1. "Us/we" shall mean THE GAS MAN SERVICES. "You" shall mean you: the customer (the person or organisation for whom we agree to carry out works and/or supply materials)
"Our representative" shall mean the person we send to you to do work.
2. Jobs on an hourly rate. The total charge to you will be the time spent by our representative on the job. It will include all reasonable time spent in obtaining materials. Parts and materials supplied by us will be charged at the trade price plus 20% handling charge.
3. Collecting material for a job - we mainly carry everyday stock items, however if a job requires us to pick up extra material we only charge for 30 minutes, regardless of how long the travel time is. However, we will keep you informed on expected travel time.
4. Fixed Price work. Quotes will include labour and materials. The price will be fixed but manifest errors shall be exempted. Revision to quotes may occur, for example; • You change the scope of the work. • There is an increase in the price of materials. • Further works turn out to be needed to complete the job. • It is deemed impossible for us to do the work for the previously quoted fixed price, in which case we will give you a free quote for the work so that you can choose to use us or not. If you decline the quote there will be no charges payable by you.
5. Invoices are payable immediately at the end of each job.
6. Time Keeping. Every effort is made to arrive at a job at the time and date agreed with you, however we cannot accept liability for arriving late or for the late delivery or failure to supply materials.
7. You personally will be deemed to be our customer unless it is made clear to us who the customer is, and we have confirmation that they have the right to instruct us on your behalf.
8. Materials purchased as a result of work you instruct us to undertake will be charged to you if you later cancel. Charges will be those of our normal terms and conditions.
9. We cannot guarantee our work, parts and equipment supplied to you if: • They suffer misuse, are treated negligently, or if our work is repaired, modified, or tampered with by anyone other than us. • We carry out works for you using your materials. • You order us to carry out work against the advice of our representative. This advice will be given to you either orally, or in writing. • We indicate that further works need to be carried out. • Existing installations are either inferior or over 5 years old. Nor can we guarantee the effectiveness or otherwise of our work in these cases.
10. Whilst all reasonable care will be taken during the execution of the works, no responsibility can be accepted for any faults or failures that may occur to existing pipework, fittings, equipment, etc. due to disturbance caused by the proposed works.
11. We reserve the right to decline to undertake any work.
12. Goods entitlement. Goods supplied and delivered by us to you or your premises, shall remain our property until paid for by you in full. Whilst goods remain our property (we continue to have title over them) we have the absolute authority to retake, sell or otherwise dispose of all or any part of these goods. At any time and without notice we shall also be entitled to enter any premises in which our goods, or any part of them, are installed, stored or kept, or it is reasonably believed to be so. We shall be entitled to seek a court injunction to prevent you from selling, transferring or otherwise disposing of such goods. However, the risk in the goods will pass to you on delivery to you. You must insure them at replacement value and if asked you must produce evidence that they are properly insured.
13. Ownership of any materials supplied, whether fixed or unfixed, shall not pass to you, the client, until payment in full has been received for said materials. We reserve the right to take whatever legal action may be necessary to secure payment for the works carried out and materials supplied, either fixed or unfixed.
14. These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner, except by an instrument in writing signed by our duly authorised representative and you. Our terms and conditions shall prevail over any terms and conditions used by you or contained, set out or referred to in any documentation sent to us by you. By entering into a contract with us you agree irrevocably to waive the application of any of these terms and conditions.
15. These terms and conditions, and all contracts awarded between us and you shall be governed and construed in accordance with English Law, and shall be subject to the exclusive jurisdiction of the English Law
16. The attached estimate is based on a non-intrusive survey of the property and, as such, it is assumed that any existing systems that we connect to are in good condition and in working order. Should we find, during the course of the works, any faults with the existing systems, we reserve the right to make a charge for required corrections. Should the client fail to mention any relevant facts relating to the existing installation, we reserve the right to make a charge for correcting same.
17. Dismantling, clearing and re-instatement of any fitted cupboards, etc. to permit the proposed works to proceed, will be charged at extra cost unless specified.
18. If, during the execution of the proposed works, it is necessary to gain access into floors below fitted carpets, these will be lifted by us and laid back on completion. No re-stretching or fixing has been allowed for unless specified. For floors covered with thermoplastic tiles, vinyl sheet covering, cork tiles or laminate flooring, no allowance has been made for re- instatement unless specified.
