Reaney Property Maintenance and Management (RPMM)
TERMS AND CONDITIONS
PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE RPMM WEBSITE (“SITE”) AND RPMM SERVICES. BY ACCESSING THE SITE AND USING THE SERVICES ON IT YOU ARE FORMING A CONTRACT AND AGREEING TO THE TERMS AND CONDITIONS THAT APPEAR BELOW.
TERMS AND CONDITIONS:
1. Provision of the Service and How to Contact us
The Service is provided by Martin Reaney trading as “Reaney Property Maintenance and Management” (“Business”) and whose contact details are as follows:
- Business Address: Ascot House, Kinsealy Lane, Kinsealy, County Dublin, Ireland
- Email Address: [email protected]
- Office Tel: 01 846 4549
- After hours / mobile: 087 6942825
- Licensed by the PSRA No. 003257
The Business provides a Property Lettings, Maintenance and Management Service. Members of the public will provide their contact details, their specific requirement, their budget range and the proposed timescale surrounding their particular job requirement and the Business will then contact them to quote for and then undertake the business (“Service”).
You acknowledge that You have provided the Business with accurate and complete information and that it is Your responsibility to update the Business with any changes to that information by e-mailing or telephoning the Business at the email address or telephone number provided above. The Business reserves the right to require You to provide evidence to verify any aspect of your contact details at any time.
If You believe that there has been a breach of security such as the disclosure, theft or unauthorised use of Your user name and password (“ID”) then You must notify the Business immediately. If the Business reasonably believes that Your ID is being used in any way which is not permitted under this Agreement, the Business reserves the right to immediately suspend access rights on giving notice to You and to block access to the Site until the issue has been resolved to the reasonable satisfaction of the Business.
For the purpose of these terms and conditions, the following words shall have the following meanings:
a. “Us/We/Our” Shall mean Reaney Property Maintenance and Management (RPMM) or any of our sub-contractors.
b. “You/client/your” shall mean the customer (being the person or organisation for whom we agree to carry out works and/or supply materials).
c. The person giving instructions to us or ordering work or materials will personally be deemed to be the customer unless it is made clear to us in writing who the customer is and we have confirmation that the person providing the instructions or order has the right to instruct us on the customer.
d. We are a Property Maintenance and Management Company – not a make good company.
e. All our engineers are professionally qualified, and carry all relevant qualifications.
3. Changes and alterations
These terms and conditions may change at our discretion. If the terms do change we will notify you and you shall be notified either verbally/writing or e mail. These terms and conditions prevail over all others including your own and together with any quotation or tender given to you by us constitute the entire agreement between us and supersede and cancel any previous agreement or understanding. You acknowledge that in entering the agreement between us you have not relied on any representation or understanding (whether oral or in writing) which is not included or referred to in this document.
These terms and conditions set out our liability in respect of the work, and our liability under them shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities expressed or implied statutory or otherwise in respect of the work and quality thereof (all liability in respect of which, howsoever arising is expressly excluded) except any which by law cannot be excluded. Save as provided in these terms and except as aforesaid we shall not be under any liability whether in contract or otherwise, in respect of defects in the work or failure to correspond to specification or for any injury, damage or loss resulting from any such defects or failure or from carrying out of any work.
The Business shall not be liable to You whether in contract, tort (including negligence) or otherwise, for:
- any indirect, consequential or special loss or damage whatsoever;
- any loss of profit, loss of anticipated savings, loss of business, loss of goodwill, loss of data or other such financial or business loss or damage; or
- any other loss or damage in an amount exceeding €50.00 (fifty Euro) in the 12 months preceding the date on which such liability arose.
Notwithstanding the above provisions of this clause the Business’s liability will not be limited in the case of fraud or for death or personal injury caused by our negligence.
If any provision of this agreement is declared by any judicial or other competent authority to be void voidable illegal or otherwise unenforceable the provision shall be severed from this agreement to the extent required and the remaining provisions shall remain in full force and effect unless the parties decide that the effect of such declaration is to defeat the original intention of the parties in which case either party shall be entitled to terminate this agreement by one month’s written notice.
Jobs are charged on a 60 minute fixed price and thereafter in 60 minute units unless the price of the job has previously been agreed. The total charge to you will be the time spent doing the work. It will include all reasonable time spent in obtaining materials. Parts and materials are charged at retail price plus a handling charge of 20%.
a. The price payable by you is the price stated as the invoice total, or where no price is stated, our current standard rates for the service provided.
b. It is your responsibility to enquire into our rates for the specific service you require. We incur no liability or obligation to present this information to you, except upon request.
c. Where labour charges apply, unless otherwise confirmed, all services shall be charged with a minimum labour charge of 90 minutes, for the initial visit, and rounded up to the nearest half hour thereafter. Subsequent visits shall be charged on merit rounded up to the nearest half hour.
d. Unless explicitly agreed in writing we cannot guarantee to work within ceiling limits, while we will undertake all reasonable care to ensure compliance, you accept any additional costs.
