-
In
these terms and conditions the following words
and expressions have the meanings set out
opposite:
“Company” Pace Heating & Plumbing having
its registered office at Unit 9 370 Ilford Lane,
London, IG1 2LZ
“Customer” the person or persons whose details
are set out in the order form or contract front
sheet
“Services” the services agreed to be provided by
the Company
“Goods” means all goods, parts and materials
provided by the Company to the Customer under
this contract.
-
The Contract, comprises the order form, these
terms and conditions and the Company’s
prevailing price list. No other terms,
representations, information or advice given
orally or in writing is of effect unless
referred to in the order form.
-
Hours of work & property
The work will be carried out during our normal
working hours Monday to Friday unless otherwise
stated. Those hours are 0800hrs – 1700hrs
Every care will be taken during working, but the
company’s services do not include :-
Removing or renewing carpets, floor coverings,
coverings, wall coverings, walls, other
surfaces, doorways and surrounds, mantle pieces,
hearths, fire surrounds, decorative items,
ornaments, pictures, electrical goods, and any
other fixtures, fittings, contents or other
items whatsoever, within or without, the
property to be worked in. This is the customers
responsibility.
Lifting of floor coverings & relaying tongued &
grooved flooring, Havills Maintenance Ltd,
cannot accept responsibility.
We are not responsible for decoration
where appliances have been removed, or boxing in
of pipes.
-
Guarantee/Complaints
4.1 The Company will carry out the services with
all due care and skill.
4.2 The Company shall at its option replace,
repair or refund the Price of any goods or
services supplied where it is proved to the
Company’s reasonable satisfaction that these are
defective, provided that:
a) the defect is notified to the Company
within 20 working days of the delivery or
installation of goods or services;
b) the Customer allows the Company to
inspect the alleged defect within 20 working
days of the report of the alleged defect;
c) the Customer has paid the Price in full;
d) no unauthorised repairs, alterations or
additions have been made to the goods;
e) the defect arises solely from the
Company’s design, work or materials.
4.3 The Company shall indemnify the
Customer:
a) against liability for personal injury or
death directly attributable to the
negligence of the Company; and
b) subject to clause 4.4 against physical
damage caused to the Customer’s property
directly arising from the negligence of the
Company in connection with the supply of
Goods.
4.4 The Company shall not be liable to
the Customer:
a) for loss of profits or other
consequential loss resulting from any
alleged breach;
4.5 The Customer acknowledges that the
price of the goods and services reflects the
limitations set out in clause 4.4.
4.6 No employee or director of the
Company shall be liable personally to the
Customer in any circumstances.
-
Overtime - out of hours:
All our prices above apply to normal working
hours from 08:00am to 17:00pm Monday to Friday
and excluding Bank Holidays and Weekends. Work
at other times will be undertaken, but will be
subject to overtime charges at the prevailing
rates set by the Company from time to time.
-
Gas Safety Inspections & Service
We will carry out a Landlord/Homeowner Gas
Safety Check and provide the customer with two
copies of the written and signed
Landlord/Homeowner Gas Safety Record. A Gas
Safety Check is as defined in the Gas Safety
(Installation and Use) Regulations 1998.
Landlords, Letting Agents and Homeowners should
be aware that a Gas Safety Check is not the same
as having an appliance serviced.
However the company will always service two of
the appliances within the pricing scheme
specification Normal servicing prices shall
apply if further appliances require servicing.
-
Appliance Service
We will service domestic gas appliances in
residential property. We will follow, where
possible, the manufacturer’s user, installation
and servicing instructions and we require
customers to provide us with copies of these
instructions before undertaking any work. In the
absence of manufacturer’s instructions the
customer may be asked obtain a copy of the
instructions from the manufacturer and we will
charge the customer £10.00 for so doing, and/or
call the manufacturer’s telephone helpline to
obtain the data required and charge the customer
£5.00 for so doing.
The cost of servicing an appliance that is in
full working order and is capable of passing all
aspects of a Landlord/Homeowner Gas Safety Check
as defined in the Gas Safety (Installation and
Use) Regulations 1998. If an appliance
is found not to be in full working order upon
arrival at the customer’s property, the visit
will be treated as an On Demand Call Out and
charged accordingly.
-
On Demand Call Outs & Repairs
We will call out on demand to breakdowns and
repairs of domestic gas appliances.
The company will endeavour to repair the fault
1st time, but where we are called backed to a
repair, we reserve the right to charge for a
re-visit, we will charge subsequent time at
additional hourly rates plus further materials.
If any parts/materials/consumables are required
during the service/breakdown these will be
charged for at the prevailing retail price in
addition to service or on demand call out
charge.
-
Obtaining Spare Parts and Consumables
-
During the course of the work that we
undertake for a customer, it may become
apparent that spare parts are required to
affect a repair. Where possible we will use
spare parts from our service vehicle.
However, if we are required to travel to a
local supplier to obtain the parts we will
charge the customer for the time taken to
travel to and from the supplier at the
prevailing hourly rate. This charge will
only be used if the parts are not available
on the vehicle and the customer/Landlord
insists on completion of the job same day
providing the parts are in stock.
-
When ever possible, replacement parts or
components will be the same or of the same
level as the parts being replaced. Although
no responsibility can be taken for any
delays in the provision of components or
parts by suppliers.
-
Additional costs incurred in postage or
delivery of parts will be passed on to the
customer.
-
Warranty:
New spare parts used are guaranteed for one year
from the date of fitting. New products covered
by Manufacturers individual warranties, Warranty
for 12 months against faulty installation.
-
Estimates & Quotation
The customer will have 21 days from the date of
any estimate/quotation within which to accept.
