Name of company
Holmes Air Conditoning & Electrical Services Ltd
35 Barra Hall Road
Hayes UB3 2NS
Unit 18 Trinity House
Heather Park Drive
Business ID no. 08882410
Terms and Conditions:
1.) The client is to allow access to the contractor at all reasonable times for the work to be carried out.
2.) The client is to provide all necessary utilities for the tests and service to be carried out and ensure that the area of work is clear from obstruction.
3.) This agreement does not cover faulty equipment and the client will be contacted for agreement to pay for small parts and associated labour charges that are necessary for the equipment to be left in operable condition, and if approval cannot be granted for any reason the equipment will be left in a faulty state for repair in a subsequent visit.
4.) The client agrees to settle all outstanding accounts within 30 Days.
1.) The contractor is committed to carryout the work diligently and to leave the premises and equipment in a clean and safe state.
2.) The contractor shall carryout the work on the agreed date unless emergency conditions prevent such occurrence.
3.) The contractor shall carryout any suitable additional work at agreed rates that are required by the client.
4.) Where the contractor's own operatives did not carry out the original installation, the contractor is duty bound to advise the client of potential problems.
5.) The contractor promises to purchase the best quality parts at economic price.
These Standard Terms and Conditions of Sale or Service are issued by HNC Electrical & Air Conditioning Services
THESE TERMS & CONDITIONS APPLY TO ANY ORDER OR INSTRUCTION, VARIATION, EXTRA WORK and will apply at any time WITHOUT FURTHER NOTICE regardless of whether or not your enquiry, order or instruction or other qualifying document issued by you imposes alternative conditions upon us. It is therefore important that you carefully read our Terms & Conditions, negotiate any alternative conditions with us and ensure that we acknowledge any variations in writing.
1. ACCEPTANCE of any equipment depends on said equipment passing an initial inspection. Any repairs recommended by Holmes Air Conditioning & Electrical Services must be done prior to acceptance of equipment. If customer elects not to have repairs done, inspection will be billed at regular rates.
2. ANY ORDER OR INSTRUCTION placed with us will only be in accordance with these terms and conditions or those accepted by us in writing. Acceptance by us of your order or instruction does not constitute our acceptance of your terms or conditions - see above - our conditions will always take precedence over any other terms and conditions whether expressed or implied in writing or orally.
3. STANDARD TERMS OF PAYMENT applicable to approved credit accounts are 30 days from date of our invoice. We reserve the right to vary our payment terms at any time and without notice, and to apply Pro-Forma terms should we deem this necessary.
4. OTHER TERMS OF PAYMENT may be agreed but only if accepted by us in writing.
5. RETENTION. Our quoted prices do not allow for any retention's or set-off to payment to be made. As the majority of our works have a high equipment to materials and labour ratio. If a retention clause applies to a specific contract, we may accept retention being held against our labour and material element. But in common with other suppliers, we cannot accept retention against equipment values. We will advise the equipment content if required and this must be ordered from us on a purchase basis rather than sub-contract or other conditions should your accounting system or policy be unsuitable to comply with this clause. Failure on your part to comply will not constitute our acceptance to retention or other set-offs.
Interest at the rate of 8.5% per month if commercial cleint, If domestic client its 3.0% per month which will be added to all amounts outstanding after expiry of our payment term, and will become chargeable and due for payment in accordance with our original terms.
6. STAGED PAYMENTS. We reserve the right to make interim applications for payment during the course of works carried out by us, for materials, equipment delivered and for work completed by us to the date of such application. Our agreed payment terms would apply from the date of our application.
7. ANY OFFER by us to carry out work for a quoted price is open for acceptance for a period of thirty days from the date of our offer.
8. ALL PRICES quoted is valid at the time of quotation, but nay increase if your order is placed at a later date, this will be subjected to installation taking place within 14 days of the contract. Holmes Air Conditioning & Electrical Services Ltd quoted price for hourly rates shall be provided for the customer before the work on site commences.
The cost of resources and any equipment used by us will be invoiced upon all works completed and will be charge at current rates set by the supplier.
Upon completion of work i.e Fault Diagnoses, installation or service, a work sheet will be filled out by the engineer on site whereby a Manager or an authorised person will sign and date agreeing to works undrtaken and time on site as true.
Once a quotation is accepted, we agree to service, repair or install the equipment to the maximum of our capability and the full potential of your systems being repaired/diagnosed on the terms set out in these conditions.
The acceptance of a quotation for the services and/or goods by the supplier constitutes an offer by the client to purchase the goods and /or services specified in it on these conditions and is deemed liable to apy for all services. No offer placed by the clientr shall be accepted by the supplier other than;
By an acknowledgement of order being issued by the supplier; or (if earlier) by the supplier delivering the goods or starting to provide the services when a request for the supply and purchase of those goods and /or services on these conditions will be established.
While reasonable care will always be taken, the quotation does not include for incidental redecoration or other works consequent upon the execution of the work.
9. ALL PRICES quoted are net, include VAT, any other applicable taxes which may become due and unless specifically indicated, exclude any discounts.