6. Fixed price work
Quotes will include labour and materials. The price will be fixed but manifest errors shall be exempted. Quotes may need to be revised if you change the scope of work, or if there is an increase in the price of materials, or if further works are required.
- The price payable by you is specified in our quotation. We reserve the right to increase the price before carrying out the work by an amount equivalent to any increase to us in the cost of relevant materials since the date of our quotation save if this would increase the cost by more than 10%, where we will give you an amended quotation. If you decline the quote you may be liable to a charge, for time and work undertaken to this point.
- All prices quoted are subject to any change in Irish law.
- We reserve the right to withdraw any quotation without notice before we receive your acceptance.
- Dates specified for the commencement and completion of works are estimates only and shall not form the essence of the contract.
7. Additional costs
Where all consideration is given to the evaluation or work duration, all reasonable precaution will be taken to avoid additional costs. It is however agreed and a condition of these terms that should further work be necessary to complete the contract and where you or your site representative is not available, for whatever reason, to sanction the necessary extension we have your authority (without reference to you), to extend the working day or re-attend to complete the works. Additional hours will be charged in accordance with our current rates.
a. Invoices are payable within the agreed payment terms. Invoices unpaid (in total or part) will be subject to late payment charges, charged of 5% above Bank of Ireland base rate per day of the total monies outstanding plus any other charges deemed necessary.
b. A 25% deposit is required on all work over the value of €300. Payment will be made upon completion of works for all jobs under €300.
c. You agree that by providing debit/credit card details as the preferred payment method or security for our charges you have provided RPMM authorisation for funds to be taken from that card upon completion of works, or when invoices are unpaid by the agreed credit limits, or at a time when, at our discretion, the security needs to be processed.
d. Debit/Credit card details shall be required as security for any works undertaken regardless of desired payment method, unless otherwise agreed.
e. Credit card transactions shall incur a 5% surcharge and, this charge shall be VAT exempt.
f. Overdue invoices (where security has been waived) shall incur a 5% above Bank of Ireland base rate charge per day, late payment charge.
If you instruct us to do the works or buy materials and then cancel that instruction, we reserve the right to charge you for the cost of any time and materials incurred by us.
You may not assign or sub-contract any of your rights. We may perform any or all of our obligations under this agreement through agents or sub-contractors, provided that we shall remain liable for such performance and shall indemnify you against any loss or damage suffered by you arising from any act or omission of such agents or sub-contractors.
All works and materials are guaranteed for a reasonable time frame as governed by us, on an individual basis. If you are not satisfied with our work you must contact us within 30 days of completion of the work, so that we can inspect the work and if required carry out any remedial work at our expense. You agree if you do not contact us in a suitable time frame/within 30 days we shall have no liability.
Things we cannot cover
a. We are unable to guarantee our work, parts and equipment supplied to you if they are misused, treated negligently or if our work is repaired, modified or tampered with by anyone other than us. Where we carry out works for you using your materials we can take no responsibility for the quality, fitness for purpose or otherwise of these materials and the terms of our guarantee will not apply.
b. Damage to carpets, floor coverings, expensive items and furniture during works carried out. (Although care is taken to ensure there is minimal damage.) We carry appropriate public liability insurance.
c. We cannot guarantee work where you order us to carry out work against our advice. This advice will be given to you either orally, or in writing. Our guarantee is also void if we indicate that further works need to be carried out.
d. We cannot guarantee work on existing installations that are over 10 years old. Nor can we guarantee the effectiveness or otherwise of our work in these cases.
12. Force majeure
We will use our reasonable endeavours to carry out the works on the agreed dates and times but shall not be under any liability to the client if it should be either impossible or impracticable to carry out the work on the agreed date or dates or by reason of strike, lock out, industrial disputes, acts of god or any other event, or occurrence beyond our control.
We will only be liable for rectifying our own work and shall not be held responsible for any consequential loss damages or claims resulting from this or from other works overlooked or subsequently requested or undertaken.
We shall be entitled to recover from you any costs or damages we may have to pay where the negligence or faulty workmanship of any person or contractor employed or engaged by you makes us liable to pay for those damages or rectification of work.
a. You shall indemnify us against all actions, suits, claims, demands, losses, charges, costs and expenses which we suffer or incur resulting from a claim by any third party arising out of a breach of your obligation, undertakings, representations and warranties under this agreement.
b. A person who is not a party to this agreement has no rights or duties under the Contracts (Rights) of Third Parties) Act 1999 to enforce any terms of this agreement.
c. Our liability (if any) whether in contract or otherwise in respect of any defects in the work, or in breach of this agreement of any duty of care or otherwise owed to you in connection herewith shall be limited to the invoice value of the work.
d. You shall be liable for all loss, damage or injury (whether direct, indirect or consequential) resulting in the failure or delay in the performance of your obligations under these terms.
