Terms and Conditions

Introduction

1. This website (“our site”) promotes the business referred to on it. In these conditions, the business may be referred to as ‘we’ and/or ’our’
2. Use of our site is on the following terms (the “Terms and Conditions”). If you do not agree to these Terms and Conditions, please stop using our site immediately. By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable Copyright and Trademark law. They should be read in conjunction with any details provided on our site about how our site operates and the services which are available, including our Privacy & Cookie Policy and Trading Terms (if applicable)
3. These Terms and Conditions tell you:

• • The rules for using our services
  • What you can expect from Barima Homecare Services
  • Your rights and responsibilities

4. We reserve the right to change these Terms and Conditions from time to time without prior notice by changing them on our Site

Definitions & Interpretation

1. For the purpose of these Terms and Conditions the following words shall have the following meanings:

• • “Customer” means any person who purchases Goods and Services from Barima Homecare Services who is responsible for any costs incurred
  • “Goods” means the articles specified in the Proposal
  • “Proposal” means the statement of work, estimate, quotation or other similar document describing the Goods and Services to be provided by BHS to which these Terms and Conditions apply
  • “Services” means the services specified in the Proposal
  • “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by BHS
  • “Fixed Price Work” relates to work for which an estimate or quotation that has been given in advance of commencement of work in a Proposal
  • “Hourly Rate Work” is the total charge to the Customer shall consist of the cost of materials supplied by the Company (not exceeding the trade purchase price of materials + 20%) & the amount of time spent by the engineer in carrying out works (including all reasonable time spent in obtaining un-stocked materials) charged in accordance with the Company’s current hourly rates. The Customer shall only be charged for the time spent related to the Customer’s work
  • The Engineer shall mean the representative appointed by the Company
  • “BHS” means Barima Homecare Services Ltd

General

1. By using our services, you are agreeing to these terms
2. These Terms and Conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by an authorised representative
3. These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by BHS to the Customer and shall prevail over any other documentation or communication from the Customer
4. Any variation to these Terms and Conditions shall be inapplicable, unless previously agreed in writing by BHS
5. The Customer must notify BHS of any variation to the Proposal and BHS (if it agrees the variation) reserves the right to adjust the price accordingly
6. Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which BHS may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation
7. The Company’s website is only intended for use by Customers registered in or resident in the United Kingdom (Territory). The Company does not accept Services from outside of the Territory
8. Barima Homecare Services is a company incorporated in England with registered number: 12015848
9. Our registered offices and main trading address is: 52 Gonville Road, Thornton Heath, England, CR7 6DB

Pricing, Invoicing and Payment

1. Our charges are calculated on either:

• • A time and materials basic at the agreed labour rate, or
  • Fixed Rate work (Quotation)
  • Hourly Rate Work starts from the time our engineer enters your property, if after the engineer has diagnosed the faults/assessed the work, they feel they can give you a fixed price work quotation then they may do this, if you accept his quotation, they will ask you to sign a Proposal acknowledging the quotation, the works will proceed, and the quoted price will be payable on completion.

2. The price for the Goods and Services is as specified in the Proposal and is exclusive of VAT and any applicable charges outlined in the Proposal

1. Upon your agreement for us to carry out estimated or pre – booked work, a deposit payment will be invoiced and payable immediately. We reserve the right to request full payment in advance at our discretion
2. Upon completion of the proposal, you will be invoiced, for which payment is due on receipt
3. If the Customer fails to make any payment on the day of it becoming due, BHS will exercise their statutory right to interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998. A late charge of 8% per month will apply after 1 day until the outstanding invoice is received by us in full.  In the unfortunate circumstance we are not able to recover the invoice amount in full, your account will be assigned to a debt collection agency.  Late payment fees of the agency will also be charged onto your account  immediately
4. You accept sole liability to make payment in full, unless you disclose when initially instructing us, to carry out work and/or supply materials that you are acting on behalf of a third party. You must ensure all relevant parties have confirmed such arrangement in writing before works are carried out
5. Goods supplied by us will be charged at the trade price, plus a 20% handling charge (at BHS’s discretion) and all prices exclude VAT.

Fixed Rate Work

1. 1. The total charge to you will be given as a firm cost (manifest errors exempted), inclusive of labour & materials.  Where a written estimate has been supplied to you, the total charge outlined in the estimate should not exceed the actual time taken by more than 20%, but may be revised in the following circumstances:

1. 1. • If, after submission of the estimate, you instruct us (in writing or verbally) to carry out additional work not referred to in the estimate
      • If, after submission of the estimate, there is an increase in the price of materials
      • If, after submission of the estimate, it is discovered that further work needs to be carried out which was not anticipated when the estimate was prepared
      • If, after submission of the estimate, it is discovered that there was a manifest error when the estimate was prepared.

