“The company” is Neat Heat Services Limited trading as Synergy Heat its authorised employees and agents. “The customer” is the person to whom the quote is addressed, their principal or agent, property owner and occupier. By proceeding with the work outlined in the quote the customer agrees to be bound by the quote, Terms and Conditions and Payment Terms.
1. Together with the quote, these Terms and Conditions and Payment Terms shall form the whole of the contract between the company and the customer, subject to any written amendments or additions thereto. Other than the acceptance of this contract, which constitutes either the customer’s written or verbal acceptance which permits the commencement of the quoted work, the customer warrants that no representations, other than as therein set out, or other verbal representations not confirmed in writing, will be deemed valid under this contract.
2. If any delay or restriction arises in commencement execution or completion of the contract work for any reason whatsoever beyond the control of the company then in addition to the contract price the company shall be entitled to be paid all additional costs of materials, labour, overhead and additional expenses arising.
3. Design details and drawings prepared and/or provided by the company shall remain the property of the company in whom copyright shall be vested.
4. If the customer shall at any time prior to completion of the contract work be in breach of the terms hereof or shall purport to cancel or revoke this contract, then in every event the company shall be entitled to be paid the following sums:
a. All costs and expenses incurred by the company in the preparation and design of the installation.
b. The cost of all materials and equipment delivered to site.
c. The cost of all work done, and labour costs incurred.
c. Liquidated damages for loss of profit.
5. The customer agrees that that the company will be entitled to charge the customer an hourly labour rate of £37.50 excluding VAT for any work that fall outside of the scope of this contract plus the cost of all materials and equipment delivered to site.
6. The company will endeavour to clear away from the customer’s premises without allowance or charge all disconnected materials and packaging other than hazardous materials and packaging, such as oil storage tanks and electric night storage heaters. This excludes equipment to which access for removal is restricted. This representation is given by the company in good faith shall not be binding upon the company.
7. No liability shall attach to the company for delay in the commencement execution or completion of work howsoever caused and any approximate starting or completion dates while given in good faith shall not be binding upon the company and time shall be of the essence of the contract only in so far as payment is concerned.
8. Acceptance of the quote constitutes a warranty and representation by the customer that they have complied and will comply with every applicable statute order in counsel regulations or direction byelaw or other lawful requirements or instruction whether of the Government of any Local or other lawful Authority and in particular that they have lawfully obtained every necessary authority licence permit or consent that is or may be required in connection with the contract work.
9. The customer should be aware and take full account of the requirements of the current Building Regulations and it is assumed that any additional work required to so conform with these Regulations not contracted by the customer to the company will be undertaken by the customer separately. Similarly, the customer should be aware of the requirements of the latest edition of the IEE Wiring Regulations and make separate provision to comply with all the requirements of these Regulations including the final earthing and cross bonding of equipment not included and specified within the Terms of this contract with the company.
10. It is assumed that a minimum mains water pressure of 2 Bar will be available from the existing incoming supply for the proper working of the new installation. Any failure to provide such a minimum pressure will remain the responsibility of the customer who hereby agrees to meet the cost of any necessary water boosting system. It is further assumed that any existing hot and cold water service, pipework, taps, ball valves, showering equipment and other plumbers’ brassware will be suitable, where necessary, for connection to the cold water main and operate effectively under the local working pressure. Any pressure regulation device which may be required, or modification to existing equipment, to decrease or increase pressure will remain the responsibility of the customer. It is also assumed that all primary circuit heating equipment, connected to a new appliance, including pipework, radiators and valves is in sound condition and will be capable of operating without defect at a working pressure up to 5 Bar.
11. It is assumed that the customer’s existing plumbing or other equipment conforms to the manufacturer’s instructions for all new materials and equipment that the company are contracted to install. Any modification work that is required to bring the customer’s existing plumbing or other equipment into conformity will be the responsibility of the customer who hereby agrees to meet the cost of any necessary modification work.
12. All materials and equipment on the customer’s premises whether fixed or unfixed shall be the customer’s responsibility and in the event of any such goods being damaged destroyed or stolen the customer shall pay to the company the full value thereof together with the cost of any work damaged destroyed or lost and the cost of replacing any such materials and of reinstating or restoring any such work shall be paid by the customer.
13. Notwithstanding the provision of Clause 11 hereof the customer shall be solely responsible for all loss or damage arising from fire howsoever caused to the contract work or to materials fixed or unfixed or the customer’s premises or property and shall indemnify the company against such loss or damage.
14. All materials and equipment whether fixed or unfixed shall remain the property of the company until full payment of the contract sum has been made by the customer to the company. Non-compliance with the terms of payment will entitle the company to full recovery of the materials and equipment used for which purpose the customer hereby authorises the company, their servants or agents to enter into and upon any premises occupied or in the control of the customer in which the materials and equipment may be and to detach and remove the said materials and equipment without being liable to any action claim or proceeding at the suit of the customer or any person claiming under or through the customer.
15. The company shall not be liable for any subsequent damage to the work or customer’s premises, or property caused by adverse weather conditions, e.g. frost.