The Business warrants that it will use all reasonable skill and care in making the Service available to You.
Notwithstanding the above, there may be times when the Service is temporarily unavailable due to (inter alia) routine or emergency maintenance, upgrades, uploads of new material or software improvements (“Downtime”) as well as problems with the internet and other means of telecommunication. The Business shall use its reasonable endeavours to minimise Downtime and any disruption to the Service wherever possible.
The Business makes no warranty that the Website is free from viruses or anything else that has contaminating and/or destructive properties. It is Your responsibility to adopt appropriate back-up, firewall and other precautionary security measures. All other express or implied warranties and any representations are fully excluded from this Agreement to the extent that they can be excluded as a matter of applicable law.
You warrant and represent that You are the owner or licensee of any content that You upload, record or otherwise transmit through the Services, including but not limited to photographs, caricatures, illustrations, designs, icons, articles, text, audio clips, and video clips as applicable (collectively, “Your Content”). You warrant and represent that You shall not publish, post, upload, record or otherwise transmit any Content that: (i) infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violates any law or statute, (iii) is defamatory, unlawfully threatening or unlawfully harassing; (iv) is profane, indecent, obscene, harmful to minors or pornographic; (v) contains any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or property of another; or (vi) is materially false, misleading or inaccurate.
You agree not to: (1) use the Services in connection with chain letters, junk mail, pyramid schemes, spamming or any duplicative or unsolicited messages, or any use of distribution lists to any person; (2) harvest or otherwise collect information about others, including e-mail addresses; (3) knowingly interfere with or disrupt networks connected to the Services or violate the regulations, policies or procedures of such networks; (4) attempt to gain unauthorised access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means; or (6) use the Services for any illegal purposes whatsoever.
You agree to fully indemnify the Business against all claims, liabilities, costs and expenses (including but not limited to legal fees) arising out of (to include but not be limited to disputes between users of the Service) the use of the Services or related to any breach of this Agreement.
16. Licence and limited rights to use Content
The Business grants You a non-exclusive, non-transferable, non-assignable, revocable licence to use the Content subject to the terms and conditions of this Agreement.
The Content and all copyright, database rights, website design, trade and service marks and logos or names, design rights, know how and rights relating to loss of reputation and business and all other intellectual property rights including the software used on the Site (“Intellectual Property”) in each case whether registered or not, in the Content, the Service and the Site belong to the Business (or applicable licensors) and may not be used in any way whatsoever without our prior written consent.
The Business fully respects Your right to privacy and has a strict policy of complying with the terms of the Irish Data Protection Acts 1988 and 2003. At certain times, as a result of Your interaction with the Site, the Business may hold and process personal information obtained about You for the purposes providing You with the Services. By registering on the Site You consent to this collection and use of your information. We may also use this information to send You information about the Business’s products and/or services. If at any time You do not wish to receive such information please contact us at [email protected]
By registering on the Site You have given us specific authority to contact You via telephone, SMS and email – if You wish to stop such contact then please contact the Business at the email address or telephone number provided above and the Business shall immediately cease such contact.
You must let us know of any dangerous gases, liquids or other materials, which you believe, may present a hazard or danger to any person carrying out work before such work is started. You must provide us with all the necessary details in respect of any relevant requirements specified by the factory inspectors or similar regulatory authorities.
You will be solely liable for any hazardous situation, where we in respect of the ‘Gas Safety (Installation and Use) Regulations 1998’ or any Gas warning notice issued have advised of such a situation.
You shall provide clear access to all drains, sewers, inspection covers and manholes to enable us to carry out the work. You shall provide if possible the plan showing drain layouts, if this is not available we reserve the right to render additional charges if blockages occur in drains not covered by the specification or if it is necessary to trace unidentified drains to complete the work. You shall obtain permission for us to proceed over property belonging to third parties if it is necessary to carry out work on property belonging to other parties. You must provide us with a supply of mains electricity water and cleaning facilities. You shall indemnify us against all claims of whatsoever nature made by third parties and arising out of our presence on their property save where such claim results directly from negligence on our behalf. You shall be liable to us for all loss or damage whether direct, indirect or consequently suffered by us as a result of failure or delay by the client in prolonging the obligations referred to above.
- Unless otherwise agreed in writing you shall be responsible for the removal from site of deposits extracted by our operators from drainage works on pipe work or sewer systems.
- We will not be liable for any fractured or frozen pipe and cannot guarantee to clear blockages occurring in a frozen pipe or drain.
- You shall be responsible for any damage that might be caused to trailer mounted jetting units, tanker jetting units, vacuum units and TV surveying units should the work require them to operate away from normal tarmac or a laid surface road. The client will also be responsible for equipment lost or damaged due to fractured pipes, drains or conduits.
