Terms and Conditions
Introduction
For the purpose of these terms & conditions, the following words shall have the following meanings:
(a) “The Company” shall mean Flow-Right Heating & Gas.
(b) “The Customer” shall mean the person or organisation for whom the Company agrees to carry out works &/or supply materials.
(c) “The Operative” or “Engineer” shall mean the representative appointed by the Company.
Contract
The Company shall only be bound by quotations given in writing to the Customer & produced by a duly authorised representative of the Company. The Company shall not be bound by any quotations given orally or in which manifest errors occur. For the purposes of these terms, ‘in writing’ includes by email, text or hard-copy written quotation.
Acceptance of Work
Written quotations sent by email must be accepted in writing by e-mail.
The company may refuse any work at their discretion. The company are also not bound to provide any quotations, if they do not wish to carry out the subsequent works based on any grounds.
Payment Terms/Charges
We only accept BACS or cash payment.
On completion of the works, we will e-mail our invoice to you via our job management software. For customers without e-mail accounts, we will issue a hard copy invoice at the property on the day of completion.
Payment must be made within 5 working days.
If full payment is not made within this time, you agree to pay us interest at a rate of 5% above the Bank of England base rate on any payments not settled in accordance with these terms.
For call out works and repairs, the company charges a minimum 1-hour labour fee, regardless of work carried out or time spent on site. If, for any reason, the company are unable to carry out works during the allocated time on-site, the minimum 1-hour charge will still be applicable, plus the cost of any parts and materials and any additional labour time over that first hour.
Where a customer cancels a job on the date that the customer and company have agreed the works will be undertaken, or access is not granted on arrival to commence the works, the customer will be charged up to 50% of the total price of the job, at the discretion of the company.
Where the date and/or time for works to be carried out is agreed by the company with the customer, then the company shall use its best endeavors to ensure that the operative shall attend on the date and at the agreed time. However, the company accepts no liability in respect of the non-attendance or late attendance on site of the operative/ engineer or for the late or non-delivery of materials.
All invoices are due for payment within 5 working days upon completion of works.
If a job is complete, but there is snagging of any kind, the customer shall still pay 90% of the total invoice amount upon completion of the works. The customer should then allow the company sufficient and fair access to correct any snagging, the customer shall then pay the remaining 10% immediately upon completion.
Deposits may be required on larger jobs, or jobs that require special order or non-returnable items.
The company will not supply any guarantees, extended warranties or certificates, or any other documentation, unless the balance of the invoice has been satisfied completely.
Materials
Materials supplied by the customer to be installed by the company, but found to be incorrect/ unsuitable or faulty, and consequently not installed, will still be subject to a minimum charge to cover the engineer’s time.
Quotations
Any quotations supplied by the company may be withdrawn by the company at any time. If a quotation is not accepted by the customer within 30 days of issue, it will be assumed that the customer has rejected it.
All quotations are provided under the assumption that we will not encounter any unforeseen circumstances that may alter the quoted labour costs, or materials & parts costs, and therefore alter the final costs. Any situation such as this will be bought to the attention of the customer at the earliest possible time, and they will be notified of the quotation recalculations. In addition to these points, there are other times that the final cost may differ from the original quotation, such as:
- If the customer adds to works to be carried out, after the quotation has been supplied/ accepted.
- If the supplier increases the price of materials or parts, after the quotation has been supplied/ accepted.
- If it is discovered that there has been an error in preparation, after the quotation has been supplied/ accepted.
- If there are additional works required, in order to complete the project in its entirety, that were not foreseen when the initial inspection was carried out and quotation supplied. For example, if it transpires that there is asbestos present or other materials requiring specialist subcontractors.
- Only quotations in writing (including e-mail) will be firm. Verbal quotations will not.
When a customer accepts a quotation, it is assumed that they have the necessary permissions/ access for the company to carry out the work. If the company suffers any losses or penalties as a result of not having the necessary permissions, the customer will reimburse any and all of these charges.
