www.JamesDaniel.net
120 Canterbury Road Margate Kent CT9 5DF
02034882993
07500057935
[email protected]
VAT REG 380 4660 94
Please read the following terms & conditions carefully as they will tell you everything you need to know about the agreement you will enter into once you accept an Estimate for JAMES DANIEL DEVELOPMENTS to carry out work in your home or business premises.
- DEFINITIONS
For these terms and conditions the following words shall have the following meanings:
1.1. The term “Company” shall mean The Company James Daniel Developments
1.2. The term “Customer” shall mean the person or organisation for whom the company agrees to carry out works and/or supply materials
1.3. The term “Operative/Engineer” shall mean the person/s completing the installation on-site.
PROVISION OF SERVICES
2.1 Estimates are subject to work commencing within 30 days from the date of issue. Should you decide to proceed with the work after that date, The Company reserve the right to change the original estimate provided due to material and labour cost changes. Any changes will be explained in full. The Company shall only be bound by estimates given in writing and signed by a duly authorised representative of The Company. The Company shall not be bound by any estimates given orally or in which manifest errors occur. Any documents or measurements provided to JDD are accepted & to be used on the basis that they are true & accurate, any items that are missing from the documents that have been provided to JDD are the responsibility of the provider
2.2 The Company will carry out the whole of the work specified in the estimate. Should any additional work or variations to the estimate be requested by The Customer after work has started this may result in an additional charge. Additionally, if work not included in the estimate is further required to complete the task, or parts are required for replacement, this may result in an additional charge. As this estimate is based on the works which were visible during the site visit if one was carried out previously
2.3 The time estimated to complete the required work is to the best of our knowledge accurate. We will not accept liability for any cost, losses or expense of whatever nature incurred by you as a result of any delays.
2.4 Where the date and/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure that the operative/engineer attends on the date and at the time agreed. However, the Company 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, and or if materials are delivered faulty, all materials supplied are via third parties, and may be non-refundable due to the suppliers own T&C’s. Our standard working hours are 08:00 – 16:00, unless agreed otherwise
2.5 The price specified does not include the cost of removing any dangerous or hazardous waste material including those required under Section 19 of the Landfill Regulations or Waste Electrical Equipment Regulations. This will be subject to an additional charge. 2.6 if when carrying out work asbestos is encountered the Company reserves the right to withdraw its operatives/engineers immediately until the site is made safe. The cost of removing asbestos is not included within the price. The Company can upon request of the Customer provide an additional cost for removal of the asbestos.
2.7 If you are a tenant, you will need your landlord’s permission before work can be carried out. The Company will assume that you have obtained such permission and will not be held liable for any loss or damage however arising from failure to obtain permission.
2.8 It is The Customer’s responsibility to ensure that there is an adequate gas supply to the property prior to the commencement of work. It is The Customer’s responsibility to make adequate provision for the removal of floor coverings, fitted furniture etc. The Company will not be held liable for any damage or loss resulting in failure to do so.
2.9 If required, any necessary consents will be in place before work commences on site. The Customer will obtain all necessary consents at their own expense, including planning consent, neighbours and mortgage providers.
2.10 All work will be carried out in a professional manner but The Company cannot be held liable for any damage unavoidably caused to decorations, fittings and the like as a result of installing/maintaining any new or existing equipment as specified in the estimate or removing, replacing or disturbing existing pipework, appliances, tanks, cylinders or other fixtures and fittings.
2.11 Where The Company need to connect new equipment to your existing central heating, cold & hot, or electrical systems it shall not be liable for any breakdown or poor performance of or damage caused to your existing system subsequent to connection.
2.12 The Company will not accept liability for any deterioration in the performance of the central heating system caused by fluctuations in or inadequate water pressure provided by your water supplier.
2.13 The Company shall not have any liability for failure to perform its obligations under the estimate if it is prevented from doing so by causes reasonably beyond its control.
2.14 The Company shall not have any liability for any indirect, special or consequential loss or damage or loss of profit with the exception of damage for death or personal injury. The total liability of The Company under this agreement shall not exceed the price paid. Further, should any additional work be required as a result of such unforeseen circumstances, The Customer will be responsible for meeting the costs of such work
2.15 To complete any work as quickly as possible The Company may need to use sub-contractors. The Company will ensure high standards of work carried out by approved sub-contractors. All sub-contractors will have suitable identification.
2.16 An estimate/invoice cannot be varied except in writing by The Company.
2.17 If, after the Company has completed the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 28 Days to The Company and shall allow The Company and its insurers the opportunity of both inspecting such works and carrying out any necessary remedial works if appropriate. The Customer accepts that if they fail to notify The Company as aforesaid then The Company shall not be liable in respect of any defects in the works carried out.
2.18 Materials and tools held at The Customer’s premises are the responsibility of The Customer to ensure they are safe and secure – any losses of materials on site are chargeable.
2.19 If the company is doing work at the customer’s rented property on behalf of a landlord, the tenant must be bound by the terms of the contract and if for any reason the landlord refuses to pay, the tenant will be liable to pay and reclaim all cost back from the landlord.
2.20 Completed work may be photographed and used by The Company who own the copyright to such photographs.
2.21 This agreement is governed by English law and the parties agree to abide by the exclusive jurisdiction of the English courts. Cancellation of any material purchased for use on the job and subsequently not required are chargeable at the suppliers “handling/restocking charge”.
2.22 We reserve the right to decline any work.
2.23 Unsafe or incorrectly fitted gas appliances covered by CORGI will be disconnected at the main supply and the regulatory authorities informed accordingly.
