Terms and Conditions
STANDARD SET OF FAIR AND REASONABLE CONDITIONS BETWEEN C HANLON LTD AND THEIR CUSTOMERS
a. The price quoted is strictly net and is based on current costs of equipment, materials and labour.
b. The Estimate will remain valid for 30 days from the date stated inserted at date of estimate and can be accepted anytime during this duration of 30 days. In the event of the estimate being accepted within such a period 30 days the contractor reserves the right to take account of any variations in the costs of equipment, materials or labour during this period and would inform of such of any variations prior to works commencing. If however the tender is not accepted within this 30 day period the tender would therefore lapse and would need to be re-estimated.
c. The contractor may make in certain circumstances an extra charge in respect of any period of time during which he is unable to proceed with the work on account of delays which have arisen through no fault of his.
d. The estimate is based on the work being done during normal working hours of 08:30Hrs and 17:00Hrs.
e. Unless otherwise stated the estimate does not cover any work by other trades nor any statutory fees such as fees relating to planning permission, water regulations, building warrants, encasement of pipes and plaster work etc.
f. Any additional work or variation shall be charged on a time and materials basis or be subject to a separate estimate.
2. Terms of Payment
- Prior to any job being carried out we will require deposit of 25% of the total estimate cost, we may also require credit card details so as to guarantee payment. Please be advised some Credit card companies incur a charge for payment which is not covered by C Hanlon
- Payment will be due on completion of the works although should the customer require an invoice to be sent payment must be made within 5 days of invoice otherwise we shall apply an invoice administration charge of £20.00 or 20% to the invoice, whichever is the greatest.
- Should any payment made be stopped or cancelled we reserve the right to charge a minimum of £50 for administration, which will also apply to payment not honoured by the bank or building society etc.
- Any progress payments which will become due are detailed in the estimate/tender in addition the contractor has the right to call for a proportionate progress payment which will be determined by C Hanlon. The sum requested will be at C Hanlon’s discretion which will be based on a fair and reasonable basis depending on the contract value.
- Account queries – These should be addressed to our Credit Controller by email, telephone or in writing. Please give full details of your account and/or job number along with full details of your query. The contact details are, email firstname.lastname@example.org, Tel: 0141 621 2785, or on writing to our Head Office at: 6 Brackenrig Road, Glasgow, G46 8QQ. On receipt of your account query or complaint we will endeavour to deal with it within 10 days, although in some instances it can take longer due to holidays or circumstances out with our control. In instances such as this we recommend that you make a payment to account as in most circumstances the full payment or a discounted payment will be due. By making such a payment you will reduce the likelihood of a surcharge or administration charges being applied. We would recommend that a payment to 90% of the value be paid.
- Overdue payments shall be subject to interest at the rate of 8 per cent per annum on the sum outstanding in respect of residential property and at the rate specified in the Late Payment of Commercial Debts (Interest) Act 1998 in the case of commercial premises and in addition will be subject to an administration charge of £20.00 or 20% of the invoice, whichever is the greatest.
- The customer will be responsible for all legal costs incurred including tracing and Sheriff Officer’s fees, debt collection costs and all other vouched outlays incurred due to the debt.
- C Hanlon head office will determine to which jurisdiction court action will be taken.
- Disputed accounts and account queries, if a query arises C Hanlon may still request a payment to account until such times as the dispute has been resolved, if an over-payment has been made any sums due to the client will be made within 5 days. The sum requested by C Hanlon will be at their discretion and will be fair and reasonable. Failing to comply with the aforementioned will result in late payment charges being added to the full sum outstanding.
- C Hanlon shall make every endeavour to carry out the work within the period stipulated or within a reasonable time but we shall not be held responsible for any delay, loss or damage arising out of any cause beyond his control.
- Because of changes in design or modifications by the manufacturers or through lack of availability then C Hanlon may not be able to supply the equipment originally specified. In such event he shall be regarded as satisfactorily completing the contract if he supplies with the agreement of the customer and satisfactorily and reasonable alternative item and the price adjusted accordingly.
