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Terms & Conditions

1. These Terms

1.1 What these Terms cover. These terms form part of the contract under which we will have arranged the supply of services to you by independent, self-employed professional workmen (“engineers”) arranged by us on your behalf, and on whose behalf we are acting as those engineers’ agent (only) in forming the contract with you. It is a fundamental term of the contract with you that you acknowledge and accept that the engineers are the principals under any contract which we may form with you – as those engineers’ agent.

1.2 Why you should read them. Please read these terms carefully before you submit your request to us. These terms tell you who we are, how we will provide services to you, how you (and we) may change and/or end the contract between us, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms (or that they require any changes), please contact us by email (at: info@inajam.co.uk) so as to advise us of the issue you perceive.

1.3 Are you a consumer (or a business customer)? With regard to some aspects of the services that we arrange the supply of, you will have different rights under these terms depending on whether you are (i) a consumer (or (ii) a business). You are a consumer if: (a) You are an individual; and (b) You are buying services from the engineers – wholly or mainly for your personal use (i.e. not for use in connection with any trade, business, craft or profession that you carry on).

1.4 If you are a business customer, these terms constitute the entire agreement between us in relation to your purchase of the services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by, or on behalf of us (on behalf of the engineers) which is not set out in these terms, and that you shall have no claim for innocent or negligent misrepresentation, or negligent misstatement based on any statement made by us in the contract with you.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are ‘In a Jam’ a company limited by shares registered in England and Wales. Our company registration number is 14455058, and our registered office is at 32 Lower Road Havant Portsmouth Hampshire PO9 3LJ. Our registered VAT number is as detailed upon all of our invoices.

2.2 How to contact us. You can contact us via the details (from time to time) available upon the web-page: www.inajam.co.uk - such details including, contact by email sent to: info@inajam.co.uk

2.3 How we may contact you. If we have to contact you, we will principally seek to do so by writing to you at the email address – which you provided to us in your order.

2.4 “Writing” includes emails. When we use the words “writing” (or “written”) in these terms, this phrase includes emails (where such emails can be clearly evidenced as having been received by the relevant recipient).

3. THE CONTRACT WITH YOU

3.1 How we will accept your work order. Our acceptance of your order will take place when we contact you via the app for you to accept it, at which point a contract will come into existence between you and the relevant engineers (via us – acting as agent on their behalf).

3.2 If we are unable to accept your work order. We will aim to inform you of this promptly, and there will not be a charge to you for any relevant services ordered. This situation might arise (for example) because any services ordered are not currently able to be provided (or available), (say) because of unexpected limits on the engineers (or our) resources (and/or because goods cannot be sourced / are out of stock) and which situation we could not reasonably plan for; because we are unable to perform the services within a reasonable timescale for any other reason.

3.3 Your work order number / reference. We will seek to assign an invoice reference to your work order, and aim to advise you what it is (in as early a course as possible). It will likely help us, if you can tell us any such invoice reference.

3.4 We primarily sell to the UK. Our app is intended solely for the promotion of the supply of services in the UK. Accordingly, we reserve our discretion not to accept orders from and/or arrange to provide services in relation to addresses outside the UK.

4. SERVICES

4.1 Any images of services on our app are for illustrative purposes only. Although we have made every effort to display their appearance accurately, we cannot guarantee that an electronic device’s display of their appearance accurately reflects the appearance of any services that we supply. The services (and/or goods) you receive may vary slightly in appearance from those images.

4.2 Goods packaging may vary. Any packaging of any goods to be supplied to you – may vary from that shown in images upon our website(s).

4.3 Making sure your requirements are accurate. If we arrange for the provision of any services (and/or the producing of any goods) to your specific requirements (i.e. which you have provided to us / informed us about), you are responsible for ensuring that such requirements are correct and appropriate.

5. YOUR RIGHTS TO MAKE CHANGES

5.1 If you wish to make a change to any services you have ordered please contact us. We will aim to promptly let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the services , the timing of supply, or anything else which would be appropriate for you to know as a result of your requested change, and we will aim to promptly ask you to confirm whether (or not) you wish to go ahead with the requested change.

6. OUR RIGHTS TO MAKE CHANGES

6.1 Minor changes to the services. We may make minor changes to any services ordered:
(a) to reflect changes in relevant laws and regulatory requirements (from time-to-time); and
(b) to implement technical adjustments and improvements; for example – to address a health and/or safety concern. These changes should not affect your use of the item or property subject to the services.

