Terms & Conditions

1. Definitions

Client means the person, company, organisation, landlord, managing agent or other entity instructing ASUKA247.

Consumer means an individual acting wholly or mainly for purposes outside their trade, business, craft or profession.

Business Customer means a Client acting for purposes relating to its trade, business, craft or profession.

Works means services, labour, materials or other work supplied or arranged by ASUKA247.

Property means the premises or location at which the Works are undertaken.

Working Day means Monday to Friday excluding public and bank holidays in England.

2. Application of These Terms

These Terms apply to Works undertaken by ASUKA247 unless alternative terms have expressly been agreed in writing.

A quotation, service agreement, work order or other written agreement may contain additional or job-specific terms.

Where a job-specific written agreement expressly conflicts with these Terms, the specifically agreed provision takes priority for that particular matter.

The version applicable to a contract will normally be the version provided or made available to the Client when the contract is entered into.

Later changes to the website Terms do not retrospectively alter an existing contract unless validly agreed or permitted by law.

3. Quotations and Estimates

A quotation covers only the Works expressly described.

Unless otherwise stated, quotations do not automatically include additional work arising from:

• Concealed or latent defects
• Inaccessible areas
• Additional faults
• Defective previous workmanship
• Pre-existing damage or deterioration
• Structural defects
• Unforeseen site conditions
• Additional work discovered following access, opening-up or dismantling

An estimate is an indication of likely cost rather than a fixed price.

Where material additional Works become necessary, ASUKA247 will normally obtain further authority before proceeding, except where emergency action is reasonably necessary or an agreed pre-authorised expenditure limit applies.

4. Standard Working Hours and Attendance Charges

Standard working hours are Monday to Friday, 08:00–17:00, excluding bank holidays.

Unless a different price has expressly been agreed, the standard minimum attendance charge is £150.00.

This includes:

• Travel to and attendance at the Property
• Initial assessment or fault investigation
• Up to one hour's general maintenance labour on site, measured from arrival
• Reasonable minor consumable sundries normally carried by the operative

After the included first hour, general maintenance labour is £65.00 per hour, charged in 30-minute units.

Replacement parts, substantial materials, specialist items and specialist services are additional unless expressly included.

5. Out-of-Hours Attendance

Out-of-hours attendance is at ASUKA247's discretion and subject to availability.

Evenings and Saturdays

Between 17:00 and 22:00 Monday to Friday, and on Saturdays: £225.00 attendance, including assessment and up to one hour's labour. Additional labour: £95.00 per hour, charged in 30-minute units.

Sundays, Bank Holidays and Overnight

On Sundays and bank holidays, and between 22:00 and 08:00: £300.00 attendance, including assessment and up to one hour's labour. Additional labour: £130.00 per hour, charged in 30-minute units.

Publication of these rates does not guarantee availability or a particular response time.

6. Emergency Works

Where ASUKA247 reasonably considers immediate action necessary to protect occupants, make a Property safe, prevent significant property damage or prevent an urgent condition materially worsening, ASUKA247 may undertake reasonable emergency or make-safe measures within the authority provided by the Client.

Emergency attendance is subject to availability.

ASUKA247 does not provide a guaranteed 24-hour emergency response unless expressly agreed separately in writing.

7. Pre-Authorised Expenditure

Where a service agreement or written instruction establishes a pre-authorised expenditure limit, ASUKA247 may undertake reasonably necessary Works within that limit without obtaining further authority for each individual item.

Unless the relevant agreement states otherwise, the limit includes applicable attendance, labour and materials.

Any such limit is authority to incur expenditure on the Client's behalf. It is not insurance, a warranty or an amount funded by ASUKA247.

8. Materials and Replacement Parts

Ordinary minor consumable sundries included within an attendance charge are not separately charged.

Other materials, replacement parts and components are additional unless included within an accepted quotation.

Materials supplied directly by ASUKA247 will be charged at ASUKA247's applicable supply rates.

Significant material expenditure will normally be advised in advance where reasonably practicable.

Special-order, bespoke or non-returnable items may require advance payment.

Once ASUKA247 has placed or committed an authorised order specifically for the Client, cancellation or return of those goods may not be possible. The Client will be responsible for reasonable committed costs to the extent permitted by applicable law.

