AVID HEATING LTD TERMS AND CONDITIONS
Please read the following important terms and conditions carefully. By using our services, you are agreeing to these terms and conditions.
In these terms and conditions:
• ‘We’, ‘us’ or ‘our’ means Avid Heating Ltd; and
• ‘You’ or ‘your’ means the customer (the person or organisation for whom we agree to carry out work and / or supply materials).
If you don’t understand any of these terms and conditions and want to talk to us about them, please contact us using the contact details set out on our website or below.
These terms and conditions are only available in English. No other languages will apply to these terms and conditions.
1 Supply of services and provision of materials
1.1 These terms and conditions apply to the provision of services and materials to you.
1.2 We reserve the right, in our absolute discretion and at any time, to refuse or decline to undertake any work.
1.3 Nothing in these terms will reduce your statutory rights relating to faulty or misdescribed goods or services which are not provided with reasonable care and skill.
2 Performance of the services and provision of materials
2.1 The services will be performed by us at the premises notified by you. You shall make such premises available so that we are able to perform the services as agreed.
2.2 Time of performance of the services is not of the essence. We shall use our reasonable endeavours to meet any dates given but such dates are approximate only.
2.3 We shall not be liable for any delay in or failure of performance caused by your failure to make the premises available.
2.4 In the event that we need to provide any materials we will send a quote to you beforehand, by email, for acceptance. On acceptance of the quote we will request payment from you. We will arrange a booking with you for delivery and installation of the materials. In the event that materials are delivered directly to your premises, please notify us once you have received the materials and we will arrange a suitable time for your next booking.
3 Warranty and Guarantee
3.1 We warrant that the services and materials shall be performed and supplied with reasonable care and skill within the meaning of the Supply of Goods and Services Act 1982 and will be performed in accordance with all applicable laws.
3.2 Subject to clause 3.3, we provide a 12-month guarantee on services carried out by us in respect of faulty workmanship only. This guarantee is active from the date of completion of the services and is in addition to any manufacturer’s warranty. This guarantee does not cover materials (if any are provided). Where materials are covered by their own retail or manufacturer’s warranty we shall pass this same warranty to you.
3.3 The guarantee provided in clause 3.2 will become null and void if the services completed by us are: (a) subject to misuse or negligence; or (b) repaired, modified or tampered with by anyone other than a tradesman of Avid Heating Ltd.
3.4 You shall be deemed to accept the services and/or any materials supplied by us if you do not notify us of any failure of the services/materials within 3 months from the date of completion of the service or provision of the materials.
3.5 These terms and conditions shall in addition apply to any services and related materials that are remedied or re-performed with effect from performance of the remedied or re-performed services or the redelivery of any materials.
3.6 We shall not be liable for any failure of the services:
3.6.1 where such failure arises by reason of wilful damage, negligence, or could be expected to arise in the normal course of benefit from the services;
3.6.2 to the extent caused by your failure to comply with our instructions as to: (i) use or benefit from the services, or (ii) good practice in relation to the use or benefit from the services;
3.6.3 to the extent caused by us following any requirement provided by you in relation to the services;
3.6.4 where you alter any services without our prior written consent or, having received such consent, not in accordance with our instructions; or
3.6.5 where you use any of the services or related materials, or both, as the case may be after notifying us of any failure.
3.7 Except as set out in this clause 3:
3.7.1 we give no warranty and make no representations in relation to the services or materials; and
3.7.2 the conditions implied by ss 12–16 of the Supply of Goods and Services Act 1982 are expressly excluded.
3.8 If, after we have carried out the services, you are not wholly satisfied with our service(s) you must provide us with written notice within 3 months. You must allow us, and our insurers, the opportunity to both inspect and carry out remedial work where appropriate. If you fail to notify us, as outlined above, then we will not be liable in respect of any defects in the work carried out.
4 Suspension of services
4.1 If we are prevented or delayed in performing the services by any cause attributable to you, we (without prejudice to our other rights):
4.1.1 may suspend performance of the services until you remedy your default;
4.1.2 shall not be liable for any costs or losses sustained by you as a result of such suspension; and
4.1.3 may charge you (and you shall pay under these terms and conditions) costs or losses incurred by us arising from your default.
