Terms and Conditions Agreement
BETWEEN
South Coast Boiler Services LTD, a private limited company incorporated in England and Wales (registered number 8544461) the address of whose registered office is 30 Christchurch Road, Bournemouth, Dorset, BH1 3PD and the person(s) or company who has any work undertaken by South Coast Boiler Services LTD not excluding any third parties who South Coast Boiler Services LTD or the English courts see fit to involve. The parties herby submit to the exclusive jurisdiction of the English Courts. AS WITNESS the hands of the parties hereto of their duly authorised representatives the day and year first before written.
1. DEFINITIONS AND INTERPRETATIONS
Unless the context otherwise requires, the following words terms used in this Agreement shall have the following respective meanings:-
1. “Agreement” means this written agreement including the schedules
1.1 “Company” shall mean South Coast Boiler Services LTD
1.2 “Business” shall mean the traders or customers
1.3 “The Customer” shall mean the person or organisation for whom the Company agrees to carry out works &/or supply materials.
1.4 The “Operative or “Engineer” shall mean the representative appointed by the Company
1.5. “Working day” means any day other than a Saturday or a Sunday or any public holiday in the United Kingdom.
1.6 “Losses” means any and all damages and losses, liabilities and judgements, demands, fees, costs, expenses (including legal fees and disbarments on a full indemnity basis) and including the following categories of loss and damage weather foreseeable or otherwise and howsoever caused: (a) loss or damage (whether direct or indirect) of or to business, profit, revenue, reputation or good will and anticipated savings and (b) and incidental, indirect, special, consequential or punitive loss or damage.
1.7 “Unforeseen Circumstances” means something that could not have been foreseen prior to job commencement.
1.8 “Extras” or “extra” means anything that the customer has asked for or is required to complete a job that was not in the original quote. This includes unforeseen repairs and faults that may develop as a result of a new system or a repair or modification of an existing system. This will mean an increased cost to the original quote.
1.9 “Trade price” means the price that the local parts stockists supply business at.
1.10” Additional costs” and “additional cost” means any cost that may incur a further charge to the customer that was not in the original quote or price. This may include, but not restricted to unforeseen circumstances and “extras” asked for by the customer.
1.11 “warranty work” means any work that needs to be amended or altered due to a fault or problem that has arisen due to faulty workmanship.
1.12 In the event of any conflict between a term of a schedule and a term in clauses 1 to 32 inclusive the latter shall prevail:
1.13 “Party” or “parties” means either party to this Agreement and includes (and this Agreement shall be binding on and insure to the benefit of) it’s permitted assignees (if any):
1.14 Any undertaking by either party not to act or thing shall be deemed to include an undertaking not to permit or suffer the doing of that act or thing:
1.15 Words denoting the singular shall include the plural and vice versa: and references to a gender shall include all other genders:
1.16 General words are not to be given a restrictive meaning because they are followed by particular examples. And words introduced by the terms “including”, “include” or any similar expression shall be constructed as illustrative and the words following any of those terms shall not limit the sense of the words proceeding those terms and
1.17 any reference to a statue, statutory provision or subordinate legislation (“legislation”) shall be construed as referring to such legislation as amended and in force from time to time and to any legislation which enacts or consolidates (with or without modification) any such legislation.
1.18 “Notice” means notice in writing served in accordance with provisions provided in clause 18.
1.19 Any reference to a “clause” or “schedule” is to the relevant cause or to this agreement and any reference to a “sub clause” or “paragraph” is to the relevant sub clause or paragraph of the clause or schedule in which it appears.
1.20 The headings of clauses or schedules are included for convenience only and shall not affect the interpretation of this agreement:
2. TERM
This agreement shall come into force on the commencement date either by verbal or written agreement or by the customer’s allowance of commencement of work. This agreement shall remain in force indefinitely unless any provision of this agreement shall be found by any court; tribunal or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and in effect.
3. OUR CHARGES
3.1 The hourly rate is £62.40 per hour, for the hour, by the hour unless otherwise stated by the operative or engineer in writing. A verbal quote will not be accepted as a given price and if there is any doubt relating to prices given, the written price will apply. This includes any extras or work not detailed in the original estimate.
3.2 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 price in the estimate unless unforeseen circumstances apply and or the customer has requested an extra. In this case the operative will inform the customer prior to carrying out additional repairs at further cost to the customer 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.
3.3 We reserve the right to alter the price in writing if the prices of materials alter prior to job commencing.
3.4 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.