6.2 More significant changes to the services and/or the provisions of these terms. In addition, the engineers (or we) may need to make more significant changes to the services to be supplied (based upon specific circumstances arising in your particular case) and/or to the provisions of these terms, but if they (or we) do so, they (or we) will aim to promptly notify you, and you may then contact us to end the contract before the significant changes are to take effect. You will be liable for all services (and/or goods) received up to the point that such changes are notified to you.

7. PROVIDING THE SERVICES (AND/OR GOODS)

7.1 Costs. The costs of provision of our services will be sought to be specifically brought to your attention in the early course of dealing with the engineers (or us) and/or will be specifically set out in on our confirmation email – sent as part of the contract formation process.

7.2 When the services will be provided. (a) If we are arranging the provision of one-off services (only). We will arrange for the services to commence upon the date and time agreed with you during the order process. The estimated completion date and time for the services is as you will have been informed during the order process and as updated by the engineer (and/or us).

7.3 We are not responsible for commencement delays outside the engineers (or our) control. If the commencement of our arranged supply of services is delayed by an event outside the engineers control, then the engineers will aim to discuss matters (and/or communicate with you) as soon as possible so as to let you know, and we will aim to take steps to minimise the effect of the delay. Provided the engineers do this, neither the engineers (nor we) will be liable for delays caused by the relevant event, but if there is a risk of substantial delay, you may contact us to end the contract, and you will be liable to pay for any services that you have not received.

7.4 If you are not at home when the engineer/Operative arrives. If no one is available at your address to allow access for services to be provided, and access cannot be otherwise gained to provide services, we will aim to ensure that you are left a note/card informing you of how to re-arrange attendance

7.5 If you do not allow the engineers access to provide services. If you do not allow the engineers any required access to perform the services (as arranged), and you do not have a good reason for this, we may charge you such additional costs as are incurred by the engineers as a result. If, despite our reasonable efforts, we are unable to contact you, or re-arrange access to your property, we may end the contract (and paragraph 10.2 will then apply).

7.6 What will happen if you do not give required information to us (or the engineers). We (or the engineers) may need certain information from you, so that we can arrange the supply of services to you. If so, we will aim to state this position in the description of the services in our email/app. We may contact you to ask for this information if it is not available to us. If you do not give the engineers (or us) this information (within a reasonable time of the engineers (or us) asking for it), or if you give us incomplete or incorrect information, we (or the engineers) may either end the contract (and paragraph 10.2 will then apply), or make an additional charge of a reasonable sum to compensate our engineers (or us) for any extra work that is required as a result. We will not be responsible for any late supply of services, or not arranging the supplying of any part of them, if this is caused by you not giving us the information that the engineers (or we) need (within a reasonable time of the engineers (or us) asking for it).

7.9 Reasons the engineers (or we) may suspend the supply of services to you. We may have to suspend the engineers’ supply of services to you, so as to: (a) deal with technical problems, or make appropriate technical changes; (b) update the services to reflect changes in relevant laws and regulatory requirements; and/or

7.9 Reasons the engineers (or we) may suspend the supply of services to you. We may have to suspend the engineers’ supply of services to you, so as to: (a) deal with technical problems, or make appropriate technical changes; (b) update the services to reflect changes in relevant laws and regulatory requirements; and/or (c) make changes to the services, either as requested by you of the engineers (or us), or as notified by the engineers (or us) to you (see paragraph 6).

7.10 Your rights if the engineers (or we) suspend the supply of services . We will aim to contact you in advance to tell you that the engineers (or we) will be suspending the supply of services, unless the problem is urgent (or an emergency). If the engineers (or we) have to suspend the supply of services (for longer than an immaterial period of time) the engineers (or we) will likely need to adjust the price, so that you do not pay for services while they are suspended. You may contact us to end the contract if the engineers (or we) suspend it, or the engineers (or we) tell you we are going to suspend it, in each case for any period time (which is more than immaterial), and we will then arrange the refunding of any sums that you have paid in advance for services (and/or goods) in respect of such period after you end the contract.

