1. GENERAL
1.1 For the purpose of these terms and conditions, the following words shall have the following meanings:
a. "Us/we" shall mean Premier Heating Surrey Ltd
b. "Customer/you" the person or organisation for whom we agree to carry out work and/or supply materials
c. "Our representative" shall be the person we send to you to do work.
1.2 You personally will be deemed to be our customer unless it is made clear to us who the customer is and we have confirmation that you have the right to instruct us on their behalf.
2. JOBS ON AN HOURLY RATE
2.1 The total charge to the Customer will be the time spent by our representative doing the work, parts and materials used and will also include all reasonable time spent in obtaining materials.
2.2 Work will be charged in accordance with our current rates, with a minimum of a half hour including callout and thereafter per elapsed quarter hour. Return visits to on going works will not incur another call out charge but will still carry a minimum of a half hour charge.
2.3 We try to minimise collection of materials by carrying everyday stock items. If we do need to collect materials we will always try to keep the time to a minimum. If the time is likely to be more than 45 minutes you will be informed before our representative leaves the job.
2.4 If the required materials are not available locally then they will be ordered, any carriage or postal costs will be charged to the customer.
3. QUOTATIONS
3.1 Quotes will include labour and materials +VAT. The price will be fixed but manifest errors shall be exempted. Quotes may need to be revised if you change the scope of the work, if there is an increase in the price of materials, or if further works turn out to be needed to do the work.
3.2 All quotations submitted by us remain open to acceptance for a period of fourteen days from the date thereof. The quotation is based upon the conditions:
3.2.1 That the work will be carried out during normal working hours (8.00 a.m. to 6.00 p.m. Monday to Friday);
3.2.2 That we will be given unrestricted access to the premises upon which the work is to be executed; and
3.2.3 That all areas in or on which work is to be executed are fully accessible.
3.3 Acceptance of any quotation constitutes a warranty and representation by the
Customer that the requirements of every applicable statute, order-
3.4 All written quotations must be accepted with our completed acceptance form and a 10% deposit of the total quoted gross cost.
3.5 We may request part payments at certain stages of the works.
3.6 If for any reason beyond our control, we are unable to carry out the installation in accordance with the programme referred to in the quotation, or such other programme as may be agreed, the time for completion shall be extended by a period equivalent to the delay and we shall be paid such extra cost (including direct costs, overhead and loss of profits) as may be attributable to such delay.
3.7 Unless previously agreed in writing, redundant materials removed in the execution
of the contract works shall remain the property of the Customer and will not be cleared
from the site by us. Where prior agreement to remove materials has been made, such
materials shall be deemed to become our property and responsibility upon removal,
and we shall be liable for safe and proper disposal of the said property and shall
abide by every applicable statute, council regulation or direction, bye-
4 TIMEKEEPING
4.1 We will make every effort to attend each job at the time and date agreed with you according to our standard terms and condition of sale. However, we cannot accept any liability for either arriving late or not at all and for the late delivery or failure to supply materials.
5 PAYMENT
5.1 All invoices are payable immediately upon delivery to the customer. In the event of payment not being made in accordance with these Conditions, interest will be charge on all outstanding monies at the rate of 4% over the HSBC Bank base rate per month for all consumer contracts and in accordance with statute and commercial guidelines for all business contracts.
6 TITILE TO GOODS
6.1 Goods supplied and delivered by us to you, or your premises shall remain our property and we will continue to have title over them until paid for in full by the customer.
6.2 We have the absolute authority to retake, sell or otherwise dispose of all or any part of these goods. At any time and without notice we shall also be entitled to enter any premises in which our goods, or any part of them, are installed, stored or kept or it is reasonably believed to be so. We shall be entitled to seek a court injunction to prevent you from selling, transferring or otherwise disposing of such goods. However, the risk in the goods will pass to you on delivery to you. You must insure them at replacement value and if asked you must produce evidence that they are properly insured.
6.3 If you instruct us to do works or buy materials and then cancel, we reserve the right to charge you for the cost of any time and materials incurred by us. Charges will be those of our standard terms and conditions.
7 GUARANTEE
7.1 We offer a twelve month guarantee period of our labour and for all parts or equipment supplied by us. If you are not satisfied with our work, you must contact us, in writing, within 12 months of finishing the work and let us come and inspect the work and carry out the necessary remedial work at our expense. You agree that if you do not contact us within 12 months we will not be held liable for any breach or loss. You agree to allow our insurers complete and unfettered access to inspect any works carried out by us in accordance with this clause 7.1.
7.2 The Contractor's liability is limited to the rectification or repair of the faulty equipment within the period of the guarantee.
8 THINGS WE CANNOT COVER
8.1 We are unable to guarantee our work, parts and equipment supplied to you if they are misused, treated negligently or if our work is repaired, modified, or tampered with by anyone other than us.
8.2 Where we carry out works for you using your materials we can take no responsibility for the quality, fitness for purpose or otherwise of these materials so we cannot accept responsibility for them.
8.3 We cannot guarantee work where you order us to carry out work against the advice of our representative. This advice will be given to you either orally, or in writing.
8.4 Our guarantee in accordance with clause 6 is void if we indicate that further works need to be carried out and you opt not to proceed with such works.
8.5 We cannot guarantee any work to unblock waste or drainage pipes nor any maintenance work or service of nature which would in normal usage and under normal conditions necessitate regular maintenance. Nor can we guarantee further damage or defects caused by work that is not fully guaranteed or where recommended further work has not been carried out.
8.6 We will not accept liability for any damage caused by disturbance to existing supplies, tanks, cylinders, fire surrounds or other equipment; or any damage whatsoever caused to the work or the Customer's premises or property by inclement weather or other factors outside our control.
8.7 We cannot guarantee work or remedial work on existing installations that are either inferior or over 10 years old nor can we guarantee the effectiveness or otherwise of our work in these cases.
8.8 We shall not be held liable for any delay or consequences of any delay in performing our obligations if such a delay is due to any cause beyond our reasonable control and we shall be entitled to reasonable time extensions.
8.9 We shall be entitled to recover the costs or damages from any person or contractor whose negligence or faulty workmanship makes us liable to pay for any damages or rectification of work.
9 GENERAL
9.1 We reserve the right to refuse or decline to undertake any work.
9.2 We reserve the right, at our absolute discretion, to choose who will represent us.
9.3 This contract is subject to the condition that any existing system or part thereof, which is to form a part of, or to be used in conjunction with, any installation and/or goods which is/are the subject of this contract, is/are in good working order. No responsibility is accepted for the efficient or effective working of such existing system and/or goods or any part thereof.
9.4 These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by our duly authorised representative and you. Your entering into a contract with us determines your unequivocal acceptance of our terms and conditions and acceptance that these terms and conditions shall prevail over any previous terms and conditions used by you or contained, set out or referred to in any documentation sent to us by you other than those amended and executed by our duly authorised representative and you.
9.5 These terms and conditions and all contracts awarded between us and the Customer shall be governed and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Courts.
Terms and Conditions