Terms & Conditions

​

1. About Us

Trading name: MaintainRight
Registered company: MAINTAINRIGHT LTD
Company number: 17414343
Registered in: England and Wales
Registered office: 3 Kingfisher Rise, Cranbrook, Exeter, England, EX5 7GN
Email: info@maintainright.co.uk
Telephone: 07828 626 161

Our services include property maintenance, repairs, installations, cleaning and associated property services.

Certain specialist or regulated work may be carried out by appropriately qualified subcontractors or specialist tradespeople.

2. Our Services

Depending on the work agreed, our services may include:

• General property maintenance and repairs

• Carpentry and joinery

• Fencing and external maintenance

• Painting and decorating

• Flooring installation and repairs

• Bathroom and kitchen maintenance

• Minor plumbing work

• Cleaning and property cleaning services

• Electrical work where legally permitted

• Gas, electrical, plumbing and other specialist services carried out by appropriately qualified tradespeople where required

• Property inspection, maintenance and repair services for landlords, letting agents and property managers

The exact work included will be stated in the quotation, estimate, work order, invoice, email or other written communication agreed with the customer.

3. Quotations and Estimates

Unless stated otherwise, quotations are based on the information available to us at the time of inspection or enquiry.

A quotation is based only on the work specifically described within it.

Any work that is not included in the quotation will be treated as additional work and may result in an additional charge.

Quotations may be subject to a validity period stated on the quotation. Where no period is stated, we may revise a quotation if labour, material or other costs change before the work is accepted.

An estimate is an approximate indication of cost and is not a guaranteed fixed price.

4. Hidden or Unforeseen Problems

Property maintenance work can reveal defects or problems that could not reasonably have been identified before work started.

Examples include:

• rotten timber

• damaged or unsafe wiring

• defective plumbing

• hidden water damage

• damp or mould behind fittings

• damaged plaster or walls

• structural defects

• inaccessible pipework or cables

• previous poor-quality repairs

• asbestos or other hazardous materials

Where additional work becomes necessary because of an unforeseen condition, we will normally explain the issue to you and, where reasonably practicable, obtain your approval before carrying out chargeable additional work.

Where immediate action is reasonably necessary to make the property safe or prevent further damage, we may carry out limited necessary work and inform you as soon as reasonably possible.

5. Additional Work and Variations

Any work requested by you that is outside the original agreed scope will be treated as a variation or additional work.

Additional work may be charged:

• at an agreed fixed price;

• at an agreed hourly or daily rate; or

• according to the additional labour, materials and expenses reasonably incurred.

Where possible, we will advise you of the additional cost before proceeding.

Minor variations requested while work is already underway may also be confirmed verbally, by text message, WhatsApp or email.

6. Materials

The quotation will state where reasonably practical whether materials are:

• supplied by us;

• supplied by you; or

• charged separately.

Materials supplied by us remain our property until they have been paid for in full, where legally permitted.

Material prices may change because of supplier price increases, shortages, discontinued products or circumstances outside our reasonable control.

Where an exact product becomes unavailable, we will discuss a suitable alternative with you.

7. Customer-Supplied Materials and Products

We are happy to install customer-supplied materials or products where agreed.

However, you are responsible for ensuring customer-supplied products are:

• suitable for the intended installation;

• the correct size and specification;

• complete and undamaged;

• compliant with applicable requirements; and

• available when required.

We are not responsible for defects in products or materials supplied by you.

If additional labour is required because a customer-supplied product is incorrect, defective, incomplete or unsuitable, additional labour charges may apply.

Any warranty relating to a customer-supplied product remains between you and the retailer or manufacturer, although we will reasonably cooperate where necessary.

8. Deposits and Advance Payments

We may require a deposit before booking work or purchasing materials.

The amount and payment date will normally be stated on the quotation or invoice.

Deposits may be used towards materials, committed labour, specialist orders and other legitimate costs associated with the job.