1. 1. The requirement of a detailed Insurance Report (in addition to the estimate and invoice) will incur a nominal charge of £55.00
   2.  PLEASE NOTE: We will not be under any obligation to provide an estimate/quote to you and will only be bound by estimate’s/quote’s given in writing and authorised by our representative. We will not be bound by any estimates given orally or in which manifest errors occur.
   3. Other sundries will be added to your invoice as appropriate, such as Ulez, congestion charge, waste disposal etc unless these costs are included in your quote.

Hourly Rate Work

1. 1.  Labour (Amount of time spent by our engineer/engineers who will represent us carrying out work) including all reasonable time spent in obtaining non-stocked materials, charged in accordance with our current hourly rates
   2.  Materials supplied by us (not exceeding the trade purchase price of materials +20% mark-up).  You will only be charged for the time spent related to your work. All other time, i.e., lunch breaks, are non-chargeable.
   3.  Invoices relating to Hourly rate work are payable immediately at the end of each job by debit card or receipt of invoice, as per the booking details provided.  We do not accept cheques. The total charge to you will be the time spent by our representative on the job which is charged for full and part completed hours with a minimum charge of 1 hour. It will include all reasonable time spent in obtaining materials
   4.  Collecting material for a Hourly Rate Work job: We generally carry everyday stock items. However, if a job requires us to pick up extra material, we may charge you for the travel time it takes to get the part. We will however keep you informed on how long on expected travel times
2. Any quotation given by us to you before we start work, will be given in good faith in the light of our assessment of the work to be carried out and taking into account all of the information then available to us. Unless a fixed rate price (quotation) is agreed, our actual charges will be calculated upon the time spent, at the agreed labour rates and the charges for materials agreed between us at the time you booked the works
3. Parking

1. • BHS will make every effort to park legally, however in some circumstances this may not be viable. As a result a charge may be made to cover any costs incurred such as parking fines etc.
   • Where BHS have paid to park, this cost will be added onto your invoice

Our Obligations

1. 1. For your peace of mind, we provide guarantee on labour carried out by a BHS engineer, in respect of faulty workmanship only (seek your quote/invoice for the length of guarantee as the length of cover depends on type of works carried out). This is active from the date of completion of work, in addition to any manufacturer’s warranties
   2. BHS are committed to providing professional, top quality service to each one of their Customers. If, after we have carried out the work, you are not wholly satisfied with the labour service(s) you must provide us with written notice within 6 months. You must then allow us reasonable time and for the opportunity to both inspect and carry out remedial work where appropriate. If you fail to notify us, as outlined above, then we will not be liable in respect of any defects in the work carried out
   3. If during the course of the Proposal any further work becomes necessary, because for example, matters come to light, which could not have been foreseen during our initial assessment, which will cause an increase in cost, we will let you know what these extra costs will be and will only carry out additional works once we have your acceptance in writing (email format)
   4. If the costs increase significantly, you will have the right to cancel the contract. You will however be charged for any work already carried out, and parts or materials used up until the time you cancel
   5. BHS will carry out the work in accordance with our quotation with reasonable care and skill using sound materials
   6. BHS will ensure that all members of our team are competent, properly trained and courteous
   7. BHS will do everything within our power to keep to the timeslot agreed when the booking was made. However, we will not be liable for any delay, or for the consequences of any delay, in performing any of our obligations if such delay is due to any cause beyond our reasonable control, and we will be entitled to a reasonable extension of the time for performing such obligations. We will always try to keep you informed of the situation and we will complete the work as soon as possible
   8. In addition to your statutory rights, BHS will, IF possible, pass on to you the benefits of any guarantees provided by a manufacturer or supplier of any parts or materials used in the course of our work
   9. If BHS agree to make good any damage caused in the course of our work to plaster, floors or brickwork etc we will do so to a standard that will accept re-decoration. Where damage is deemed to be caused by negligence of the company’s engineer, we will make good, or offer compensation, or pass details to our insurers. Cuts or holes made to allow for equipment will, where possible be made good. Floorboards removed will be re-fitted where possible
   10. BHS will take away whenever possible, all materials removed during the course of our work and all rubble and rubbish unless you wish us to leave any of it. These costs however will form part of your quote/invoice

Your Responsibility

1. Ahead of engineer arrival to carry out your works, we ask that you put away/adequately cover any furniture, furnishings, fixture’s and fitting’s that you feel could possibly be accidentally damaged in the process.  You agree to indemnify us against any accidental damages to your items whilst works are being carried out in your premises
2. You will obtain all permissions and consents (for example from your landlord or the local authority) that are required before the required work’s can be carried out. You will indemnify us against any fines that may be imposed.
3. You will provide, at no cost to us, an electricity supply of 220/240 volts with a three-pin point within 10 meters of the place where our work is being carried out.

