per hour, first hour
per hour, thereafter
per hour, first hour
per hour, thereafter
Contracts, boilers, bathrooms
subject to survey
For the purpose of these terms and conditions, the following words shall have the following meanings: “Us/We” shall mean Love Heating
“You” shall mean you, the customer (the person or organisation for whom we agree to carry out works and/or supply or materials)
“Our representative” shall be the person we send to you to do work.
JOBS ON HOURLY RATE
The total charge to you will be the time spent by our representative doing the work. It will include all reasonable time spent in obtaining materials. Parts and materials supplied by us will be charged at the trade price plus 15% handling charge.
We do not carry out fixed price work. We do provide a quoted total price that will include labour, materials and V.A.T. Quotations will need to be revised if you change the scope of the work, if there is an increase in the price of materials or if further works turn out to be needed.
Invoices are payable within 14 days of the date stated on the invoice. Invoices unpaid (in total or in part) will carry interest at 43% over the company’s banker’s base rate while any payment remains outstanding. If payment is not received within 14 days of the date stated on the invoice we reserve the right to refuse or decline to undertake any work for You.
We may at any time, and at our sole discretion, set a credit limit for credit control purposes (‘the Credit Limit’). The Credit Limit shall operate as a threshold allowed for the total costs outstanding, inclusive of unbilled charges and disbursements. When the Credit Limit is reached, we reserve the right to refuse or decline to provide any labour or materials to You.
We will make every effort to attend each job at the time and date agreed with you, according to our standard terms and conditions of sale. However, we cannot accept any liability for either arriving late, or not at all, and for the late delivery or failure to supply materials beyond our control, however, we will complete the work within a reasonable time.
You personally will be deemed our customer unless it is made clear to us who the customer is and we have confirmation that you have the right to instruct us on their behalf.
If you instruct us to do works or buy materials and then cancel, we reserve the right to charge you for the cost of any time and materials incurred by us. Charges will be those of our normal terms and conditions.
We give a twelve-month guarantee on labour and the duration of the manufacturer’s guarantee for all parts or equipment supplied by us. If you are not satisfied with our work, you must contact us, in writing, within 12 months of finishing the work and let us come and inspect the work and carry out the necessary remedial work at our expense. You agree that if you do not contact us within 12 months we shall have no liability. You agree to let our insurers inspect any works carried out by us.
Work, parts and equipment supplied to you: if they are misused, treated negligently or if our work is repaired, modified, or tampered with by anyone other than us.
Work using your materials as we can take no responsibility for the quality, fitness for purpose or otherwise of these materials.
Work you order us to carry out against the advice of our representative. This advice will be given to you either orally, or in writing.
If work is not completed for reasons due to you or if we indicate that further works need to be carried out.
Work on existing installations that are either inferior or over 10 years old nor can we guarantee the effectiveness or otherwise of the existing system.
TITLE TO GOODS
Goods supplied and delivered by us to you, or your premises shall remain our property until paid for by you in full. 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.
VARIATION OF TERMS
These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by our duly authorised representative and you. Our terms and conditions shall prevail over any terms and conditions used by you or contained, set out or referred to in any documentation sent to us by you. By entering into a contract with us you agree irrevocably to waive the application of any of these terms and conditions.
This agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
Each party acknowledges that, in entering into this agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this agreement.
Nothing in this clause shall limit or exclude any liability for fraud.
If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected.
If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
Any liability will be limited to the extent of our instructions and the services to be provided solely by Us. Our services will be provided to You. We will be reliant upon you for the accuracy of the information that you provide. We shall not be liable, in any event, for any indirect or consequential economic loss or damage (including loss of profits) suffered by you or any third party arising from the provision of our services. Our liability to you shall also be limited to that proportion of the loss or damage suffered by you which is ordered against us by a Court, or otherwise arises, after taking into account your contribution (if any) to the relevant loss and damage or that of any other person responsible and/or liable to you for such loss or damage. If you incur any expenses, damages, losses or liabilities whatsoever (including, without limitation, legal fees) in connection with or arising from the provision of services by us or as a result of any advice given or failed to be given to you and our liability to you as a result is established, our total aggregate liability to you under this engagement letter or otherwise shall in no circumstances exceed the sum of £2 million. Any limitation on our liability will apply only to the extent permitted by English law. Nothing in these terms shall exclude or restrict liability arising from fraud or reckless disregard of obligations. Any limitation does not apply to any liability for death or personal injury caused by negligence.
We shall not be held liable for any delay or consequences of any delay in performing our obligations if such a delay is due to any cause beyond our reasonable control and we shall be entitled to reasonable time extensions.
GOVERNING LAW AND JURISDICTION
These terms and conditions and all contracts awarded between us and you shall be governed and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Law.