07742 441660 sam@yarnoldheating.com

Yarnold Heating and Plumbing Ltd Terms and Conditions

  • Price

A. The price quoted is strictly net and is based on current costs of equipment, materials and labour.

B. Allowance has been made in the price for any old fittings and materials and these shall be removed by the contractor, and that any redundant equipment will be removed without allowance or charge, but that in the case of an existing oil fired installation, the oil tank will be disconnected, but the disposal of oil and the removal of the tank will be the responsibility of the Customer or will be removed by the Contractor for an additional charge.

C. The quote may be accepted at any time within a period of 30 days from the date of estimate and, if not accepted within such a period, shall lapse. In the event of the estimate being accepted within such a period of 30 days, the Contractor may, by giving notice to the Customer at any time up to 7 days before delivery, increase the price of goods to reflect any increase in the cost to the Contractor which is due to factors occurring after making of the estimate which shall be beyond the reasonable control of the Contractor provided that the Customer may cancel his Contract within 7 days in writing of any such notice from the Contractor.

D. The Contractor may make an extra charge in respect of any period of time during which he is unable to proceed with the work on account of delays which have arisen through no fault of his own.

E.The quote is based on the work being done during normal working hours (normal working hours are between 8.00 a.m. and 5.00 p.m. Monday to Friday and excluding Bank Holidays). If the Customer requires work to be done outside of normal working hours, the Contractor shall be entitled to make reasonable additional charges for the extra costs so incurred.

F. Unless otherwise stated, the Quote does not cover any work by other trades. If work by other trades is specified within the Quote, the Contractor reserves the right to nominate sub-contractors to effect the same at its discretion. Any disputes arising from such sub-contracted work will not be deemed to be reason for withholding payment for other work included in the quotation, including that affected by the Contractor and/or their other sub-contractors.

G. The Quote is given and the work undertaken by the Contractor on the understanding that all necessary licences, authorities or planning permissions, including the consent of the Landlord are first obtained and any costs involved covered by the Customer and that unrestricted access to the premises will be given by the Customer in order that the work may be undertaken. Any additional costs incurred by the Contractor as a result of this clause not being strictly observed, may result in an additional charge.

H. Any defects of deficiencies found in an existing building or flues or in an existing system which requires to be attended to for satisfactory completion of the Estimate works or to satisfy statutory requirements and not specifically referred to in the Estimate shall be the responsibility of the Customer. If the Customer arranges for any part or the whole of such work to be carried out by the Contractor it shall be the subject of a separate Quote or be charged as an extra on a time and materials basis. In the case of heating work, it shall be the responsibility of the Customer to ensure that all brick or stone flues are in good condition, and where it is necessary for a flue lining to be used, that the flue is free of obstruction and properly swept or cleaned before the insertion of the flue liner.

I. The Contractor shall take every care during the carrying out of the work but the Quote does not include renewing flooring or incidental re-decoration subsequent upon the proper execution of the work. In particular, the Customer shall remove or be responsible for all floor coverings, including carpets and lino. Unless otherwise agreed, the Contractor shall lift and re-lay softwood, tongued and grooved flooring as necessary. It is not always possible to avoid minor damage but the Contractor will make every effort to keep this to a minimum. The Contractor shall not be responsible for lifting and relaying hardwood or chipboard flooring.

J. All materials and equipment on the Customer’s premises, whether fixed or unfixed, and any labour charges accrued to fix any such equipment or materials are at the sole risk of the Customer and the Contractor shall not be responsible to replace equipment already installed or redo work already carried out by him which may have been destroyed, damaged or stolen in circumstances beyond the Contractor’s control. Notwithstanding this, the Customer shall be solely responsible for all losses or damage to the contract works and materials and equipment arising from fire however caused and shall indemnify the Contractor against such loss or damage. While pipe work and tanks installed in accordance with the specification in the Quote are installed as protected against frost damage, the Contractor does not accept liability for any damage to the system or property caused by adverse weather conditions or any consequential loss arising therefrom. The Contractor disclaims any responsibility for any damage arising from the condition of the premises or insulations therein. Connections to any existing pipework, fittings and fixtures of any type are made at the Customer’s risk.