Offers & Incentives

1. On an ongoing basis, at our discretion, we promote a selection of offers and incentives
2. Offers and incentives should be clearly defined including any specific terms & conditions
3. Offers and incentives may only be used in conjunction with each other at our discretion.

Material Collection

1. Collection of non-stock items is chargeable, however:

1. • Time taken will be kept to a minimum and within reason
   • In the unforeseen circumstances that the collection would not be possible for the same day, you will be advised of the same

Goods

1. The date of delivery of any goods specified by BHS in a Proposal is an estimate only. Time for delivery shall not be of the essence of the contract and BHS shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly, by any delay in the delivery of the Goods by a third party
2. All risk in the Goods shall pass to the Customer upon delivery
3. Where the Goods are faulty or do not comply with any of the contract, the Customer must notify BHS within the specified warranty time frame, for replacement’s to be installed prior to delivery and the Customer shall be entitled to replacement Goods
4. The Customer shall make all arrangements to take delivery of Goods whenever they are requested to do so
5. Title in the Goods and materials shall not pass to the Customer until BHS has been paid in full in accordance with these Terms and Conditions
6. 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 continue to have title over them) we have the absolute authority to:

1. • Retake, sell or otherwise deal with or dispose of all or any part of these goods if the need arises
   • Seek a court injunction to prevent you from selling, transferring or otherwise disposing of such goods
   • The risk in such goods will pass to you on delivery to you. You must insure them at replacement value, and if asked you must produce evidence that they are properly insured.

1. Goods supplied by BHS are guaranteed for the period and on the terms as specified by the manufacturer’s warranty applicable to the Goods
2. Should payment not be made in accordance with these Terms and Conditions , BHS reserves the right (and shall be allowed access by the Customer) to remove any Goods or materials supplied or fitted by BHS
3. The cost of any damage caused by such removal will not be incurred by BHS.

Liabilities

1. BHS cannot guarantee our work, parts and equipment supplied to you if:

1. • They suffer misuse, treated negligently or if our work is repaired, modified, or tampered with by anyone other than us. We carry out works for you using your materials. BHS cannot give or sustain guarantees under any circumstances on goods supplied and/or paid for by the customer. You order us to carry out work against the advice of our representative. This advice will be given to you either orally, or in writing. We indicate that further works need to be carried out. Existing installations are either inferior or over 10 years old nor can we guarantee the effectiveness or otherwise of our work in these case
   • If remedial work is found to be required, BHS cannot be held responsible for problems arising from work carried out if the customer does not accept our advice or recommendations on our estimate or quote either verbally or in writing.

1. BHS cannot be made responsible for any defects in design or installation on works arising from circumstances or factors known to the customer but not notified or disclosed to BHS prior to the work having been undertake
2. BHS cannot be held responsible for any 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 BHS)
3. BHS cannot be made responsible for any works where BHS advises that the overall condition of the area/site is poor and in need of more extensive work and the work to be undertaken involves less than 20% of the area
4. BHS is not responsible for warranties or guarantees on any items purchased and or supplied by the customer where BHS has a fit only agreement. BHS will charge for replacement of any defective item
5. BHS cannot guarantee work which in our opinion is of a temporary nature, the engineer will advise you of such prior to the work being carried out, and we will also mark it on the invoice
6. BHS cannot guarantee any work or materials where the payment of that invoice has not been paid for in full
7. Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations
8. BHS will only be liable for rectifying our own guaranteed work and will not be held responsible for any ensuing damage or claims resulting from other work overlooked or subsequently requested and not undertaken at the time
9. BHS will not be held liable or responsible for any damage or defect resulting from work not fully guaranteed, or where recommended work has not been carried out.  Work will not carry a guarantee where you have been notified by our engineer either verbally or indicated in ticked boxes or in our comments/recommendations
10. You will be solely liable for any hazardous situation in respect of the Gas Safe Regulations, or any Gas Warning Notice issued by the engineer/engineers who will represent us. Our engineer/engineers operate under their own individual Gas Safe Registration and, as such, are solely responsible for any gas related work and subsequent liability.

Cancellations

1. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you may have the right to cancel during a period of 14 working days from the date you have given written approval for the work to begin. During that period if you choose to cancel the contract any money paid by you will be refunded
2. If you have already given written approval for the work to begin before the end of the cancellation period, you may be required to pay for goods and services already provided including parts that have been ordered on your behalf and we are unable to return
3. Notice of cancellation is emailed to info@barimahomecare.co.uk either before any delivery is made, or within 14 days of the order being placed
4. Any email sent intended to serve as your statement of cancellation should be clear and unambiguous. You may use the following style of wording although this is not obligatory “I/we hereby give notice of cancellation for my quote [insert quote number] for the supply of [item you wish to cancel] to [property address]. Signed [insert your name].”
5. The notice of cancellation is deemed to be served as soon as it is posted or in the case of an electronic communication from the day it is sent
6. If the equipment has already been delivered, then the customer will be liable for the re-stocking fee. For the avoidance of doubt, due to the nature of the equipment, only the Company’s appointed agents may transport equipment to be refunded. The customer is responsible for keeping any goods to be refunded un-touched, secure and provide access for collection when required
7. Cancellation of Hourly Rate Work
   • If you book an engineer for an emergency, we require a debit or credit card number/bank transfer for a deposit agreed, when the job is booked. If you cancel this job in less than 10 minutes of booking you will not have to pay/be eligible for a refund, but if you cancel after 10 minutes of booking then you will be charged for one hour’s labour.

