1. The Contract is formed when the Customer signs the Contract through the Company’s JotForm electronic
document signature system.
2. These Terms and Conditions and the Contact Details apply to the Contract to the exclusion of any other terms that the Customer may seek to impose or incorporate, or which are implied by the law, trade custom practice or course dealing.
3. No variation of the Contract shall bind either party unless such variation is made in writing and signed by both parties. The Company, having discussed with the Customer the requirements for the installation of the Product, may need to carry out a survey to take detailed measurements and/or specifications and any Contract is subject to the surveyor’s report and findings. The Company reserves the right to decline the work detailed on the Contract should its surveyor(s) think fit to do so. Should this action become necessary, the liability of the Company in these circumstances is limited to the refund of the Deposit, if any, paid by the Customer and these sums will be returned as soon as is reasonably practicable and in any event within fourteen days of the Company notifying the Customer in writing that it is declining the work.
4. Any changes in the Product or any associated materials and/or specifications from those detailed in the Contact Details will only apply when supported by the Company’s amendment forms which must be signed by both parties – i.e. the Company and the Customer.
5. Delivery/installation timescales and any delivery dates specified in the Contract Details are approximate only and shall be deemed to commence with effect from the settlement of all details of the Contract and receipt of payment of any deposit where applicable. Time shall not be deemed to be the essence of the Contract.
6. The Company shall not be liable for delays or failures to comply with its obligations under the Contract arising from circumstances beyond its reasonable control including but not limited to fires,
strikes or lockouts, pandemics, epidemics, extreme weather conditions, storms, unavailability of parts from subcontractors and suppliers or failure of the Customer to permit reasonable access to its property and any water, electricity or gas supplies necessary for the purposes of the Company delivering and installing the Product.
7. The Company will carry out the work during normal working hours Monday to Friday but may on occasion need to use a reasonable amount of overtime to achieve completion. It is a condition of the Contract that your approval to such overtime is granted although theCompany will endeavour to minimise any disruption or inconvenience. Should any overtime or unsocial working hours be specifically requested by you, other than any special arrangement charged for and agreed on the Contract Details, it may be necessary for us to add extra costs and these will be explained at that time and prior to the overtime or unsocial working hours commencing and, by agreement between you and us, will be either added to the price specified in the Contract Details (“Price”) and the Contract Details amended accordingly, or invoiced separately by us and payable by you within 2 working blanks days of the date of such invoice. The Company will need access to the relative property at all reasonable times whilst the work under the Contract is being executed and would expect free use of water, electricity and gas to enable it to complete the work in accordance with this Contract.
8. Title to and ownership of the Product shall pass to the Customer upon successful installation of the Product which is deemed to have occurred when the Company’s installation engineer leaves the delivery location as specified in the Contract Details (“Delivery Location”).
9. In consideration of the supply and installation of the Product the Customer shall pay the Price as specified in, and in accordance with the payment terms specified in, the Contract Details. When payments are, in accordance with the payment option selected by the Customer on signature of the Contract, made to the Company’s agents or representatives, the Customer must retain a copy of the receipted invoice which shall be provided to the Customer upon receipt of any such payment by the Company.
10. If additional or remedial work is necessary, to be undertaken to the Product other than due to a defective installation by the Company within the scope of our warranty policy which is detailed in Section B or repair or maintenance work under the terms of the manufacturer’s warranty where the Company carries out such work on behalf of, and is paid by, the manufacturer, the Company reserves the right to charge the Customer separately and this will be at the rate of £65 per hour, payable immediately on receipt of the Company’s invoice and the Customer hereby confirms that it will allow the Company, its agents and sub- contractor engineers access to the Delivery Location to undertake this additional or remedial work.
11. If the Customer has entered into a Credit Agreement via the Company’s nominated finance providers, the terms of their agreement will apply as part of and will take precedence over any terms to the contrary within this Contract. If the Credit Agreement is later cancelled, then subject to the terms of the 1974 Consumer Credit Act, the full Price less any payments already made by the Customer will become immediately due and payable. This does not affect your statutory rights.
