Customer / Contractor Meaning
Any reference made to ‘The Customer’ in the following terms and conditions shall mean the person, business, film, partnership, or corporate body issuing instructions to The Company to carry out works. The Contractor means the person or persons instructed by the company to attend to the work on behalf of the Customer.
2. Incorporation of Conditions
These Conditions shall apply to all orders placed with the Company unless otherwise agreed in writing by an authorised representative of the Company. Any conditions contained in a Customer’s order form which conflict with any of these conditions shall be deemed to be in-applicable unless otherwise greed in writing by an authorised representative of the Company.
3. Working Hours
The Customer shall give access within the Company’s usual working hours 0800-1700. In the event that this is not being given and overtime being worked at the customer’s request, the extra cost will be chargeable in addition to the quote price.
4. Programs of Works
Every effort will be made to meet the requirement of the Customer but no guarantee can be given of the date of commencement or completion of work. The Company accepts no responsibility for any delay in the execution of the work, or damage, or inconvenience caused, due to labour disputes, fire, accident, or non-delivery or shortage of materials or other caused beyond the Company’s control. Occasionally the Company’s attempts to repair or to clear a drain will be unsuccessful. Provided that the Company’s decision to attempt the work was made in good faith, all time spent conducting such work will be charged at the normal rates, if unsuccessful.
Any estimation of work is only an estimate and is subject to no unforeseen circumstances.
6. Preliminary work
The Contractor shall at the specific request of the Customer use reasonable endeavours.
(a) To move any furniture, carpeting or possessions to enable the work to be carried out.
(b) To move or dissemble any furniture, floor boards etc. to enable the work to be carried out but at an additional charge shall be made for such work. Neither the Company nor the Contractor shall be responsible for any damage caused provided that such work is carried out reasonably and the Customer shall be responsible for reinstalling all such furniture, carpeting and possessions.
The Company will charge the customer either: (a) fixed price if and only if this is agreed in writing and signed by the parties before the work commences or (b) by reference to the time spent by the Contractor and the materials used. Time is charged at the Company’s standard half-hourly rates unless there is an emergency call-out or the work is to be carried out in the whole or in part outside the normal working hours of 9am to 5pm, excluding statutory holidays when a higher rate will apply. Charges are calculated from the time when the Contractor arrives at the Customer’s premises until he has completed the work including the time spent cleaning and re-loading tools and in collecting parts and other materials needed to carry out the work. The minimum unit of time used in calculating charges is half of one hour and time is rounded up to the next nearest half hour.
8. Agreed Labour Rate
The labour dates quotes and agreed at the start of the work is the rate that the work will be charged at. This applies even if the work continues in to a different charging period which may be cheaper or dearer.
9. Fluctuation in Charges
The Company reserves the right to pass on to the Customer any increase of labour or parts occurring after the date Contract but before completion of the work.
In addition to the term of payment set out in section 11, the Company will charge interest at 15% per month on outstanding invoices for non-account customers from the date of completion of work plus an administration fee of £10 per week.
Unless otherwise specified all prices are quotes exclusive of VAT which shall be charged and be payable by the Customer either before or during the performance of the work.
The Company’s Terms of payment are detailed overleaf and are payable on completion of the work and payment shall be made by the Customer to the Contractor on behalf of the Company. The Company shall be entitles to require payments from the Customer either before or during the performance of the work.
13. Dishonoured cheques
The Customer shall pay the Company £50 as a minimum charge in respect of each and every time that any cheque is dishonoured or presentation for payment.
If and only if the Company allows the Customer account facilities by notice in writing and on condition that these Terms and Conditions take precedence over any terms and conditions of the Customer shall pay or reimburse all such charges and other reasonable costs or expenses incurred by or on behalf of the Company seeking payment on a full indemnity basis.
15. Collection Fees
If any invoice is unpaid for fourteen days or more the company shall be entitles to employ the services of a Solicitor or Collection Agent and the Customer shall pay or reimburse all such charges and other reasonable costs or expenses incurred by or on behalf of the Company seeking payment on a full indemnity basis.