Missed Appointments

If an engineer attends your premises and cannot gain access within the agreed time slot, a fee will be charged and invoiced accordingly, equivalent to the hourly rate (but limited to 1 hour) – to compensate the engineer who had attended to carry out your works in good faith. In addition, other sundries would be charged onto you and become payable, such as parking costs, ulez where applicable.  2% interest on top of your total amount will be added, from the 31st day your invoice remains outstanding to the date of payment received in full and the debt collector’s handling fee for chasing the debtor for the full amount, would be charged.

Customer Care

1. BHS try hard to always get it right, buy human error and sometimes mistakes do occur. If you think that something has gone wrong, please contact the Office Manager (who can be contacted by email info@barimahomecare.co.uk at or alternatively you call us on 020 3003 5155)
2. There are some things you can do to help ensure that everything goes smoothly:

• • Let us have as much information as possible about the work you want carried out
  • If we are being asked to repair an installation that has broken down, please let us have as much information as possible about the circumstances of the breakdown
  • Some faults can be found easily, others may be difficult to locate or only occur intermittently. In some cases, we may have to carry out a considerable amount of
    preliminary work before a fault is found
  • In most cases we must acknowledge that we are simply human and have to work hard to get the right result
  • When faced with a choice between an expensive repair or replacement and a cheaper repair, please bear in mind that the expensive solution may be better value for money in the long run
  • Take an interest in the work when it is carried out, if you are not happy with something, please say so immediately so that it can be sorted out before the work continues
  • Take note of any advice that is given to you and retain any guarantees, or other documents that the engineer may have handed to you.

Complaints 

1. In the event that you have any complaints in relation to Goods and Services purchased from us, then both parties shall use reasonable endeavours to resolve the dispute in good faith. All complaints must be sent to the Company Director in writing either by post or email (who can be contacted by email info@barimahomecare.co.uk. You can enquire by calling the office if required on 020 3003 5155)
2. All complaints will be responded to within 10 working days (Monday-Friday 09:00-17:00)
3. Should any complaints not be resolved to your reasonable satisfaction, you have the option, as per the Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015 (“ADR Regulations”) to use Alternative Dispute Resolution (“ADR”) to resolve your dispute with us. ADR will allow both parties to use an independent third party to review any disputes impartially and act as an intermediary with the view to settling any disputes between us
4. Please note BHS ask for your feedback for every single job we carry out. This request is made by email which is sent along with the job update and invoice to the email address given to us at the time of booking. If we do not receive any complaint, we assume you are happy with our work.

Additional Things to Note

1. BHS do not undertake structural or any other type of building survey. If therefore the work cannot be completed or damage is caused through structural or other defects in your property, we cannot be held responsible for this
2. Where BHS agree to carry out work to part of a system, we assume that the rest of the system is in good condition. We cannot be held responsible for any damage caused or extra work required if this is not so
3. With most types of work, it is usually the case that some damage will be caused to decorative finishes such as paintwork and wallpaper. We will take all reasonable steps to avoid this, but cannot be held responsible for any damage, which occurs even though we have taken those steps
4. Our work will not include the fixing of specialist flooring or the putting back of furniture, furnishings, fixtures or fittings unless we agree to do this as part of the work
5. Some customers do not accept the advice that we give and ask us to carry out work, which in our view is not the best way of proceeding. If you ask us to proceed in such a way and we agree to do so, our liability (if any), arising from such work shall take into account the reservations expressed by us, the advice that we gave, the price paid by you for the work that we actually carried out and the price that you would have paid for the work that we would have carried out, had our advice been accepted
6. If BHS removes parts or materials that may be subject to claims by us against manufacturers or suppliers, we may not be able to leave them with you.

Changes to these Terms and Conditions

1. BHS may change these Terms and Conditions from time to time. You should check these Terms and Conditions occasionally to ensure that you are aware of the most recent version that will apply each time you access the website
2. Where BHS have made any changes to these Terms and Conditions which affects the manner in which we provide our services, we will not contact you to inform you of this change. So, ensure you check these Terms & Conditions occasionally, to ensure that you are aware of the most recent version that will apply each time you access the website.

These Terms and Conditions were last updated on 02 July 2021.