Terms and Conditions For General Works (Hourly Rate, Servicing, Power Flushing etc)
– large Installation work such as boilers replacements are quoted for separately and has separate terms and conditions.
1.1 Agreement – these terms and conditions and the front sheet agreed between the parties setting out the identity of the Customer and Supplier, the Specification of Goods and Services and the Price.
1.2 Price – the price agreed between the parties for the Goods and Services.
1.3 Customer – the person, firm or company with whom the Supplier contracts.
1.4 Goods – the goods set out in the Specification.
1.5 Guarantee Period – the period of 12 months in the date of installation of Goods and/or completion of services; excludes blockages/restrictions caused by any form of sediment (scale, sludge, waster etc) or damage that has been caused by sediment being present.
1.6 Services – the services set out in the Specification.
1.7 Specification – the specification of the Goods and the Services to be provided under the Agreement set out in writing and agreed by both parties.
1.8 Supplier – the Supplier identified on the front sheet of the Agreement
2. Basis of the Agreement
2.1 The Supplier agrees to supply the Goods and to provide the Services to the Customer and the Customer agrees to pay the Price in accordance with the terms of the Agreement.
2.2 These terms and conditions shall apply to the exclusion of all other terms and conditions, In the case of any conflict or ambiguity between any specifications or instructions supplied by the Customer and the Specification set out on this document, the latter shall prevail.
2.3 Acceptance of delivery or installation of the Goods or provision of the Services shall be deemed conclusive evidence of the Customer’s acceptance of the Agreement.
2.4 The Supplier may employ sub-contractors to carry out any part of its obligations under the Agreement at its sole discretion and it may assign its rights and obligations under this Agreement without the written consent of the Supplier.
2.5 Any variation of these terms and conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Neil Marsh of FORTHRIGHT.
3. Customer’s Responsibilities
3.1 The Customer will provide the Supplier at the Customer’s cost with such information and material and such access to premises, services and facilities at the Customer’s premises as the Supplier may reasonably need to perform the Agreement including access to mains electricity, water and other services. The Customer will pay such costs as the Supplier may incur in the event of a breach of this cause.
3.2 The Customer will notify the Supplier in advance of any defect in the gas, electricity, plumbing and water systems in the Customer’s premises which are known to them.
3.3 The Customer will obtain all necessary licenses or authorities which may be needed in connection with the Goods and the Services.
3.4 Following completion of installation, the Customer shall follow any instructions of the Supplier as to use and maintenance of the Goods.
3.5 The Customer warrants that they own the premises or has had consent from the owner for the Services for the Supplier to take place. The Customer accepts full liability of any costs in any incident where no such permission has been given.
4. Payment Provisions
4.1 The price will comprise;-
4.11 a labour charge based on the rates set out in writing on the front sheet of this document;
4.12 a material charge for Goods used or fitted;
4.13 such other charges as are provided by this Agreement.
4.2 Written quotations are valid for 30 days and are subject to these terms and conditions unless otherwise stated.
4.3 Any costs guidance given in advance by the Supplier shall comprise an estimate only and shall not bind the Supplier to any particular level of charges.
4.4 When the Supplier agrees a fixed labour rate, the Customer agrees that this only includes the work outlined in the “Details of work to be completed” and that any issues that where not reasonably foreseeable by the engineer or such instances where there is a need to remove of dangerous/hazardous material or supply of access equipment are not covered under the fixed rate. In all instances, the customer is liable to pay for such costs.
4.5 The Supplier’s labour charges will be applied from the point of attendance at the Customer’s premises. It applies to the diagnosis of faults as well as the provision of the Services, and even if the Customer does not proceed with instructing the Supplier to provide any Services after diagnosis. No labour charge will be made in the following circumstances;-
4.51 if the Supplier is unable to diagnose the fault because of lack of experience.
4.52 if the Supplier attends the Customer’s premises but the Customer is unwilling to agree to the terms of this Agreement;
4.53 if a contract is not formed because the Supplier does not enter the Customer’s premises at all, for example, because the Customer is not home.
4.6 The supplier may require the Customer to pay part of the Price in advance by way of deposit, for example, if the costs of the Goods required is likely to be significant. All deposits are non-refundable.
