Call4Heat Terms and Conditions
It is the policy of CALL4HEAT Limited to request Clients to read, check and approve these Terms and Conditions and in particular satisfy themselves that:-
a) Working times and the breakdown of labour and materials are clearly and appropriately detailed on the invoice.
b)Time(s) allotted for the collection of materials has been kept to a minimum.
c)Breaks (e.g.lunch or dinner) in working time have not been charged.
d) Any queries raised are either resolved with our Engineer or if outstanding are properly noted and recorded by the Client and Engineer.
1) In these Terms and Conditions the following words shall have the following meanings:
i) the “Company” shall mean CALL4HEAT Limited.
ii)the “Client” shall mean the person, company or organisation for whom the Company agrees to carry out works and/or supply materials.
iii)the “Engineer” shall mean the Company’s appointed representative.
2) At its sole discretion the Company reserves the right
to refuse or otherwise decline any work offered to it.
Where the Company agrees to carry out works for
the Client such works shall be undertaken by the
Company’s appointed Engineer at its absolute
3) The total charge to the Client shall comprise:
i) the cost of materials supplied by the Company
( such cost not to exceed the aggregate of the trade
purchase price of materials plus 20%) and
ii) a charge representing the amount of time spent
by the Engineer in carrying out the works,
including all reasonable time spent in obtaining
unstocked materials, such charge(s) will be made
in accordance with the Company’s current hourly
The Client will be charged only for the time spent
by the Engineer related to the Client’s work. All
other time, eg personal mobile telephone calls etc
All charges are subject to VAT at prevailing rates.
4) In the event the Client requests the Company to
provide a fixed price then this will be negotiated
separately and be the subject of supplemental terms
and conditions. Any such fixed price will be subject
to VAT at prevailing rates.
5) In circumstances where the Client has requested of
the Company a written estimate of works and
charges, the total estimated charges should not
exceed the actual time taken for the works by more
than 20% however notwithstanding the foregoing
such charges may be revised upwards by the
Company if :-
i) after submission of the estimate the Client
instructs the Company (whether verbally or in
writing) to carry out works additional to those
detailed in the estimate.
ii) after submission of the estimate there is an
increase in the cost of materials.
iii) after submission of the estimate at any time it is
discovered by the Company that further works not
anticipated when the estimate was prepared need
to be carried out.
iv)after submission of the estimate it is discovered
that the Company made a manifest error.
6) The Company shall not be bound or obligated to
provide to the Client an estimate for desired works.
The Company shall be bound by estimates only if
given to the Client in writing and signed by a
director of the Company. The Company will not be
bound by any verbal estimates or estimates which
contain manifest error.
7) Collection time of non-stock items of material is
i) such time will be kept to a minimum and be
ii) the Client will be informed, where possible, when
the Engineer leaves the premises.
iii) if the collection time is likely to exceed 45 minutes
where possible the Client will be informed.
iv) if more than one Engineer is on site then only one
Engineer will leave the premises to source and
8) All invoices are due for payment immediately on
presentation to the Client. Any part of any invoice
which relates to a Client and which remains unpaid
shall forthwith carry an additional interest charge
of not less than 4% per annum above the base rate
published from time to time by NatWest. Such
interest will accrue and be charged on a daily basis
until any such overdue payment is received in full
by the Company in cleared funds.
9) The Client accepts sole and full responsibility and
obligation to immediately pay the Company’s invoice
unless it has been previously disclosed to the
Company and agreed in writing by the Company
that the Client is acting on behalf of an identified
third party which will itself be responsible to pay
the Company’s invoice/account.
10)Where a date and time for works to be carried out
are agreed between the Company and the Client, the
Company will use its best endeavours to ensure
that the Engineer will attend on the Client at the
agreed date and time. Notwithstanding the foregoing
the Company accepts no liability in respect of
non-attendance or late attendance on site by the
Engineer or for late delivery of materials.
11)In the event a Client cancels its instruction(s) to
the Company prior to any work being carried out
or any materials supplied then the Client will be
liable on a full indemnity basis for any and all
related expenditure and any profit that would have
been made by the Company had the work
been carried out and the materials supplied in
accordance with the Clients original instruction(s).
