For the purpose of these terms & conditions the following
words shall have the following meanings:
(a) “The Business” shall mean Leon York Heating.
(b) “The Customer” shall mean the person or organisation for whom the Business
agrees to carry out works &/or supply materials.
The Operative or Engineer shall mean the representative appointed by the Business.
The Business reserves the right to refuse or decline work at its own discretion. Where the Business agrees to carry out works for the Customer those works shall be undertaken by the designated operative of Business at its absolute discretion.
The Business shall not be under any obligation to provide a quote to the Customer & shall only be bound (subject as hereinafter) by quotes given in writing to the Customer. The Business shall not be bound by any estimates given orally or in which manifest errors occur.
Invoices are due for payment immediately upon delivery to the Customer.
Where the date &/or time for works to be carried out is agreed by the Business with the Customer, the Business shall use its best endeavours to ensure that the operative shall attend on the date & at the time agreed. However, the Business 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.
If, after the Business has carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice within 28 days to the Business & shall afford the Business, and its insurers, the opportunity of both inspecting such works, & carrying out any necessary remedial works if appropriate. The Customer accepts that if they fail to notify the Business as aforesaid then the Business shall not be liable in respect of any defects in the works carried out.
The Guarantee/Warranty shall be for labour only in respect of
faulty workmanship for 28 days from the date of completion with the manufacturer's Guarantee/Warranty in force. The Guarantee/Warranty will become null & void if the work/appliance
completed/supplied by the
Business is:
(a) Subject to misuse or negligence.
(b) Repaired, modified or tampered with by anyone other than a
Business operative. The
Business will accept no liability for, or guarantee suitability, materials supplied by the Customer & will accept no liability
for any consequential damage or fault.
All boilers fitted with Guarantee/Warranty are subject to a yearly annual service by a gas safe registered engineer in order for the Guarantee / Warranty to remain valid with the manufacturer.
The
Business will not guarantee any work in respect of blockages in waste & drainage systems etc.
The
Business 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
Business will not be guaranteed.
The
Business 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 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 Safe Regulations or Gas Warning Notice issued.
Where the Business agrees to carry out works on installations of inferior quality or over ten years old at that date no Guarantee/Warranty is given in respect of such works & the Business accepts no liability in respect of the effectiveness of such works or otherwise.
Engineers operate under their own Gas Safe Registration & as such are solely responsible for any Gas related work & subsequent liability.
The Business shall be entitled to fully recover costs or damages from any operative/engineer/contractor whose negligence or faulty workmanship results in the Business being made liable for those damages or rectification of the work.
These terms & conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative of the Business & by the Customer. Further, these terms & conditions shall prevail over any terms & conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Business; by entering into a contact with the Business, the Customer agrees irrevocably to waive the application of any such terms & conditions.
Title to any goods, supplied by the
Business to the Customer shall not pass to the Customer but shall be retained by the
Business until payment in full for such goods has been made by the Customer to the
Business.
Until such time as title in the such goods has passed to the Customer:
(i) the
Business 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
Business,
(ii) for the purpose specified in (i) above, the
Business 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.
(iii) the
Business shall be entitled to seek a court injunction to prevent the Customer from selling, transferring 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
Business with a certificate or other evidence of such Insurance.
The Business 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 Business shall be entitled to a reasonable extension of the time for performing such obligations.
The Business shall only be liable for rectifying works completed by the Business & 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 awarded between the Business & Customer shall be governed & construed in accordance with English law & shall be subject to the exclusive jurisdiction of the English law.
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