In this document the following words shall have the following meanings:
1.0 For the purposes of these terms, “in writing” includes by email and any document which is set out in a hand held device and any signature on a hand held screen shall be treated as in writing.
“Contract” means the agreement between the Customer and the company to carry out the works of which these terms form a part and (where these terms are a schedule to a signed agreement between the Customer and the company (“the Agreement”)) the Agreement, “Works” means the works described in the company estimate or any other document or email issued by the company, as may be varied by agreement in writing between the parties.
In these terms and conditions (which are referred to in this document as “these terms”), the “Customer” means the customer for whom the works are to be carried out by Gasteam Ltd, and the “Company” means Gasteam Ltd or, wherever the case may be, a sub-contractor or representative of the company carrying out business pursuant to a Subcontract Agreement entered into with the company.
1.1 “Customer” means any person who purchases Goods and Services from Gasteam Ltd
1.2 “Goods” means the articles specified in the Proposal;
1.3 “Proposal” means the statement of work, quotation or other similar document describing the Goods and Services to be provided by Gasteam Ltd attached to these Terms and Conditions
1.4 “Services” means the services specified in the Proposal;
1.5 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by Gasteam Ltd
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by Gasteam Ltd to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by Gasteam Ltd
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which Gasteam Ltd may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
3. THE ORDER
3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of 30 days. No contract between Gasteam Ltd and the Customer shall come into force until the Customer has accepted the Proposal.
3.2 The Customer shall be deemed to have accepted the Proposal by placing an order in writing with Gasteam Ltd (“the Order”) within the period specified in Clause 3.1.
3.3 All Orders for Goods and Services, whether verbal or in writing shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
3.4 Gasteam Ltd reserve the right to withdraw or amend any quotation without notice before acceptance of the Proposal has been received from the Customer.
3.5 On acceptance of the Proposal Gasteam Ltd will order the Goods as detailed in the Proposal. If subsequent to this order being placed the Customer cancels the Order the Customer will be liable for any costs incurred by Gasteam Ltd in the proper performance of the Order for Goods or time to that date.
3.6 The person giving instructions to Gasteam Ltd or ordering work or materials will personally be deemed to be the Customer unless it is made clear to Gasteam Ltd who the Customer is.
4. PRICE AND PAYMENT
4.1 Any prices or rates advised are subject to VAT at the prevailing rate.
4.2 All invoices are due for payment immediately upon completion of works / delivery to the customer.
4.3 All appointments made for works to be carried out (including fixed price works and estimates) with the company are done so with payment due immediately upon completion / delivery of invoice.
4.4 Where prior written agreement has been arranged for Account Customers with the company, full payment is due within 14 days of the completion of works and delivery of invoice.
4.5 Where any services or works provided by the company is subject to snagging, the customer agrees to make payment of 95% of the total invoice amount immediately following completion of works. The customer must then provide the company access without delay to allow the snagging to be finalised and completed. Payment for the remaining 5% balance will be due following completion of the snagging by the company, or within 14 days of the invoice date should access not be made available – whichever is sooner.
4.6 Where the customer is represented by a third party person(s) or agent(s) (such as a managing agent, landlord, tenant or other occupier, friend, family, contractor or other representative), in the event of non-payment by the customer, the third party will be responsible for full payment unless the company has agreed otherwise in writing prior to any works commencing.
4.7 For any late payments whether in part or in full of an invoice to the company, will be subject to the daily interest rate of 3% over the base rate, until the payment in full is received by the company.
4.8 The company will be under no obligation to provide or issue any guarantees, certificates or other similar documents to the customer for works, unless payment has been made and received in full. This does not affect your statutory rights.
5.1 The date of delivery specified by Gasteam Ltd is an estimate only. Time for delivery shall not be of the essence of the contract and Gasteam Ltd shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
5.2 All risk in the Goods shall pass to the Customer upon delivery.
5.3 Where the Goods are faulty or do not comply with any of the contract, the Customer must notify Gasteam Ltd within 1 day of delivery and the Customer shall be entitled to replacement Goods. After 1 day the Customer shall be deemed to have accepted the Goods and shall not after that time be entitled to reject them.
5.4 The Customer shall make all arrangements to take delivery of Goods whenever they are tenderd for delivery
6.1 The Company will carry out the services with all due care and skill.
6.2 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.
