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:
HOLMES AIR CONDITIONING & ELECTRICAL SERVICES LTD
1.1 “Supplier”, “we”, “us” or “our”, we mean Holmes Air Conditioning & Electrical Services Ltd (company number 08882410), with registered office 35 Barra Hall, Hayes Middlesex UB3 2NS.
1.2 “Customer”, “you” or your, we mean any person and/or business who purchases Services from the Supplier.
1.3 “ Terms and Conditions” means the terms and conditions to supply set out in this document and any special terms n conditions agreed in writing by the Supplier.
1.4 “Contract” means the agreement between “supplier”, “us” and “you” for the provision of the services by us in accordance with these terms and conditions.
2 GENERAL CONDITIONS
Acceptance of quotation(s) includes acceptance of the following Terms & Conditions.
2.1 The contract of sale or service between the parties shall be administered by these conditions. Any variation to these terms or conditions except those which may be implied by law or statute shall be inapplicable unless agreed in writing by the Supplier.
2.2 All work set out in the quotation will be carried out during normal working hours, which are 8.00am-5.00pm Monday to Friday, unless otherwise stated. Access to your premises is required while work are in progress. We do not charge a call out fee between 08:00 and 17:00 hours; our onsite charges including bank holidays, weekends and over time are listed below.
3. BASIS OF QUOTATION
3.1 The price quoted is valid at the time of quotation, but may 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 charged at current rates set by us the supplier.
3.2 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 undertaken and time on site as true.
3.3 Once a quotation is accepted, we agree to service, repair or install the equipment’s to the maximum of our capability and the full potential of your systems being repaired/diagnosed on the terms set out in these conditions.
3.4 The acceptance of a quotation for 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 pay for all services. No offer placed by the Client shall be accepted by the Supplier other than;
3.5 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
3.6 While reasonable care will always be taken, the quotation does not include for incidental redecoration or other works consequent upon the proper execution of the work.
4. ADDITONAL COST MAY BE INCURRED IF:-
4.3 The “Supplier” has to remove any dangerous waste material, such as asbestos and other, which could not have been reasonably foreknown when the original quotation was given and we became aware of this when installation/service commenced[WU5] .
4.4 “We”, “supplier” is unable to gain access to site or residential home, resulting in a delay or we have been called out and a cancellation is made while and an engineer is on route and has or has not arrived on site yet. Agreed work is postponed after a cancelled call out, altered specifications and on site cancellations of works. You will still be charged as normal which will be 1 hour compulsory plus any time thereafter spent on site and/or any other charges that apply such as congestion charging &/or parking. Call outs can only be cancelled at minimum 24 hours’ notice[WU6] .
4.4 The “customer” cancels the installation without giving us 48 hours’ notice. In all these cases we will explain to you the reasons for the additional costs and will agree with you in advance what the additional costs will be[WU7] .
4.5 During Installation whether equipment be fully or semi installed and the customer decides to change their mind about specification and systems; please note that we have a no returns policy on all equipment and the “customer” will be re charged for a re-quotation of different specification or systems. The original quote cost for labour may vary according to the specification. “You”, the “customer” will be liable to pay in full the original agreed amount of a fully installed, tested & commissioned system/s despite a change of mind. You the customer will be liable to pay an amount invoiced by us if a system is semi installed. Invoice/s will be worked out accordingly. Additional charges will also apply to installations where works are delayed as a result of client error.
5 CUSTOMER’S OBLIGATION
To enable the Supplier to perform its obligation the Customer must:
5.1 Co-operate with the Supplier
5.2 Provide the Supplier with any information reasonably requested by the Supplier;
5.3 Update the supplier of their correct name, postal address and any phone, email or fax information.
5.4 Comply with all other statutory requirements- pertaining to Data Protection and Confidentiality.
6 SUPPLIER’S OBLIGATION
6.2 “We”, the supplier accepts all responsibility for the condition of “our” tools and equipment used during the performance of the Services undertaken.
6.3 Neither party shall be liable for any delay due to circumstances beyond our control, including but not limited to acts of God, such as strikes, war, bad weather conditions, industrial dispute, lockouts, accidents, which the “supplier” are not directly involved in or discovering issues at the premises that are unforeseeable, the party shall be entitled to a reasonable extension of its obligation.
7.1 Your right to cancel
You may cancel “Our” services up to (14) days after acceptance of our quotation. This is your “cooling off“ period. “You” can request for “us[WU9] the supplier to start work before the cooling for period ends. Where you do this and cancel, we will charge you our reasonable cost for:
any work already carried out;
any materials that have been ordered
any goods installed at the premises
any equipment hired to ensure safety to the premises
We will deduct these expenses from any deposit the “customer” have paid or bill you for them. You will not be able to cancel our services once work is fully completed or goods have been installed at premises.
7.2 Our cancellation rights
“We”, “Supplier”, may cancel or at our discretion, suspend your contract under the following circumstances:
8 MAINTENANCE CONTRACTS
8.1 All units under Maintenance contract of Holmes Air Conditioning & Electrical Services Ltd; are covered by the time prescribed and agreed upon including agreed contractual rates for breakdowns and parts and resources set at current rates. Abuse of units including vandalism, fire, excessive damage by water, war, extreme ambient temperatures 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 charged to the Customer.
