For the purpose of these terms and conditions the following words shall have the following meanings: (a) “The Company” shall mean S.O.S Heating & Plumbing Limited. (b) “The Customer” shall mean the person or organisation for which the Company agrees to carry out works and or supply materials. (c) “The Operative” shall mean the representative appointed by the Company.
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 Operative of the Company designated at the Company’s absolute discretion.
HOURLY RATE WORK. The total charge to the Customer shall consist of the cost of materials supplied by the Company and 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 (as set out in Appendix below). All charges are exclusive and remain subject to VAT at the prevailing rate except in cases where the work carried out is zero rated.
FIXED PRICE WORK shall be given as a firm cost, (manifest errors exempted) including Labour and Materials. All costs are exclusive and remain subject to VAT at the prevailing rate except in cases where work is carried out is zero rated.
Written estimate work – 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 exceed that limit where it is reasonable to do so 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.
Material Collection – Collection of non-stock items is chargeable at the company’s hourly rates but: (a) Time must be kept to a minimum and reasonable. (b) The Customer must be informed wherever possible when the Operative leaves the premises. (c) If the collection time is likely to exceed 60 minutes the customer must be additionally informed of the circumstances. (d) The collection of materials which should be normally stocked items is non-chargeable.
Invoices are due for payment immediately upon delivery to the Customer, by form of cheque, cash or direct transfer. Company bank details are on invoice. If the invoice is not settled within 5 working days from the date of the invoice a late payment charge will be added to your bill at a daily interest rate of 5% over the Bank of England base rate.
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 the 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 delivery of materials.
Customer must ensure working conditions in the property are safe to the best of their knowledge for the works to be carried out by the Operative and any potentially dangerous animals not to be left unattended or unsupervised by the customer.
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 time incurred by the Operative at the hourly/or expenditure on materials.
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 one month 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 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.
Our Guarantee – Work is guaranteed for 12 months from date of completion with the manufacturer’s warranty in force. Should the works carried out by the Operative fail, a site visit will be undertaken to investigate the issue. The Guarantee will become null and 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 of materials supplied by the Customer and will accept no liability for any consequential damage or fault.
The company will not guarantee any work in respect of blockages in waste and drainage systems etc. 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 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 and this work has been carried out by the Company. The customer shall be solely liable for any hazardous situation in respect of Gas Safe Regulations or Gas Warning Notice issued.
Where the Company agrees to carry out works on installations of inferior quality or over ten years old following recommendation of a replacement which the customer refuses to act on at that date no warranty is given in respect of such works and the Company accepts no liability in respect of the effectiveness of such works or otherwise.
The company will comply with all relevant Building Regulations and shall whenever necessary notify the local authority that they have fitted a new heat producing gas appliance following which the Customer should within 21 days receive a Building Regulations Compliance Certificate from the local authority. It is important to keep this certificate as it may be needed if you sell your home or if you choose to remortgage.
Payment should be received in full by “the Company” for “the Company” to discharge its obligations to register any notifications such as guarantees and warranties etc. If payment is not received in full, this obligation will not be discharged.
Gas safe Operatives operate under Shaun Overy’s Gas Safe Registration 226397. Operatives who do not hold Gas Safe Certification cannot and will not work on gas related works.
These terms and 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 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 contact with the Company the Customer agrees irrevocably to waive the application of any such terms and conditions.
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 and to be allowed to enter any premises in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be. (iii) 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 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.
The Company shall only be liable for rectifying works agreed to be undertaken and completed by the Company and shall not be held responsible for ensuing damage or other work discussed but overlooked or subsequently requested and not undertaken at that time. These terms and conditions and all contracts awarded between the Company and Customer shall be governed and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English law.
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