10. OUR OFFER ASSUMES continuity of work and normal working hours which are Monday to Friday inclusive, from 08:00 to 17:00 hours. Work carried out outside of these times will be charged at premium rates in accordance with our STANDARD CHARGES.
11. DELIVERY AND COMPLETION dates are given in accordance with our other terms and conditions and are valid at the date given. As such they are subject to prior sale or workload at the time your written instruction to proceed is received.
12. WE WILL ONLY PROCEED with any work once your full written instructions are received by us together with all information we require to proceed with our work, and we have accepted your instructions in writing.
13. WE WILL NOT CARRY OUT ANY EXTRA WORK OR VARIATION to our work unless we have your written instruction to carry out such extra work or variation and your confirmation that you accept our costs for carrying out such work or variations.
14. IF YOU FAIL TO PROVIDE WRITTEN CONFIRMATION and work has commenced for whatever reason, we will confirm our acceptance on the basis that payment will be due to us for carrying out the work or variation without dispute.
15. DELAY. We shall not be liable for any delay, dispute, cost, loss or consequential loss due to your failure to provide written instructions or full and final information on time.
16. THE LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) aCT 1998
As supplemented and amended by the commercial Debt Regulation 2002.
These changes will immediately apply whee an invoice becomes overdue. Only under our company Directors acceptance and discretion, may7 an invoce late payment fee be wavered.
We reserve the right to reject any excuse for non-paymernt and will exercise full duty to recover all owed monies including interest. We will be polite in requesting owed monies but will resort to deploying our certified recovery experts in events where either lack of communication/avoidance or any rightfully owed invoice has not been paid. Once a final notice has been raised with added late payment fee, the client has 72 hours to make payment to avoid futher action. If this is not paid it will be passed to our debt collectors who will recover our cost and additional charges (Minimum £50.00 will be added if account is sent to our debt collectors) plus the collectors admin fees and percentage.
The client shall be liable to pay to the us the supplier. on demand all reasonable cost, charges or loses sustained or incurred by the supplier (including any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources eleswhere) arising directly or indirectly from the clients fraud, negligence, failure to perform or delay in the performamce of any of its obligations under the contract or agreement.
The total price for the goods and/or services are due in pounds sterling on the sate of the invoice.
All amounts due to Holmes Air Conditioning & Electrical Services Ltd shall be paid in full without any retention, deduction or withholding. Client shall not be entitled to assert any retention, credit, set off or counterclaim against the supplier in order to justify withholding payment of any such amount in whole or in part.
Any fixed price contained in the quotation excludes packaging, loading unloading, and carriage, insurance and VAT (unless expressly stated otherwise) which the supplier may add to its invoices at the appropriate rate.
Without prejudice to any other right or remedy that it may have, if the client fails to pay the supplier the full overdue amount including late fee on the due date, the supplier "US" may pass the umpaid debt to our debt collectors who will recover our costs and additional charges (minimum £50.00 will be added if account id sent to our debt colletors), admin fee and percentage.
Apply to county court to recover all cost. Court & solictors fees apply. If such an occurence should happen your company may be defaulted with CCJ.
17. PROTECTION & RISK. Once equipment, materials or goods have been delivered to site or an agreed delivery point they shall be at the sole risk of others. We will only be liable for damage caused by our directly employed or supervised operatives. It shall be others responsibility to both protect and insure against loss or damage caused by others.
18. GUARANTEE. For the supply and installation of new equipment and systems we provide as a minimum a full labour and parts guarantee, at our discretion to repair or replace without charge any defect, part, material, component or equipment which fails due to defective manufacturing or workmanship within 12 months of commissioning. All units under maintenance contract of Holmes Air Conditioning & Electrical Services Ltd are covered by the time prescribed and agreed upon including agreed contractrual rates for breakdowns and parts and resources set at current rates. Abuse of units including vandalism. fire, excessive damage by water, war, extreme ambient temeratures or riot are not covered by the maintenance contract in the event of service and repairs becoming necessary as a result of such causes, the cost thereof shall be charge to the customer.
This guarantee is provided upon these conditions:-
a) The system or equipment must be maintained by us or an approved organisation in accordance with the manufacturer’s recommendations from the date it is COMMISSIONED.
b) The system or equipment is operated in accordance with instruction provided by us or the manufacturer, and user maintenance guides are followed and complied with.
c) If equipment is not maintained in accordance with our terms, or is maintained by a non-approved organisation, the guarantee will become null and void. The manufacturer shall determine if an organisation is approved, and this shall be written confirmation.
d) Our guarantee is not transferable, should you elect to use others for maintenance, our liability may well be limited to provision of replacement parts only, at the discretion of the manufacturer.
e) For replacement parts supplied and fitted to systems not guaranteed by us, the guarantee we provide will be limited to that provided by the manufacturer of the parts. This may be any period from three months.
f) We cannot guarantee equipment or systems and components when warranty has expired for whatever reason. In particular failures or defects found may be attributable to other component failures or reasons beyond our control, which cannot be traced by us until initial repairs have been completed. Should any dispute occur in connection with such work we reserve the right to payment for work carried out. The matter shall then be referred to a mutually agreed arbitrator, whose decision shall be final and binding on both parties.
g) We shall not be liable for any consequential loss or damage.
