1: All the terms of the contract between the Customer and the Company are contained in the document and written specifications (if any) provided to the Customer. No variation of the terms shall bind either party unless such variation is made in writing and signed by the party to be bound.
2: The Company, having discussed with the Customer the requirements for the installation of the heating products as listed on the quote form, 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 it’s 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 returned immediately.
3: Any changes in materials and/or specification from those detailed in the schedule on the sales order form will only apply when supported by the Company’s amendment forms which must be signed by both parties – i.e. “the Company” and “the Customer”.
4: Delivery/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 cause beyond the control of the Company interfering with it’s execution or completion of the Contract. Time shall not be deemed to be the essence of the Contract.
5: We will carry out the work during normal working hours Monday to Friday, but may on occasion need to use a reasonable amount of to achieve completion. It is a condition of this contract that your approval to such overtime is granted although we will endeavour to minimise any disruption or inconvenience. Should any overtime or unsocial working hours be specifically requested by you, other than any special arrangement charged for and agreed on the sales order form, it may be necessary for us to add extra costs and these will be explained at that time and prior to the overtime or unsocial working hours commencing. We will need access to the relative property at all reasonable times 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: Due to the Company’s policy of continuous improvement, the Customer shall have the benefit of any modification the Company may make to it’s products and procedures albeit these changes may be made without prior notice to the Customer. All illustrations within the Company’s literature and that of it’s suppliers are subsequently intended as a guide only.
7: Any concession, latitude or waiver allowed by the Company at any time shall be without prejudice to their strict and full rights under this Contract and shall not prevent the Company subsequently exercising such rights.
8: Payment of the Contract balance is due immediately upon completion of the work to your reasonable satisfaction. When payments have been made to the Company’s agents or representatives, the Customer must retain a copy of the Contract or Invoice with the payment indicated and receipted by the person to whom the payment is handed. Cheques must be made payable in favour of the Company only. If remedial work is necessary, the Customer may hold a maximum of 10% of the value of the invoice until such work is carried out.. Romalpa Clause – All goods supplied remain property of the Company even though installed, by way of a lien until fully paid for and the Company reserves the right of re-entry to remove any 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 above conditions not adhered to.
9: If the Customer has entered into a Credit Agreement via the Company’s nominated finance providers, the terms of their agreement will apply as part of this Contract. If the Credit Agreement is later cancelled, then subject to the terms of the 1974 Consumer Credit Act, the contact balance will become immediately payable. This does not affect your statutory rights.
10: In the event of suspension or cancellation of the work at the request of the Customer, or lack of instructions or delay on site caused by matters beyond the control of the Company, any extra expenses thereby incurred losses suffered shall be chargeable to the Customer along with a reasonable addition for administration and overhead costs. This condition shall not be construed as to affect any statutory or common law rights of the Customer.
11: 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.
12: Whilst every care will be taken by the Company it accepts no liability for any damage to plaster work, decorations, flooring, etc. which may be consequent upon the carrying out of the work detailed, unless specifically provided for in the schedule(s) on the sales order form. Cuts or holes made to allow for equipment will be made good but not permanently finished or re-decorated. Floor boards will be re-instated or replaced where 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, it’s servants, workmen or assigns.