9. Specialist Contractors

ASUKA247 may appoint suitably competent subcontractors or specialist contractors where Works require particular qualifications, certification, equipment or expertise.

Specialist Works will normally be quoted in advance where practicable.

Where a specialist contractor is instructed without a separate fixed-price quotation, and the Client has agreed to this charging basis before instruction, the charge may be the specialist contractor's cost to ASUKA247 plus 15% for administration, coordination and handling.

10. Variations and Additional Works

A Client may request changes to agreed Works.

Any material variation may affect price, materials and completion times.

ASUKA247 will normally obtain approval for material additional chargeable Works before proceeding.

Where possible, variations should be recorded in writing.

11. Access

The Client is responsible for ensuring ASUKA247 has lawful and reasonable access to the Property at the agreed time.

Where a Property is occupied by a tenant or another person, the Client is responsible for ensuring appropriate authority and access arrangements are in place.

12. Appointment Cancellation and Failed Access

Clients should provide at least 24 hours' notice to cancel or rearrange an agreed appointment.

Where less than 24 hours' notice is provided, ASUKA247 may recover reasonable costs or losses actually incurred as a consequence of the late cancellation, subject to applicable law.

Where an operative or authorised contractor attends but cannot obtain access for reasons outside ASUKA247's reasonable control, an attendance charge may apply.

For Consumers, cancellation and failed-access charges will be applied fairly and proportionately.

13. Client Responsibilities

The Client must provide accurate information, appropriate access, details of known hazards and material defects, timely decisions and approvals, and ensure they have authority to instruct the Works.

The Client must maintain appropriate property, landlord or business insurance as applicable and pay properly due invoices in accordance with the agreed terms.

14. Existing and Concealed Defects

An ASUKA247 attendance does not constitute a building survey, condition survey or certification unless expressly instructed as such.

ASUKA247 does not assume responsibility for a pre-existing, concealed or latent defect merely because it attends the Property or identifies that defect.

Works necessary to remedy such matters are separately chargeable unless responsibility arises directly from ASUKA247's own Works.

15. Deposits

Unless alternative written terms have expressly been agreed, an individual job with an agreed value exceeding £1,000.00 requires a 50% deposit before commencement.

ASUKA247 is not required to commence the Works, reserve labour, place material orders or commit specialist contractors until the required deposit has been received in cleared funds.

Payment of a deposit confirms the Client's instruction for ASUKA247 to proceed in accordance with the accepted quotation or agreement, subject to any statutory cancellation rights which apply.

16. Cancellation After Payment of a Deposit

A deposit is not automatically refundable in full simply because the Client subsequently decides to cancel.

Where a Client cancels after paying a deposit, ASUKA247 may deduct from or retain the deposit to cover reasonable costs, losses and commitments properly incurred in connection with the Client's instruction, including where applicable:

• Work already undertaken
• Labour already provided
• Reasonable preparatory or mobilisation costs
• Materials already purchased
• Bespoke or specially manufactured goods
• Non-returnable items
• Supplier cancellation or restocking charges
• Specialist contractor commitments
• Plant or equipment commitments
• Other reasonable and unavoidable costs directly resulting from the instruction and cancellation

ASUKA247 will take reasonable steps to minimise avoidable losses.

Any balance remaining after properly deductible amounts will be refunded where due.

For Consumers, this clause remains subject to applicable statutory cancellation rights and consumer law.

17. Payment

All prices and invoices are stated in pounds sterling (GBP) unless expressly stated otherwise.

Unless alternative terms have been agreed in writing, invoices are due on the invoice date.

Any VAT legally chargeable will be identified and dealt with according to ASUKA247's applicable VAT status.

ASUKA247 may, after reasonable notice and subject to applicable law, suspend further non-emergency services while an undisputed invoice remains overdue.

18. Business Customer Payment Provisions

Where legally applicable, ASUKA247 reserves its rights in relation to late commercial payments, including statutory interest, compensation and reasonable recovery costs available under applicable law.

This provision applies to Business Customers only.

19. Standard of Service

ASUKA247 will perform its services with reasonable care and skill.

Nothing in these Terms removes or restricts statutory rights which cannot lawfully be excluded.

20. Workmanship

Where applicable, ASUKA247 will remedy defects arising directly from its own workmanship that are notified within 12 months of completion of the relevant Works, subject to reasonable inspection and access.