8.2 All Maintenance contracts are signed by both us the supplier and you the buyer with a maintenance contract which will include your asset list, agreed costs and terms of service. Payment terms of contract to be agreed with us including service interval dates. Any evidence of another contractor having performed works on any asset covered by us shall automatically make our contract agreement void. No compensation of remaining service shall be expected by us the supplier. Cancellations of contracts should be made to us in writing.
8.3 Times and dates are variable and will be booked according to customer request. PPM maintenance will usually be pre booked in a month in advance or when possible.
8.4 Payment of PPM maintenance contracts are usually payable in full unless otherwise agreed and accepted by our company Director.
All lubrication and cleaning materials shall be included in a PPM contract.
9 TERMS OF PAYMENT
9.1 An invoice will be issued and the balance is due on completion, unless otherwise stated and agreed with the supplier (Holmes Air Conditioning & Electrical Services Ltd); whereby full payment will be due on 10th working day after the invoice has issued, no later than 5pm by bank transfer.
No certification will be release to the customer until any monies outstanding is settle in full.
Failure by the Customer to submit any payment as foresaid shall entitle the Supplier “Us”, to suspend work and or charge interest on the amount outstanding at 3%[WU10] above the normal Bank of England’s base rate.
9.4 The Late payment of Commercial debts (Interest) Act 1998 as supplemented and amended by the Commercial Debt Regulation 2002. These charges will immediately apply when an invoice becomes overdue. Only under our company Directors acceptance and discretion, may an invoice late payment fee be wavered.
9.5 We reserve the right to reject any excuse for non-payment 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 a payment to avoid further action. If this is not paid it will be passed to our debt collectors who will recover our costs and additional charges (Minimum £50.00 will be added if account is sent to our debt collectors) plus the collectors’ admin fees and percentage.
9.6 The Client shall be liable to pay to the [WU11] us the Supplier, on demand, all reasonable costs, charges or losses 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 elsewhere) arising directly or indirectly from the Client’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under the Contract or agreement.
9.7 The total price for the Goods and/or Services are due in pounds sterling on the date of the invoice.
9.8 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.[WU12]
9.9 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.[WU13]
9.10 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 unpaid debt to our debt collectors who will recover our costs and additional charges (Minimum £50.00 will be added if account is sent to our debt collectors), admin fee and percentage[WU14] .
The Supplier “ Us”/Contractors”, shall endeavour to carry out the work within the period stipulated or if no period is stipulated, within a reasonable time, but shall not be held responsible for any loss of damage arising out of delay due to any cause beyond the Supplier “Us/Contractors” control.
1. Each Party undertakes that, except as provided by sub-Clause 15.2 or as authorised in writing by the other Party, it shall, at all times during the continuance of the Contract and [for <>] after its termination:
i. keep confidential all Confidential Information;
ii. Not disclose any Confidential Information to any other person;
iii. Not use any Confidential Information for any purpose other than as contemplated by and subject to these Terms and Conditions and the Contract;
iv. not make any copies of, record in any way or part with possession of any Confidential Information; and ensure that none of its directors, officers, employees, agents or advisers does any act which, if done by that Party, would be a breach of the provisions of sub-clauses 15.1.1 to 15.1.4 above.
2. Either Party may: disclose any Confidential Information to:
i. any sub-contractor or supplier of that Party;
ii. Any governmental or other authority or regulatory body; or
iii. Any employee or officer of that Party or of any of the aforementioned persons, parties or bodies;
iv. to such extent only as is necessary for the purposes contemplated by these Terms and Conditions and the Contract, or as required by law, and in each case subject to that Party first informing the person, party or body in question that the Confidential Information is confidential and (except where the disclosure is to any such body as is mentioned in sub-Clause 18.104.22.168 above or any employee or officer of any such body) obtaining and submitting to the other Party a written undertaking from the person in question, as nearly as practicable in the terms of this Clause 15, to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made; and use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is at the date of the Contract, or at any time after that date becomes, public knowledge through no fault of that Party, provided that in doing so that Party does not disclose any part of that Confidential Information which is not public knowledge.
v. The provisions of this Clause 15 shall continue in force in accordance with their terms, notwithstanding the termination of the Contract for any reason.
All notices under these Terms and Conditions and under the Contract shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
Notices shall be deemed to have been duly given:
i. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or
ii. When sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or
iii. On the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
iv. On the tenth business day following mailing, if mailed by airmail, postage prepaid.
3. All notices under this Agreement shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party
Neither Party shall be liable for any failure nor is delay in performing their obligations where such failure or delay results from any cause that beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
The Parties agree that no failure by either Party to enforce the performance of any provision in these Terms and Conditions or under the Contract shall constitute a waiver of the right to subsequently enforce that provision or any other provision. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
The Parties agree that, in the event that one or more of the provisions of these Terms and Conditions or the Contract are found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (and, by extension, the Contract). The remainder of these and the Contract shall be valid and enforceable.
7. Third Party Rights A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.
8. Law and Jurisdiction
i. These Terms and Conditions and the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
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