist making good, decorating or finishing unless stated

An estimate is an approximate price rather than a fixed quotation. The final amount may depend on the time, materials, access and work reasonably required.

06 Surveys and Property Assessments

Some repairs, installations and larger projects require a site assessment before an accurate quotation or work plan can be prepared.

A visual assessment cannot guarantee that concealed pipework, wiring, structural conditions, hidden damage, inaccessible areas or existing defects will be identified before work starts.

Testing, dismantling, access equipment, specialist investigation or third-party surveys may be chargeable where reasonably required.

07 Additional and Unforeseen Work

Property work may reveal damaged services, water damage, unsafe wiring, defective pipework, structural issues, concealed leaks, inaccessible components or other conditions that were not reasonably visible beforehand.

Where additional work is required, we will normally:

• Explain the issue
• Describe the recommended work
• Provide a price or pricing basis
• Request authorisation before proceeding

Immediate safety action may be taken where reasonably necessary to isolate danger, prevent further damage or protect the property. Additional chargeable work will be discussed as soon as reasonably practicable.

08 Bookings and Appointments

Appointment times are arranged according to availability, location, access and the expected requirements of the work.

Arrival times are estimates unless a fixed appointment has expressly been confirmed. Delays may occur because of:

• Traffic or transport disruption
• Emergency call-outs
• Previous work taking longer than expected
• Supplier or material delays
• Weather or unsafe working conditions
• Other circumstances outside our reasonable control

We will try to inform you of significant delays and arrange an alternative where appropriate.

09 Deposits, Invoices and Payment

Payment terms will be shown on the quotation, invoice or written agreement.

Depending on the work, we may require:

• A booking or assessment fee
• A deposit before ordering materials
• Stage payments for larger projects
• Payment on completion for smaller jobs
• Payment before releasing agreed non-statutory final documents

Undisputed invoices must be paid by the stated due date. If part of an invoice is disputed, the undisputed amount remains payable.

We may pause future work or appointments where overdue sums remain unpaid, subject to applicable law and statutory rights.

10 Materials and Equipment

Materials will be selected according to the agreed specification, availability, compatibility, safety requirements and manufacturer instructions.

An equivalent product may be proposed where an item is unavailable, discontinued or subject to an unreasonable delay. Material substitutions will be discussed where reasonably practicable.

Special-order, customised or made-to-measure products may be non-returnable and may remain chargeable following cancellation.

11 Customer-Supplied Products

We may agree to install customer-supplied products or equipment, subject to inspection, suitability, compatibility and safety.

Unless caused by our workmanship, we are not responsible for:

• Defective or incomplete products
• Incorrect specifications or measurements
• Incompatible products or equipment
• Manufacturer warranty limitations
• Additional visits caused by product failure

Additional labour required because of unsuitable, incomplete or faulty customer-supplied products may be chargeable.

12 Consumer Cancellation Rights

Where a consumer contract is entered into online, by telephone or away from our business premises, a statutory cancellation period may apply.

Where applicable, a consumer may normally cancel a service contract within 14 days after the contract is entered into.

If you expressly request that work begins during an applicable cancellation period:

• You may have to pay for work completed before cancellation
• Materials already used or specially ordered may remain chargeable where legally permitted
• The cancellation right may end when the service has been fully performed with the required agreement

The statutory cancellation right may not apply to urgent repairs or maintenance specifically requested by the consumer, although it may still apply to additional non-urgent work.

13 Appointment Cancellation and Rearrangement

Please contact us as early as possible if an appointment needs to be cancelled or rearranged.

Subject to statutory rights, reasonable charges may apply where:

• An appointment is cancelled at short notice
• We attend but cannot gain access
• A tradesperson has already travelled to the property
• Materials have been ordered or collected
• Parking, access equipment or specialist services have been arranged
• Work has already started

Any cancellation charge will reflect reasonable costs or losses arising from the cancellation.

14 Customer Responsibilities

The customer must:

• Provide accurate information about the property
• Confirm authority to approve the work
• Provide safe and reasonable access
• Ensure relevant work areas are accessible
• Inform us of known hazards or asbestos concerns
• Keep children and pets away from work areas
• Obtain landlord, freeholder or management permission where required
• Provide parking or access permits where reasonably necessary
• Protect fragile or valuable belongings near the work area

We are not responsible for delays or additional costs caused by inaccurate information, unavailable access or missing third-party permissions.

15 Utility Isolation and Service Interruption

Electrical, plumbing, heating, cooling and other property work may require electricity, water, gas, heating or other services to be temporarily isolated.

The customer is responsible for making appropriate arrangements for:

• Computers and electronic equipment
• Alarm and access-control systems
• Medical or mobility equipment
• Refrigeration and temperature-sensitive items
• Internet and business systems
• Tenants, employees and other occupants

Please notify us before work starts where interruption of a service could create a particular medical, safety, security or business risk.

