Everlast Terms & Conditions
- 1. Everlast Home Improvements Limited (Everlast) agrees to furnish all labour, equipment, supplies and supervision necessary to provide the home improvements services to the customers location. Everlast will select all personnel to perform its obligations hereunder. The personnel shall be employees, or bona-fide sub-contractors of Everlast.
3. The Customer warrants, covenants and agrees that during the term of this Agreement and within 90 days of the completion date (for whatever reason), the Customer will not knowingly engage in business, employ or solicit the employment of any employees, sub-contractors or agents of Everlast.
4. The customer has the right to cancel this contract within the cancellation period (14 Days from the date of the agreement) The Customer must complete and detach the cancellation form on the bottom of the contract. The customer must complete the cancellation notice and return it to Everlast. The company will acknowledge receipt of the cancellation notice and provide confirmation that the sum owed (less any cost for goods and services provided). Any refunds that are due to be repaid will be paid in the same form as the deposit received and will be processed within 28 days from receipt of the Cancellation notice.
5. The customer may be required to pay for goods or services supplied if the performance of the contract has already begun before the end of the cancellation period.
6. This Agreement shall constitute the entire agreement between the parties and shall not be varied by either the company or the customer unless agreed by both the customer and an authorised signatory of Everlast Home Improvements Limited.
7. It is expressly agreed that Everlast is an independent contractor and is not, and will not be, an employee or agent of the Customer.
8. The Company reserves the right to make deliveries /and or services by instalments and to render a separate invoice in respect of each instalment. If the company exercises it’s right to make deliveries/ & or services in accordance with this paragraph, then any delay in the provision of such deliveries/ & or services, or failure to deliver any further instalment or instalments, shall not entitle the customer to reject the contract or the delivery/ service of any other instalment or to withhold payment in respect of any instalment previously delivered / serviced.
9. The Customer shall permit Everlast, its employees, and sub-contractors access to the property to allow Everlast to perform its obligations as set out in the contract. If Everlast is prevented or in some way obstructed by the Customer or agents, from supplying the contracted product or services it will be treated as having performed such services and the sum due for the provision of such services will be payable by the Customer in the ordinary course.
10.Any failure by Everlast to perform its obligations under this Agreement through circumstances of force majeure including but not limited to fire, explosion, accident, mechanical breakdown, interruption to the supply of materials, epidemic, industrial dispute or any other cause outside Everlast control will not constitute a breach of this Agreement by Everlast.
11.This Agreement may be terminated by the Customer for material breach by Everlast. Before termination is effective the Customer must give written notice of the breach to Everlast and must allow 14 days for Everlast to rectify the breach. If the breach is not rectified within such period, the Customer may notify Everlast in writing of it's termination of this Agreement by giving 30 day’s notice.
12.Everlast shall indemnify the Customer against any loss of or damage to the property, of the Customer caused by the negligent acts or omissions of any employee, franchisee or sub-contractor of Everlast subject to a maximum amount of £500 in respect of any one incident or series of related incidents and a maximum amount of £5,000 in respect of all and any incidents (whether or not related) arising during the term of this Agreement.
13. Any notice to be given under this Agreement shall be given in writing to the address of the Customer or Everlast (as appropriate) stated in this Agreement. Any notice given to Everlast will be deemed given on the date of receipt by Everlast. Notices given to any agent or sub-contractor of Everlast shall not be effective service on Everlast.
14. This Agreement shall be governed by English law and the Customer and Everlast agree to submit to the non-exclusive jurisdiction of the English Courts.