Any cancellation charge or deduction from a deposit will only reflect costs or losses reasonably incurred and will be subject to your statutory consumer rights.

Special-order or bespoke materials that cannot reasonably be returned may remain chargeable where they were purchased with your agreement.

9. Payment

Payment terms will be shown on the quotation or invoice.

Unless otherwise agreed, payment becomes due following completion of the relevant work or stage of work.

For larger projects, we may require staged payments.

Payment can be made using the payment methods notified on our invoice.

You must notify us promptly if you dispute any part of an invoice.

You should not withhold payment for undisputed work because of a separate disputed item.

For commercial customers, letting agents, landlords or other business customers, separate payment arrangements may be agreed in writing.

10. Late Payment

Where an invoice remains unpaid after its due date, we may suspend further non-essential work until payment is received.

Where the customer is acting in the course of a business, we reserve the right to claim statutory interest, compensation and reasonable recovery costs where legally permitted.

Nothing within this section affects a consumer’s statutory rights.

11. Appointments and Access

You are responsible for providing us with safe and reasonable access to the property at the agreed time.

This includes arranging, where necessary:

• keys;

• access codes;

• parking;

• permission from tenants or occupants;

• access to electricity and water; and

• clear access to the work area.

If we cannot gain access at an agreed appointment through no fault of ours, we may charge a reasonable amount for wasted travel and labour time.

Any such charge will reflect the reasonable loss incurred rather than operate as a penalty.

12. Preparing the Work Area

Unless otherwise agreed, customers should remove valuable, fragile and personal belongings from the immediate work area.

We will take reasonable care while carrying out work.

However, construction, maintenance and decorating work may produce dust, vibration and temporary disruption.

Customers should tell us before work starts about any particularly delicate surfaces, concealed services, alarm systems or other matters that may affect the work.

13. Parking and Other Charges

Where reasonably necessary to perform the work, additional charges may apply for expenses such as:

• parking;

• congestion or access charges;

• waste disposal;

• skip hire;

• specialist equipment hire; or

• delivery charges.

Where reasonably practicable, these will be included in the quotation or discussed with you beforehand.

14. Waste and Disposal

Waste removal is only included where specifically stated.

Where waste disposal is included, waste will be dealt with in accordance with applicable requirements.

Large quantities of waste, hazardous materials, asbestos, chemicals or specialist waste may require separate arrangements and additional charges.

15. Electrical, Gas and Other Regulated Work

We will only undertake work that we are legally entitled and competent to perform.

Where work is required to be carried out by an appropriately qualified, registered or competent person, we may arrange for an appropriate subcontractor or specialist contractor to carry out that part of the work.

Gas work requiring Gas Safe registration will be carried out by a suitably registered Gas Safe engineer.

Electrical work requiring appropriate qualifications, certification or notification will be carried out by an appropriately competent person.

Certificates will be provided where they are legally required and applicable to the work undertaken.

16. Subcontractors

We may use trusted subcontractors, specialists or other tradespeople to carry out some or all of the services.

Where you contract directly with MAINTAINRIGHT LTD for the overall work, we remain responsible for providing the contracted service in accordance with applicable law, even where parts of the work are carried out on our behalf by subcontractors.

Specialist contractors remain professionally responsible for work and certifications that legally fall within their own professional registration or competency requirements.

17. Start Dates and Completion Dates

We will make reasonable efforts to start and complete work within agreed timescales.

Any completion date is an estimate unless we expressly agree in writing that a particular date is guaranteed.

Work can sometimes be delayed by circumstances outside our reasonable control, including:

• bad weather;

• supplier delays;

• unavailable materials;

• unexpected property defects;

• illness;

• emergency work;

• delayed access;

• other contractors;

• utility interruptions; or

• circumstances affecting safety.

We will inform you of significant delays as soon as reasonably practicable.