 

  1. Drawings

Unless expressly otherwise stated, where drawings are submitted with this Quote they shall be for demonstration purposes only. They should not be relied upon by the Customer and they are not prepared to specifically show the type or precise position of construction or installation.

 

  1. Terms of Payment

A. Payment of the price and VAT as detailed in the invoice will be due on completion of the work and shall be made upon receiving the invoice unless otherwise arranged.

B. Any progress payments which will become due are detailed in the Quote. In addition to these, the Contractor has a right to call for a proportionate progress payment of 33% of the Quote price in the event of delay to the work caused by circumstances beyond the Contractor’s control. The Contractor also reserves the right to ask and receive a deposit before commencing any work.

C. Interest at 2.5% above the Contractor’s Bank’s current unsecured bank overdraft rate may be charged on overdue accounts.

D. The Customer undertakes to make any payment due hereunder in full without any deduction, offset or counterclaim whatsoever save in respect of any credit note issued to it by the Contractor.

E. The Contractor shall be entitled to set off against any sum due from the Contractor to the Customer on any account whatsoever any sum owed to the Contractor by the Customer whether or not the same shall have become due for payment and any claim or counterclaim which the Contractor may have against the Customer whether liquidated and whether jointly or otherwise.

 

  1. Completion

A. The Contractor shall make every endeavour to carry out the work within the period stipulated or if no period is stipulated within a reasonable time, but shall not be held responsible for any delay, loss or damage arising out of any cause beyond his control.

B. Because of changes in design or modifications by the manufacturers or through lack of availability the Contractor may not be able to supply the equipment originally specified. In such event, he shall be regarded as satisfactorily completing the contract if he supplies with the agreement of the Customer a satisfactory and reasonable alternative item and the price shall be adjusted accordingly.

C. The Contractor guarantees that all materials supplied by him will be of satisfactory quality and reasonably fit for the particular purpose for which they are purchased. This guarantee does not extend :

i) If the goods were examined by the Customer before fitting, to defects which that examination ought to have revealed; or

ii) to defects pointed out to the Customer before supply; or

iii) where the Customer does not or it is unreasonable for him to rely on the skill or judgement of the Contractor.

C. The Contractor guarantees that all goods and materials supplied by him, if ordered by description and/or specification, shall correspond to that description.

 

  1. Property and Materials

Title to and property in the materials shall remain vested in the Contractor notwithstanding their delivery and passing of risk to the Customer until the price of the materials and all other   monies owed by the Customer to the Contractor pursuant to any other account or contract   (whether or not the same is due for payment) has been paid discharged or satisfied in full.

 

  1. Risks

The Contractor shall be responsible for equipment, materials and labour supplied by him during the course of the work but shall not be liable to replace equipment already installed or redo work already carried out by him which may have been destroyed, damaged or stolen, in circumstances where he is not at fault.

 

  1. General Guarantee

A. The Contractor will make good any defects due to bad workmanship and repair or replace any defective materials or goods supplied provided that any defects are brought to his notice within 12 months of completion of the works. This guarantee does not extend to :

i) Any drawings or designs prepared by persons other than the Contractor or any suppliers and any extra work necessary caused by defects in such drawings or designs shall be charged as an extra under clause 1H on a time and materials basis or be the subject of a separate Estimate.

ii) Any loss or damage direct or indirect nor to any extra work entailed due to the apparatus being put into operation by the Customer or at his request before it is handed over for beneficial use.

 

iii) Any consequential loss or damage caused directly or indirectly by any defects in any articles or materials not manufactured by him except in the case of negligence or breach of contract.

These guarantees are given subject to the Sale of Goods Act 1979 and the Unfair Contract Terms Act 1977.

The Contractor undertakes to adhere to the Industry’s Code of Fair Trading Conciliation and Arbitration.