TERMS AND CONDITIONS SUBJECT TO WHICH ALL WORK IS DONE AND MATERIALS SUPPLIED
1. For the purpose of these terms and conditions, the following words shall have the following meanings:
a) "Us/we" shall mean ALL SUPERB LTD
b) "You" shall mean the customer (the person or organisation for whom ASL carry out works and/or supply any materials)
c) "Our representative" shall be the person we send to you to carry out work.
2. All work is charged for on the basis of our current hourly rate, unless we have agreed a fixed price for the job with you. The total charge to you will be the time spent by our representative carrying out the work. It will include all reasonable time spent in obtaining materials. Parts and materials supplied by us will be charged at the trade price plus a 20% handling charge.
3 .Collecting material for a job: We aim to minimize the collection of materials by carrying commonly used stock items. If we do need to collect materials we aim to keep the time to a minimum. If the time is likely to be more than 45 minutes, you will be informed before our representative leaves the job to collect the materials.
4. Fixed Price Work. Quotations will include the cost of labour and materials. The price will be fixed except for manifest errors. Quotations may need to be revised if you change the scope of the work, or if there is an increase in the price of materials, or if further works are needed to complete the work. If it is impossible for us to do the work for the previously quoted fixed price, we will give you a revised quotation for the work before commencing the work so that you can choose whether to use us or not. If you decline the quotation there will be no charges payable by you.
5. Invoices for work done are payable immediately at the end of each job. Invoices unpaid (in total or in part) will carry interest at 4% above the base lending rate of ASL's Bank from the date of completion of the work until payment on the balance due.
6. Time Keeping. We will use all reasonable endeavours to attend each job at the time and date agreed with you. However, we cannot accept any liability for either arriving late or not at all of for the late delivery or failure to supply materials.
7. If you instruct us to do works or buy materials and then cancel, we reserve the right to charge you for the cost of any time and materials incurred by us.
8. Guarantee. We have a thirty day guarantee period of our labour and the duration of the manufacturer's guarantee for all parts or equipment supplied by us. If you are not satisfied with our work, you must contract us, in writing, within three (3) months of finishing the work and allow us to come and inspect the work and carry out any necessary remedial work at our expense. You agree that if you do not contact us within three (3) months we shall have no liability. You agree to let our insurers inspect any work carried out by us.
9. Things we cannot cover. We are unable to guarantee our work, or any parts and equipment supplied by us to you if they are misused, treated negligently or if our work is repaired, modified, or tampered with by anyone other than our representative. Where we carry out works for you using materials supplied by you, we are not responsible for the quality, fitness for purpose or otherwise of such materials and accept no responsibility for them.
10. We cannot guarantee work where you order us to carry out work against the advice of our representative. This advice will be given to you either orally, or in writing. Our guarantee is also void if we indicate that further works are necessary to comply with your orders.
11. We cannot guarantee any work to unblock waste or drainage pipes. Nor can we guarantee any damage or defect caused by any work that is not done by ASL where recommended further work is not carried out or work carried out by a third party.
12. We cannot guarantee work carried out on existing installations that we consider to be below an acceptable standard or over 7 years old nor can we guarantee the effectiveness or otherwise of our work in such cases.
13. We will only be liable for rectifying our own work.
14. ASL shall not be liable for any indirect or consequential loss or damage suffered by you as a result of any defect in any work carried out by ASL or materials supplied by ASL except to the extent that such loss or damage is covered by ASL's insurance policies.
15. ASL's guarantee is not intended to affect in any way any statutory rights you may have.
16. We shall not be liable for any delay or consequences of any delay in performing our obligations if such a delay is due to any cause beyond our reasonable control and we shall be entitled to reasonable time extensions.
17. Gas. You will be solely liable for any hazardous situation under the GAS SAFE regulations and any Gas Warning Notice issued.
18. We reserve the right to refuse or decline to undertake any work.
19. We reserve the right , at our absolute discretion, to decide who our representative will be.
20. Title to Goods. Materials supplied and delivered by us to you, or your premises shall remain our property until paid for by you in full. Whilst such materials remain our property (we continue to have title over them) we have the absolute authority to retake, sell or otherwise dispose of all or any part of such materials any time and without notice; we shall also be entitled to enter any premises in which such materials or any part of them, are installed, stored or kept or it is reasonably believed by us to be so. We shall be entitled to seek a court injunction to prevent you from selling, transferring or otherwise disposing of such materials. However, the risk of loss or damage to any of such materials passes to you on delivery to you. You must insure them at replacement value and if asked you must produce evidence that they are properly insured.
21. These terms and conditions may not be released, discharged, supplemented, varied or modified in any manner except by an instrument in writing signed by us and you. These terms and conditions shall prevail over any terms and conditions used by you or contained, set out or referred to in any documentation sent to us by you.
22. These terms and conditions and all contracts between us and you shall be governed and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Courts.
23. All estimates are provided free of charge and with no obligation to proceed.
24. Verbal estimates are strictly subject to survey. All estimates will be based on the information made available and known to us at the time and are not binding unless or until confirmed in writing by ASL.
25. As a general policy ASL does not carry out surveys or any form of work in occupied residential premises unless there is an adult, that is a person over the age of 18, present at the property, preferably the home owner. In cases where it is genuinely impossible for an adult to be present, exceptions may be made but arrangements in such circumstances must be discussed and agreed by us before any work is carried out by us.
26. Whilst every care will be taken, should existing sanitary ware or furniture or fittings need to be removed and later reinstated, ASL cannot be held responsible for any unavoidable damage which might occur.
27. Power flushing to remove debris from a central heating system can sometimes expose or reveal previously undetectable faults, weak points, breaks or faults in the system. ASL cannot be held responsible for any such pre-existing conditions which might be revealed or for any resulting damage which might occur. We cannot guarantee a Powerflush or the effectiveness due to the nature of the job or the length of time the heating system will stay free of debris.
28. ASL is insured for both commercial and domestic development work.