12) In the event that the Client is not satisfied with the
works carried out by the Company then the Client
must give notice in writing to the Company within
12 months of the date that such works were carried
out and completed. The Client shall afford the
Company and/or its representatives and/or its
insurer the opportunity of both inspecting such
works and carrying out any necessary remedial
work if appropriate. The Client accepts that if it
should fail to notify the Company as aforesaid then
the Company shall not be liable in respect of any
defects in the work carried out. It is the Clients
responsibility to immediately notify the Company of
any issue with which the Client is not satisfied in
order to minimise any risk to the Client, its property
or surroundings; the Company will not be liable for
any losses or consequential damage as a result of
negligence by the Client.
13)The Company’s guarantee to the Client shall be for
labour only in respect of faulty workmanship and
for a period of 12 months from the date of
completion with any manufacturers warranty in
force. The Company’s guarantee will immediately
fall null and void if the work and/or appliance or
other equipment supplied by the Company shall:-
i)Be or have been subjected to misuse or negligence
ii)Be repaired, modified or tampered with by any
person other than an Engineer of the Company.
The Company will accept no liability/responsibility
for or guarantee any materials supplied by the
Client and hereby accepts no liability for any
consequential damage or fault.
14)The Company does not guarantee any work in
respect of blockages of waste and/or drainage
systems.The Company does not guarantee any
work undertaken by the Company on instruction
of the Client if such work is undertaken against
the advice (written or verbal) of the Engineer. Work
is guaranteed only in respect of work directly
undertaken by the Company and for which
payment in full has been made to the Company.
Any faults arising for works recommended by the
Engineer but such works are declined by the Client
will not be guaranteed by the Company.
The Company will not be liable or responsible for
any damage or defect resulting from work not fully
guaranteed or in circumstances where
recommended work has not been carried out.
Work will not be guaranteed in circumstances
where the Client has been advised or notified by the
Engineer of other related work which requires
attention if such work is not immediately ordered
by the Client of the Company.
The Client shall be solely liable and responsible for
any hazardous situation in respect of Corgi/Gas
Safe Registration, Gas Warning Notice(s) issued or
other matters covered by the Health and Safety Act.
15)Where the Company agrees to carry out work on an
installation of inferior quality or of an age which in
the sole opinion of the Company is in excess of 10
years then the Company gives no warranty or
guarantee in respect of such works and accordingly
the Company accepts no liability in respect of the
effectiveness of such work.
16)Engineers work under their own Corgi/Gas Safe
registration and accordingly are individually
responsible for any and all Gas related work and
any subsequent liability.
17)The Company shall be entitled to fully recover its
costs and/or damages (on a full indemnity basis)
from any Engineer whose negligence or faulty
workmanship results wholly or in part in the
Company being made liable for those costs and/or
damages or rectification work.
18)These Terms and Conditions may not be released,
discharged, amended, supplemented or otherwise
changed, varied or modified in any manner
whatsoever except by an instrument in writing
agreed and signed by a Director of the Company.
These Terms and Conditions shall prevail over any
terms and conditions used by a Client or contained
or set out or referred to in any documentation sent
by the Client to the Company; by entering into a
contract with the Company the Client irrevocably
agrees to waive the application of any such terms
19)Title to all and any goods supplied by the Company
to the Client shall not pass to the Client but such
title shall remain with the Company until such time
as full payment of any invoice presented to the
Client by the Company shall have been made and
received in cleared funds by the Company.
Until such time as title in such goods is passed to
i)The Company shall have absolute authority to
repossess, sell or otherwise deal with or dispose
of all or any 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
without notice to enter any premises in which the
goods or any part thereof is installed, stored or
kept or is reasonably believed so to be.
iii)The Company shall be entitled to seek a court
injunction to prevent the Client from selling,
transferring or otherwise disposing of such
Notwithstanding and without prejudice to the foregoing the risk in such goods shall pass on delivery
of the same to the Client and until such time as title in such goods shall pass to the Client, the Client shall insure such goods to their full replacement value and the Client shall forthwith, upon request by the Company, provide to it a certificate or other evidence of such insurance.
20)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.
21)The Company shall only be liable for rectifying works completed by the Company and shall not be held responsible for any ensuing damage or claims resulting from this or other work overlooked or subsequently requested and not undertaken at that time.
22) Unless agreed in writing between the Company and the Client, the Client will be responsible for the removal from site of all waste materials resulting from any work undertaken by the Company on the Client’s site. Without detracting from the generality of the foregoing the term “ waste” shall include any hazardous materials.
These Terms and Conditions and all contracts between the Company and the Client shall be governed by and construed in accordance with the Laws of England and shall be subject to the exclusive jurisdiction of the English Courts.