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Terms & Conditions
STANDARD TERMS AND CONDITIONS
FOR SUPPLY OF GOODS AND SERVICES OF
CH4
In the interests of our customers we would ask them to always check and approve the
following:
That Working Times & Breakdown of Labour & Materials are clearly and accurately
shown on the invoice. That Material collection times have been kept to a minimum.
That Mobile phone usage has been kept to a minimum and has been solely job related.
That breaks have not been charged for. That any queries are resolved with the Operative
at the time.
Should you have any unresolved queries, require further information or
fail to be completely satisfied with our work please ring us and we will deal with
the matter immediately.
1. For the purpose of these terms & conditions the following
words shall have the following meanings:
(a) “The Company” shall mean CH4.
(b) “The
Customer” shall mean the responsible person or organisation for whom the Company
agrees to carry out works &/or supply materials.
The Operative or Engineer shall mean
the representative appointed by the Company.
2. The Company reserves the right to
refuse or decline work at its own discretion. Where the Company agrees to carry out
works for the Customer those works shall be undertaken by the designated operative
of Company at its absolute discretion.
3. HOURLY RATE WORK. The total charge to the
Customer shall consist of the cost of materials supplied by the Company (not exceeding
the trade purchase price of materials + 20%) & the amount of time spent by the operative
in carrying out works (including all reasonable time spent in obtaining un-stocked
materials) charged in accordance with the Company’s current hourly rates. The Customer
shall only be charged for the time spent related to the Customer’s work, all other
time, personal mobile calls etc. is non-chargeable.
4. FIXED PRICE WORK shall be
given as a firm cost, (manifest errors exempted) including Labour & Materials, and
shall be within 10% over and above the equivalent total hourly rate cost.
4a. All invoiced account jobs must be paid within 30 working days of invoice date
All invoiced without account terms must be paid to engineer on Completion of works.
5.
Where a written estimate has been supplied to the Customer the total charge to the
Customer referred to in the estimate should not exceed the actual time taken by more
than 20% but may be revised in the following circumstances:—
(i) if after submission
of the estimate the Customer instructs the Company (whether orally or in writing)
to carry out additional works not referred to in the estimate.
(ii) if after submission
of the estimate there is an increase in the price of materials.
(iii) If after submission
of the estimate it is discovered that further works need to be carried out which
were not anticipated when the estimate was prepared. (iv) If after submission of
the estimate it is discovered that there was a manifest error when the estimate was
prepared.
6. The Company shall not be under any obligation to provide an estimate
to the Customer & shall only be bound (subject as hereinafter) by estimates given
in writing to the Customer & signed by a duly authorised representative of the Company.
The Company shall not be bound by any estimates given orally or in which manifest
errors occur.
7. Material Collection.
Collection of non-stock items is chargeable but:
(a)
Time must be kept to a minimum & reasonable.
(b) The Customer must be informed wherever
possible when the operative leaves the premises.
(c) If the collection time is likely
to exceed 45 minutes the customer must be additionally informed of the circumstances.
(d)
Only one engineer is allowed to leave the job to collect parts.
(e) The collection
of materials which should be normally stocked items is non-chargeable.
8. Invoices
are due for payment immediately upon COMPLETION to the Customer unless its on account
terms (4a). Any part of that invoice which remains unpaid shall carry interest at
the rate of 4% per day over the base rate until payment in full is received by the
Company.
9. Where the date &/or time for works to be carried out is agreed by the
Company with the Customer, then the Company shall use its best endeavours to ensure
that the operative shall attend on the date & at the time agreed. However, the Company
accepts no liability in respect of the non attendance or late attendance on site
of the operative/engineer or for the late or non delivery of materials.
10. The Customer
shall accept sole liability to discharge the Company's account unless he/she discloses
to the Company when initially instructing the Company to carry out work &/or supply
materials that he/she is acting on behalf of a third party (including, but not limited
to, a Limited Company or Partnership) & receiving a written estimate) the name of
the third party appears on the written estimate.
11. If the Customer cancels their
instructions prior to any work being carried out or materials supplied then the Customer
shall be liable for any related expenditure together with the profit that would have
been made by the Company had the work been carried out &/or materials supplied in
accordance with such instructions.
