Terms & Conditions
These Terms & Conditions (“Terms”) shall apply to all Services we undertake. No variation of these Terms shall be binding on Space unless agreed in writing by Space. Space reserves the right to add to, alter, amend or withdraw any of the provisions of these Terms without notice. Any typographical, clerical or other error or omission in the Terms shall be subject to correction without any liability on the part of Space.
The Client by instructing Space shall be deemed to have read, understood and agreed with the Terms.
1. For the purposes of these Terms the following words or terms shall have the following meanings:
“Client” means the person who or which instructs us, or on whose behalf, we are instructed to provide the Services;
“instructions” shall include verbal as well as written instructions, and the words “instruct” and “instructed” shall have a corresponding meaning;
“Items” means any and all items of whatsoever nature;
“person” shall include any individual or body corporate or unincorporate;
“Property” means the location at which Space is to perform or undertake the Services;
“Services” means any and all services and work we are instructed, either verbally or in writing, to undertake by, or on behalf of, the Client or in accordance with a signed Space Log;
“Space” for the purposes of these Terms means Liam Montgomery (“Liam”) and David Montgomery (“David”) (or either of them) and where appropriate any and all Space Men;
“Space Log” means the document (if any) signed by, or on behalf of the Client, which sets out in more details the scope of the Services to be provided by Space to the Client;
“Space Men” means and includes Liam and/or David and/or anyone instructed by Liam and/or David to provide the Services to the Client;
“Space Shuttle” means any vehicle used by Space to perform or assist in performing the Services.
All references to “we” or “us” shall be a reference to Space.
2. Space shall use its best endeavours to provide the Services in accordance with the Client’s instructions and/or the Space Log (as appropriate) but can accept no responsibility for failure to undertake the Services which may arise or be caused directly or indirectly by any circumstances beyond Space’s control, or any unforeseen or abnormal conditions, by any act or neglect on the part of the Client or any person and time shall not be of the essence to the Client.
3. The Client agrees and warrants (as applicable) that:
3.1. the Client is legally entitled to allow us and the Space Shuttle access to the Property;
3.2. the Property and/or the Items are safe to enter, work in or with or carry (as appropriate);
3.3. the Client has the absolute right to dispose of the Items in the Property;
3.4. the Client has the absolute right to allow us to perform and carry out the Services at the Property;
3.5. the Client will provide adequate access to the Property to enable Space to carry out the Services with the Space Shuttle;
3.6. any Items to be removed by Space from the Property have, where appropriate, been correctly disconnected;
3.7. none of the Items nor the Property consist of or contain any material or substances of a hazardous or illegal nature or would be unsafe for Space Men or the Space Shuttle to come into contact with;
3.8. the Client has assessed the suitability of the access and parking at the Property to enable Space to utilise the Space Shuttle to carry out the Services and for the avoidance of doubt, Space accepts no liability for any damage whatsoever caused to the Property by the Space Shuttle.
4. Space will not:
4.1. disconnect any Item which would reasonably or lawfully require a qualified plumber, electrician, gas engineer or other professional to disconnect;
4.2. dispose of any Item of a hazardous or illegal nature;
4.3. perform any Services which would, in the sole opinion of Space, be illegal or expose Space to any reputational risks;
4.4. perform any Services which would, in the sole opinion of Space, expose any Space Man to health risks.
5. The Client agrees that, save as otherwise agreed in writing by Space, all Items removed from the Property shall become the sole property of Space to do with as we see fit in our sole and absolute discretion.
6. Space accepts no responsibility or liability for any damage to the Property or any Items.
7. Save as otherwise agreed by Space in writing or as set out in the Space Log, Space charges for Services on an hourly charge out rate of £20 per hour (exclusive of disbursements).
8. We reserve the right to increase our hourly charge out rate and shall notify the Client in writing of any changes before that change takes effect or promptly thereafter.
9. We shall, on request, provide an estimate of our likely fees to carry out the Services. Estimates are always provided on the strict understanding that they are subject to revision and do not constitute a commitment by us to carry out the Services for a set fee.
10. Where quotations are provided (verbally or in writing), these constitute a proposal by us to carry out the Services for a stated fee. The fee quotation will detail the specific Services to be undertaken and any assumptions or bases on which the quotation is provided. If Space is requested or required to carry out or perform additional Services or incur additional expenditure as a consequence of circumstances not disclosed to us or not foreseen by us or the Client, then we shall be entitled to raise an additional fee for such work at our then applicable hourly rate or suspend the provision of the Services until additional fees are approved.
11. We will submit our invoice on completion of Services however, reserve the right to submit invoices on a monthly basis where Services are provided on an ongoing basis.
12. We shall be entitled to add to our fees any disbursements or expenses incurred on the Client’s behalf or in carrying out the Services and reserve the right to render an invoice for such disbursements or expenses as and when they arise or when submitting our invoice for the Services performed.
13. Payment of fees, disbursement and expenses is due upon presentation of our invoice unless we shall have otherwise agreed in writing. We reserve the right to charge interest on unpaid invoices, such interest to be compounded quarterly from the date of the invoice to the date of payment accrued daily at a rate of 5%
14. The Client will be responsible for the settlement of our fees, disbursements and expenses unless we have waived such liability in writing.
15. We reserve the right to suspend the provision of our Services to the Client on failure to settle our fees, disbursements and expenses on presentation of our invoice without any liability.
16. These Terms shall be governed and construed in accordance with Guernsey law.
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