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 discretion.

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 rates.

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 is non-chargeable.

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 chargeable, however:-

i) such time will be kept to a minimum and be reasonable.
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 collect materials.

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 and conditions.

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 the Client:

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 goods.

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.

Copyright © 2009- 2012, Worldwide Web Solutions | Privacy policy