18. Cancellation by Consumers

Where you are a consumer and a contract is entered into online, by telephone, by email, or at your home or another location away from our business premises, you may have a legal right to cancel the contract within 14 days, subject to applicable consumer law and exceptions.

You do not need to give a reason for exercising a statutory cancellation right.

To cancel, contact us using the contact details provided on our website or quotation and clearly tell us that you wish to cancel.

19. Work Requested During the 14-Day Cancellation Period

You may ask us to begin work before the statutory 14-day cancellation period has expired.

Where applicable, we will ask you to expressly request that work begins during the cancellation period.

If you subsequently exercise your cancellation right after work has started, you may be required to pay a reasonable amount for the work properly completed up to the point that you cancel.

Where the service has been fully performed during the cancellation period following your express request and acknowledgement, your statutory right to cancel may end once the service has been fully completed, where permitted by law.

20. Emergency Repairs

Different cancellation provisions may apply where you specifically request urgent repairs or maintenance to deal with an emergency.

The emergency exemption only applies to work that is genuinely necessary to deal with the immediate emergency.

Any additional non-urgent work may still be subject to normal consumer cancellation rights.

21. Cancellation of Scheduled Work Outside a Statutory Cancellation Right

If you wish to cancel or postpone booked work after any statutory cancellation period has expired, please give us as much notice as reasonably possible.

We may charge reasonable costs actually incurred as a consequence of a late cancellation, which could include:

• non-refundable materials;

• specially ordered products;

• committed subcontractor costs; or

• labour capacity that could not reasonably be reallocated.

We will not impose a cancellation charge that amounts to an unfair penalty.

22. Cancellation by Us

We may suspend or cancel work where reasonably necessary, including where:

• the work cannot be carried out safely;

• significant undisclosed hazards are discovered;

• required payments have not been made;

• abusive, threatening or unsafe behaviour occurs;

• necessary access is not provided;

• required permissions are unavailable; or

• circumstances outside our reasonable control prevent the work from continuing.

Where we cancel work permanently, you will only be charged for work properly completed, materials supplied or ordered, and other reasonable costs already incurred, subject to applicable consumer law.

23. Permissions and Approvals

Unless specifically included in our quotation, you are responsible for obtaining any necessary:

• landlord permission;

• freeholder permission;

• planning permission;

• building control approval;

• listed building consent; or

• other property-related consent.

We will tell you if we become aware that a particular approval may be necessary, but responsibility for obtaining it remains with the person identified in the quotation or agreement.

24. Existing Defects

We are not responsible for pre-existing defects or damage that we did not cause.

Where we discover an existing defect, we will inform you where reasonably practicable.

We are also not responsible for failures caused by parts of the property or equipment outside the scope of the work we were instructed to perform.

25. Cleaning Services

Where cleaning services are provided, the exact cleaning tasks will be agreed separately.

We cannot guarantee removal of every stain, mark, mould deposit, odour or permanent discolouration.

Some staining or deterioration may be permanent or may require specialist treatment.

Where cleaning involves customer-owned surfaces, appliances or furnishings, we will use reasonable care and appropriate methods based on the information available to us.

26. Mould and Damp

Cleaning or treating visible mould does not necessarily cure the underlying cause of damp or condensation.

Unless specifically contracted to investigate and remedy the cause, our service may be limited to cleaning or treating the affected surface.

Recurring mould caused by condensation, leaks, structural defects, ventilation problems or occupant behaviour is not considered a failure of the original cleaning or treatment service.

27. Photographs

We may take photographs before, during and after work for purposes such as:

• documenting existing conditions;

• recording completed work;

• preparing quotations;

• resolving disputes; and

• maintaining business records.

We will not intentionally publish photographs that identify you, your address or other private information without appropriate permission.

Where we wish to use photographs for advertising, our website or social media, we will seek permission where appropriate.

28. Damage

We will take reasonable care when working at your property.

If we cause damage through a failure to exercise reasonable care and skill, please notify us promptly and give us a reasonable opportunity to inspect and, where appropriate, rectify the problem.