The fees payable by you in respect of the services are as follows and will be set out in an email to you prior to the services being performed for your acceptance:
5.1 Callout Fee and Charges
5.1.1 We charge a minimum 1 hour call out fee for all appointments regardless of work carried out. This includes work quoted on an hourly rate or on a fixed price basis.
5.1.2 In the event that we are unable to perform works during attendance, the minimum 1 hour call out fee is still payable by you.
5.2 Hourly Rate Work
5.2.1 The total charge to you will consist of the cost(s) of:
(a) labour (the amount of time spent by us carrying out work) charged in
accordance with our current hourly rates; and
(b) materials supplied by us (not exceeding the trade purchase price of materials +20% mark-up).
5.3 Fixed Price Work
5.3.1 The total charge to you will be given as a fixed cost (manifest errors exempted) inclusive of labour and materials and will be within 10% over the equivalent total hourly rate cost.
5.3.2 Where a written estimate has been supplied to you, the total charge outlined in the estimate should not exceed the actual time taken by more than 20% but may be revised if, after submission of the estimate:
(a) you instruct us (in writing or verbally) to carry out additional work not referred to in the estimate;
(b) there is an increase in the price of materials;
(c) it is discovered that further work needs to be carried out which were not anticipated when the estimate was prepared; or
(d) it is discovered that there was a manifest error when the estimate was prepared.
5.3.3 We will not be under any obligation to provide an estimate to you and will only be bound by estimates given and accepted by an authorised representative. We will not be bound by any estimates given orally or in which manifest errors occur.
5.4 All fees are exclusive of VAT (or equivalent sales tax) which you shall pay to us on receipt of a valid VAT invoice.
6.1 Upon your agreement for us to carry out estimated or pre-booked work, we will require a deposit payment of 50% which is payable immediately.
6.2 We reserve the right to request full payment in advance at our discretion.
6.3 We will issue our final invoice on completion of the services.
6.4 Subject to clause 6.5, you shall pay all invoices:
6.4.1 in full in cleared funds immediately upon receipt of each invoice or, if payment is not made at the premises, within 7 days of the date of the invoice; and
6.4.2 to the bank account nominated by us.
6.5 You shall pay for any materials in full on acceptance of our quote.
6.6 We accept all major credit cards and debit cards.
6.7 Time of payment is of the essence. Where sums due hereunder are not paid in full by the due date:
6.7.1 we may, without limiting our other rights, charge interest on such sums at 4% a year above the base rate of the Bank of England from time to time in force; and
6.7.2 interest shall accrue on a daily basis, and apply from the due date for payment until actual payment in full, whether before or after judgment.
6.9 In respect of any materials supplied to you, if your payment in respect of such materials is not received by us and you have already received the materials, you:
6.9.1 must pay for such materials within 7 days; or
6.9.2 must return the materials to us as soon as possible.
6.10 If you do not return any materials (such as where you have not paid for them) we may collect the materials from you at your expense. We will try to contact you to let you know if we intend to do this.
7 Cancellations and rearranging of bookings
7.1 In respect of any materials:
7.1.1 you have the right to cancel an order for materials within 14 days of making such order without giving any reason; this cancellation period will expire 14 days after the date on which we have delivered the materials to your home;
7.1.2 to exercise this right you must make/send a clear statement to us within this 14 day period that you wish to cancel – to meet this deadline it is sufficient for you to make/send your statement of cancellation within this 14 day period.
7.2 In respect of any services you book:
7.2.1 you have the right to cancel your booking within 14 days of making the booking without giving any reason;
7.2.2 If you have requested in writing (or by any other durable medium) that we commence the provision of services at your home before the expiry of this 14 day cancellation period then you will still have the option to cancel however, in those circumstances you will be required to pay a proportionate amount of the price payable to us for the work which we have undertaken before your cancellation and for any materials which we have already installed;
7.2.3 you will lose this right to cancel should we complete the provision of all services within this 14 day period or if and to the extent that you have requested that we perform services within this 14 day period in order to carry out urgent maintenance or repairs at your home.
