1. Our invoices are subject to immediate payment.
2. This quotation is based on today’s labour rates appliance and material costs and is subject to adjustments in respect of alterations in rates and costs between the date of quotation and execution of work.
3. If the work has to be suspended or varied at the customers request, or for any cause beyond the control of Simon Howard or if the customer requires work to be carried out outside normal working hours Simon Howard shall be entitled to make a reasonable additional charge for the extra costs incurred.
4. Simon Howard shall not be liable to the customer with failure to perform any obligation under this agreement or delay in completing the work if and to the extent that they are prevented from or hindered in so doing by act of God, the elements, third parties, riot, fire, labour disputes, non availability of materials, defects of pipes, plant or machinery or any other factor beyond the control of Simon Howard. Time shall not be of the essence under this agreement.
5. This Quotation is given and the installation undertaken by Simon Howard on the condition that any necessary licenses, authorities or permissions, including consent of the landlord are first obtained by the customer in order that the installation work may be undertaken.
6. Simon Howard reserve the right to employ such sub contractor(s) as Simon Howard may nominate to carry out the work.
7. All materials accepted at the customers premises whether fixed or unfixed are at the sole risk of the customer and should they be damaged, destroyed or stolen, Simon Howard shall be entitled to full payment thereof and also for any work damaged, destroyed or lost and the cost or replacing such materials or appliances and of reinstating or restoring any such works shall be charged as an extra provided that the customer shall not be responsible for any loss occasioned solely by the negligence of Simon Howard their sub contractor(s) or their respective employee.
8. Notwithstanding anything contained in clause seven hereof the customer shall be solely responsible for all loss or damage to the contract works arising from fire howsoever caused including unfixed materials on the work and shall indemnify Simon Howard against such loss or damage.
9. Subject only to any damage occasioned solely by the negligence of Simon Howard their sub contractor(s) or their respective employees.
(1) Simon Howard do not accept liability for any damage to the installation or appliances or property caused by frost or adverse weather conditions or any consequential loss arising therefrom and;
(2) Connections to pipework, water tank systems, baths, sinks, washbasins, and existing flue installations are made at the customer’s risk.
10 This quotation includes the lifting and replacing of normal floor boards if necessary, but carpets, lino, rubber, parquet, tiles, hard wood or other special flooring must be removed by the customer before the work is carried out. Simon Howard will accept no responsibility for making good such items on completion of the work.
11. Acceptance by Simon Howard of an order to supply the goods and carry out the works specified is subject to Simon Howard credit check on the customer proving satisfactory.
12. All prices are strictly net except as otherwise stated, interim accounts may be rendered on a calendar monthly basis up to the full value of the works executed and of material delivered to site at that time. Payment of interim accounts shall be made within seven days from the date of rendering any such accounts unless other special arrangements shall be made.
13. Simon Howard reserve the right in all cases to require payment of all or part of the quoted price before the work is carried out.
Subject only to any damaged occasioned solely by the negligence of Simon Howard their sub contractor(s) or their respective employees Simon Howard disclaim responsibility for any damage arising from the condition of the premises or existing installation therein.
15. Unless specifically stated to the contrary, this quotation does not include the cost or the responsibility for making good external surfaces, the making good of external and internal decoration, or the painting of radiators and/or pipework, redecoration or additions to cold water and secondary services.
16. Any drawings and specifications referred to in the quotation shall form part of the contract.
17. Simon Howard will not be responsible for providing or cleaning suitable pipe chases or channels to the agreed outlet points when undertaking internal pipework.
18. Any acceptance of this quotation by the customer shall be deemed to constitute the customers acceptance of an agreement to be bound by these terms and conditions.
19 Unless specifically stated to the contrary this invoice does not include the cost or re.sponsibility for permanent reinstatement of excavations made within the customer’s property. Simon Howard will carry out temporary reinstatement but will not accept any responsibility for this or any consequential loss or damage thereby.
Permanent reinstatement, which may be necessary after natural settlement has taken place, is the responsibility of the customer.
20. Unless specifically stated to the contrary this quotation does not include provision for the alteration of existing, or the installation of new internal pipework other than is necessary to give effect to the installation presently quoted.
21. Should the existing gas supply pipework be found unsafe or substandard any remedial works required are not covered under this quotation.
22. Provision for the earthing of electrical installations by cross bonding of main gas and water pipes shall be the responsibility of the customer. The customer shall be responsible for instructing a competent electrical contractor(s) to perform the work. The Institute of Electrical Engineers Regulations for Electrical Installations 15th Edition 1981 as amended shall apply to any such bonding of main gas and water pipes.
23. The customer shall make a non returnable deposit payment on order and the balance will be due on completion. Interest at the rate of 4% each month will be charged from the seventh day on all monies outstanding under the contract.
24. If we refer your account to a collection agency (which may be a firm of solicitors), we will add a referral fee to the amount owed. The current referral fee is £200.00. We will continue to add late payment charges to the amount owed at the rate of 5% each month until the actual date of payment (both before and after any judgement). Any delay or default by the customer in making payment in accordance with condition 23 shall render any sums owing to Simon Howard on any account whatsoever including the costs of recovery of such sums, due and payable forthwith without requirement for any notice to be given to the customer, and the interest will be charged in accordance with conditions 23 & 24 with immediate effect until the date of actual payment.
25. The customer shall not be entitled to withhold payment of any amount payable to Simon Howard by reason of any dispute or claim by the customer.
26. All appliances and materials accepted at the customer’s premises whether fixed or unfixed shall remain the property of Simon Howard until payment is received in full.
All new appliances bought from Simon Howard and installed by Simon Howard or their sub contractor(s) are guaranteed for 24 months from the day of installation. If within 24 months from the day of installation there are any faults arising from faulty workmanship, defective parts or materials they will be remedied free of charge. Any disassembling, tampering, repair or damage by the customer or others will void the guarantee. This guarantee does not take away any of the customers rights in law and for certain appliances may apply for a period in excess of 24 months.
NOTICE OF THE RIGHT TO CANCEL
You are entitled to cancel your agreement. If you wish cancel, you MUST DO SO IN WRITING WITHIN 14 DAYS of receipt of the quotation and deliver it personally or send (which may be by email) to the address provided. Your notice to cancel will be taken to have been received, as soon as you post or send it to us or in the case of email from the date it is sent to us. Please note that you will be required to pay for any goods or services Simon Howard have provided to you if you ask us to start work before the end of your cancellation period.
Where we cannot resolve any complaints using our own complaints procedure, as a Which? Trusted Trader we use Ombudsman Services Ltd for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact Which? Trusted Traders in the first instance on 0117 981 2929
References in these terms and conditions of business to Simon Howard are references to Simon Howard, of Corner Farmhouse, Redbourn Road, Hemel Hempstead, Hertfordshire, HP2 7AZ . References to you, the customer are references to the person to whom the invoice is addressed.