1. Please read the following clauses carefully as they tell you
everything you need to know about the agreement you will enter into, in respect
of Greenables Ltd. In all clauses, the company refers to Greenables Ltd. If you
are uncertain as to your rights under them or you want any explanation about
them, please write or telephone us at the address or telephone number given.
2. The company has quoted the cost of installing central heating and/or
plumbing equipment that meets the requirements of your home. Once you have
accepted this quotation in accordance with below, the company undertakes to
carry out all the works necessary to complete the work described in your
specification and this quotation subject to the conditions contained in this
agreement.
3. If you require a particular date for the works to be carried out, the
company will do all that it reasonably can to meet the dates given for the
installation. The company also understands that there might be instances when a
date for installation cannot be met by you, and as a result no party shall be
liable for costs or able to cancel this agreement. In case of unforeseen
circumstances, beyond reasonable control of the company or you, the company
will contact you and agree an alternative date.
4. The company will carry out the whole of the work specified in this
quotation at the price quoted during normal hours, which are between 8am and
5.30pm Monday to Friday. Any variations or additions requested by you will be
subject to an additional charge and if the company is delayed or prevented from
installing by the agreed date due to delay or default on your part, the company
may on written notice to you, add to the charges at a reasonable sum in respect
of any additional costs incurred.
5. You shall at your own expense obtain all necessary consents for the
installation of the works, including (without installation) building
regulations and planning consents, consents from neighbours and mortgages.
6. If you are a tenant, you may need your landlord’s permission for an
installation to be carried out. The company will assume such permission has
been granted and shall have no liability for any loss or damage arising from
failure to obtain such permission.
7. You will provide reasonable access to enable installations to be
completed. You will also be required to provide the necessary service utilities
for installation at no charge.
8. Your order as accepted subject to the condition that there must be an
adequate power supply to the dwelling prior to the commencement of the work.
Without prejudice to the company’s rights where such supply is not laid to
enable work to commence, the company may cancel the contract and shall not have
any liability for any costs, loss or damage arising from such cancellation
9. The prices specified in this agreement do not include the price of
removing any dangerous waste materials such as asbestos found when carrying out
the installation. If during the execution of the works, asbestos is
encountered, the company reserves the right to withdraw its installation staff
immediately until the site is made safe. The cost of removing asbestos is not
included within the price.
10. Where the company needs to connect new equipment to your existing
plumbing or heating system, it will not accept liability for the cost of
repairing or replacing parts of your existing system, which subsequently
develops faults. In certain situations, the company may charge for visits made
to your home by the company’s engineer if your system is faulty or has
developed a fault after the installation has been conducted. The company will
not accept liability where you heating system does not function properly
because your water supply becomes inadequate, or the water pressure becomes
invariable.
11. Greenables Ltd accepts no responsibility for any existing
installations that are present. This relates in particular, but not only to any
pipework, radiators and radiator valves, heating valves, pumps, shower pumps,
electrical controls and/or bathroom / WC services that might be affected as a
result of a conversion from a tank fed system to a sealed system or from power
flushing of pipework and radiators. This change to a higher pressure rated
system and power flushing can cause leaks in components that Greenables LTD
will not be liable for. Any cost of repairs for which Greenables LTD are not
liable for will be charged in accordance with our standard company charges. If
your system is excessively full of magnetite and sludge, a further power flush
might be required at some point later (e.g. 3 years). Further power flushes
will be chargeable at our standard power flush rates. Furthermore, if the buyer
has requested that an existing appliance be re-installed or moved (e.g. Boiler,
meter), Greenables accepts no liability for any internal leaks or malfunctions
of this boiler, meter, as a direct result of this installation.
12. The warranty for a renewable technology and or cylinder will be
covered by the manufacturers as agreed in the quotation. The warranty only
applies to the renewable’s technology.
It does not apply to any existing parts of the system. All other works carried
out by Greenables LTD (parts and labour) are guaranteed for 1 year. However,
any existing components or pipework not changed are not included within this
guarantee. Furthermore, all boilers need to be serviced annually to remain
under warranty.