7.11 The engineers (or we) may also suspend supply of services if you do not pay. If you do not pay us for the supply of services when you are supposed to (see paragraph 14.4), and you still do not make payment within a reasonable period of (the engineers or) us reminding you that payment is due, we may suspend supply of services until you have paid us the outstanding amounts. We will aim to promptly contact you to tell you that we are suspending supply of services in such circumstances. We will not suspend the supply of services where you genuinely dispute any relevant unpaid charges / invoice (see paragraph 14.7). We will not charge you for services during the period for which they are suspended. As well as suspending the supply of services , we can also charge you interest on your overdue payments (see paragraph 14.6).

8. YOUR RIGHTS TO END THE CONTRACT

8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have ordered / bought, whether there is anything wrong with it, how (we or) our engineers are performing, when you decide to end the contract, and whether you are a consumer or business customer: (a) If what you have bought is faulty or misdescribed – you may have a legal right to end the contract (or to get any service re-performed, or any goods repaired or replaced, or to get some or all of your money back) – see paragraph 12, if you are a consumer, and see paragraph 13, if you are a business; (b) If you want to end the contract because of something we (or the engineers) have done or have told you we (or the engineers) are going to do – See paragraph 8.2; (c) In all other cases (if we are not at fault, and you are not a consumer exercising your right to change your mind) – See paragraph 8.7.

8.2 Ending the contract because of something we (or the engineers) have done or are going to do. If you are ending a contract for a reason set out in sub-paragraphs (a) to (e) below, the contract will end immediately, and we will refund you in full for any services (and/or goods) which have not been provided (and you may also be entitled to compensation). The reasons are: (a) we (or the engineers) have told you about an upcoming change to the supply of services , or these terms, which you do not agree to (see paragraph 6.2); (b) we (or the engineers) have told you about an error in the price or description of the services that you have ordered, and (on that basis) you do not wish to proceed; (c) there is a risk that supply of the services may be significantly delayed because of events outside of our (or the engineers) control; (d) we (or the engineers) have suspended supply of the services for technical reasons, or we (or the engineers) notify you we are going to suspend it for technical reasons, in each case for any period which is more than immaterial; or (e) you have a legal right to end the contract because of something we (or the engineers) have done wrong.

8.3 Exercising your right to change your mind – if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer, then for most services (and/or goods) bought online, you have a legal right to change your mind within fourteen (14) days, and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 Our goodwill guarantee(s) for consumers. Please note, our trading practices may incorporate and reflect such ‘goodwill guarantee(s)’ as may be voluntarily offered by us (or the engineers) to our (or their) U.K. customers (from time to time), which may well be more generous than your legal rights under the Consumer Contracts Regulations. Any ‘goodwill guarantee(s)’ do NOT affect your legal rights in relation to faulty or misdescribed services (see paragraph 12.1).

8.5 When consumers do NOT have a right to change their minds. Your rights as a consumer to change your mind do not apply in respect of:
(a) any services in relation to which it has been legitimately expressly specified that the cancellation rights do not apply, or which for other reasons – it is reasonably inappropriate for cancellation rights to apply. In this regard it is expressly brought to your attention that we (and/or the engineers) predominantly provide an emergency/immediate supply of services where our quotation, your acceptance, and the services are intended to be completed upon first visit in a timely manner, unless – after the initial visit particular materials/parts/labour are required which will result in additional visit(s). By accepting the confirmation email you acknowledge and understand that the contract forms part of a situation where your right for a ‘cooling off’ fourteen (14) day cancellation period is unsuitable and is consequently waived by you;
(b) services, once these have been completed, even if the cancellation period is still running.

8.6 How long do consumers have to change their minds? If you are a consumer, how long you have to change your mind, depends on what you have ordered, and how it is delivered.
(a) Have you bought any services? If so, you have fourteen (14) days after the day we email you to confirm that we accept your order. However, once the services have been completed, you cannot change your mind, even if the period is still running. If you cancel after the commencement of the provision of the services, you must pay us for the services provided up until the time you tell us that you have changed your mind. You do (however) have the right to not proceed with the commencement any additional works identified in the initial visit that were not part of your original order.