12. In the event of suspension or cancellation of the work at the request of the Customer, or lack of instructions or delay on site caused by matters within the reasonable control of the Customer, any extra expenses thereby incurred, or losses suffered by the Company shall be chargeable to the Customer along with a reasonable addition for administration and overhead costs. This condition shall not be construed as to affect any statutory or common law rights of the Customer.
13. It is the Customer’s responsibility to ensure that any licence, permit or other authority necessary for the execution of the work is obtained and that existing property boundaries are correctly defined.
14. Whilst every care will be taken by the Company it accepts no liability for any damage to plaster work, decorations, flooring, etc. which may be consequent upon the carrying out of the work detailed, unlessspecifically provided for in the special terms and arrangements section of the Contract Details. Cuts or holes made to allow for equipment will be made good but not permanently finished or re-decorated. Floorboards will be re-instated or replaced where necessary but special and/or laminated floors cannot be permanently re-fixed. Any carpets which must be lifted will be re-laid to the best of our engineer’s ability, however the Company cannot be held responsible for carpets which have been nailed or glued down. It should be anticipated that an amount of re-decoration may be required, and this will be the Customer’s responsibility and is not included in the Price and does not form part of the Company’s obligations under the Contract. Similarly, the Company accepts no responsibility for damage which is attributable to structural defect or weakness unless such damage results from negligence on the part of the Company, its employees, subcontractors or officers. Nothing in the Contract is intended to, or shall have the effect of, limiting or excluding the Company’s liability for personal injury or death caused by its negligence, fraud or fraudulent misrepresentation, breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be legally excluded.
15. The Company’s Customer Service Team: [0330 002 1171] will do their best to resolve any problems you have with the Product or the installation services we provide as per our Complaints policy:
Putting things right for you – How we handle complaint
What will happen next……If you are not happy with our service or think we have let you down, please let us know. We will then do everything we can to put things right for you. How to let us know you have a complaint Contact us at: Email us at email@example.com and title your email “COMPLAINT” • Call us on 0330 0021171* •
Write to us at: Gas Call Services, Unit 11 Easter Park, Baker Rd, Cramlington, NE23 1WQ We aim to resolve most complaints within eight weeks We will try to sort things out for you as soon as we get your complaint. If we cannot, we will send you an email or letter within five days to let you know we are looking into your issue. We will try and do this as quickly as possible. If your case is complex or involves several issues, we may need some time to get to the bottom of things. But we will be sure to keep you up to date, by phone, by email or in writing. Within eight weeks, we will send you our decision about your complaint or explain why we’ve yet to reach one. We hope our final decision helps to resolve things for you. But if you are not happy with it or if it has taken over eight weeks to sort things out, you can refer your complaint to the Financial Ombudsman.
It is a free and independent service, which can help settle disputes between customers and companies that offer financial services, like us. If you would like to contact the Financial Ombudsman, please make sure you do so within six months of our final response. How to contact the Financial Ombudsman Write to: The Financial Ombudsman Service Exchange Tower complaint.info @financial-ombudsman.org.uk If you are not happy with the Financial Ombudsman’s decision, you retain the right to go to court. However, if you and/or the court accept the Ombudsman’s decision, both you and we must follow it. You can find further details about the Financial Ombudsman Service in the leaflet we will send you with our final decision or on their website: financial-ombudsman.org.uk
16. These terms are governed by English law and wherever the Customer lives they can bring claims against the Company in the English courts. If the Customer lives in Wales, Scotland or Northern Ireland, they can also bring claims against the Company in the courts of the country in which they live. The Company can claim against the Customer in the courts of the country in which the Customer lives.
17. The Company can transfer the Contract, so that a different organisation is responsible for supplying to the Customer. The Company will tell the Customer in writing if this happens and ensure that the transfer won’t affect the Customer’s rights under the Contract.
18. The Customer can only transfer the Contract to someone else if the Company agrees to this in writing. Warranties provided by the Company under the warranty provisions in Section B may be transferred to new owners of the property where the Product is installed provided that the new owner can prove that it is the new owner of such property.
19. Nobody else has any rights under the Contractelse can enforce it.
20. If a court invalidates some of the Contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
21 . Even if the Company delays in enforcing the Contract it shall be entitled to enforce it later and will not have waived its rights to do so.