CONDITIONS OF CONTRACT
1. THIS CONTRACT
This is a contract between Express Softeners and the customer for which Express Softeners is providing services.
2. WORKING HOURS
The customer shall give Express Softeners Ltd access within usual working hours. In the event of this not being given and overtime being worked at the Customers request, the extra cost will be chargeable in addition to the quoted price.
3. PROGRAMM OF WORK
Express Softeners will make every effort to meet the requirements of the customer but no guarantee can be given to the date of commencement or completion of the work. Express Softeners accepts no responsibility for any delay in the execution of the work, damage or inconvenience caused, due to labour disputes, fire, accident, non-delivery or shortage of materials or other causes beyond the control of Express Softeners.
4. MAKING GOOD
Whilst every effort will be taken by Express Softeners it accepts no responsibility for any damage to plaster work, decorations, flooring, any damaged items left by customer near working area and so on, that is necessary for the execution of the work unless specifically provided for in the quotation. Cuts or holes made to allow for equipment will be made good but not permanently finished or decorated. Floorboards will be replaced but special flooring will nob be permanently re-fitted.
5. WATER HEATING AND HEATING SYSTEMS
Quotations for water heating and central heating installations are based on the assumption that the existing plumbing system is in a satisfactory condition. No responsibility is accepted for defects in water tanks, pipes and so on, during or subsequent to installation work by Express Softeners.
6. WAY LEAVES
The customer shall be responsible for obtaining and retaining any necessary consents, easement or way of leave sand for reinstatement of disturbed ground, in the case of extensions to underground distributing mains or of overhead distributing lines which are within the customer’s own property or on privately owned property over which the customer has rights of access or a tenancy.
Any licence, permit or other authority necessary for the execution of the work shall be obtained by the customer.
Drainage work may only be guaranteed subject to a CCTV camera survey being carried out by Express Softeners.
Subject to paragraph 8 above, the services carried out will be guaranteed for the period stated on the invoice or your written quotation. During which time Express Softeners agrees that it will return free of charge to inspect work carried out within the guaranteed period if the customer has reasonable grounds for believing that a defect has arisen due to the services. Any part supplied and installed by Express Softeners if found to be defective shall be replaced free of charge under the guarantee. However, if it is found that these parts are free of defects and customer arranged for inspection – minimum one hour charge will be applied for visit and any other work required by the customer shall be charged at the company’s standard rates prevailing at the time.
9.2 Where the services are specifically covered by the guarantee in 9.1 above and during that time a part becomes defective or fails, Express Softeners shall, subject to its terms and conditions, provide support service between the hours of 8:00am and 5:00PM, Monday to Friday. Excluding statutory or public holidays within 36 hours of notification of Express Softeners.
9.3 All guarantees will be immediately invalidated in the following circumstances:
a) If there is found to be any misuse, tampering, attempted repair or removal of the equipment the subject of the services by any persons other than Express Softeners service engineer or other authorized agents.
b) If any boiler which has been the subject of the services is not serviced at least once per annum.
9.4 The customer will inform Express Softeners of any defects in work under guarantee as soon as they become apparent.
Where Express Softeners is relating to repair or installation of water heating equipment Express Softeners will assume that all other parts of the plumbing system (including but not limited to water pipes and tanks) are in satisfactory condition and accordingly any quotation or estimate is based on connection of such equipment to the existing pipes. If as a result of the performance of such services, any deficiency or defect is revealed, Express Softeners will offer to repair the same as a separate requirement for services.
10.2 The performance for the services may require cutting into plasterwork, decorations or flooring, fixtures and fittings, and services do not include repairs thereto except to the extent damage is caused as a result of negligence of Express Softeners.
10.3 The customer shall be responsible for removing or protecting any carpets or furniture that may be at risk of damage as a result of provision of the services. These services do not include repairing damage to such carpets or furniture, except to the extent that such damage arises as a result of negligence of Express Softeners.