6.3 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
7. 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.
8. 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.
9. Boiler Installation
A system flush following a boiler installation is a basic system flush and is not a substitute for a Powerflush that is required if you have existing problems with sludge and circulatory problem.If you need a deeper clean, we will recommend you buy a PowerFlush which is fitted to the central-heating system. Once you have a PowerFlush completed by us our engineer will also tell you what other work is needed to avoid future problems. We may suggest you correct any design faults that may cause the problem to return.
Where we have connected new equipment i.e. a new boiler, to your existing system, we cannot accept responsibility for the cost of repairing or replacing parts of your existing system that is found to be faulty or that later develop faults, unless we have been negligent in not realising that this damage to your existing system would happen or unless the way we carried out the work was negligent and this caused the fault.
10. 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. IMPORTANT NOTE: A powerflush will not remove blockages.
11. 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
12. Retention of title
Goods supplied and delivered by us to you, or your premises shall remain our property until paid for by you in full. Whilst goods remain our property (we continue to have title over them) we have the absolute authority to retake, sell or otherwise dispose of all or any part of these goods. At any time and without notice we shall also be entitled to enter any premises in which our goods, or any part of them, are installed, stored or kept or it is reasonably believed to be so. We shall be entitled to seek a court injunction to prevent you from selling, transferring or otherwise disposing of such goods. However, the risk in the goods will pass to you on delivery to you. You must insure them at replacement value and if asked you must produce evidence that they are properly insured
13 Order Confirmation,
if you confirm that you accept our estimate and agree a time and date to carry out the work, in the event of cancellation, you agree to pay us for all materials already purchased for the job plus out 30% handling fee. You are responsible for making sure that everything is ready for us to start work at the agreed time and date, if it is impossible for us to start work at that time we have the right to charge for up to two hours work as a cancellation charge.
We Undertake to carry out the work specified for the amount quoted, subject to the following terms and condition.
14. Work is Guaranteed only in respect of work undertaken by the company. We are not responsible for existing works carried out by other firms or people. Any non-related faults arising from third party work or pre existing faults will not be guaranteed.
15. We will carry out all the work during our normal business hours, which are 8:00am to 8:00pm, Monday to Friday. If you want us to work outside our normal working hours, it may be necessary for us to make an additional charge which we will agree with you in advance.
16. The time estimate provided for doing the work is our best estimate and we will make every reasonable effort to complete the work on time. However, we cannot be held responsible for delays due to weather or other circumstances beyond our control. In such situations, we will revise with you the time estimates we originally provided.
17. We may require you to take up all or some carpets and floor coverings, including tongue and grooved, parquet hardwood, rubber or tiled floors, before we start the work and we will give you as much notice as possible if we need you to do so. You may decide to call a specialist contractor to do this work for you. Alternatively, it may be possible for us to do this work for you at a cost which we will agree in advance. It will be your responsibility to replace the flooring when the work is completed.
18. We will take reasonable care to carry out the work without causing unnecessary damage to your property. While we will make good unnecessary damage directly caused by our negligence, you accept that the installation and related work may cause damage to finishings both internally and externally and that certain areas may need redecoration following completion of the installation. Redecoration will be your responsibility and is not included in the quoted price.
19. If you are a tenant, you may need your landlord’s permission to carry out the work detailed in the quotation. In the absence of your advice to the contrary, we will assume that you have made enquiry and obtained permission where required. We shall not have any liability for unauthorised works and you indemnify us for any losses howsoever arising that we incur from your failure to obtain such permission.
20. If your property is a listed building, you may need planning permission to carry out the work detailed in the quotation. In the absence of your advice to the contrary, we will assume that you have made enquiry and obtained permission where required. We shall not have any liability for unauthorised works and you indemnify us for any losses howsoever arising that we incur from your failure to obtain such permission.
21. It is your responsibility to ensure before we start the work, that there is adequate gas and electricity supply to your property as required. If necessary, we can put you in touch with a gas or electricity transporter to arrange this.
22. 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
The Company has the right to terminate the Contract with immediate effect if:
23.1the 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
23.2 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;
23.3. 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.
24. 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.
25. Governing Law
This Contract is in all respects governed by English law.