If the
warranty becomes void due to the appliance not being serviced, then GREENABLES
LTD accepts no responsibility for this. We will contact our clients to remind
them to have it serviced, but the responsibility of having it done lies with
the customer.
13. The company accepts no liability for the removal of any carpets,
linoleum and special types of flooring, e.g. tongue and grooved, parquet, hard
wood or tiled floors in order to carry out the installation, accept in
circumstances where the company has been negligent.
14. The company will take all reasonable care to carry out the
installation. However, you accept that the installation including removing or
destroying existing fixtures or fittings may cause damage to your decorations
and fittings in your home. This provision does not exclude the company’s
responsibility for damage, which is beyond which is reasonably commensurate
with the installation. It is anticipated that certain areas in your home may
need redecoration following completion of the central heating installation.
This will be your responsibility and is not included in the price.
15. All Greenables Employees and Subcontractors are insured against loss
or injury through their negligence.
16. The company shall not have any liability for any failure to perform
its obligations under any quotation if it is prevented from doing so by any
cause reasonably beyond its control; including without limitation; adverse
weather conditions, fire, accident or war, a failure or delay attributable to
any electricity, water or gas network, the act or omission of any party for
whom the company is not responsible.
17. The company will not be liable under this agreement for any loss or
damage caused by the company or its employees or agents in circumstances where.
17.1. There is no breach or illegal duty of care owed to you by the
company or by any of the company’s employees or agents.
17.2. Such loss of damage is not a reasonably foreseeable result of any
such breach.
17.3. Any increase in loss or damage resulting from breach by you of any
term of this contract.
18. The company does not exclude any liability for loss of or damage to
property directly resulting from the company’s breach of the agreement, but the
company’s liability for such loss or damage shall be limited to those losses
which are of a foreseeable consequence of the breach in respect of any one
incident or series of incidents whether related or unrelated in any period of
twenty-four months.
19. To complete your installation the company will use its authorised
employees or agents. All contractors are approved by the company are qualified and
accredited and chosen carefully to carry out high standards or workmanship.
20. Standard charges. All charges will be clearly laid on within our
quotation. In situations when a quotation has not and/or cannot be provided
(e.g. Immediate or Emergency works), then our normal charges apply and are as
follows:
20.1 Hourly rate £120 per hour (or any part thereof) plus any other
additional travel and parking charges (see below). Emergency call out, evening,
weekend and bank holiday rates may vary.
20.2 Material charges. These will be applied for the supply of any parts
and materials necessary beyond those quoted, and any such charges will be
identified on the final invoice you receive.
20.3 Troubleshooting. Where the customer has requested that we
troubleshoot a problem only but not to carry out the work, then our standard
hourly rate plus any additional travel charges (as below) will apply.
20.4 Boiler and heating Servicing. The cost of a standard service is 250.00
plus 5% VAT, plus any additional travel and parking charges (as below) . Please
note, this a service and not a repair. Any additional time spent on a repair,
or materials bought will be added on accordingly.
20.5 Parking permits. It is the responsibility of the homeowner, tenant
or agent to provide a parking permit or to register our van with the local
authority for parking, wherever possible. This particularly applies where there
are no pay and display parking bays within a reasonable distance (typically
100m) of the property. This is because it is very inconvenient and time
consuming to have to walk to and from the van for parts that might be needed
and to keep checking on it for wardens. Therefore, we kindly request that our
customers organise parking prior to us arriving, our vehicle registration
details are available upon request.
20.6 Call backs, should you feel there is an issue with our work, then
we will be very happy to return and rectify it at no cost. However, should we
return to site for a call back, but the problem be unrelated to the work
carried out by GREENABLES LTD , then our standard charges shall apply.
20.7 All of our estimates and quotations are free and without
obligation.
20.8 All prices quoted exclude VAT @ 20%.
21. Acceptance of Quotation. Acceptance of quotation can be made by
electronic email to Greenablesltd@gmail.com or by letter to Greenables Limited,
5 Parker Way, Halstead, Essex, CO9 1NR.
22. Where an order includes customised items, these items will be
non-refundable once the order is placed with us, and should you cancel your
order with us the cost of any custom items shall still be payable in full.