16. The quote assumes
a. that work can be undertaken by the company without interruption or delay by the customer, their agent, other trades or any third party or event beyond the control of the company including lack of adequate water gas or electrical supplies and should any such delay occur the company shall be entitled to immediate and full payment of the whole balance of the contract sum otherwise in accordance with the terms of payment following which the company will thereafter complete the installation work as soon as the customer provides the necessary access or facility. Should the gas pressure from the street or meter be found to be insufficient upon completion, the company will be unable to complete the installation and the customer should refer the matter to the local gas supplier to investigate.
b. that any existing system or equipment is in good working order and that pipework may be readily drained down, refilled and vented. No responsibility is accepted for the effective working of the existing system or any component part thereof and any condition or warranty expressed or implied is restricted to the new equipment detailed in the specification thereof by the company.
c. that if the company is to carry out work associated with the chimney, the customer shall arrange for the chimney to be swept before work commences and if, in an existing chimney, free passage for the lining material is obstructed for any reason whatsoever, then the customer shall meet the cost of clearing the obstruction or of any modification or addition to the work described in the quote. Safe access to install flue lining or other equipment should be available from a builder’s ladder and if scaffolding, or other special means of access, is necessary, then the cost thereof will be chargeable as an extra. Any structural defect in the condition of the chimney or any blockage thereof however caused, is the sole responsibility of the customer and shall be repaired at the customer’s expense prior to commencement and/or during work.
d. any damage caused to carpets, lino and other floor coverings howsoever caused shall be the responsibility of the customer and no liability shall attach to the company.
e. that any asbestos related work, including the removal or isolation of asbestos materials, will be dealt with separately by the customer who shall be responsible for the cost and employment of a specialist licensed contractor to identify, encapsulate or remove any such materials prior to the commencement of these contract work.
f. that we do not accept responsibility for any existing leaking or defective pipework, including pipework or components that leak when a system is converted to mains pressure as part of any of the work carried out by the company, and including flushing existing systems.
17. The customer shall be responsible for making good or decoration to radiators, pipework, walls, ceilings, floors, linen cupboards etc. and chasing in or boxing in pipework and wiring, unless otherwise specified in the quote.
18. No additions or alterations will be made to plumbing services except as specified in the quote.
19. The company will lift and re-lay normal softwood squared-edged floorboards. Any necessary renewal of floorboards is excluded. The customer will, where necessary, arrange for a specialist contractor to renew floorboards, lift and replace tongued-and-grooved sheet and laminate flooring, hardwood floors, parquet, rubber, tiled or other special floor surfaces.
20. Where insulation and/or other work is to be carried out in the loft space the customer will clear all areas of stored material and ensure that free access is available.
21. The models, sizes, description and location of radiators, boilers, cylinders, superficial pipework, controls and other equipment must be agreed by the customer in advance and carefully checked by the customer prior to the commencement of work. Any alterations required after commencement of work shall be at the expense of the customer.
22. The company offers advice on product and material choices in good faith based on the information that is available to it. The final decision on all product and material choices is to be made by the customer. As such, the customer accepts that the company will not be liable for any issues arising from such.
23. Where pipework is required to be laid in floor screeds, a suitable chase and purpose-built floor duct, with removable cover, must be provided by the customer and the customer shall, when reinstating such chases, take full account of the insulation and thermal expansion requirements of the pipework and should comply with all building and water authority regulations.
24. The company shall not be liable for any damage caused to floors, walls, ceilings, carpentry etc. by the disturbance or removal of existing pipework or other equipment.
25. Public liability insurance is maintained for any accidental damage to property caused by the company, or its employees, and this cover is extended to the customer in full, subject to any Conditions and Exclusions set out in the Policy, full details of which are available on request and deemed to be incorporated herein.
26. Other than in so far as such claim may be covered by insurance the company’s liability for any loss or damage howsoever caused shall be limited to a maximum sum not exceeding the invoiced price of the contract work excluding VAT.
27. If the customer does not make payment in full of the monies due under this contract, including any additions or variations to the work, the new installation will not be guaranteed by the company.
Payment Terms
28. The company reserves the right to require 25% of the contract price to be payable on order. The company also reserves the right to require interim payments. The customer agrees to make these payments when requested to do so by the company. The company reserves the right to cease its work until it has received all interim payments that it has requested. If any delay is to occur, the company shall be entitled to immediate and full payment of the whole balance of the contract sum otherwise in accordance with the terms of payment following which the company will thereafter complete the installation work as soon as is feasible.
29. The balance, including any additions or variations to the work, is payable upon delivery. Delivery is deemed the point at which the invoice is issued to the customer and beneficial use of the installation is made available by the company to the customer. Any failure to comply with these terms will incur the addition of 10% compound interest per month or part thereof on the total of any sum outstanding.
30. Should remedial work be required following completion of the substantive contract work and commencement of beneficial use by the customer, this will be carried out free of charge following payment in compliance herewith.
31. All payments should be made by bank transfer to the company’s nominated bank account. Alternative payment methods must be agreed in writing prior to work commencing.