10.4 In the event that the service engineer is required by the customer to move, dismantle, reassemble or re-fix any units, cupboards or floorboards he/she may do so on the basis that it is understood that he is not liable to repair any damage to such units in the event that they are damaged.
10.5 Express Softeners shall not be liable for any indirect or consequential damage or loss arising out of the provision of services except to the extent that is negligent in providing those services.
10.6 When Express Softeners is providing services at the customers premises and Express Softeners finds asbestos, Express Softeners will make every effort to ensure that those premises are not contaminated by the disruption or removal of asbestos, but Express Softeners will not be liable for ant damage or contamination and will not contribute financially or otherwise to hygienically cleaning or compensating.
Invoices are strictly net and the quoted price will be adjusted to meet any price variations in labour or materials occurring after the date of quotation.
12 TERMS OF PAYMENT
Payment is to be made immediately upon completion of the services. We reserve the right to choose payment method. The non-completion of the building as a whole or of the work of any other trade shall not affect or delay any payment due. Express Softeners retains a lien upon all materials, plant and machinery, even though installed or delivered on site, for the whole of the unpaid balance due to Express Boilers Ltd.
13. EXTRA COST
In the event of suspension or cancellation of work at the request of the customer, or lack of instruction or delay on site, caused by matters beyond the control of Express Softeners any extra expense there by incurred shall be chargeable to the customer. If overtime is worked or alterations are made at the request of the customer, the extra cost incurred including a reasonable addition for administration expenses and overhead charges will be met by the customer.
14. PROVISIONAL SUMS, VARIATIONS AND ADDITIONS TO CONTRACT
Where the quotation includes a Provisional Sum for meeting the cost of provisional or specialist work to be done or materials or apparatus to be supplied then each sum shall be expended or used either wholly or in part, at the discretion of the customer and entirely as he/she desire or direct. Charges for work carried out by Express Softeners included in Provisional Sums and charges for additions and Variations to the Contract shall, in the absence of supplementary estimates, be invoiced at standard day work rates for contract additions in accordance with the quotation or as otherwise agreed beforehand.
15. POSITION OF FITTINGS
Positions of light points, switches, plants and so on, not provided for in the quotation or an associated drawing are to be determined before work is commenced and any change required there in shall be notified by the customer to Express Softeners in writing, in sufficient time so as to not impede the progress of the work. Any extra work necessary to meet such changes
will be chargeable to the customer in addition to the quoted price.
The installation work will be tested during progress, and upon completion for insulation resistance, earthing and continuity. Such tests should comply with the current edition of the I.E.E Regulations for the Electrical Equipment of Buildings. Any other tests required by the customer will be charged for as an extra to the quoted price unless such tests are definitely specified and included in the quotation.
17. CONSEQUENTIAL DAMAGE OR LOSS
Express Boilers Ltd shall not be responsible for any consequential damage or loss arising out of the performance of the contract, otherwise than by the negligence of Express Softeners or its employees or agents.
18. DAMAGE IN TRANSIT
Where the price quoted includes delivery, Express Softeners will repair or replace, free of charge, goods damaged in transit, provided the carriers and Express Softeners receive notification of such damage within three days of delivery and that such notification is confirmed in writing within seven days, but not otherwise.
19. SCOPE of CONDITIONS of CONTRACT
The conditions of contract will apply in full to all quotations and work carried out and/or apparatus or equipment supplied by Express Softeners under such quotations except where specifically agreed in writing to the contrary.
The price quoted is subject to any subsequent variation in taxation.
By signing the invoice, the customer authorizes the services described on the invoice to be undertaken, confirms that he/she agrees to make payment for the services in accordance with the terms and conditions set out herein.
22. CUSTOMER NOT PRESENT
Express Softeners will accept a verbal instruction from the customer to commence providing services, where the customer is not present an agreed rate or cost will be accepted by the customer verbally. This will be noted on the invoice. The invoice will be dispatched immediately or left in the customer’s property.
23. NO LIMITATION
Nothing in these terms and conditions is intended to remove any statutory rights that the customer may have or the liability of Express Softeners for death or personal injury.