16 Safety, Regulations and Compliance

Services will be carried out with reasonable care and skill and with regard to applicable safety, building and trade requirements.

Depending on the nature and location of the work, relevant requirements may include:

• Applicable electrical safety requirements
• Gas safety requirements where relevant
• Building Regulations and building control requirements
• Planning and property alteration requirements
• Manufacturer installation instructions
• Applicable fire, landlord and workplace requirements

Responsibility for applications, approvals, inspections, notification or certification will be stated in the quotation or project agreement where relevant.

17 Reports, Inspections and Certificates

Reports and certificates reflect the accessible property, systems, observations and test results available at the time of inspection.

An inspection does not guarantee that every concealed, intermittent or inaccessible defect will be identified.

Reports may include limitations, observations, safety classifications and recommendations. Remedial work is not included unless expressly stated.

The customer must provide accurate client, property and installation information required for reports or certification.

18 Making Good and Decoration

Property work may require drilling, lifting flooring, removing fixtures, opening walls, forming access holes or disturbing existing finishes.

Unless expressly included, our quotation does not cover:

• Plastering or filling
• Painting or decorating
• Carpentry or specialist joinery
• Flooring replacement
• Tile replacement
• Removal of hazardous materials

We will take reasonable care when gaining access, but some disturbance may be unavoidable.

19 Delays Outside Our Control

We are not responsible for delays caused by events outside our reasonable control, including:

• Severe weather or unsafe conditions
• Traffic or transport disruption
• Utility or network failures
• Material shortages or supplier delays
• Unexpected structural or property conditions
• Actions of third-party contractors
• Emergency safety work

We will take reasonable steps to minimise disruption and keep the customer informed.

20 Workmanship, Defects and Guarantees

Benjamin Services will perform its services with reasonable care and skill.

If you believe our workmanship is defective, you must notify us as soon as reasonably possible and allow us a reasonable opportunity to inspect and, where appropriate, remedy the issue.

Any additional workmanship guarantee will be subject to its stated duration and conditions.

Unless required by law, guarantees do not cover:

• Normal wear and tear
• Misuse, neglect or accidental damage
• Third-party alterations or repairs
• Pre-existing defects
• Water, fire, pest or structural damage
• Utility supply problems or power surges
• Manufacturer product failure
• Failure to follow maintenance or operating advice

Manufacturer warranties are subject to the manufacturer’s terms. Statutory rights remain unaffected.

21 Liability

Nothing in these terms excludes liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

Subject to applicable law, Benjamin Services is not responsible for loss or damage caused by:

• Pre-existing faults or hidden defects
• Inaccurate customer information
• Defective customer-supplied products
• Unauthorised third-party interference
• Failure to follow safety or maintenance advice
• Circumstances outside our reasonable control

For business customers, we will not be responsible for indirect loss, loss of profit, revenue, contracts, goodwill or business opportunity where such liability may lawfully be excluded.

Any limitation applying to a consumer operates only to the extent permitted by consumer law.

22 Employees, Subcontractors and Specialists

We may use appropriately skilled employees, subcontractors, consultants or specialist providers to complete part of the work.

Contractors appointed directly by the customer remain responsible for their own work, conduct and contractual obligations.

We are not responsible for defects or delays caused by independently appointed third parties.

23 Photographs and Work Records

We may take photographs or videos for quotations, technical records, project planning, certification, quality control, insurance or evidence of completed work.

Images will only be used publicly for marketing or portfolio purposes where we have an appropriate right and lawful basis.

We will take reasonable steps not to publish confidential, security-sensitive or unnecessarily identifying information.

24 Website Use

Website content is provided for general information and does not replace a property-specific inspection, professional assessment or written quotation.

Text, photographs, branding, graphics and original website content must not be copied or commercially reused without permission, except where permitted by law.

Further information is available in our Copyright Notice.

25 Privacy and Personal Information

We may process personal information to respond to enquiries, prepare quotations, manage appointments, provide services, issue reports and invoices, maintain records and comply with legal obligations.

Further information is available in our Privacy Policy.

26 Complaints

Please contact us promptly if you are dissatisfied with any part of our service.

A complaint should include:

• Your name and contact details
• The property or job address
• The relevant quotation or invoice reference
• A clear description of the issue
• Photographs or evidence where appropriate
• The outcome you are requesting

We will investigate the matter and respond within a reasonable time. You must allow us a reasonable opportunity to inspect alleged defective work before arranging alterations by another contractor, except where urgent safety action is reasonably required.

27 Governing Law

These terms and any contract with Benjamin Services are governed by the laws of England and Wales.

The courts of England and Wales will normally have jurisdiction, subject to any mandatory right a consumer may have to bring proceedings elsewhere.

28 General Provisions

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.

A delay in enforcing a contractual right does not necessarily mean that the right has been waived.

The version applying to a job will normally be the version supplied or available when the contract was formed, together with any later written agreement.