It is your responsibility to protect any data equipment, software or stored data information, which may become damaged or deemed lost due to power loss. Whilst every care shall be taken we accept no liability and it should be assumed that accidental power loss might occur.
All prices given are subject to view (STV), and may be subject to change following a site survey. You agree that if glass is ordered and you subsequently cancel you shall be responsible for all costs suffered by us.
a. Glazing will be charged at minimum of one square meter unless otherwise stated and agreed.
b. If light does not permit, a board up (or other means) to secure the window will be undertaken, until such time as a glaze can be arranged.
c. Boarding and securing shall be charged at a minimum of one board.
d. Express orders (for toughened or fabricated units) incur a 40% cost increase.
23. Title of Goods
Goods supplied and delivered by us to you, or your premises shall remain our property until paid for by you in full. Whilst goods remain our property (we shall continue to have title over them), we have the absolute authority to retake, sell or otherwise dispose of all or any part of these goods. We shall be entitled to seek a court injunction to prevent you from selling, transferring, or otherwise disposing of such goods. However once goods have been delivered, it will be your responsibility to keep them safe and secure. Goods damaged through your negligence will be charged for.
a. If you have the need to make a complaint, then please telephone in the first instance on (01) 8464549.
b. Please allow up to 14 days for your complaint/concern to be investigated, you shall be informed of the outcome verbally and in writing. In the event of any refund, this shall be sent in the form of a cheque.
Non business users are entitled to post their experience of using the Services. The Business will check all reviews in advance and decide which reviews shall be published on the Site. The Business reserves the right to amend and publish, and/or not publish any review submitted to it and without providing a reason for the same. You agree to make all reviews truthful and accurate and to not make any racist or other unsuitable and/or unlawful comments.
All notices shall be given to the Business via e-mail at [email protected] or by post to the Business’s address as set out under clause 1 of this Agreement; or to You at the e-mail or land address You provide in Your registration information.
27. Links and Supplier Contract
The Website contains links to other websites and resources and the Business is not responsible and shall not be liable for the availability or content of these resources. No endorsement or approval of any such third party websites, their advice, opinions, information, products or services is expressed or implied by any information on our Site and it is entirely your decision and responsibility to use the precedent Supplier and Purchaser contract. Where we provide links to other websites or to the Supplier and Purchaser contract it is done for Your convenience only shall be at Your own risk and we shall not be liable for any damages arising in connection therewith.
28. Dispute Resolution
In the event of a dispute arising between Us and You, we shall in the first instance use all reasonable endeavours to resolve the same, however, if that intervention fails then the parties agree to use the dispute resolution process set out below.
Should there be any dispute between Us and You, the parties shall, on the written request of any party, refer it to an independent mediator, the identity of whom shall be agreed between the parties. In the event the mediator cannot be agreed by the parties within 14 days of one party’s written request to appoint a mediator, the Dublin office of the International Centre for Dispute (“ICDR”) Resolution shall appoint a single independent mediator in accordance with the rules of the ICDR. The costs of the mediation shall be shared equally and the place of conduct of the mediation shall be Dublin, Ireland. In the event that within a period of 60 days of the appointment of a mediator, the mediator is unable to resolve the dispute, the parties may submit the matter to the exclusive jurisdiction of the Irish Courts.
The Business may transfer and/or assign its rights and/or obligations under this Agreement – this will not affect Your rights under this Agreement.
No failure or delay on the part of the Business relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any proceeding or succeeding breach by the other party to this Agreement.
If any provision of this Agreement shall be prohibited by or adjudged by a court to be unlawful, void or unenforceable, such provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect the validity or enforcement of the remainder of this Agreement.
The Business shall be under no liability to You in respect of anything, which notwithstanding this provision, may constitute a breach of this Agreement, arising by reason of force majeure which includes third party telecommunications failures.
This Agreement contains the full and complete understanding between the parties and supersedes and replaces all prior arrangements, terms, representations and understandings whether written or oral relating to the subject matter of this Agreement.
The Business is continually seeking to improve the Service and to ensure that all information on the Site (“the Content”) is up to date (although it cannot guarantee that this will always be the case). Accordingly, the Business reserves the right, and at its sole discretion, to make changes to any part of the Service or the Content at any time and without prior notice to You. We would recommend that You regularly check the Site from time to time for any updates or changes to this Agreement.
In the event of any inconsistency between the terms of this Agreement, the Website, and/or any other third party terms and conditions the terms of this Agreement shall prevail.
This Agreement, all matters and any disputes arising hereunder shall be governed by and construed in accordance with the laws of Ireland and be subject to the exclusive jurisdiction of the Irish courts.
By entering into a contract (either in writing/e-mail or verbally) with us, you agree to these terms and conditions.