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1) a> "Us/we" shall mean Ian
Mackay Plumbing.
b> "You" shall mean you: the
customer (the person or organisation for whom we agree to
carry out works and/or supply or materials)
c> "Our representative" shall
be the person we send to you to do work.
2) Fixed
Price work. Quotes will include labour and materials. The
price will be fixed but manifest errors shall be exempted.
Revision to quotes may occur if:
You change the scope of the work
There is an increase in the price of materials
Further works turn out to be needed to do the work.
Impossible for us to do the work for the previously quoted
fixed price, we will give you a free quote for the work so
that you can choose to use us or not.
If you decline the
quote there will be no charges payable by you.
3) Stage
payments will be required with any outstanding balance payable
immediately on completion. (A deposit of 20% may be requested
where work is booked more than 2 months in advance.)
4) Time Keeping.
Every effort is made to arrive at a job at the time and date
agreed with you, however we cannot accept liability for arriving
late or for the late delivery or failure to supply materials,
although every effort will be made to keep you informed of
any problems.
5) You personally
will be deemed to be 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.
6) Materials
purchased as a result of work you instruct us to undertake
will be charged to you if you later cancel. Charges will be
those of our normal terms and conditions
7) Guarantee.
We have a twelve month guarantee period of our 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.
8) We cannot
guarantee our work, parts and equipment supplied to you if:
They suffer misuse, treated negligently or if our
work is repaired, modified, or tampered with by anyone other
than us.
We carry out works for you using your materials.
You order us to carry out work against the advice of our representative.
This advice will given to you either orally, or in writing.
We indicate that further works need to be carried out.
Existing installations are either inferior or over 10 years
old nor can we guarantee the effectiveness or otherwise of
our work in these cases.
8) We accept
no liablility for any delay or consequences of any delay in
performing our obligations if such delay is due to any cause
beyond our reasonable control and we shall be entitled to
reasonable time extensions.
9) We reserve
the right to decline to undertake any work.
10) Goods
entitlement. 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.
11) 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.
12) 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.
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