12. If, after the Company shall have carried out
the works, the Customer is not wholly satisfied with the works then the Customer
shall give notice in writing within 12 months to the Company & shall afford the Company,
and its insurers, the opportunity of both inspecting such works, & carrying out any
necessary remedial works if appropriate. The Customer accepts that if he fails to
notify the Company as aforesaid then the Company shall not be liable in respect of
any defects in the works carried out.
13. The Guarantee shall be for labour & materials
supplied by CH4 for stated over page, from the date of completion with the manufacturers
warranty in force. The Guarantee will become null & void if the work/appliance completed/supplied
by the Company is:
(a) Subject to misuse or negligence.
(b) Repaired, modified or tampered
with by anyone other than a Company operative. The Company will accept no liability
for, or guarantee suitability, materials supplied by the Customer & will accept no
liability for any consequential damage or fault.
14. The company will not guarantee
any work in respect of blockages in Heating systems, waste & drainage systems etc.
The
company will not guarantee any work undertaken on instruction from the customer &
against the written or verbal advice of the operative/engineer.
Work is guaranteed
only in respect of work directly undertaken by the company & payment in full has
been made. Any non-related faults arising from recommended work which has not been
undertaken by the company will not be guaranteed.
The company shall not be held liable
or responsible for any damage or defect resulting from work not fully guaranteed
or where recommended work has not been carried out. Work will not carry a guarantee
where the customer has been notified by the operative either verbally or indicated
in ticked boxes or in Comments/ Recommendations of any other related work which requires
attention.
The customer shall be solely liable for any hazardous situation in respect
of Safe gas Regulations or Gas Warning Notice issued.
15. Where the Company agrees
to carry out works on installations of inferior quality or over ten years old at
that date no warranty is given in respect of such works & the Company accepts no
liability in respect of the effectiveness of such works or otherwise.
16. Engineers
operate under CH4 Registration & as such are solely responsible for any Gas related
work & subsequent liability.
17. The Company shall be entitled to fully recover costs
or damages from any operative/engineer/contractor whose negligence or faulty workmanship
results in the Company being made liable for those damages or rectification of the
work.
18. These terms & conditions may not be released, discharges, supplemented,
interpreted, varied or modified in any manner except by an instrument in writing
signed by a duly authorised representative of the Company & by the Customer. Further,
these terms & conditions shall prevail over any terms & conditions used by the Customer
or contained or set out or referred to in any documentation sent by the Customer
to the Company; by entering into a contact with the Company the Customer agrees irrevocably
to waive the application of any such terms & conditions.
19. Title to any goods, supplied
by the Company to the Customer shall not pass to the Customer but shall be retained
by the Company until payment in full for such goods has been made by the Customer
to the Company.
Until such time as title in the such goods has passed to the Customer:
(i)
the Company shall have absolute authority to repossess, sell or otherwise deal with
or dispose of all any or part of such goods in which title remains vested in the
Company,
(ii) for the purpose specified in (i) above, the Company or any of its agents
or authorised representatives shall be entitled at any time & without notice to enter
any premises in which goods or any part thereof is installed, stored or kept, or
is reasonably believed so to be.
(iii) The Company shall be entitled to seek a court
injunction to prevent the Customer from selling, transferred or otherwise disposing
of such goods.
Notwithstanding the foregoing, risk in such goods shall pass on delivery
of the same to the Customer, & until such time as title in such goods has passed
to the Customer, the Customer shall insure such goods to their replacement value
& the Customer shall forthwith, upon request, provide the Company with a certificate
or other evidence of such Insurance.
20. The Company shall not be liable for any delay
or for the consequences of any delay in performing any of its obligations if such
delay is due to any cause whatsoever beyond its reasonable control & the Company
shall be entitled to a reasonable extension of the time for performing such obligations.
21.
The Company shall only be liable for rectifying works completed by the Company &
shall not be held responsible for ensuing damage or claims resulting from this or
other work overlooked or subsequently requested & not undertaken at that time.
These
terms & conditions & all contacts awarded between the Company & Customer shall be
governed & construed in accordance with English law & shall be subject to the exclusive
jurisdiction of the English law.