This does not cover normal wear and tear, misuse, accidental damage, pre-existing or unrelated defects, third-party interference, Client-supplied materials or product failures unrelated to ASUKA247's workmanship.

21. Client-Supplied Materials

Where a Client asks ASUKA247 to install materials, components or products supplied by the Client or another third party, ASUKA247 is not responsible for the inherent quality, suitability, compatibility or manufacturer's warranty of those items.

ASUKA247 remains responsible for the standard of its own installation work as required by law.

22. Liability

Nothing in these Terms excludes or limits liability where exclusion or limitation would be unlawful.

ASUKA247 is not responsible for loss or deterioration caused by matters outside its reasonable control, including pre-existing or concealed defects, delayed or refused access, delayed instructions, a Client's decision not to undertake recommended Works, third-party interference or failure of an unrelated component or system.

Any additional contractual limitation applicable to a particular project or Business Customer must be expressly stated in the relevant agreement.

23. Photographs and Attendance Records

ASUKA247 may take photographs and maintain records reasonably required to document property condition, Works undertaken, defects, quotations and job progress.

Personal information will be handled in accordance with applicable data-protection requirements.

24. Data Protection

ASUKA247 processes personal information in accordance with applicable UK data-protection requirements.

Further information is available in ASUKA247's Privacy Policy.

25. Keys and Access Devices

Where keys, fobs or other access devices are provided to ASUKA247, reasonable care will be taken while they are in ASUKA247's possession.

They remain the property of the Client or relevant authorised person.

26. Complaints

Complaints should be sent to office@asuka247.uk.

ASUKA247 aims to provide a substantive response within 10 working days, where reasonably practicable.

27. Suspension

Subject to applicable law, ASUKA247 may suspend Works where reasonably necessary because of unsafe working conditions, refused access, material Client breach, an undisputed overdue account, failure to provide an agreed deposit, or failure to provide information reasonably required to proceed.

28. Termination

Either party may terminate an ongoing maintenance arrangement by reasonable written notice unless a specific agreement provides otherwise.

Termination does not remove responsibility for Works already properly undertaken or reasonable authorised costs already incurred or committed.

Cancellation following payment of a deposit is also subject to Clause 16.

29. Events Outside Reasonable Control

Neither party is responsible for failure or delay caused by events genuinely outside its reasonable control to the extent applicable law permits.

30. Consumer-Specific Terms

Where the Client is a Consumer, statutory rights are not affected by these Terms.

Where statutory cancellation rights apply, the Consumer will be provided with the required cancellation information and applicable Model Cancellation Form.

Where a Consumer expressly requests services to begin during an applicable statutory cancellation period, that request and applicable acknowledgement should be recorded in writing.

31. Business Customer-Specific Terms

Business Customers must ensure individuals instructing ASUKA247 have appropriate authority.

Where a managing agent, property manager or representative instructs ASUKA247 on behalf of a property owner, freeholder, management company or other principal, the instructing party must make clear the capacity in which it acts and any applicable limits of authority.

Portfolio, planned-maintenance, credit-account, service-level and bespoke commercial arrangements must be separately agreed in writing.

32. No Insurance or Property Management Service

Unless expressly agreed otherwise, ASUKA247's maintenance services do not constitute insurance, a home-emergency insurance policy, repair-cost warranty, letting-agency services or property-management services.

ASUKA247 does not assume a Client's statutory responsibilities as owner, landlord, employer, managing agent or dutyholder merely by undertaking maintenance Works.

33. Third-Party Rights

Unless expressly stated otherwise, a person who is not a party to the relevant contract has no contractual right to enforce its terms, subject to rights which cannot lawfully be excluded.

34. Severability

If a provision is found to be unlawful or unenforceable, the remaining provisions continue to apply so far as legally permitted.

35. Governing Law and Jurisdiction

These Terms and contracts incorporating them are governed by the laws of England and Wales.

For Consumers, nothing in this clause removes mandatory jurisdiction rights which cannot lawfully be excluded.

For Business Customers, unless expressly agreed otherwise, the courts of England and Wales shall have exclusive jurisdiction.

36. Document Control

ASUKA247 Terms & Conditions

Version No: 1.0

The version applicable when a contract is entered into should be retained with the relevant customer or project record.