TERMS AND CONDITIONS
For the purpose of these terms & conditions the following words shall have the following meanings:
- "The Company" shall mean Valiant Oxford Limited.
- "The Customer" shall mean the person or organisation for whom the Company agrees to carry out works &/or supply materials.
- The Operative or Engineer shall mean the representative appointed by the Company.
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 Company at its absolute discretion.
Fixed Price Works being carried out are as stated in the written estimate (manifest errors exempted) including including Labour & Materials. .All costs are plus VAT at the prevailing rate.
The Company shall not be under any obligation to provide an estimate to the Customer & shall only be bound (subject as hereinafter) by estimates given in writing to the Customer & signed by a duly authorised representative of the Company. The Company shall not be bound by any estimates given orally or in which manifest errors occur.
Hourly Rate Work shall consist of the cost of materials supplied by the Company and the amount of time spent by the operative in carrying out works charged in accordance with the Company’s current hourly rates. The Customer shall only be charged for the time spent related to the Customer’s work, all other time, personal mobile calls etc. is non-chargeable. All charges are subject to VAT at the prevailing rate except in cases where the work carried out is zero rated.
Where a written estimate has been supplied to the Customer the total charge to the Customer referred to in the estimate should not exceed the actual time taken by more than 20% but may be revised in the following circumstances:-
- if after submission of the estimate the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the estimate.
- if after submission of the estimate there is an increase in the price of materials.
- if after submission of the estimate it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared.
- if after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.
Works not allowed for in the estimate must be identified before the job commences and will be discussed with the customer and a further written estimate will be provided.
No allowances have been made for any building works or making good unless otherwise agreed in writing with the customer.
A deposit will be required to cover material costs.This deposit is payable prior to the commencement of works, with the balance required, in full, on completion.
If the Customer cancels their instructions prior to any work being carried out or materials supplied then the Customer shall be liable for any related expenditure together with the profit that would have been made by the Company had the work been carried out &/or materials supplied in accordance with such instructions.
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 the such goods has passed to the Customer:
- the Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all any or part of such goods in which title remains vested in the Company.
- for the purpose specified in (i) above, the Company or any of its agents or authorised representatives shall be entitled at any time & without notice to enter any premises in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.
- the Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferred or otherwise disposing of such goods.
Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the Customer, & until such time as title in such goods has passed to the Customer, the Customer shall insure such goods to their replacement value & the Customer shall forthwith, upon request, provide the Company with a certificate or other evidence of such Insurance.
Where the date &/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 & at the time agreed. However, the Company accepts no liability in respect of the non attendance or late attendance on site of the operative/engineer or for the late or non delivery of materials.
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, & the Company shall be entitled to a reasonable extension of the time for performing such obligations.
Invoices are due for payment immediately upon delivery to the Customer. Any part of that invoice which remains unpaid shall carry interest at the rate of 5% above the bank lending base rate until payment in full is received by the Company.
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 &/or supply materials that he/she is acting on behalf of a third party (including, but not limited to, a Limited Company or Partnership) & receiving a written estimate) the name of the third party appears on the written estimate.
The Company shall only be liable for rectifying works completed by the Company & shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested & not undertaken at that time.These terms & conditions & all contacts awarded between the Company & Customer shall be governed & construed in accordance with English law & shall be subject to the exclusive jurisdiction of the English law.
The company will not guarantee any work in respect of blockages in waste & drainage systems etc.
The company will not guarantee any work undertaken on instruction from the customer & against the written or verbal advice of the operative/engineer.
Work is guaranteed only in respect of work directly undertaken by the company & 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 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 either verbally or indicated in ticked boxes or in Comments/ Recommendations of any other related work which requires attention.
The customer shall be solely liable for any hazardous situation in respect of Gas Safety Regulations or Gas Warning Notice issued.
No allowances have been made for the removal of furniture or personal belongings and, whilst we will take every care to protect your property, Valiant Oxford ltd will not accept liability for breakages or damage to the customer’s furniture, carpets or personal belongings if the customer has not removed or given adequate clearance to our working areas.
Any damages caused by an Engineer (subject to the provisions of Clause 11 above) must be notified to Valiant Oxford Ltd within 24 hours of completion of the works.
The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturers warranty in force. The Guarantee will become null & void if the work/appliance completed/supplied by the Company is:
- Subject to misuse or negligence.
- Repaired, modified or tampered with by anyone other than a Company operative. The Company will accept no liability for, or guarantee suitability, materials supplied by the Customer & will accept no liability for any consequential damage or fault.
Vaillant boilers are guaranteed for seven years, but other boilers installed at the request of a customer will only be covered by the boiler manufacturer guarantee.
Any materials supplied by the customer will not be guaranteed by Valiant Oxford Ltd and it is the responsibility of the customer to ensure that guarantees are registered with the manufacturer.
The work will be carried out in a proper workmanlike manner Valiant Oxford ltd will not be held liable for any unavoidable damage caused to decorations, fittings and the like as a result of installing any new equipment as specified in this quotation or removing, replacing or disturbing existing pipe work, appliances, tanks, cylinders or any other fixtures and fittings.
If Valiant Oxford ltd needs to connect new equipment to your existing central heating system, they can not be held liable for any breakdown or poor performance of/or any damage caused to the existing system as a result of faulty pipe work or some other defect or malfunction of your existing central heating system. Valiant Oxford ltd cannot accept liability for any deterioration in the performance of the central heating system caused by the fluctuation in the water pressure provided by your water supplier.
Any missed call appointments will hold a charge of £20.00 + VAT.
All warrantee work will be carried out between the hours of 8am -5pm Monday – Friday.