1. For the purpose of these terms and conditions the following words shall have the following meanings:
a) “The Company” shall mean Precise Installs (Strathclyde) Limited.
b) “The Customer” shall mean the person or organisation for whom the Company agrees to carry out works and / or supply materials.
The Operative or Engineer shall mean the representative appointed by the Company.
2. The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Customer those works shall be undertaken by the designated Operative of the company at its absolute discretion.
3. Where a written quotation has been supplied to the Customer, the total charge to the Customer referred to in the quotation may be revised in the following circumstances:
a) If after submission of the quotation the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the quotation.
b) If after submission of the quotation, there is an increase in the price of materials.
c) If after submission of the quotation it is discovered that further works need to be carried out which were not anticipated when the quotation was prepared.
d) If after submission of the quotation it is discovered that there was a manifest error when the quotation was prepared.
e) Should a detailed Insurance Report be required in addition to the quotation and invoice then this will incur a nominal charge of £25.00.
Unless previously withdrawn, a quotation issued by the Company is open for acceptance for 30 days. Any quotation is based on the Company’s professional estimation of where existing drainage pipes, water or gas pipes and electrical cables have been laid. If this is not the case or if they are inaccessible or unusable in their present state, the Company reserves the right to vary the quotation.
4. The Company shall not be under any obligation to provide a quotation to the Customer and shall only be bound (subject as hereinafter) by quotations given in writing to the Customer and signed by a duly authorised representative of the Company. The Company shall not be bound by any quotations given orally or in which manifest errors occur.
5. Material collection – Collection of non stock items are chargeable but:
a) Time must be kept to a minimum and reasonable.
b) If the collection time is likely to exceed 45 minutes, the Customer must be additionally informed of the circumstances.
6. Invoices are due for payment immediately upon delivery to the Customer unless otherwise agreed. Any part of that invoice which remains unpaid shall carry interest at the rate of 4% over the Bank of England base rate until full payment in full is received by the Company. The Customer is liable for all reasonable costs and expenses incurred by the Company or by any third party engaged by the Company incidental to and arising out of late payments of amounts due under this contract.
7. Unless otherwise agreed, the supply of service does not include the excavation, relocation, removal or repair of soil, rock or other surfaces that may be encountered in the supply of goods and services.
8. Unless otherwise agreed, no provision for the costs associated with the identification or removal and cartage of Asbestos Containing Material (ACM) that may be encountered during completion of works. Any such costs shall constitute a variation and will be subject to an additional charge.
9. The Company will take care when supplying goods or services to minimise damage to surrounding areas including walls, ceilings, floors and paintwork etc. Any repair or restoration required after the supply of goods or services is not included in the Company’s quotation, unless otherwise stated and must be carried out at the Customer’s cost.
10. Where the date and / or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure that the Operative shall attend on the date and time agreed. However, the Company accepts no liability in respect of the non-attendance or later attendance on site of the Operative / Engineer or for the late delivery of materials.
11. The Customer shall accept sole liability to discharge the Company’s account unless he / she discloses to the Company when initially instructing the Company to carry out work and / or supply material that he / she is acting on behalf of a third party (including, but not limited to, a Limited Company or Partnership) and receiving a written quotation) the name of the third party appears on the written quotation.
12. If the Customer arbitrarily cancels their instructions within 7 days of the agreed commencement date, the Customer shall be liable for any related expenditure for materials supplied and shall forfeit their deposit in accordance with such instructions. Customer cancellation due to exceptional circumstances shall be considered by the Company on a case by case basis.
13. If, after the Company shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall contact the Company in the first instance, either by telephone or in writing and within 30 days of completion of the works and shall afford the Company, and its insurers, the opportunity of both inspecting such works, and carrying out any necessary remedial work if appropriate. The Customer accepts that if he fails to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out. A copy of the Company’s Complaints Procedure is available upon request.
14. The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturer’s warranty in force. The guarantee will become null and void if the work / appliance completed / supplied by the Company is:
a) Subject to misuse or negligence.
b) Repaired, modified or tampered with by anyone other than a Company Operative. The Company will accept no liability for, or guarantee suitability for, materials supplied by the Customer and will accept no liability for any consequential damage or fault.
15. The Company will not guarantee any work in respect of blockages in waste and drainage systems etc The Company will not guarantee any work undertaken on instruction from the Customer and against the written or verbal advice of the Operative / Engineer.
Work is guaranteed only in respect of work directly undertaken by the Company and payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the Company will not be guaranteed. The Company shall not be held liable or held responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out. Work will not carry a guarantee where the Customer has been notified by the Operative whether verbally or in writing of any other related work which requires attention. The Customer shall be solely liable for any hazardous situation in respect of any Gas Safe or Gas Warning Notice issued.
16. Where the Company agrees to carry out works on installations of inferior quality or over ten years old at that date, no warranty is given in respect of such works and the Company accepts no liability in respect of the effectiveness of such works or otherwise. Revision 1 – Feb 2018
17. The Company takes the Health & Safety of all Customers and staff extremely seriously and have arrangements in place to ensure compliance with all legal obligations in this respect. Customers are expected to take reasonable care and responsibility for their own health and safety whilst our Operatives are on site and follow any health and safety instructions given by our Operatives for the duration of the works. Copies of our Public Liability insurance and Health & Safety Policy are available upon request.
18. The Company shall be entitled to fully recover costs or damages from any Operative / Engineer / Contractor whose negligence or faulty workmanship results in the Company being made liable for those damages or rectification of the work.
19. The Company shall not be liable for any loss or damage resulting from any Act of God, fire, natural disaster, Act of Parliament, Government Order, strike, war, delay in delivery of manufacturing materials or from any other circumstances beyond the Company’s control.
20. The Company reserves the right to subcontract all or any of its obligations without prior Customer consent.
21. These Terms & Conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative of the Company and the Customer. Further, these Terms & Conditions shall prevail over any Terms & Conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering into a contract with the Company, the Customer agrees irrevocably to waive the application of such Terms & Conditions.
22. Title to any goods supplied by the Company to the Customer shall not pass to the Customer but shall be retained by the Company until payment in full for such goods has been made by the Customer to the Company. Until such time as title in such goods has passed to the Customer:
a) The Company shall be entitled to seek a Court Order in order to repossess, sell to otherwise deal with or dispose of all or any part of such goods in which title remains vested in the Company.
b) The Company shall be entitled to seek a Court injunction to prevent the Customer from selling, transferring or otherwise disposing of such goods. Notwithstanding the foregoing, risk in such goods shall pass on delivery of same to the Customer and until such time as title in such goods has passed to the Customer, the Customer shall insure such goods to their replacement value and the Customer shall forthwith, upon request, provide the company with a certificate or other evidence of such insurance.
24. The Company reserves the right to photograph any / all works as they progress and use them in their marketing materials, including online, without the Customers prior consent but in accordance with the Data Protection Act 1998.
25. The Company shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control, and the Company shall be entitled to a reasonable extension of the time for performing such obligations.
26. The Company shall only be liable for rectifying works completed by the Company and shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested and not undertaken at that time.
27. These Terms & Conditions and all contracts awarded between the Company and Customer shall be governed and construed in accordance with Scottish law and shall be subject to the exclusive jurisdiction of the Scottish law.
28. If any words or provisions in these Terms & Conditions are unenforceable, the remainder of the Terms & Conditions shall remain effective.