Conditions of contract

 

1. Working House
The customer shall give access within Aquaflame North East usual working hours. In the event of this not being given and the overtime being worked at the customer’s request, the extra cost will be chargeable in addition to the quoted price.

2. Programme of Work
Every effort will be made to meet the requirements of the Customer but no guarantee can be given at the date of commencement or completion of the work. Aquaflame North East accept no responsibility for any delay in the execution of the work, or damage or inconvenience caused, due to labour disputes, fire, accident, non-delivery or shortage of materials or other causes beyond Aquaflame North East’s control.

3. Making Good etc.
Whilst every care will be taken by Aquaflame North East, it accepts no responsibility for any damage to plaster work, decorations, flooring etc, necessarily consequent upon the execution of the work unless specifically provided for in the quotation. Cuts or holes made to allow for equipment will be made good but not permanently finished or decorated. Floorboards will be replaced but special flooring will not be permanently re-fixed.

4. Water Heating
Quotations for water heating installations are based on the assumption that the existing plumbing system is in satisfactory condition. No responsibility is accepted for defects arising in water tanks, pipes etc, during or subsequent to installation work by Aquaflame North East.

5. Wayleaves
The customer shall be responsible for obtaining and retaining any necessary consents, easement or wayleaves and for any reinstatement of disturbed ground, in the case of extensions to underground distributing lines which are within the Customer’s own property or on privately owned property over which the customer has rights of access or a tenancy.

6. Licences
Any licence, permit or other authority necessary for the execution of the work shall be obtained by the Customer.

7. Guarantee
Subject as mentioned below, Aquaflame North East guarantees all equipment installation and apparatus supplied and fixed or supplied only under this quotation for a period of one month from the date of completion of the work and undertakes to repair or replace the same at its option in the event of them becoming defective and/or to remedy any defects which are found to be due to faulty workmanship within that period, free of cost, unless otherwise specified in this quotation.

Aquaflame North East does not cover defects due to fair wear and tear, the replacement of lamps or fuses, or any causes beyond the control of Aquaflame North East. If any repairs, alterations or additions to the equipment, installation and/or apparatus are carried out by any person who has not been specifically authorized by Aquaflame North East, Aquaflame North East’s guarantee shall be null and void.
8. Fluctuations
Invoices are strictly nett and the quoted price will be adjusted to meet any price variations in labour or materials occurring after the date of quotation.

9. Terms of Payment
Payment shall become due on demand unless otherwise agreed. Failure to pay will incur and interest charge of 2% per month. Progress payments (if applied for) are not less than fortnightly intervals, for the total value of the work done and/or material delivered to site or to Aquaflame North East, shall be made within fourteen days of the application.

In the event of a progress payment not being made in full within the time above mentioned, Aquaflame North East shall have the right to stop all work forthwith and shall, at its option, be entitled to treat the Contract as having been repudiated by the Customer for the work done and materials supplied on quantum merit basis, without prejudice to Aquaflame North East right to claim damages for breach of Contract for any loss incurred in respect of plant and materials purchased or prepared for the work but should Aquaflame North East elect to resume work upon payment being made, the expense incurred by such stoppage and the subsequent resumption of work shall be chargeable to the Customer in addition to the quoted price.

The non-completion of the building as a whole or of the work of any other trade shall not affect or delay any payment due.

Aquaflame North East retains a line upon all materials, plant and machinery, even though installed or delivered on site, for the whole of any unpaid balance due to Aquaflame North East hereunder.

10. Extra Cost
In the event of suspension or cancellation of work at the request of the Customer, or lack of instructions or delay on site, caused by matters beyond the control of Aquaflame North East, any extra expense thereby incurred shall be chargeable to the Customer.

If overtime is worked or alterations are made at the request of the Customer, the extra cost incurred including a reasonable addition for administration expenses and overhead charges will be met by the Customer.

11. Provisional Sums
Variations and Additions to Contract
When the quotation includes a Provisional sum for meeting the cost of provisional or specialist work to be done or materials or apparatus to be done or materials or apparatus to be supplied, such sum shall be expended or used either wholly or in part, at the discretion of the Customer and entirely as he may desire or direct.
Charges by work carried out by Aquaflame North East include in Provisional Sums and charges in Additions and Variations to Contract shall, in the absence of supplementary estimates, be invoiced at standard day work rates for Contract Additions in accordance with the quotation or as otherwise agreed beforehand.

12. Position Of Fittings
Position of lighting points, plant etc, if not provided for in the quotation or an associated drawing are to be determined before work is commenced and any charge required therein shall be notified be the Customer to Aquaflame North East, in writing, in sufficient time not to impede the progress of the work. Any extra work necessary to meet such changes will be chargeable to the Customer in addition to the quoted price.

13. Tests
An other tests required by the Customer will be charged for as an extra to the quoted price unless such tests are definitely specified and included in the quotation.

14. Consequential Loss or Damage
Aquaflame North East shall not be responsible for any consequential damage or loss arising out of the performance of the Contract, otherwise than by the negligence of Aquaflame North East or its employees or agents.

15. Damage in Transit
Where the price quoted includes delivery, Aquaflame North East will repair or replace, free of charge, goods damaged in transit, provided the carriers and Aquaflame North East receive notification of such damage within three days of delivery and such notification is confirmed in writing within seven days, but not otherwise.

16. Scope of Conditions of Contract.
These Conditions of Contract will apply in full to all quotations and work carried out (and) or apparatus or equipment supplied by Aquaflame North East under such quotations except where specifically agreed in writing to the contrary.

17. Taxation
The price quoted is subject to any subsequent variation in taxation.