16. Materials Collection
Travelling times to collect materials that are not stocked on the van will be charged to the customer at the agreed labour rate but will not exceed 45 minutes even is such sourcing takes longer. Materials are charged in addition to labour. Customers are charged at the cost price plus a mark-up of 300%.
17. Customer’s Responsibilities
The customer shall be responsible for:
(a) All loss, damage or injury (whether direct, indirect or consequential ) resulting from any failure or delay in the performance of the Customer’s obligations.
(b) Ensuring that the areas to be used by the Contractor to carry out the work is ready for use and all property is fully protected against incidental damage from the work including leaks, stains, spillage or other damage.
(c) Providing access to the Contractor at all times to enable the Contractor to carry out the work.
(d) Providing all necessary power and clean water supply from the mains or fire hydrant to enable the Contractor to carry out the work.
18. Water heating
Quotations for water heating installations are based on the assumption that the existing plumbing systems is in a satisfactory condition. No responsibility is accepted for defects arising in water tanks, pipes etc. during or subsequent to installation work being undertaken by the company.
Any license, planning permits, property listing restrictions or other authority, necessary for the execution of the work shall be obtained by the Customer.
Whilst the Company and the Contractor make reasonable endeavour to carry out the work in a reasonable way, neither the Company nor the Contractor shall in any consequential loss or damage of any kind unless the type of loss or damage was specifically drawn to the attention of the company in writing at the date of the contract in ant loss or damage caused or aggravated by the conduct or neglect if the customer of the failure or the part of the Customers obligations contained in these Terms and conditions or any loss or damage due to delay on the part of the Company or Contractor.
21. Making Good
No liability is accepted by the Company or the Contractor for any damage to plasterworks decorations, flooring or other property of the Customer resulting from the Company properly carrying out the work. The Company may have to damage flooring in the course of carrying out the damage the work and the Contractor shall not be obligated to repair the same or permanently re-fix any flooring.
22. Removal of Drain Deposits
It is the Customer’s responsibility to remove from the site any superseded equipment and all deposits extracted from the drain pipes or sewers. The Contractor will remove all wrappings and superfluous parts from the Customer’s premises free of charge on completion of the work, unless these are bulky or heavy.
23. Frozen Pipes
Neither the Company nor the Contractor will be liable for any loss or damage arising from any fractured or frozen pipes.
24. Acid and Drain Cleaning Products & Machinery
Neither the Company nor the Contractor will be liable for any loss or damage to pipework caused by use of acid or any other drain cleaning products, such as rotary machinery.
25. Inspection of Work
It is the Customers responsibility to inspect the work as far as is reasonably possible immediately on completion of the work or any complaint or allegation of breach of contract must be made in writing to the Company and delivered within 5 days of the day of completion. If the Company does not receive any such notification from the Customer it shall be conclusively deemed that the work is free from any deficit which would be apparent on a reasonable examination of the work.
26. Customer call backs
Neither the Company nor the Contractor shall be responsible for any problems with the Customer’s property causes in whole or in part by work carried out by any previous contractor or arising from any faults with the installations of the Customer’s property or any inherent fault. If, in the Contractor’s opinion any problems are not directly related to work carried out by him, he shall be entitled to change for any diagnosis and/or ratification.
27. Company’s Rights
The Company shall be entitled
(a) To refuse or delay carrying out the works where the Customer’s credit or conduct is unsatisfactory
(b) To employ the serviced of the Contractor or any other party or parties for the purpose of undertaking work
(c) To assign the benefit of any order with the Customers to any servant, agent or sub-contractor
(d) To withdraw or cancel a quotation or other literature without liability
(e) To correct any typographical, clerical or other error or omission in the quotation or other literature without any liability on the part of the Company.
No verbal or written representations of any kind shall supersede the contents of these terms and conditions.
These terms and conditions do not affect your statutory rights.
Company Registration No. 8608566
VAT Registration No. 190883084