3.5. 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 (including email and other electronic methods of communication). The Company shall not be bound by any estimates given orally or in which manifest errors occur.
3.6 Invoices are due for payment immediately although we operate a 30 day grace period before legal action to recover debt is initiated. Any part of that invoice which remains unpaid shall carry interest at the rate of 5% 23 over the current Bank of England base rate until payment in full is received by the Company. ROMPALPA CLAUSE-All goods supplied remain the property of the Company even though installed by way of a lien until fully paid for and the Company reserves the rights associated with ownership of such goods whether fixed or otherwise, which remain unpaid for. The guarantee shall be null and void if payments are not made on the due dates and the conditions within this agreement are not met.
3.7 If a debt is not paid within 30 days we reserve the right to take legal action. We will send out a late payment letter. This will incur an administration fee of £30 inclusive of VAT. Any further late payment letters will also incur a £30 administration fee inclusive of VAT. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices’ of issue. After the late payment letter has been sent we will refer the debt to a third party Solicitor. This will incur further costs set as deemed appropriate by the Company and our chosen debt-recovery agent/solicitor. Alternatively current interest and debt costs can be sent to you if requested in writing to South Coast Boiler Services LTD by way of email or letter.
3.8 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 nonattendance or late attendance on site of the operative/engineer or for the late or non-delivery of materials.
3.9 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.
3.10 If the Customer cancels their instructions prior to any work being carried out without giving 14 days’ notice the company reserves the right to charge a 10% restocking fee on any materials ordered. If materials or parts have already been delivered to the job or address that the customer specified they will be invoiced at trade price.
3.11 Any parts installed or materials used will be charged for at trade price and the time taken to install the parts will be charged at £50.40 inclusive of VAT per hour. This applies if a job has been cancelled by the customer or after starting work or the job has been completed.
3.12. 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 or she fails to notify the Company as afore said then the Company shall not be liable in respect of any defects in the works carried out. Any defects, errors or inadequacies of parts and materials supplied and used by the Company shall not be the responsibility of the Company, and as such no liability is accepted for any damages or losses incurred.
4. WARRANTY WORK
4.1 The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturer’s warranty in force. The Guarantee will become null & void if the parts are supplied by the customer. And or the parts or materials supplied by the Company are:
(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.
4.2 The company will not guarantee any work in respect of blockages.
4.3 The company will not guarantee any work undertaken on instruction from the customer & against the written or verbal advice of the operative/engineer.
4.4 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.
4.5 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.
4.6 The customer shall be solely liable for any hazardous situation in respect of contravention of Gas Safe Regulations or Gas Warning Notice or notices issued. If a Company Representative issues a warning, notice, or recommends isolation of supply, then the Company’s duty under the Gas Safe Regulations ends there. Any contravention of these terms or warnings given will void any other guaranties or Company responsibilities provided or detailed within the terms of this agreement. We will not be held responsible for any liabilities and costs arising from contravention of these terms, or non-adherence to any warning or Operatives advice.
4.7 Engineers operate under their own Gas Safe Registration & as such are solely responsible for any Gas related work & subsequent liability.
4.8. Any concession, latitude or waiver allowed by the Company at any time shall be without prejudice by strict and full rights under this Contract and shall not prevent the Company subsequently exercising such rights.
4.9 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 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, in accordance with advice from our legal representatives and court judgements.
(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.
4.10.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.
4.11 The flue system will only be covered under warranty by the Company for 1 year after the installation date.
4.12 Whilst every care will be taken by the Company it accepts no liability for any damages to plaster work, boxing, decoration, flooring etc., which may be consequent upon the carrying out of the work detailed, unless specifically provided for in the schedule(s) in the quotation. Cuts or holes made to allow for equipment will be made good but not permanently finished or redecorated. Floor boards will be re-instated or replaced when necessary but special and/or laminated floors cannot be permanently re-fixed. Any carpets which have to be lifted will be re-laid to the best of our engineer’s ability, however we cannot be held responsible for carpets which have been nailed or glued down, It should be anticipated that an amount of re-decoration may be required and this will be the Customer’s responsibility and is not included in the price. Similarly the Company accepts no responsibility for damage which is attributable to structural defect or weakness unless such damage results from negligence on the part of the Company, its servants, workmen or operatives.