Where a previously accepted order is cancelled with less than 7 days’ notice we
reserve the right to still invoice you for any items that are priced at £700 or
greater.
23. Payment is to be made by BACS (preferred) or by cash on the day or
by Cheque. Please note, due to cheques being lost in the post, is advisable to
inform us when the cheque has been sent and with the invoice number on it.
Cheques should be made payable to Greenables LTD.
23.1. Title in the goods will not pass to the Buyer but shall be
retained pending payment in full of the price. Until such time as title passes
to the Buyer, the Seller shall have an absolute authority to re-take, sell or
otherwise deal with or dispose of all or any part of the goods in which title
remains vested in them.
23.2. For the purposes specified above, the Seller or any of their
agents or authorised representatives shall be entitled at any reasonable time
during normal working hours to enter without notice onto any premises where the
goods or any part of the goods are installed, stored or kept or are reasonably
believed to be.
23.3. The Seller shall also be entitled to seek an injunction to prevent
the Buyer from selling, transferring or otherwise disposing of the goods.
24. For all projects where stage payment terms apply, payment MUST be
paid with 7 days of each stage completion. Failure to do so will instigate
legal proceedings.
25. In the event of any alleged minor defects the customer shall not be
entitled to withhold more than 5% or £250 (whichever is greater) of the balance
due.
26. Once the company has corrected the minor defect as outlined in
clause 20, the withheld amount, 5% or £250 must be paid in full.
27. Where payments are not made up on the due date as per above clauses,
the company will charge daily interest on late payments at a rate of 8% above
the base lending rate of Lloyds TSB Bank plc. If you make payment and it is
subsequently stopped, declined or returned by the bank for any reason, the
company will charge you administration costs (letters and telephone calls made
to you and any other charges incurred).
28. You will be sent an invoice for payment within seven days of
installation completion. Failure to make payment within specific time periods
as outlined within the quotation and/or the Terms and Conditions, will
instigate legal proceedings to commence. These will carry by a registered Legal
firm and all proceedings will be governed in accordance with English Law.
29.The fault is not due to your existing radiators and/or pipework,
valves, pumps or boiler.
29.1. The work carried out has not been properly kept, used, serviced
and maintained in strict accordance with the manufacturers or the company’s
instructions and has not been modified accept with the company’s consent.
29.2. The fault is not due to accidental or wilful damage, fair wear and
tear, interference with or maintenance work by a third party.
29.3. The customer makes no further use of works after the defect had
been or ought to have been discovered.
29.4. All free guaranteed work will be carried out during normal working
hours.
29.5. Nothing in these conditions will reduce your statutory rights relating
to faulty or mis-described goods.
29.7. Where attendance of the companies’ engineer is needed for any
purpose other than a scheduled maintenance visit or for the company to meet its
guarantees as per above clause, a charge for such attendance will be made. This
will need to be paid on the day of the engineers visit. If on attendance to
your premises by the companies engineer it is established that the fault on the
system is covered by your free guarantee and does not concern your existing
system, any monies paid by you will be refunded.
30. After delivery of any goods from the company, you will be
responsible for their safe keeping and you should make sure that you are
adequately insured against loss or damage which may occur to those goods.
31. This agreement is personal to you and not transferable to without
written authority from Greenables ltd.
NOTICE OF RIGHT TO CANCEL
Following the Company’s acceptance of our order, in accordance with
terms above and in conjunction with the “Cancellation of Contracts made in a
Consumers Home or Place of Work Regulations 2008 you are entitled to a 14-day
cooling off period commencing from the date of the contract. You have a right
to cancel the contract within this period (not if works have commenced however)
and this right can be exercised by delivering, or sending (including by
electronic mail) cancellation notice to Greenables LTD Limited, 5 Parker Way,
Halstead, Essex, CO91NR or by email to Greenablesltd@gmail.com at
any time within the 14 days starting with the day of receipt to notice in
writing of the right to cancel the contract. We will permit you to cancel the
contract by sending the written notice no later than 14 days after the date on
which acceptance of the works took place. If you request cancellation at a
later date, then unless we are in breach of contract, we have the right to
refuse or retain all or part of your deposit.
Greenables Ltd