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yasmeen property services

Terms & Conditions

TERMS & CONDITIONS 

LAST UPDATED SEPTEMBER 1, 2021  

I. Definitions

 

  • For the purpose of these Terms & Conditions, the following words shall have the following meaning:

    • “Agreement” shall mean these Terms and Conditions

    • “Us”, “we” or “our” shall mean Yasmeen Property Services Limited (Company Number: 12525446). 

    • “YPS” shall mean Yasmeen Property Services Limited.

    • “You”, “customer” or “client” shall mean the person or organization for whom YPS agrees to carry out works and or supply materials for

    •  “Representative”, “engineer”, “operative”, or “manager” shall mean the person appointed by YPS to carry out your work.

    • “Website” shall mean www.ypslondon.com 

    • “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

 

II. General

 

  • These Terms and Conditions shall apply to all contracts for the supply of goods and services by YPS to the Customer.

  • No term of this agreement or course of dealings between the parties shall operate to make YPS an employee or agent of the Client nor establish any partnership or joint venture between any of the parties.

  • YPS reserves the right to refuse or decline to undertake any kind of work at its own discretion. 

  • YPS can amend these Terms & Conditions at any time. An updated Terms & Conditions will be indicated by a Revised title along with the revised date. It is your responsibility to check these Terms & Conditions for changes.  Your continued use of our website indicates your agreement to such changes.   

  • Clients visiting our website, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree to all notices, agreements, disclosures and other communications electronically and information exchanged on site, satisfy any legal requirement that such communication be in writing.

 

III. Payments

 

  • Payment must be made strictly within 7 days from the date of issue of the invoice. Late payments may result in an interest charge on the overdue amount at the rate of 5% a year above the base lending rate of National Westminster Bank plc from time to time. 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 judgment. You must pay us interest together with any overdue amount. 

  • Any disputes with the invoice must be raised in writing within 2 days of the issue of the invoice. Failure to do so will result in the full invoice amount being made payable.

  • YPS is a V.A.T registered company (34563070), and therefore all invoices where applicable will be subject to V.A.T at the rate in force from time to time. Cash payments will also be subject to V.A.T along with all other types of payments. Only certain projects are V.A.T exempt (a new build, for example) and a certificate must be provided to prove so in order for us to not charge V.A.T.

 

IV. Guarantees

 

  • YPS offers a labor guarantee in respect to faulty or defective craftsmanship, which is valid for one year from the completion date of the project.

  • You must give us notice in writing during the guarantee period within a reasonable time of discovery that a product does not comply with the guarantee set out above and allow us and/or our insurers a reasonable opportunity of examining and inspecting such product.

  • Our guarantee will be null and void or will not apply (as the case may be) if the fault or defect in the work/product completed or supplied is as a result of:

    • You making any further use of such product after giving us notice in accordance with the clause above;

    • You failing to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;

    • Fair wear and tear, willful damage, misuse, negligence or abnormal working conditions;

    • You or any third party (other than us) repairing, modifying or tampering with the product;

    • Us following any drawing, design or specification or using any materials supplied by the Customer;

    • We do not provide guarantees to any drainage work carried out.

V. Method of Work

 

  • If you do not allow us access to your property to perform the services or provide the products as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us 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.

  • Where present, it will be assumed that the supply of, water, electricity and toilet facilities will be made available for the use of all workmen on site. If not, an additional charge may be made to provide these services to comply with health & safety.

  • The Customer shall supply parking permits for the whole duration of works. In the absence of such parking permits, an additional charge will be made. 

 

VI. Quote and Products

 

  • All quotations provided are valid for 2 weeks from date of issue unless otherwise specified on the document. 

  • We try our best to make sure that what we quote is what you pay.

  • Additional work arising due to hidden or unforeseen circumstances can be carried out by notifying the client with a quote for the extra work in order to proceed with the project. The initial time scale of the project will be extended as appropriate after the additional quote has been accepted by the client.

  • The images of any products on our website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device's display of the colors accurately reflects the color of the products. Your product may vary slightly from those images.

  • If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.

  • We may change the products supplied:

  • to reflect changes in relevant laws and regulatory requirements; and

  • to implement minor technical adjustments and improvements.

 

VII. Title to Goods

 

  • The title to any goods supplied by us to you shall only pass to you when payment in full for such goods has been made.

  • Until the transfer of the title to goods from YPS to the customer:

    • YPS shall have the absolute authority to reposes, sell, dispose or deal with the goods in any such way they prefer.

    • YPS shall have the right to enter any premises in which the goods or any part thereof is installed, stored, kept, or is reasonably believed to be so without a notice and at any time.

    • YPS shall have the right to seek a court injunction to prevent you from selling, transferring or disposing of such goods.

 

VIII. Cancellations by Client

 

  • If you are a consumer, in accordance with the Consumer Contracts Regulations 2013, you may cancel this contract within 14 calendar days of signing the contract (or within whatever extended period YPS may specify in the contract) and you shall be entitled to a full refund of any monies paid to YPS, less an amount representing any reasonable administration costs which YPS has incurred if the job has not yet started. Any cancellation outside this period will not entitle you to a refund of any monies paid.

