Steve Merrett Ltd
Oil and Gas Boiler Specialist with over 30 years experience
The Small Print
Every business has to have it and for my small effort to save the planet I have put it here instead of on the back of my invoices.
Terms and Conditions
1. If you do not own the property where work is to be carried out, you must confirm that you have obtained the owner’s permission before you authorise us to start work on the property. We (the company) do not accept any liability for unauthorised works. You (the customer) will be responsible for any losses, costs or damages which we incur as a result of any claims made against us for repairs carried out without the necessary consent.
2. We will carry out all work during our normal working hours (8am to 6pm Monday to Friday), unless we say otherwise agreed.
3. We will give an estimate of cost of repair or a written quote if requested.
4. These Conditions will apply to the verbal contract on all orders placed and accepted by us. (a) Even if we have given a quotation, no order placed by you is binding until it has been accepted. (b) In placing an order you confirm that you will ensure that the details of any order and any applicable specification are complete and accurate given we shall be relying on that information.
5. We reserve the right to withdraw or amend any quotation at any time before we accept your order. (a) A quotation is valid for 60 days. (b) We may without notice to you reasonably alter any specification or other particulars relating to goods and may substitute and supply similar goods of equivalent type if necessary.
6. Notice of your right to cancel. you can cancel an agreement up to 14 days after the day it was accepted, or if the agreement is for services only (for example labour, but not parts are provided) up to 3 days prior to work commencing, this is your ‘cooling off period’ You can ask us to start work before the cooling off period ends. If you do this and then cancel, we will charge you for our costs for: (i) any work already carried out (ii) any goods already installed into your property. You won’t be able to cancel once work is fully completed or the goods have been installed into your property. If you wish to cancel you need to contact us as soon as possible in writing or by speaking to us.
7. We will take reasonable care to carry out the work without causing unnecessary damage to your property, however you accept that the work (including removing or dismantling existing fixtures and fittings) may cause damage and certain areas may need redecoration following completion of the work. We will ‘make good’ if we have had to make access to your system so we could carry out the work, however, we will not replace the original surface or construction (for example, redecoration), unless the damage has been caused directly by our negligence. If the original surface or construction was damaged as a result of any prior fault with your system, for example water leak, we will not replace the original surface unless requested to do so and you will be charged for the work.
8. Unforeseen charges such as gaining access to your system that is required before we can commence work and replacing once the work is complete (a) for example (i) pipes or wiring buried in walls or ‘built-in’ appliances (ii) Lifting carpets or other floor coverings,. We will discuss them with you as soon as we are able, you may decide to employ a specialist to do the work or it may be possible for us to do this work for you at an additional cost. (b) Removing any dangerous waste such as asbestos, which could not have been foreseen when we gave you the original quotation and we became aware of only when doing the work. We will notify you as soon as we are able you may decide to call a specialist contractor to do this work for you. In relation to asbestos they should supply a clean air certificate which must be provided to us before we will commence any further work at your property.
9. If we have concerns about the electrical earthing arrangements in your property, we will tell you what work are needed to correct any problem. The engineer on site will decide whether work can go ahead
10. Where we replace an existing appliances or parts we will try to do so causing as little disruption as possible. If the appliance is unsafe to use in its current state or position we will discuss with you what is required to meet current regulations.
11. We will not carry out the work if (a) Suitable parts are unavailable (b)Your boiler is in an unsafe or dangerous condition.(c) The engineer perceives there to be a severe risk to his health and safety. You will be informed accordingly.
12. Good ordered in error or not required (a) If you incorrectly order any Goods we may, at our sole discretion, determine whether or not to accept their return. i.e. water filters. (b) If we incorrectly order goods then we shall take them back and not charge you. (c) An order for Goods that are to be specially made or obtained (“Specials”) may not be cancelled by you once the order has been accepted by us nor will any allowance be made in respect of Specials if they are subsequently returned.
13. The price of the Goods shall be the price quoted by us provided you accept the quotation within 60 days. Where no price has been quoted (or a quoted price is no longer valid) the Price shall be the Company’s trade price on the date the Goods are delivered
14. For quoted work over £2,000. A 25% deposit is required before work commences. However if the Goods concerned are ‘Specials’ 3(a) you shall pay the price for the Goods on acceptance of order, on or before delivery, or upon receipt of our invoice. (b) No payment shall be deemed to have been received until the Company has received cash or cleared funds.
