(1) General Terms
For the purpose of these Terms of Business the following words shall have the following meaning:
(a) “The Company” shall mean Concannon Heating Services, 87 Oker Avenue, Darley Dale, Matlock, Derbyshire, DE4 2GP
(b) “The Customer” shall mean the person(s) or organisation for whom the Company agrees to carry out works and/or supply materials.
(a) Standard payment terms for all works is 7 days NET from date of invoice as stated on all invoices, estimates and written communication
(b) 14 day payment terms are available by prior agreement and will be subject to a 20% surcharge to total charges for materials and labour under standard terms as set out in 2(a)
(c) If payment is not received within 7 days NET of date of invoice then payment term will automatically transfer to a 14 day agreement and therefore incur an additional 20% to the cost of labour and materials that are stated on initial invoice.
(d) Any non payment after 14 days will result in legal proceedings starting to recover the monies. As well as additional charges incurred in 2(c) the debt and subsequent claim will also incur interest and admin charges as per allowed by legislation.
(e) Any costs incurred by the Company as a result of the agreed payment terms not being adhered to by the Customer will be charged additionally to the Customer. This includes obtaining short term finance to cover costs incurred for work where payment is not received by the due date..
(f) Claims for additional charges as set out in 2(c), 2(d) and 2(e) can be made by the Company at any point within Six years of the date of the initial invoice
(f) Any dispute of charges set out in any invoice must be raised is writing via email to email@example.com within 7 days NET of the date of the invoice. Disputes raised after this time will be void.
(3) Charges if Customer postpones or cancels the works
If the Customer cancels this agreement the Company reserves the right to charge the Customer a postponement or cancellation fee according to how much notice is given as set out below. “Working Days” refers to the normal working week of Monday to Friday and excludes weekends and Public Holidays.:
(a) More than 15 working days before the works were due to start: No charge
(b) Between 11 and 15 working days inclusive before the works were due to start: 25% of the labour part of the estimate
(c) Between 6 and 10 working days inclusive before the works were due to start: 50% of the labour part of the estimate
(d) Less than 6 working days inclusive before the works were due to start: 75% of the total cost of the estimate
(e) Within 48 hours of the works being due to start: 90% of the total cost of the estimate
(4) Promotion and advertising
(a) The Customer authorises the Company to use photographs/video/examples of work undertaken for display, promotion, and advertising, without compensation to the Customer. This section will be void if not allowed by covenants or restrictions.
(5) Inspection of completed work
(a) Upon substantial completion of work, the Customer agrees to conduct an inspection of the work with the Company. All defects and uncompleted items should be noted at this time. The inspection must occur in accordance with the industry standards.
(b) Only works specifically detailed within the written estimate for the works completed can be part of any inspection.
(c) On agreement with the Company, the Customer is entitled to withold 25% of the total due amount of the invoice while any defects are rectified. The remaining 75% value of the payment due should be paid on time as set out in section (2) and if this payment is not received on time this section will be void and payment will be due in full.
(6) Manufacturers specifications
(a) All materials will be applied and/or in installed by the Company according to the manufacturer’s specifications.
(7) Industry standards
(a) All work undertaken shall meet or exceed industry standards. You are hiring an experienced, professional. Elements of the job will meet or exceed normal accepted practices in the industry.
(a) The Company warrants that all materials will be of standard or above quality. Labour is warranted for a period of two (2) years. All product warranties will be extended to the Customer upon payment in full for work completed.
(b) The Company’s liability under a warranty claim shall not exceed the total price charged for the work performed.
(c) The Customer shall make warranty claims immediately upon discovering defect or performance problem.
(d) Failure by the Customer to comply with the terms, conditions, and payment schedule of this agreement will void all warranties.
(9) Other Activities
(a) Nothing in this Agreement shall prevent the Company from being engaged, concerned or having any financial interest in any way in any other business, trade, profession or occupation during the duration of works with the Customer
(b) Any such activity does not cause a breach of any of the Company’s obligations to the Customer
(10) Confidential Information
(a) The Company acknowledges that in the course of any work for the Customer he/she will have access to Confidential Information.
(b) The Company shall not (except in the proper course of their duties) use or disclose to any person, firm or company any Confidential Information excluding promotion as set out in (4) of these terms.
(11) Data Protection
(a) The Customer consents to the Company and its agents and employees holding and processing both electronically and manually the data (including personal sensitive data and information contained in email, email attachments and other forms of electronic communication) it collects, stores or processes that relates to the Customer, for the purposes of the administration and management of its contractors and its business and for compliance with applicable procedures, laws and regulations.
(b) To ensure regulatory compliance and for the protection of its workers, contractors, clients/customers and business, the Company reserves the right to monitor, intercept, review and access any communication facilities provided by the Customer. The Company will use this right of access reasonably but it is important that the Customer is aware that communications and activities on the equipment or premises of the Company cannot be presumed to be private.