  • In respect of any cancellation within the 14 days, but where YPS has incurred costs by buying materials, a fee of 25% of the material cost will be payable for returning the materials and where YPS has started work on the project, you will be liable for the full payment of the work started by YPS.

  • The above applies to you if you are a business customer.

 

IX. Cancellations by YPS

 

  • YPS has the authority to end any contract at any time by writing to you, without any sanctions or penalty being imposed, if:

  • You do not make any payment to us when it is due;

  • You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;

  • You do not, within a reasonable time, allow us to deliver the products to you; or

  • You do not, within a reasonable time, allow us access to your premises to supply the services.

  • If we end the contract in the situations set out above, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

  • Where YPS withdraws from the contract and the Client is not at fault, then YPS will repay the client any payment or deposits made by them.

X. Timescale

 

  • YPS will provide its services to the Client as set out in the quotation. 

  • Our estimated time-frames and delivery dates are given as a guideline only and YPS makes no guarantee that the services performed will be within the period stated. Time-frames and delivery dates may be varied depending on external and unforeseen circumstances and events outside our control. 

  • YPS will aim to provide the services within the time-frame stated in the quotation. However, YPS shall not be liable for any inconvenience, damage, or loss suffered by the Client as a result of the delays of our services due to events outside its control. 

                                                                       

XI. Public & Employers Liability Insurance      

 

  • YPS will ensure that it holds valid public liability insurance and employer’s liability insurance policies with amounts of cover that are adequate for providing its services. 

     

XII. Price Guarantee

 

  • Our Price Match Guarantee - YPS will match the price for any building and construction quotation provided all of the following criteria are met:    

    • A written copy (letter, fax or email) of the full quotation we are asked to match shall be made available to YPS. It should have been obtained no more than two weeks before the date you present it to us, from a bona fide company that has been registered with Companies House for at least three years and which has effective Public Liability insurance, Employees Liability Insurance, and Product Liability insurance. It must also provide a warranty pack for at least one year after completion of the work.

    • We do not price match our competitors’ special offers, promotions, or discounts.

    • The quotation must be for a similar job – (that is, the specification, quality and quantity of materials, plus workmanship shall be similar to that offered by YPS.

    • Our ‘Price Promise’ is limited to matching quotes provided by companies offering building and construction work within the London area.

    • We abide by our ‘Price Promise’ in all possible circumstances but the final decision whether or not to offer it is at the discretion of YPS. Our ‘Price Promise’ may be subject to change without notice at any time.

    • This offer cannot be used in conjunction with any other YPS promotional offers.

  • ‘Price Promise’ is valid for the initial estimate of the projected work involved. If the scope of the project is varied and additional work is required that leads to an increase in the initial price quoted, the ‘Price Promise’ will not apply to the additional price in delivering the varied parts of the project.                

                       

XIII. Limitation of Liability

 

  • Nothing in these terms shall limit or exclude our liability for:

  • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

  • fraud or fraudulent misrepresentation;

  • breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

  • defective products under the Consumer Protection Act 1987; or

  • any matter in respect of which it would be unlawful for us to exclude or restrict liability.

  • Subject to the above paragraph:

  • We shall not 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 us; and

  • Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £5,000,000.

  • All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

 

XIV. Indemnity

 

  • The Customer shall indemnify YPS against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by YPS arising out of or in connection with the Customer's breach or negligent performance or non-performance of the contract.

 

XV. Force Majeure

 

  • YPS shall not be held liable for any delays or failure in the performance of its obligations due to results from circumstances beyond its control, including but not limited to: Acts of God, shortage of raw materials or supplies, fire, national emergency, riot, war, pandemics and government lockdowns (both on a national level and a local level).

 

XVI. Headings

 

  • All headings contained in these Terms and Conditions are for reference purposes only and do not form part of this agreement.

 

XVII. Complaints

 

  • Client complaints must be sent via email to ‘info@ypslondon.com’ and will be responded to within 2 working days. Please note that we will ask for your satisfaction and feedback after every job we complete. This request is sent via email along with the final invoice of the job. If we do not receive any information regarding a complaint, we assume that you are happy with our work.

 

XVIII. Photographs

 

  • YPS reserves the right to take photographs of the work carried out unless otherwise stated by the customer via electronic communications. 

 

XIX. Other Important Terms

 

  • These Terms & Conditions are to be read in conjunction with the contract between YPS and the client. 

  • All intellectual property rights in or arising out of or in connection with the goods and services (other than intellectual property rights in any materials provided by you) shall be owned by us.

  • We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

  • You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

  • Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

  • If a court finds part of this contract 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 are unlawful, the remaining paragraphs will remain in full force and effect.

  • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

 

XX. Law and Jurisdiction

 

  • These Terms and Conditions along with all contracts between YPS and the customer shall be governed by the laws of England and Wales.

  • All parties must agree to submit to the exclusive jurisdiction of the English Courts.    

 

XXI. Contact Us

 

  • For further questions regarding our business or our terms and conditions please send us an email at ‘info@ypslondon.com’ or call us at 02039836018.