8.7 Ending the contract where we (or the engineers) are not at fault and there is no right to change your mind. Even if we (or the engineers) are not at fault, and you are not a consumer who has a right to change their mind (see paragraph 8.1), you can still end the contract with made with us (on behalf of the engineers) before it is completed, but you may have to pay us compensation. A contract for the supply of services is completed when the services have finished being provided (and you have paid for them). A contract for the supply of any goods is completed when the product is delivered (and you have paid for them). If you want to end a contract before it is completed (where we are not at fault, and you are not a consumer who has changed their mind), please contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services which have not been provided, but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)

9.1 Tell us you want to end the contract. To end the contract with us, please let us know by taking one of the following actions: Email: Contact us via: info@inajam.co.uk Please provide your name, home address, details of the Invoice Number and, where available, your phone number and email address.

9.2 How we will refund you. If you are entitled to a refund under these terms, (we or) the engineers will arrange to refund you the price you paid for the services, by the method you used for payment. However, (we or) the engineers may make deductions from the price, as described below.

9.3 When the engineers (or we) may make a deduction from refunds – If you are a consumer validly exercising your right to change your mind): (a) Where we have arranged the provision of any services to you, (we or) the engineer may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract formed between you and the engineers

10. OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract if you break it. We may end the contract for provision of services (and/or any goods) at any time by writing to you, if:
(a) you do not make any payment to us or the engineers (when it is due), and you still do not make payment within a reasonable period of us or the engineers reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to arrange the provision of the services ;
(c) you do not, within a reasonable time, allow access to your premises so as to allow the supply of he services ; or
(d) you do not, within a reasonable time, allow delivery of the services to you.

10.2 You must compensate us if you break the contract. If (we or) the engineers end the contract in the situations set out in paragraph 10.1, (we or) the engineers will refund any money you have paid in advance for services that have not been provided to you, but (we or) the engineers may deduct or charge you reasonable compensation for the net costs (we or) the engineers have or will incur as a result of your breaking the contract.

10.3 We may withdraw the services. We may write to you to let you know that we are going to stop providing services . We will aim to let you know (at least) a reasonable period in advance of our stopping the supply of services , and we will refund any sums you have paid in advance for services which will not be provided.

11. IF THERE IS A PROBLEM WITH THE SERVICES

11.1 How to tell us about problems. If you have any questions or complaints about the services (and/or any goods), please contact us as soon as reasonably possible, as we wish to ensure that you are fully satisfied. You can email us at: info@inajam.co.uk Our responsibility to you (as a customer) is merely to ensure that the engineers we connect you with are fully qualified and insured (and we seek to ensure this by retaining relevant documentation and certification to validate competency and liability cover). We are not responsible for the any onsite communications, work undertaken, nor pricing. We only administrate the confirmation email and invoice (and in certain cases – accepting payments depending on the arrangements between with the relevant engineers). Should you wish to pursue compensation of any kind regarding the job carried out (i.e. damages not authorised or related to the job or gross misconduct) you must contact the engineers we connected you with who have ultimate responsibility / liability for work undertaken. If you have a legitimate reason to complain about a problem with services (and/or any goods), we as the agents of the relevant engineers can help to establish communications between you (as the customer) and the engineers we have connected you with, at which point the engineers will be your point of contact regarding all aspects of the work undertaken.

12. YOUR RIGHTS IN RESPECT OF DEFECTIVE SERVICES (IF YOU ARE A CONSUMER)

12.1 If you are a consumer, we are under a legal duty to arrange the supply of services (and/or any goods) that are in conformity with the contract with you. See the text below for a summary of your key legal rights in relation to services (and/or any goods). Nothing in these terms will affect your legal rights.
Summary of your key legal rights. This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information, please visit the Citizens Advice website: www.adviceguide.org.uk If your contract relates to the supply of services, for example: emergency or other repair or support contracts in relation to equipment, the Consumer Rights Act 2015 says:

  • you can ask us to arrange the repeat or fix of services if they’re not carried out with reasonable care and skill, or get some money back if we can’t arrange to fix them.
  • if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
  • if you haven’t agreed a time beforehand, they must be carried out within a reasonable time period.

If your contract relates to the supply of any goods, for example – physical / tangible products supplied as part of the services supplied, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods, your legal rights entitle you to the following:

  • up to thirty (30) days: if your goods are faulty, then you can get an immediate refund.
  • up to six (6) months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

See also paragraph 8.2 (‘Ending the contract because of something we have done or are going to do’). See also paragraph 8.3 (‘Exercising your right to change your mind (Consumer Contracts Regulations 2013)’).