7.3 If you cancel your booking or order for materials in accordance with your rights above then we will collect at our own expense any materials which we have already delivered to your home and reimburse you without delay for any payments which you have already made to us. However, we may deduct from this reimbursement: (i) a reasonable amount for any loss or damage caused to the materials whilst at your home provided that such loss or damage was not caused by us or as a result of you carrying out a reasonable inspection of those materials to confirm they were as ordered; and/or (ii) any payment which we may be entitled to as referred to above for services performed at your request during the 14 day cancellation period. If you have not yet made any payment to us prior to your cancellation then we will have a right to recover payment of either of these amounts from you.
7.3 If you do not notify us that you wish to cancel prior to your booking and we arrive at your premises you will incur a charge of £40.
7.4 We will use reasonable endeavours to attend the agreed appointment. However, if, for reasons beyond our control, we have to change or cancel an appointment or booking we shall be entitled to do so. If this is the case, we shall notify you as soon as possible. Where the timing of your appointment is to be revised, we shall notify you of the new estimated time of the appointment. If you are not available at this time you should notify us by contacting us by telephone.
8 Limitation of liability and Indemnity
8.1 The extent of our liability (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 8.
8.2 Subject to clause 8.4, our total liability shall not exceed the total fees paid or payable by you in respect of the materials or services provided by us. We will only be liable for rectifying our own guaranteed work and will not be held responsible for any ensuing damage or claims resulting from other work overlooked or subsequently requested and not undertaken at the time.
8.3 Subject to clause 8.4, we shall not be liable for consequential, indirect or special losses.
8.4 Notwithstanding any other provision of these terms and conditions, our liability shall not be limited in any way in respect of the following:
8.4.1 death or personal injury caused by negligence;
8.4.2 fraud or fraudulent misrepresentation; or
8.4.3 any other losses which cannot be excluded or limited by applicable law.
8.5 You shall indemnify us and keep us indemnified on demand from and against any damages, liabilities, demands, costs, expenses, claims, actions and proceedings (including all consequential, direct, indirect, special or incidental loss or punitive damages or loss, legal and other professional fees, costs and expenses, fines, penalties, interest and loss of profit or any other form of economic loss (including loss of reputation) suffered or incurred by us arising out of or in connection with your misuse of our services or goods or for any breach of these terms and conditions.
8.6 You will be solely liable for any hazardous situation in respect of the Gas Safe Regulations or any Gas Warning Notice issued by Avid Heating Ltd tradesperson.
9 Risk and Title to Materials
9.1 Risk in the materials supplied by us shall pass to you on delivery.
9.2 Title to the materials shall pass to you on the latter of:
9.2.1 payment being received in full and cleared funds for the materials; or
9.2.2 delivery and instalment of the materials at your premises.
9.3 Until title to the materials has passed to you, you shall:
9.3.1 hold the materials as bailee;
9.3.2 where possible, store the materials separately from all other material in your possession; and
9.3.3 take all reasonable care of the materials and keep them in the condition in which they were delivered.
10 Data protection
11 Force majeure
11.1 In this clause 'Force Majeure' means an event or sequence of events beyond our reasonable control preventing or delaying us from performing our obligations.
11.2 We shall not be liable if delayed in or prevented from performing our obligations due to Force Majeure.
12.1 We will try to resolve any disputes with you quickly and efficiently.
12.2 If you are unhappy with our service to you or any other matter please contact us as soon as possible.
13 Third party rights
No one other than Avid Heating Ltd or you have any right to enforce these terms and conditions.
14.1 We may vary these terms at any time. Please do not assume that the same terms will apply to future orders or requests for services.
15 Governing law and Jurisdiction
15.1 These terms and conditions and any dispute or claim arising out of, or in connection with, them, their subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
15.2 We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms and conditions and their subject matter or formation (including non-contractual disputes or claims).
16. Our Details
Our registered office and main trading address is: Avid Heating Ltd, Central Office, Cobweb Buildings, The Lane, Lyford, Oxon, OX12 0EE.
Our registered VAT number is: 300515463