We are not responsible for damage caused by:

• defects that existed before our work;

• defective customer-supplied materials;

• inaccurate information supplied to us;

• hidden defects that could not reasonably have been identified; or

• actions of other contractors or third parties.

Nothing in these Terms excludes or restricts liability where doing so would be unlawful.

29. Quality of Service and Consumer Rights

We will perform our services with reasonable care and skill.

Where no specific completion time has been agreed, work will be completed within a reasonable time.

Your statutory rights under the Consumer Rights Act 2015 and other applicable consumer legislation are not affected by these Terms & Conditions.

Where a service does not comply with applicable consumer law, you may have legal rights including having the service repeated or receiving an appropriate price reduction.

30. Guarantees and Workmanship

Where we provide a specific workmanship guarantee, its duration and scope will be stated on the quotation, invoice or other written documentation.

A workmanship guarantee does not cover problems resulting from:

• normal wear and tear;

• accidental damage;

• misuse;

• neglect;

• movement or deterioration of the building;

• water ingress from another source;

• pre-existing defects;

• work subsequently altered by another person;

• manufacturer or product defects; or

• failure to follow maintenance instructions.

Manufacturer warranties on materials and products remain subject to the manufacturer’s own terms.

Your statutory rights remain unaffected.

31. Complaints

We want customers to tell us promptly if they believe there is a problem with our work.

In the first instance, please contact us and provide:

• your name;

• property address;

• description of the issue; and

• photographs where helpful.

We will investigate the issue within a reasonable period.

Where appropriate, we must be given a reasonable opportunity to inspect the work and put matters right.

Nothing in this complaints procedure limits your statutory rights.

32. Website Information

We make reasonable efforts to ensure information on our website is accurate.

However, descriptions, photographs, service examples and prices shown on the website are general information only unless expressly incorporated into a quotation or contract.

A website enquiry does not create a contract by itself.

33. Intellectual Property

Unless otherwise stated, the content of our website, including our branding, written material, graphics and photographs owned by us, may not be reproduced or used commercially without our permission.

Third-party trademarks, product names and images remain the property of their respective owners.

34. Personal Information

We will handle personal information in accordance with applicable UK data protection law and our Privacy Policy.

Information may be used where reasonably necessary to:

• provide quotations;

• arrange appointments;

• perform services;

• issue invoices;

• communicate with customers;

• administer warranties and complaints; and

• comply with legal and regulatory requirements.

Please refer to our separate Privacy Policy for further information.

35. Business Customers

Where services are supplied to a landlord, letting agent, property management company, company or other person acting mainly for business purposes, certain consumer rights referred to in these Terms may not apply.

Any separately agreed commercial contract or written terms will take priority where they conflict with these standard Terms & Conditions.

36. Third Parties

Unless otherwise expressly agreed, no person other than the parties to the contract shall have a right to enforce these Terms.

37. Events Outside Our Control

We will not be responsible for delay or failure to perform obligations where this results from circumstances genuinely outside our reasonable control.

We will take reasonable steps to minimise disruption and resume performance as soon as reasonably practicable.

38. Changes to These Terms

We may update these Terms & Conditions from time to time.

The terms applying to a particular job will normally be those in force when the relevant quotation or contract was accepted, unless a change is required by law or mutually agreed.

39. Governing Law

These Terms & Conditions and contracts between us are governed by the laws of England and Wales.

If you are a consumer, nothing in this section deprives you of any mandatory legal protections or rights to bring proceedings available to you under applicable law.

40. Contact Details

MAINTAINRIGHT LTD
Trading as MaintainRight

Company number: 17414343
Registered in: England and Wales

Registered office:
3 Kingfisher Rise
Cranbrook
Exeter
England
EX5 7GN

Email: info@maintainright.co.uk
Telephone: 07828 626 161

For questions about these Terms & Conditions, quotations, cancellations or complaints, please contact us using the details above.