For the purpose of these terms and conditions the following words shall have the following meanings:
- a. “The Company” shall mean On Gasglow Home Services Ltd
- b. “The Customer” shall mean the person or organisation for whom the Company agrees to carry out works and/or supply materials.
- c. “The Operative” shall mean the representative appointed by the Company to perform its duties hereunder.
2. Right to Refuse
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 plus 20%) and the amount of time spent by the Operative in carrying out works (including all reasonable time spent in obtaining unstocked materials) charged in accordance with the Company’s current hourly rates. All charges are subject to change where appropriate.
4. Fixed Price Work
Fixed price work shall be given as a firm cost, (manifest errors exempted) including labour and materials.
- a. 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:
- 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.
- if after submission of the estimate there is an increase in the price of materials.
- 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.
- if after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.
- b. The Company shall not be under any obligation to provide an estimate to the Customer and shall only be bound (subject as hereinafter) by estimates given in writing to the Customer 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.
6. Material Collection
- a. Collection of non-stock items is chargeable to the Customer.
- b. If the Customer supplies their own materials and they are insufficient or are not suitable to complete the works then the Company will charge for the Operative’s lost time on the job, travel time and expenses, and any loss of profits from the Company’s inability to carry out any other works for other customers.
- a. Payment by a Customer is due on completion of the works.
- b. Invoices are due for payment immediately upon delivery to the Customer. Any part of that invoice which remains unpaid shall carry interest at the rate of 4% over the base rate charged by the Company’s bank for its base rate, until payment in full is received by the Company.
8. Commencement and Completion
Where the date and/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 an Operative shall attend on the date and at the time agreed. However, the Company accepts no liability in respect of the non attendance or late attendance on site of the Operative or for the late or non delivery of materials. It is acknowledged that the dates given for commencement and completion of the works are estimates only.
9. Third Parties
The Customer shall be responsible for all liabilities (including payment for the work done) hereunder unless it has disclosed to the Company prior to the work commencing that it is contracting for a third party and the third party has acknowledged in writing to the Company it is bound hereunder and the Company has accepted such transfer of liability. In the event that the third party does not meet its liability hereunder then the Customer shall remain fully liable.
10. Effect of Cancellation
If the Customer cancels their agreed and confirmed 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 and/or materials supplied in accordance with such instructions.
- a. If, after the Company shall have carried out the works, the Customer becomes aware of any defect in the works within a period of 12 months from the works being carried out, then the Customer shall give immediate notice in writing of the works having been completed to the Company and shall afford the Company, and its insurers, the opportunity of both inspecting such works, and carrying out any necessary remedial works if found necessary and appropriate. The Customer accepts that if he/she fails to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.
- b. The Guarantee under 11a hereof shall be for labour only in respect of faulty workmanship for 12 months from the date of completion and where there is a manufacturer’s warranty in force in respect of any fittings or appliances supplied. The Guarantee will become null and void if the work completed or fittings or appliances supplied by the Company are:
- Subject to misuse or negligence by the Customer or the Customer’s representatives.
- Repaired, modified or tampered with by anyone other than a Company Operative. The Company will accept no liability for, or guarantee suitability for materials supplied by the Customer and will accept no liability for any consequential damage or fault.
- c. The Company will not guarantee any work in respect of blockages in waste and drainage systems and associated fittings. The Company will not guarantee any work undertaken on instruction from the customer and against the written or verbal advice of the Operative. Work is guaranteed only in respect of work directly undertaken by the Company and where payment in full has been made. Any faults arising from recommended work which has not been undertaken by the Company for the Customer will not be guaranteed.
- d. The Company shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where work recommended by the Company has not been carried out. Work will not carry a guarantee where the customer has been so notified by the Operative either verbally or in writing or of any other related work which requires attention.
- e. The Customer shall be solely liable for any hazardous situation in respect of Gas Safe regulations or where a Gas Warning Notice has issued.
- f. Where the Company agrees to carry out works on installations of inferior quality or over ten years old at that date no guarantee or warranty is given in respect of such works and the Company accepts no liability in respect of the effectiveness or durability of such works or otherwise.
- g. The Company shall only be liable for rectifying works actually completed by the Company and shall not be held responsible for any other damage or claims resulting from work overlooked or subsequently requested and not undertaken at the time.
12. No Variation
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 a duly authorised representative of the Company and by the Customer. Further, these terms and conditions shall prevail over any terms and 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 contract with the Company the Customer agrees irrevocably to waive the application of any such terms and conditions.
Title to any goods, fittings or appliances 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, the Company or any of its agents or authorised representatives shall be entitled at any time and without notice to enter any premises in which goods or any part thereof are installed, stored or kept, or are reasonably believed so to be. Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the Customer, and until such time as title in such goods has passed to the Customer, the Customer shall insure such goods to their replacement value and the Customer shall forthwith, upon request, provide the Company with a certificate or other evidence of such insurance.
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, and the Company shall be entitled to a reasonable extension of the time for performing such obligations.
15. Removal of Waste Materials
Unless agreed in writing between the parties, the Customer will be responsible for the removal from site of all waste materials resulting from the works.
16. Frozen Pipes
The Company will not be liable for any fracture found in frozen pipes attended by the Company. The Company will not guarantee to clear blockages occurring in a frozen pipe or drain. The guarantee provided by the Company under paragraph 11 hereof shall be read accordingly.