12.2 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject any goods (where appropriate), you must return them in person to where you bought them (if relevant), or post them back to the engineers, or (if they are not suitable for posting – or as otherwise relevant) allow the engineers to collect them from you. (We or) the engineers will pay the costs of postage or collection. Please email us at: info@inajam.co.uk to arrange collection.

13. YOUR RIGHTS IN RESPECT OF DEFECTIVE SERVICES (IF YOU ARE A BUSINESS)

13.1 If you are a business customer, the engineers will warrant that upon supply, and for a period of twelve (12) months from the date of supply (“warranty period”), the services (and/or any goods) supplied shall:
(a) conform in all material respects with their description (and any relevant specification);
(b) be free from material defects in workmanship. design, and material;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by (us or) the engineers.

13.2 Subject to paragraph 13.3, if:
(a) you give (us or) the engineers notice in writing (within a reasonable time of discovery) that any services supplied do not comply with the warranty set out in paragraph 13.1;
(b) (we or) the engineers are given a reasonable opportunity of examining such services;
(c) you return any goods to the engineers at the engineers’ cost, the engineers shall, at their option, arrange to repair or replace the defective services, or to refund the price of the defective services (and/or any goods) (in full).

13.3 (We or) the engineers will not be liable for services failure to comply with the warranty in paragraph 13.1, if:
(a) you make any further use of such services after giving a notice in accordance with paragraph 13.2(a));
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the services (and/or any goods); or (if there are none) good trade practice;
(c) the defect arises as a result of (us or) the engineers following any drawing, design or specification supplied by you to (us or) the engineers;
(d) you alter or repair the results of the services (and/or any goods) without our prior written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

13.4 Except as provided in this paragraph 13, (neither we, nor) the engineers shall have any liability to you in respect of services (and/or any goods) failure to comply with the warranty set out in paragraph 13.1.

13.5 These terms shall apply to any repaired or replacement services supplied by (us or) the engineers under paragraph 13.2.

14. PRICE AND PAYMENT

14.1 Where to find the price for the services. The price of the services (and/or any goods) (including all relevant taxes and fees) will generally be the price indicated on the app when an order is placed. We take all reasonable care to ensure that the price of the services advised to you is correct.

14.2 We will pass on changes in the rate of any relevant taxes and fees. If the rate of any relevant taxes and fees changes between your order date and the date of supply of the services, we will adjust the rate of the relevant taxes and fees that you pay, unless you have already paid for the services (and/or any goods) in full (before the change in the rate of taxes and fees takes effect).

14.3 When you must pay and how you must pay. We accept payment with bank transfer and most credit and debit cards. When you must pay depends on what services you are buying: (a) For services:
All emergency jobs / urgent attendance
Payment is to be made immediately upon booking these services.
Any non-emergency jobs (e.g. installation)
We may ask you to make an advance payment of the price of the services, before the commencement of the provision of them.

14.4 Our right of set-off if you are a business customer. If you are a business customer, you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as is required by law).

14.5 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate and in a manner akin to that specified in the Late Payment of Commercial Debts (Interest) Act 1998 from time to time (and notwithstanding that such legislation may not otherwise apply to such debts). This interest shall accrue on a daily basis from the due date (until the date of actual payment of the overdue amount), whether before or after judgement. You must pay us interest together with any overdue amount.

14.6 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is appropriately resolved. Once the dispute is appropriately resolved, we will charge you interest on correctly invoiced sums from the original due date.

15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU (IF YOU ARE A CONSUMER) – N.B. IMPORTANT – BROUGHT SPECIFICALLY TO YOUR ATTENTION

15.1 The engineers are responsible to you for foreseeable loss and damage caused by them the engineers. If the engineers fail to comply with the contract (including these terms), the engineers are only responsible for loss or damage that you may suffer to the extent that it is a foreseeable result of the engineers breaking the contract, or the engineers failing to use reasonable skill and care, but (neither we, nor) the engineers are responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either (i) it is obvious that it will happen; or (ii) if, at the time the contract was made, both (we or) the engineers and you knew it might happen; for example, if you discussed it with the engineers during the contract formation process.

15.2 (We or) the engineers do not exclude or limit in any way (our or) their liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by (our or) their negligence, or the negligence of (our or) their employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the services supplied (as summarised at paragraph 12.1).