19. During the execution of the proposed works, it may be necessary to isolate various water, gas & electrical services. This will be advised in good time and the period of isolation will be as short as possible.
20. Whilst all holes formed during the execution of the proposed works will be made good on completion, no allowance has been made for re-instatement of decorations. We do not guarantee to match existing brickwork where boiler flue terminals have been removed.
21. No allowance has been made for casing in of pipework or painting/decorating of the new works.
22. It has been assumed that unrestricted access to all relevant parts of the property will be afforded to us during the course of the works. Any delays caused by restricted access not notified at the time of survey may be subject to an extra charge and/or delay in completion.
23. Where other trades are involved in the works and these trades are not under our control, any delays that may be caused to our progress by these trades may be subject to an extra charge and/or delay in completion.
24. Unless specified, the works will be carried out in one continuous visit. Extra visits at the request of you, the client, or caused by circumstances beyond our control, will be subject to a surcharge and may affect the completion date.
25. No allowance has been made for out-of-hours working unless specified, or to suit our own requirements.
26. All dates or times given for the start or duration of the works are given in good faith, based on the information gained during the survey, and our current workload commitments. These times may be varied, however, due to unforeseen circumstances i.e. emergency call-outs, breakdowns, etc. or to circumstances beyond our control. No liability will be accepted if it is not possible to meet clients' timescales.
27. The works described in the estimate will be guaranteed for a period of twelve months from date of completion, against faulty design and workmanship. The materials supplied will be subject to the suppliers/manufacturers guarantees. The client's Statutory Rights in law are not effected by this guarantee. This guarantee does not extend to existing, installed equipment, pipework or fittings.
28. Whilst certain items may be specified by name or model, we reserve the option to supply goods of a different manufacture providing they shall be suitable for the purpose intended.
29. Any items or materials supplied by the you, the client, or others, for our fixing, will be unpacked and inspected in your presence. Any faults found will be pointed out to the you, whose responsibility it will be to obtain replacement items. Any delays caused by faulty or damaged items may be chargeable, may result in us withdrawing from site and may affect the completion date of the works.
30. Any additional works that you, the client, requires to be carried out whilst the specified works are being executed, will be charged at extra cost. An indication of such cost will be given and the your agreement will be obtained before the additional works proceed.
31. This estimate is open for acceptance for a period of 30 days, providing the works can be commenced within 90 days. Both periods, from the date of estimate and thereafter, may be subject to revision or withdrawal.
32. Terms of payment are given on the estimate for the works and it is a condition of acceptance that these be adhered to. We reserve the right to charge interest at the rate of 5% above Lloyds TSB Bank plc's current base rate per month on overdue accounts.
33. The price specified in this estimate does not include for the removal of any dangerous waste materials such as asbestos found when carrying out the works. This will be subject to an additional charge.
34. Prior to commencement of work involving gas appliances, the existing gas supply will be subject to a soundness test to check for compliance with Gas Safety Regulations. Any faults found will be advised to the you, the client, and any rectification works required may be subject to additional charges.
35. Should the works include a power-flush of the existing heating system, it must be pointed out that, whilst this treatment is generally harmless, depending on the condition of the existing components the process may find weaknesses in the system. Should any such problems be encountered then any rectification works required may be charged at extra cost. The customer will be asked to sign a waiver confirming this point.
36. Should the works include a new combination heating boiler unit connected to an existing heating system, the client should be aware that the higher pressures used by this type of boiler may find weaknesses in the existing system. Any repairs required in this respect are not included in this estimate. The customer will be asked to sign a waiver confirming this point.
37. This estimate does not include for any parking fees levied in Controlled Parking Zones (CPZ's). Any such fees incurred will be passed onto the client at cost.
38. It is the responsibility of the client to ensure that all children and pets are kept away from the areas in which we are working.
39. If the proposed works are being carried out in a leasehold property, it is the sole responsibility of the client to ensure that all necessary permissions have been obtained in writing from the landlords/managing agents. We accept no responsibility whatsoever for any works carried out without the necessary permissions. We can furnish details of the proposed works if so required at possible additional cost.
40. Acceptance of the estimate confirms acceptance of these conditions.
41. On acceptance of the quotation, a 50% deposit is required before work can commence.
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