Guarantees can be extended at our discretion and dependant upon manufacturer of new equipment can be up to a maximum of 5 years, provided the system is maintained by us under agreement.
PLEASE NOTE:- GUARANTEES COMMENCE FROM THE DATE A SYSTEM OR EQUIPMENT ITEM IS COMMISSIONED - THIS IS NOT THE SAME AS, OR TO BE CONFUSED WITH "HANDOVER", "COMPLETION" OR "PRACTICAL COMPLETION", OR ANY OTHER TERM EXPRESSED OR IMPLIED.
19. INFORMATION. Any drawing, design, information or detail submitted shall not be binding unless indicated in writing. All drawings, sketches, designs or other documentation submitted to you remain our property and as such must not be copied for any reason unless approved in writing by us.
20. LIABILITY. Our liability is limited to what we have offered to provide, you have accepted by placing an order or instruction with us, and we have confirmed our acceptance. We will comply with all legal and lawful requirements that we are required to do so, in our capacity as your contractor and/or supplier. By accepting our offer you are liable to ensure that what we offer or provide is legal, meets lawful requirements and your own. Your statutory rights are not affected.
21. TERMINATION. We may without prejudice to our other rights and remedies determine the contract or any unfulfilled part of it or withhold further work, deliveries or make partial deliveries or work if:-
a) You fail to make payment on the due date under this contract or any other contract between us.
b) You purport to cancel or suspend, or commit any breach of this or any other contract between us.
c) You become insolvent or make any composition with your creditors or have a receiver appointed of all or any part of your undertaking or assets or go into liquidation (save for the purpose of amalgamation or reconstruction) and we shall be entitled to recover from you all our loss including any loss of profits or loss on re-sale.
22. DISPUTE. Any dispute or arbitration shall be subject to the laws of England
23. WAIVER. Any failure by us to enforce any or all of these Conditions shall not be construed as a waiver of any of our rights hereunder.
24. ELECTRICAL. Generally we will provide electrical mains power supplies for our equipment or systems, including fusing, isolators, distribution boards etc. Upon request we provide full technical data to determine correct sizing of cables and supplies, together with type of supply and fuse ratings.
25. BUILDERS WORK. We do not provide builders work. Upon request we provide details of builders work requirements.
26. MAINTENANCE WORK. Maintenance work is only carried out in accordance with our terms of Maintenance Agreement. Additional repair or service work on a site having a current Maintenance Agreement is carried out in accordance with the agreement and is chargeable in accordance with that agreement and our SERVICE CHARGES.
27. SERVICE & REPAIR WORK. Any service repair, call-out or refurbishment work, which is not subject to a priced offer, is subject to our SERVICE CHARGES. Any additional work to that quoted as a priced offer is subject to our SERVICE CHARGES.
A. COOLING OFF PERIOD
Domestic quotations a 15 day cooling off period will apply in accordance with our terms and conditions, this must be made in writting 15 days before work is due to commence.
28. STANDARD EXCLUSIONS. Our tender is based upon the foregoing and upon the exclusions specified below:-
a) Any work not shown on any drawings or specifications, whether issued by ourselves, consultants or architects etc.,
b) Associated builders work, electrical work or other trades work except that specified by ourselves as being carried out by us.
c) The use of or hiring of any hoisting or lifting plant or equipment to facilitate installation, as it has been assumed that we have free and easy access to the premises at which the equipment is to be installed.
d) Any extra costs which may be incurred by ourselves through encountering unforeseen difficulties where structural work or hidden pipework etc., is involved and prior inspection by ourselves was not available due to the fact that building finishes etc., obscured these obstructions from view.
e) Any addition for Value Added Tax.
f) Scaffolding, water, electrical power, fuel, fees payable to persons, companies or authorities not directly employed by this company.
g) The monetary effect of government legislation announced but not yet implemented.
h) Design, preparation or installation of any necessary bases or supports for major items of equipment.
i) This agreement does not include the cost of labour and/or material resulting from the acts of Nature (floods, lightning, fire, etc.) or electrical failure, water damage of any description, (including infiltration of underground storage tanks) labour or transportation difficulties, wars, riots, or local Borough or Government Acts or requests.
j) Service calls resulting from blown fuses or circuit breakers, emergency switch turned off, thermostat not properly set, or electrical power failure are not covered.
All of the above exclusions are Standard Exclusions and as such may be varied but only in writing by ourselves. Any alterations to the above Exclusions would be notified in writing within our tender or indicated by our Offer Data Sheets.
K) Repairing or replacing any parts not connected to the appliance listed in the ‘schedule of Equipment’.
Holmes Air Conditioning & Electrical Services Ltd
Unit 18 Trinity House
Heather Park Drive
If you have any queries or wish to make an appointment, please contact us on:-
Tel: 0203 935 0341: email@example.com