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Conditions of business

Definitions

In these conditions the 'client' shall mean the corporate entity, firm or person seeking to purchase the materials/work from the company. The'company' shall mean Eco Gas & Plumbing Services, the 'contract' shall mean any contract for Goods or Services made between the Company and the Client, the 'Goods' shall mean the products articles or things to be sold by the company and the 'services' shall mean any services provided by the company to the client.

The contract

These conditions shall be incorporated into each and every contract made between the company and the client. No variation or waver of or addition to these conditions, whether written or oral, shall have effect unless authorised in writing by a manager of the company.

Quotations, whether written or oral, submitted by the company shall be deemed to be an invitation not an offer.

Time limits

Any time or date quoted by the company for delivery or collection of any of the goods or performance of any services is an estimate only and the company shall not be liable for any failure to meet any such estimate nor any loss, whether financial or otherwise resulting directly or indirectly.

Delivery

If the company is unable to effect delivery on arrival at the client's premises for any reason whatsoever, an additional charge for any return or subsequent visit will be made.

Loss or damage in transit

The client is under a duty wherever possible to examine the goods on delivery. Where the goods cannot be examined, they shall be marked by the client as not examined. The company shall be under no liability whatsoever for any defects or shortages that would be apparent on careful examination and, in any event, the company accepts no liability for any such defects or shortages as aforesaid unless notified in writing of the details within seven days. The company shall make good any defects or shortages in accordance with the terms of this condition but otherwise shall be under no liability whatsoever, whether by way of negligence or otherwise, for such defects or shortages.

Cancellation by the buyer

No cancellation of the whole or any part of any order, whether it is an order by instalment or otherwise, by the client is permitted except where agreed in writing in advance by a manager of the company. Goods, once delivered may not be returned unless authorisation has been given. Where goods are returned by agreement, a restocking fee charge may be made.

Price

Any price quoted by the company is based upon current pricing rules as at the date appearing on the quotation, but the actual price to be charged to the client under the contract shall be based upon such ruling price current as at the date of invoice and shall include the cost to company of any carriage, insurance and/or shortage effected by it in connection with the client's order. In accordance with the terms of this condition, the company shall be entitled at any time up to the date of the invoice to vary the price quoted to the client.

Terms of payment

Central heating boiler and bathroom/shower replacements and upgrades are subject to a minimum initial deposit of 10 % of the total value of the works including VAT followed by a second payment of 80 % upon delivery of the materials to site. The 10% balance to be paid upon completion. At the company's discretion, 90 % deposit will secure a discount of 1.25 % with the balance on completion and full advance payment with the order will secure a 2.5% discount. In addition, seasonal discounts and other incentives to trade may be offered.

Small works, Gas appliances installations etc will have payment terms set out on the quotation. Time and materials jobs are due on completion except for approved and established credit accounts.

Payment default

Defaulting on full payment by failure to settle any outstanding balance within 21 days of completion of the works will result in forfeiture of any prepayment discounts allowed. Interest at 2.5 % a month will be charged on all balances unpaid after 21 days of completion.

Damage

The company shall not be responsible for any damage to existing equipment (i.e. Boilers, heaters, cookers, cylinders, taps, radiators, or any other equipment and property) disturbed while carrying out services, unless damage is recorded on an installation sheet and witnessed by the engineer. The company will not be responsible for any defects in existing systems or property that impinge upon or have an adverse effect upon the works that form the basis of the contract.

Customer supplied goods

The company, if fitting goods or materials supplied by the customer, will not be responsible for their operation or effective life.

Existing Flues

It is assumed that any existing flue used is in good condition and free from downdraught. It will be the customers responsibility to arrange for any chimney used to be swept before connection of any new appliance.

Oil tanks

Where the company undertakes to replace or move an existing oil storage tank, it will be the customer's responsibility to dispose of any oil left in the tank before commencement of removal. We can arrange for an oil company to offer you the service if required.

Risk

Risk in the goods shall pass to the client when the goods are delivered by the company.

Title

Until full payment is made to the company, title to the goods shall remain with the company.

Termination and suspension

Without prejudice under the contract, the company shall be entitled in its absolute discretion and upon giving the client written notice of its intentions to do so; either terminate wholly or in part the contract in any one or more of the following events:

Customer expenses

Time is not of the essence of the contract and so the company shall not be liable for any expenses incurred by the customer or the customer's agents (i.e. Hotel or Boarding House expenses, loss of wages, loss of time, furniture storage or any other expense) incurred as a result of the duration of the work taking longer than at first anticipated by the customer or the company representative and/or failure of the company to start on an agreed date.

Gas and water supplies

The company shall not be liable for any expenses incurred by the customer or customer's agents as a result of inadequate pressure or failure of the supplies or the failure of others to provide a suitable supply at the time that the work is completed by the company or at any other time.

Telephone instructions

Where a telephone instruction is given by the customer, the company cannot accept any responsibility for incorrect position of the appliances or equipment.

Pipe runs

The company reserves the right, if necessary, to alter pipe runs or ductwork after commencement of the work.

Guaranteed room temperatures

When calculating outputs of radiators and other emitters it is assumed that the following conditions apply: Four inches (100mm) of approved loft insulation is correctly installed in roof spaces. The outside air temperature is not less than 30 degrees Fahrenheit > One or more radiators or air outlets are fitted to every room.

Indemnity

If any process is to be applied to the goods or the services by the company in accordance with a specification or direction submitted by the client, the client shall indemnify and hold harmless the company from and against all loss, damages, costs and expenses awarded against or incurred by the company in connection with the results of the clients specification.

Force majeure

The company shall have no liability whatsoever for any failure to perform, or for any delay in the performance of any of its obligations under the contract arising wholly or in part by reason of any factor beyond its control.

Exclusions

Any defects inherent in exsisting system that forms no part of the new or replacement works

Deposit

Payment with regard to the quotation confirms full agreement with Eco Gas & Plumbing Terms & Conditions