4.7 The Supplier reserves the right by giving notice to the Customer at any time before completion of it’s performance of the Agreement to increase the Price if;-
4.71 the costs to the Supplier of providing any Services or Goods increase due to any factor beyond the control of the Supplier;
4.72 the Customer changes the Specification;
4.73 the Customer agrees to any change to the Specification propose by the Supplier;
4.74 the Customer causes any delay;
4.75 Goods or Services are required by the Customer with exceptional urgency;
4.76 the Customer fails to give the Supplier adequate or accurate information, instructions or facilities.
4.8 All sums due under the Agreement will be paid by the Customer immediately on completion of the works without any deduction, set-off, counter-claim or abatement and time for payment shall be of the essence.
4.9 Where the Customer fails to make the payment in full when payment is due, where cheques fail to clear or where chargebacks have been applied after making payment for the Goods, the Supplier will apply a £40.00 administration fee, plus £5.00 per day fee until all outstanding payments and any late fees or administration fees are paid in full. Reasonable costs and expenses (including legal costs and costs of any third party debt recovery service) incurred by the Supplier are fully chargeable and we may refuse to deliver or install Goods or provide any Services until payment has been made in full and/or retain any property of the Customer in our possession under a general lien for any such payment. Fees will be applied after 7 days unless otherwise agreed in advance with the Customer.
5. Goods and Services
5.1 The Goods shall be installed at and the Services shall be provided at the Customer’s address recorded in this Agreement.
5.2 The Supplier will not accept liability if it cannot fulfil our side of the contract for reasons which are beyond our control, such as fires, accidents, war, adverse weather conditions, industrial disputes, strikes and lockouts which We are not directly involved in.
5.3 The Supplier will take all reasonable care to carry out the work without causing disturbance to the Customer’s home, but you accept that the installation (including removing or dismantling existing fixtures and fitting) may cause a disturbance. Following the completion of the work, redecoration may be required. This is your responsibility and is not included in the price.
5.4 The Supplier may require to take up or have the Customer to take up all or some of the carpets and floor coverings, including tongue and grooved, parquet, hardwood, rubber or tiles floors before we start the work. In such circumstances, it will be the Customer’s responsibility to replace the flooring when the work is completed.
6. Guarantee Period
6.1 Materials used for the work are guaranteed for one year from the date of installation “the Guarantee Period”. Within the Guarantee Period, if the materials are defective then the Supplier will repair or replace the defective materials free of charge. Our work is guaranteed for one year from the date that the work is completed. The Guarantee only applies to specific materials provided by and repairs made by us and will not apply to any further unrelated faults within the system or the appliance.
6.2 Any faults, issues or damage that result from sludge, scale, waste or any other sediment are not covered by the Guarantee Period.
6.3 We will not be held liable for damage to any part of the property where damage has occurred from equipment/material failure or any making good of where we need to make access to undertake the repair as part of the guarantee.
7.1 The Supplier warrants that the Goods and the Services will comply with the Specification.
7.2 The Customer agrees to indemnify the Supplier against all costs and liabilities incurred
8.1 This contract is governed by the laws of England and Wales and is subject to the exclusive jurisdiction of the English Courts. Nothing in this contract affects Our or Your statutory rights.
9.1 The Supplier may terminate this Agreement or suspend its performance with immediate effect on written notice if;’
9.11 the Customer becomes bankrupt, a bankruptcy petition is entered or the Customer makes an arrangement with his creditors generally;
9.12 the Customer commits a material breach of this Agreement;
9.13 the Customer refuses to take delivery of the Goods or any part of them or to permit the Supplier to provide the Services on such date as arranged;
9.14 the Customer defaults in paying the Price or any part of it.
9.2 In the event of a suspension, the Supplier shall be entitled to demand prepayment of any part of the Price not yet due for payment as a Condition of recommencing its performance.
9.3 The Supplier may terminate this Agreement at its discretion at any time by giving 14 days notice in writing to the Customer.
9.4 Upon termination of this Agreement for whatever the cause the Customer shall pay to the Supplier;
9.41 all monies outstanding, including any additional charges.
9.42 the total value of Goods delivered and Services performed up to the date of termination, the Price for which shall become payable immediately;
9.43 any fees or charges paid by the Supplier or Goods outstanding that the Supplier is legally bound to pay.
9.44 the cost of removal from the Customers premises of any property of the Supplier.