The price quoted/estimated will be held for 42
days from day of acceptance to allow for
completion of work. Should the customer need to
extend this period then it may be necessary to
re-quote for this work.
-
Gas Leaks and Escapes
We will call out to gas escapes on domestic
properties; this work includes locating the
escape and repairing the problem and is charged
at the nnormall call out rates rate. Emergencies
ring Transco.0800 111 999
-
Parking
Due to the increased zone, disk parking &
residential parking etc, customers must provide
a reasonable parking or have made provisions to
park our vehicle, any parking charges incurred
will be passed on to the customer.
-
Power Flushing
Where power flushing of a central heating is
deemed necessary, the customer accepts
responsibility for the possibility that a system
(including radiators) that has already been
damaged by corrosion may in some limited cases
be further damaged by the power flushing process
itself. We take every possible precaution to
prevent such damage, however, if a radiator for
example already has severe internal corrosion,
power flushing may result in pin hole leakage
from the radiator due to the increased pressure
associated with the flushing process.
-
Decoration / Accessibility
If boiler, controls, pumps and associated
controls etc, cannot be accessed safely, or is
impossible or impractical to maintain because of
its position, decoration, flooring & panelling
etc. Then provisions and accessibility must be
provided by the Owner / Landlord./Customer
-
Quality & Customer Satisfaction
Periodically work will be checked, customers
will be surveyed and visited to ensure
satisfaction and quality. We are always looking
to improve our products and service.
-
Value Added Tax:
All our prices are exclusive of VAT and VAT will
be charged in addition at the prevailing rate
(currently 17.5%)
-
Payment Terms:
The price shall be determined by the engineer
attending the Customer in accordance with the
Company's current price list. Or the price shall
be determined by the estimate supplied to the
Customer by the Company providing that all
Products, Materials and Services outlined in the
estimate have been supplied. The Company will
charge separately for any additional Products,
Materials or Services supplied to the Customer,
which are not detailed on the estimate.
-
Charges and Interest:
Payment of the Price and VAT shall be due at the
time of the work being completed unless
authorised in writing by an employee of the
Company wherein the Price and VAT will be due
within 30 days of the date of the Company's
invoice.
The Company reserves the right to charge an
administration fee on overdue invoices to cover
administration and collection of the debt. The
administration fee will be of £10.00 and 15% per
annum interest of the original invoice date to
date of payment. The Customer shall pay all
accounts in full and not exercise any rights of
set -off or counter claim against invoices
submitted by the Company.
For Private Customers including Landlords,
payment of invoices is due on the date of our
invoice and should be paid by immediate return
using a cheque made payable to Havills
Maintenance Ltd . This payment is required
irrespective of whether a Landlord/Homeowner Gas
Safety Record has been issued with all gas
appliances or the gas installation safe to use.
Landlord/Homeowner Gas Safety Records will not
be signed and issued until full payment has been
received. We may ask you to pay the price of the
Gas Safety Inspection & Service or Appliance
Service or On Demand Call Out in advance and
before we complete our work. We will then ask
you to pay the balance of any additional
Remedial Work before we issue a certificate. We
reserve the right to revoke any certification
should satisfactory payment not be received.
For Letting Agents We reserve the right to
revoke any certification should satisfactory
payment not be received. Our Contract for
payment is with the Letting Agent concerned and
not with any client of the Letting Agent. Our
payment terms exist irrespective of whether
there is money available in the accounts of the
clients of the Letting Agent.
-
Retention of Title
Title to all Goods supplied by the Company is
retained by the Company until payment in full
for the price of all Goods and Services supplied
by the Company to the Customer. The Customer
holds the Goods as the Company’s fiduciary agent
and bailee.
The Company may at any time, if payment is
overdue enter the Customer’s premises for the
purpose of recovery of the Goods and all costs
and expenses reasonably incurred by the Company
in connection with that recovery shall be paid
by the Customer.
To the extent that Goods have been incorporated
into other goods owned by the Customer or some
third party, the product becomes or shall be
deemed to be owned in common with that other
person.
-
Intellectual Property Rights
All copyright, patents, trade secrets and other
proprietary and intellectual property rights in
the Goods remain at all times vested in the
Company
-
Termination
The Company has the right to terminate the
Contract with immediate effect if:
-
the Customer defaults in payment on its due
date of any sum due under this agreement or
commits any continuing or serious breach of
this Contract; or
-
any of the following events occurs:
-
distress or execution is levied against
any of the Customer’s assets and is not
paid or discharged within seven days; or
a judgment against the Customer remains
unsatisfied for more than seven days; or
a receiver is appointed with respect to
any of the Customer’s assets; or
-
a petition is presented for the winding
up to be made in relation to the
Customer, or a resolution passed for the
winding up of the Customer; or
-
the Customer is declared bankrupt; or
-
the Customer suspends or threatens to
suspend payment of its debts or is
deemed unable to pay its debts for the
purposes of section 123 Insolvency Act
1986; or ceases or threatens to cease to
carry on its business or any material
part as a going concern;
-
C. on termination of this Contract for any
reason:
-
the Company shall be discharged from any
further liability to perform under this
Contract;
-
the Customer shall pay the Company on
demand for all work performed by the
Company for the Customer prior to
termination; and
-
the Company is granted an irrevocable
licence to enter the Customer’s premises
to recover any Goods or other materials
on the Customer’s property.
-
Force majeure
The Company shall not be liable in any way for
any failure to perform its obligations or for
loss damage or delay incurred by the Customer
resulting from any circumstances beyond the
Company’s reasonable control.
-
Governing Law
This Contract is in all respects governed by
English law.