4.13 .The price we quote does not include the cost of removing any dangerous waste materials, such as asbestos, that we could not reasonably identify when we provided a quote. A specialist contractor should be contacted by the customer to remove these dangerous materials or we may be able to arrange for them to be removed at an extra cost. When asbestos is removed you will need to produce a “site clearance for reoccupation” certificate, which you can get from the asbestos removal company, before we continue to work at your property.
4.14 The boiler warranty is given direct from the boiler manufacturer — this is usually a parts and labour warranty. The warranties on external components supplied and fitted the Company, are only covered by a parts warranty, labour will not be included as the manufacturers do not cover labour warranty.
5. AFTER CARE TERMS AND CONDITIONS
5 1 In order to obtain the complete manufacturer’s warranty/guarantee on new boiler system installations provided by the Company, the homeowner agrees to organise the service of the boiler every 12 months. If the boiler is not serviced within a 12 month period South Coast Boiler Services LTD and the boiler manufacturer reserve the right to cancel any warranties or guarantees in association with the boiler and/or system.
5.2 If the boiler is not serviced by South Coast Boiler Services LTD within a 12 month period South Coast Boiler Services and the boiler manufacturer reserve the right to cancel and void any guarantee or warranty set in place by South Coast Boiler Services LTD or the manufacturer. We cannot be responsible for another person’s or companies work on the system or appliance.
5.3 Any decisions made by South Coast Boiler Services LTD or the boiler manufacturer are final and not subject to change.
5.4.The Company, having discussed with the Customer the requirements for the installation of the heating products as listed in the quotation, may need to carry out a survey to take detailed measurements and or specifications and any Contract is subject to the surveyor’s report and findings. The Company reserves the right to decline the work detailed on the Contract should its surveyor(s) think fit to do so. Should this action become necessary, the liability of the Company in these circumstances is limited to the refund of any deposit paid by the customer and these sums will be refunded immediately.
5.5 .Delivery, repairs and installation timescales are approximate and shall be deemed to commence with effect from settlement of all details of the order and receipt of payment of any deposit where applicable and are made subject to fires, strikes or lockouts and any other causes beyond the contract of the Company interfering with its execution or completion of the Contract Time shall not be deemed to the deemed to the essence of the Contract
5.6. We will carry out the work during working hours Monday to Friday, but may on occasion need to use a reasonable amount of overtime to achieve completion. This may include additional days for the installation when planned. We may stipulate the number of engineers to complete the installation. However, the number of engineers is not guaranteed and only a guide, as during busy periods this may change. It is a condition of this contract that your approval of such overtime is granted although we will endeavour to minimise any disruption or inconvenience. Should any overtime or unsociable working hours be specifically requested by you or other any special arrangements charged for and agreed in the quotation, it may be necessary for us to amend the quotation. These charges will be explained at the time and prior to the overtime or unsocial working hours commencing. We will need access to the relative property at all reasonable time whilst the work is being executed and would expect free use of water, electricity and gas to enable us to complete the work in accordance with this Contract.
6. CUSTOMER RESPONSIBILITIES
6.1 It is the Customer’s responsibility to ensure that any licence, permit or other authority necessary for the execution of the work is obtained and that existing property boundaries are correctly defined.
6.2 It is the customer’s responsibility to ensure the work site is secure and safe and any parts or materials left on site that are stolen or damaged will be charged for accordingly at trade price. If a third party is acting on behalf of the customer such as a tenant and South Coast Boiler Services LTD suffers a loss due to the site not being safe or secure it will remain the responsibility of the customer to ensure the work site is secure and safe.
6.3 It is the customers responsibility to ensure the company operative is able to work in a safe environment and should ensure that access to the working areas are free from hazards and that equipment such as loft ladders and any other equipment provided are in a safe, tested and working order. The responsibility relies solely with the customer and South Coast Boiler Services LTD cannot be held liable for any damages incurred due to an unsafe site and or equipment.
6.4 The customer should ensure that they notify the engineer of any known dangers and should contact a specialist contractor should they suspect dangerous materials are present at the work site such as asbestos or any other dangerous material prior to approving an engineer’s or Company operatives’ site visit.
7. EXCLUSIONS
7.1 Where combination boilers are supplied, hot water flow rates will be reduced if more than one tap or outlet is used simultaneously. It can also result in a fluctuation of temperature. This is not a fault and is a characteristic of most combination boilers. Any complaint or query arising from this issue will not be covered under any guarantee or terms provided under this agreement.