2.24 The estimate price includes where appropriate, an electrician to wire, test and certify the appliance for connection to your property’s electrical supply. This assumes that your current wiring is sound and requires no alteration in order to meet the required standard under the current regulations. Should any alteration be required then the electrician will discuss any extra costs with you before work is carried out. You will be required to settle this extra cost directly with the electrician.
2.25 The Company will not be responsible for the loss of cavity wall insulation materials resulting from openings that need to be made as part of the installation works.
- Ensure security against unauthorized entry of the property at all times
- Water and electricity will be supplied free by the client for the duration of the works
- Allow to clean site once works are completed, and during as necessary
- Rubbish removal (once works are completed and during as necessary) if necessary will be added to the final invoice
- The Company shall provide Public liability insurance, which will cover The Customer, The company, and its Operative/Engineer
- Washroom/ Welfare services to be provided by The Customer
- Parking payments if required, will be added to final invoice if parking permits can not be supplied
- Congestion charge payments if required, will be added to final invoice
- ULEZ payments if required, will be added to final invoice
- Opinions/ advise provided is based on experience and is free from liabilities, information provided is to help you make an informed decision, with as much information as possible to the best of our knowledge
- All works provided are bespoke and as such are to suite the individual needs of each part of the process required to carry out the works listed above within the estimate
- This estimate is limited to the items listed above as these are all that have been priced for, if anything has been missed please get in contact immediately so this can be rectified
- A confirmation email will be required before works are started and a minimum deposit of 15% unless agreed otherwise
- (Deposit invoice with payment details will be sent once estimate has been confirmed)
- James Daniel Developments reserve the right to update their Terms & Conditions at any point
3 PAYMENT
3.1 All balances are due for immediate payment upon completion of the substantive work excluding any minor works still outstanding. Failure to make payment within five working days from receipt of invoice may result in a 15% late payment charge being applied and the matter being referred to our Debt Collection Agents whose charges will be added to, and payable with the invoice debt.
3.2 Larger works requiring interim payments will be sent on a fortnightly basis and are to be paid within 48 hours
3.3 In the unusual circumstance that The Company has to fix outstanding snagging issues the customer may not use this as reason to withhold payment.
3.4 Title in the goods will not pass to The Customer but shall be retained by The Company pending payment in full of the balance. Until the title passes to The Customer, The Company 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.
3.5 Should full payment not be received by agreeing to our estimate you give our company permission to remove any and all goods supplied as a part of the works we have carried out, this also includes being able to make means of entry as necessary to remove our goods.
4 GUARANTEE AND WARRANTIES
4.1 All structural and renovation works carried out by The Company carries a 12 months guarantee (only where materials are supplied by The Company), except servicing/maintenance/repair works which is guaranteed for 28 days. All snagging must be brought to our attention within 4 weeks of finishing, (finishing is the last day of works as per the estimate is carried out, or additional works as agreed, this does not include snagging and not when our invoice is issued).
4.2 External drains, gutters and plumbing works exposed to the weather elements are not covered by any warranties provided by The Company, all liability resting with the material supply warranty and the property owner.
4.3 The Company guarantees pipework in direct relation to the appliance or any other items that were replaced or installed during the works completed by The Company for 12 months from the commission date unless stated otherwise on the estimate. The warranty does not cover acts of vandalism, third party negligence, acts of God, wilful damage or issue arising due to the failure of materials supplied (any repairs required will be down the manufacturer of materials supplied, and their terms and conditions). This also does not include Servicing, maintenance or repair work which is guaranteed for 28 days.
4.4 The Company will provide a 28-day guarantee after commissioning of the new appliance to investigate any and all faults relating to works carried out as per the estimate. The company will not accept any liability to replace or repair faulty components unrelated to the installation. If The Company are instructed to investigate a fault by the Customer after the 28-day period, a £120.00 + VAT call out fee will be applicable if the Engineer establishes that the Company are not responsible for the Fault. The Company will not accept liability for a System Rebalance, System Re-Pressurisation or System Air Bleeding.
4.5 The company cannot guarantee any services, parts and equipment supplied to the customer if they suffer misuse, are treated negligently or if the company’s work is repaired, modified, or tampered with by someone else or if the material used is supplied by the Customer or if The Company indicates that further works need to be carried out.
4.6 The warranty for a boiler and or cylinder will be covered by the manufacturers as agreed in the Estimate. The warranty only applies to the boiler. It does not apply to any existing parts of the system. The Company will not be liable for the cost of resolving existing circulation issues.
4.7 The manufacturer’s parts and labour warranty is registered by The Company on full payment of the balances by The Customer. If The Customer does not finalise balances within 72 hours of Completion they risk voiding the manufacturer’s parts and labour warranty of which The Company accepts no liability. If all or any part of the installation remains incomplete after the commissioning of the appliance, a 95% payment of the outstanding balance will allow The Company to register the appliance warranty and avoid any risk of the appliance warranty being voided.
5 CANCELLATION
5.1 As part of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:The Customer has a right to cancel this contract starting 14 days from the day this contract is made and to have any deposits returned provided the customer has informed The Company in writing.
5.2 If a customer wishes to cancel once the works have been started within the 14 day cancellation period they can still cancel but The Company shall be entitled to full payment for all work completed and materials bought/ supplied up to the date of cancellation. There may also be additional cost incurred by the customer for works lost due to the loss of other works.
5.3 If a customer wishes to cancel prior to the works commencing, during or after the 14 day cancellation period, a cancellation fee may be applicable due to loss of other works.
If you have any further queries do not hesitate to get in contact, as I will be happy to be of further assistance. References can be provided at your request. Hoping this meets with your approval, and I look forward to hearing from you in the near future.
Kind regards
Aaron Boardman