Defects
All defects of workmanship must be reported to the company as soon as is reasonably possible and will be covered by the company’s workmanship guarantee for 12 months. This guarantee will only apply to work carried out and completed by the company that has been paid for in full. The customer must also allow the company reasonable time for inspection and repair.
The Customer accepts that if they fail to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.
If an inspection takes place and it becomes apparent that the defect is not the fault or responsibility of the Company, and is not as a result of our workmanship, the Company reserves the right to reasonably charge for the inspection and any works they are asked to carry out as remedial works, as per their standard charges.
The guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturer’s warranty/guarantee in force.
The guarantee will become null & void if the work or appliance that is completed or supplied by the Company is:
(a) Subject to misuse or negligence.
(b) Repaired, modified or tampered with by anyone other than a Company operative. The Company will accept no liability for, or guarantee suitability of; materials supplied by the Customer & will accept no liability for any consequential damage or fault.
Work is guaranteed only in respect of work directly undertaken by the company & payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the company will not be guaranteed.
The company shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out.
Limitation of Liability
It is the responsibility of the customer to ensure all furniture, fixings and fittings are protected before the engineer attends. It is also the responsibility of the customer to ensure safe and sufficient access to the area in which the engineer will work. The company accept no responsibility for any accidental damages caused to furniture, furnishings fixings or fittings, should an engineer need to move them to access the area in which he has been asked to work.
The Company’s liability is limited to:
- Liability for Personal injury or death resulting in the company’s negligence when on site.
- Reasonable and fair costs to repair any damages caused to customers property, should this be as a result of the company’s negligence.
- The company will not be held responsible for any damages or loss that occurs as a result of pre-existing defects or weaknesses within the property. If damage to brickwork or plaster is caused as a direct result of works carried out, it will be the company’s responsibility to make good. However, we cannot accept responsibility for any damage to wall coverings, tiles, carpets or other furnishings & Furniture as a result. This does not include brickwork, plaster, or any other aspects of the building or fixtures and fittings, which have to be disturbed in order to complete the works and it has been agreed between the company and customer that these will not be made good by the company on completion of the works.
- The company will not be held responsible or liable for any damage caused as a result of investigative work or repairs carried out whilst on-site. This includes, but is not limited to, any damages caused by the removal of tiles and tiling, all floor coverings, internal and external walls and their respective coverings, bathroom suites, panels and furniture, Ceilings and adjacent pipework.
Other Notes
The company will not be held liable for being unable to carry out the work contracted to them by the customer, due to forces beyond their reasonable control.
The company cannot be held liable for any frozen pipes, damage caused by frozen pipes, or the removal of any blockages or subsequent damage bought on by frozen pipes.
The company will not guarantee any works that they have advised against carrying out. Likewise, the company will not guarantee any works where the company has advised of any remedial works needed, either verbally or in written form, but this work has not been carried out. Where the Company agrees to carry out works on installations of inferior quality or over ten years old at that date no warranty is given in respect of such works & the Company accepts no liability in respect of the effectiveness of such works or otherwise.
The company is not liable for any loss, damage or subsequent repair of any existing pipework, fittings or appliances that are connected to the system to which we are attending, but which we do not directly work on. For example, existing radiators, radiator valves and pipework where a new boiler has been installed.
All Gas Safe engineers operate under their own Gas Safe registration, and as such are solely responsible for any gas related works, and any subsequent liability. The company is not liable for any such matters.
The customer shall be solely liable for any hazardous situations in respect of Gas Safe Regulations or Gas Warning Notice issued.
No engineer/technician or other member of staff will enter a property where there are only minors (i.e persons under the age of 18) present. Where minors are present, an adult (i.e. person aged over 18 and over) should be there at all times.
Should there be adults present when the member of staff enters the property, but the situation changes and for any reason, they are to leave the minor in the property alone, the member of staff will also leave at the same time.
Our website and its contents including all graphics, logos and other intellectual property remain property of the company and must not be copied, distributed or used in any manner other than is intended, without specific prior permission.
These terms & conditions & all contracts awarded between the Company & Customer shall be governed & construed in accordance with English law & shall be subject to the exclusive jurisdiction of the English law.
Your Statutory Rights are not affected.