7.2 As part of the Company’s responsibility as Gas Safe Registered engineers, we are required to connect any gas appliance to a gas supply that is safe and sound. Consequently we will need to carry out a gas soundness test on the first of the installation of any new boiler or heating system. Should be any leak or defect within the existing gas pipe work we would have no alternative but to condemn the supply, or take steps to make the supply safe as necessary or re-pipe the supply prior to the installation work being carried out. Although a rare occurrence, any such work is totally unforeseen and may have to be an extra amount to that shown in the quotation. The cold water flow rate shown in the quotation is measured using a flow measuring device in litres per minute at the time of the initial visit by our Sales Advisor. Flow rates can fluctuate depending on the age and condition of the water supply and the time of day the reading is taken.
7.3 When brickwork, stonework or other masonry has to made good e.g. making good original flue position from old boiler, we are unable to guarantee an exact match for the existing brick work or masonry due to restrictions on availability and effects of weathering over the years. Whenever possible we will endeavour to provide a similar finish. Should a Customer wish to provide his/hers own materials for matching purposes, we will make allowance in the calculations of the price agreed in the quotation. Where the customer provides their own parts/materials, these are subject to the terms in (4.1)
7.4 When an open vented system is replaced with a sealed system the pressure will increase from around 0.8bar to around 2.3bar when the heating is running. This could potentially cause a leak on the existing system resulting in pressure loss. If this happens it would be an extra to repair.
8. COMPLAINTS
8.1 Any complaint should be reported to South Coast Boiler Services LTD immediately upon occurrence and any further damage or issues arising due to not reporting an issue straight away may not be covered by South Coast Boiler Services LTD or third party insurers.
8.2 Occasionally circumstances arise where problems can occur, giving rise to complaints. If you wish to make a complaint to us concerning our performance and failure of our obligations under the terms of this Contract you must write to us at South Coast Boiler Services LTD, Unit 11, Cobham Business Centre 29-31, Cobham Road, Ferndown Industrial Estate, Wimborne, BH21 7BX or email us at southcoastboilerservices@hotmail.co.uk setting out details of the complaint and we will reply with a written response within 7 days.
8.3We will log your complaint depending on the severity of the complaint and aim to resolve it as quickly as possible. The severity of the complaint will be determined by a South Coast Boiler Services LTD operative and his or her say is final.
9. NOTICES
Any notice or other communications required to be given under this Agreement in writing may be given under this Agreement in writing may be sent by email or first class pre-paid post in the case of South Coast Boiler Services to Unit 11, 29/31 Cobham Road, Wimborne, Dorset, BH21 7BX and in the case of the customer any notice sent by first class post shall be deemed received two working days after the date of posting. Any notice sent by email shall be deemed received on the next business day after the date of delivery.
18.1 .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. No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
10. WAIVER
No failure or delay on the part of either of the parties to exercise any right or remedy under this Agreement shall be construed or operate as a waiver thereof nor shall any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy as the case may be. The rights or remedies provided in this agreement are cumulative and are not exclusive of any rights or remedies provided by the law.
11. SERVABILITY
If any provision of this agreement shall be found by any court, tribunal or administrative body of competent durastriction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and in effect.
12. COUNTERPARTS
This agreement may be executed in any number of counterparts together and shall constitute one and the same instrument in such event, each party shall deliver facsimiles of the signature page to the other and shall follow such delivery by prompt delivery of the originals of the Agreement.
13. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
No term of this agreement shall be enforceable under the contracts (rights of third parties) act 1999 by a person who is not a party to this Agreement, but this shall not affect any right or remedy of any third party which exists or is available other than this act.
14. GOVERNING LAW AND JURISTICTION
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.
The parties herby submit to the exclusive jurisdiction of the English Courts.
AS WITNESS the hands of the parties hereto of their duly authorised representatives the day and year first before written.
15 RIGHTS TO CANCEL
Your Cancellation Rights. You can cancel this agreement up to 14 days after the day any goods are delivered. This is called your ‘cooling off’ period. By signing the quotation you’ve agreed that we can start work before your cooling off period ends. If you cancel your agreement after work has started, we will charge you our reasonable costs for:
• any work already carried out, or
• Any goods already installed into your property You won’t be able to cancel once work is fully completed or the goods have been installed into your property. We can deduct our costs from any deposit you’ve paid or bill you for them.
If we attend and provide a written quote for works and that quote is accepted verbally or in writing at a later date, you agree to waive your 14 day cancellation rights.