15.3 When the engineers are liable for damage to your property. To the extent that the engineers are providing any services in your property, then engineers will make good any damage to your property caused by the engineers while doing so – as long as the damages are not in relation to any of the work being undertaken, or required in making reasonably necessary access in order to undertake the relevant services. Additionally, (neither we, nor) the engineers are responsible for any cost of repairing any pre-existing faults, or damage to your property that (we or) the engineers discover while providing the services.

15.4 We are not liable for business losses. If you are a consumer, (we and/or) the engineers only supply the services to you for domestic and private use. If you use the services for any commercial, business, or re-sale purpose, our liability to you will be limited (as is set out in paragraph 16).

15.5 Fair share of liability. Any liability which (we and/or) the engineers may have to you will be limited to that share of the total losses (after taking into account any contributory negligence by you and others) which is considered to be fair and reasonable as against (our and/or) the engineers degree of responsibility for the losses in question.

16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU (IF YOU ARE A BUSINESS CUSTOMER) – N.B. IMPORTANT – BROUGHT TO YOUR ATTENTION

16.1. Nothing in these terms shall limit or exclude (our or) the engineers liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as may be applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (https://www.legislation.gov.uk/ukpga/1979/54), or section 2 of the Supply of Goods and Services Act 1982 (https://www.legislation.gov.uk/ukpga/1982/29);
(d) defective products under the Consumer Protection Act 1987 (https://www.legislation.gov.uk/ukpga/1987/43); or
(e) any other matter in respect of which it would be unlawful for us to exclude or restrict liability.

16.2 Except to the extent expressly stated in paragraph 13.1, all terms implied by sections

13 to 15 of the Sale of Goods Act 1979 (https://www.legislation.gov.uk/ukpga/1979/54), and sections 3 to 5 of the Supply of Goods and Services Act 1982 (https://www.legislation.gov.uk/ukpga/1982/29), are excluded.

16.3 Subject to paragraph 16.1: (a) (neither we, not) the engineers shall be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between you and us (acting as agent for the engineers); and

17. HOW WE MAY USE YOUR PERSONAL INFORMATION

We will not store your personal details.

18. OTHER IMPORTANT TERMS

18.1 (We or) the engineers may transfer the contracts with you to someone else. (We or) the engineers may transfer any rights and obligations under relevant contracts with you (including these terms) to another organisation.

18.2 You need (our and/or) the relevant engineers consent to transfer your rights to someone else (except that you can always transfer (our and/or) the engineers’ guarantee). You may only transfer your rights (or your obligations) under your contracts with us acting as agents for the engineers (including these terms) to another person, if we agree to this in writing. We may not agree (at our absolute discretion). However, if you are a consumer you may transfer our guarantee (at paragraph 8.4) to a person who has acquired any item or property in respect of which services have been provided (or any goods supplied as part of those services). We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property (or goods).

18.3 Nobody else has any rights under relevant contracts (except someone you pass your guarantee on to). Any contract is between you and us as agent of the relevant engineers. No other person shall have any rights to enforce any of its terms, except as explained in paragraph 18.2 in respect of (our or) the engineers’ guarantee. Neither of us will need to get the agreement of any other person in order to end our contract or make any changes to these terms.

18.4 If a court finds part of any relevant contracts illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them or any other part of our contracts are unlawful, the remaining paragraphs will remain in full force and effect.

18.5 Even if (we and/or) the engineers delay in enforcing relevant contracts, (we and/or) the engineers can still enforce it later. If (we and/or) the engineers do not insist immediately that you do anything you are required to do under these terms or any other part of our contracts, or if (we and/or) the engineers delay in taking steps against you in respect of your breaking relevant contracts, that will not mean that you do not have to do those things, and it will not prevent (us and/or) the engineers taking steps against you at a later date. For example, if you miss a payment and (we and/or) the engineers do not discuss this with you, but we continue to provide services (and/or any goods)), (we and/or) the engineers can still require you to make the payment at a later date.

18.6 Which laws apply to our contracts, and where you may bring legal proceedings (if you are a consumer). These terms are governed by English law and you can bring legal proceedings in respect of the services (and / or any goods) supplied in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the services (and/or any goods) supplied in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the goods (and /or any services) supplied in either the Northern Irish or the English courts.

18.7 Which laws apply to our contracts, and where you may bring legal proceedings (if you are a business customer). If you are a business customer, any dispute or claim arising out of or in connection with any contract between us, or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.