15. Installations; delivery of the Goods shall be made to your house/site, either by us or an agent/supplier. If a company representative is not present you must take delivery (a) Risk of damage to or loss of the Goods shall pass to you. If you fails to take delivery of the Goods, at the time agreed we accept no liability whatsoever for any loss of or damage to the Goods. (b) You shall allow the labour and equipment required access to complete the delivery of the Goods, we may charge you for any return visits made as a result of your failure to take delivery of the Goods or provide access. (c) Any stated time or date for delivery is an estimate only and is not binding on us, we shall not be liable for any failure to deliver by such time or date, nor for any loss or damage arising directly or indirectly from such failure, we will endeavour to keep you informed as much as we are able.(d) You may not refuse to accept Goods because of late delivery; nor, where Goods are to be delivered in instalments, shall our or our agents failure to deliver any instalments by any time or date entitle you to treat the Contract as a whole as repudiated. (e) Where delivery is to be made by instalments, each instalment shall be deemed to be a separate and distinct contract and no default in respect of any one or more instalment shall entitle you to reject or withhold payment in respect of any other instalment. (f) We shall provide evidence (such as a delivery note) of the delivery of Goods supplied if requested by you if your request is received within 1 months of the delivery date. If you do not raise any query about delivery within such period, the Goods concerned shall be deemed to have been delivered in accordance with the Contract. (g) We do not accept liability for shortages or damage if you do not report it within 24 hours of the delivery. In such circumstances our liability shall be restricted to making good the shortage. Any delivery book or note marked “NOT EXAMINED” will not prevent the operation of these clauses, or constitute express or implied notice in writing of any potential or actual shortage
16. We shall (at our discretion) repair if possible, or replace free of charge any Goods which in the reasonable opinion of the Company are defective due to a manufacturing fault but only if: (i) the fault is notified to the Company in a timely fashion and we have been given a reasonable opportunity after receiving the notice to examining such Goods in situ. (b) We shall not be liable for a breach of the warranty if (i) you make further use of the Goods after giving notice of a defect; or (ii) the defect arises because you failed to follow the Company’s or the manufacturer’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice (iii) You alter or repair the Goods without our written consent. (c) We do not accept responsibility for the cost of removing or re-installing any repaired or replacement Goods, unless previously agreed in writing. (d) Any defective Goods or parts replaced by us in accordance with this Condition or otherwise shall become, or remain, the property of our company. (e) We will endeavour to transfer to the Customer the benefit of any warranty or guarantee given to the Company.
The above condition does not affect you manufacturer’s warranty.
17. Payment Time for payment shall be of the essence. Payment can be made by personal cheque or Bank transfer, the details will be on the invoice. Payment on the day would be appreciated for smaller invoices or within 2 week for larger invoices. No payment shall be deemed to have been received until the Company has received cash or cleared funds. All payments payable to us under any contract shall become due immediately if either the company or you the customer terminates the contract (a) Any queries on an invoice must be raised in writing by you within 21 days of the invoice date (emails are not accepted), otherwise the invoiced amount shall be deemed to be accepted by you (b) We have the rights to enforce payment, if you fails to make payment in accordance with these Conditions. We may (at the Company’s absolute discretion) charge interest on any balance outstanding (notwithstanding that a portion of the account or invoice is the subject of any dispute or query) from the due date for payment until payment is made, whether before or after any judgment either: (i) at the annual rate of 5% above the base lending rate from time to time of Lloyds TSB Bank plc.; or (ii) at the rate and on the basis permitted under the Late Payment of Commercial Debts (Interest) Act 1998. (c) you shall indemnify us, against all costs (including legal costs) and expenses incurred by us in recovering amounts due from you, or exercising our rights, including any administration fee incurred if we refer a late or non- payment dispute to a lawyer or collection agent. We may take action to collect all monies owing in full whether where more than one invoice is outstanding the we may choose against which invoice (‘s) to apply any payment from you even if you have allocated the payment to a specific invoice. (d) If a cheque used by you to pay us is dishonoured, we may add to your invoice any charge or cost incurred by us as a consequence
18. Unless we agree in writing, ownership of the Goods shall not pass to you ‘the Customer’ until we have received from you payment for the Goods and all other sums which are due to the Company from you. Until ownership has passed to you, (i) you shall hold the Goods on a fiduciary basis (ii) store the Goods (at no cost to us) in such a way that they remain readily identifiable as the Company’s property; and (iii) not destroy, deface or obscure any identifying mark, serial number or packaging on or relating to the Goods (iv) maintain the Goods in satisfactory condition, keep them insured on the Company’s behalf for their full Price against all risks and provide us with a copy of the insurance policy on request (v) deliver up the Goods to us undamaged, on demand. (d) Your right to possession of the Goods shall terminate immediately if you become insolvent (e) we may recover payment for the Goods notwithstanding the fact that ownership of any of the Goods has not passed from the Company to the Customer. (f) Full payment is required on all goods fitted and in use.
19. No failure or delay on our part to exercise any of our rights under the Contract shall waive those rights
10. Health & Safety. Certain Goods could, if incorrectly used, give rise to risks to health and safety. You undertake that you will ensure compliance with any instructions given by the manufacturer for the purpose of ensuring that the Goods are safe and without risk to health when properly used, and will take any other precautions that are necessary to preserve the health and safety of persons handling, using or disposing of the goods.
Unforeseen charges such as gaining access to your system (materials and labour) (a) for example (i) pipes or wiring buried in walls or ‘built-in’ appliances (ii) Lifting carpets or other floor coverings that is required before we can commence work and replacing them once the work is complete. We will discuss this with you as soon as we are able you may decide to call a specialist or , it may be possible for us to do this work for you except at an extra cost which we will agree in advance. (b) Removing any dangerous waste such as asbestos, which could not have been reasonably foreseen when we gave you the original quotation and which we became aware of only when doing the work. We will notify you as soon as we are able you may decide to call a specialist contractor to do this work for you. In relation to asbestos they should supply a clean air certificate which must be provided to us before we will commence any further work at your property.
Errors and omissions excepted (E&OE)
"excuse slight mistakes or oversights'' we don't always get it right but to the best of my knowledge the above information is correct.