4. Ownership of Materials
All materials, appliances and fitments and other goods shall remain the property of the contractor until all accounts have been settled in full. Failure to pay may result in materials being removed. The contractor will not be liable to any damage caused by the removal of said materials.
C Hanlon shall be responsible for equipment, materials and labour supplied by them during the course of the work, but shall not be liable to replace the equipment already installed or re-do work already carried out by them which may have been destroyed, damaged or stolen in circumstances where they are not at fault.
6. General Guarantee
- C Hanlon guarantees that all goods and materials supplied by them if ordered by description and/or specification shall correspond to that description.
- C Hanlon guarantees that all materials supplied by them will be merchantable quality and reasonably fit for the particular purpose for which they are purchased. But this guarantee does not extend (a) if the goods examined by the customer before fitting, to defects which that examination ought to have revealed or (b) to defects pointed out to the customer before supply or (c) where the customer does not or it is unreasonable by them to rely on the skill or judgement of C Hanlon.
- C Hanlon will make good defects due to bad workmanship and replace any defective materials or goods supplied provided that any defects are brought to the notice within twelve months of completion of the work. But this guarantee does not extend to:
- Any drawings or designs prepared by persons other than the contractor or any suppliers and any extra work necessary caused by defects in such drawings or designs shall be charged as an extra under clause 1(h)
- Any loss or damage or indirect nor any work entailed due to the apparatus being put into operation by the customer or at this request before it is handed over for beneficial use.
- Any consequential loss or damage caused directly or indirectly by any articles or materials not manufactured by them except in case of negligence or breach of contract.
- Our general guarantee does not cover for emergency calls unless the defect is causing damage.
- If any fitments such as radiators, boilers, wash hand basin, units etc., or come loose from the wall while under warranty and the cause to the fitments coming loose is found to be defective plaster work, misuse or similar C Hanlon warranty will not apply and costs incurred will be charged out at normal rates.
- Fair Trading Conciliation and ArbitrationC Hanlon undertakes to adhere to the industry’s Code of Fair Trading, Conciliation and Arbitration.
8. General Conditions
- Any defects of deficiencies found in an existing building or system which require to be attended to for satisfactory completion of the estimated work or to satisfy statutory requirements and not specifically referred to in the estimate shall be the responsibility of the customer, if the customer arranges any part or the whole of such work to be carried out by the contractor it shall be the subject of a separate estimate or be charged as an extra on a time and material basis. In particular the case of heating work, it shall be the responsibility of the customer to ensure that all the existing flues are in good condition and where it is necessary for a flue liner to be used that the flue is free from obstruction and properly swept or cleaned before the insertion of a flue liner.
- C Hanlon shall take ever care during the carrying out of the works but the estimate does not include renewing flooring or accidental redecoration subsequent on upon the proper execution of the work. In particular the customer shall remove or be responsible for all floor coverings including carpets and lino. Unless otherwise agreed C Hanlon shall lift and relay softwood tongued and grooved flooring as necessary if flooring requires to be replaced there will be an extra cost supplied for this. It is not always possible to avoid minor damage but C Hanlon will make every effort to keep this to a minimum. C Hanlon shall not be responsible for lifting and relaying hardwood flooring.
- C Hanlon will not be responsible for any damage to carpets, floor coverings etc., during the lifting or re-fitting of same. Where required it will be up to the client if they wish to employ a fitter but C Hanlon will not be responsible for the costs.
- While carrying out the renewal of an external water main or similar work the costs do not include the reinstatement of concrete slabs or garden chips etc.
- External reinstatement of brickwork and sandstone where necessary will be chargeable unless otherwise stated in writing (this applies specifically when the working height is above 15ft or a problem with access).
- Central heating installations or other work does not cover for the replacement of lead piping unless states in writing in particular it does not cover damage as the result of an existing pipe leaking during or after installation.
- C Hanlon will endeavour to carry out all work in a workman like manner but will not be held liable for anything which is out with their reasonable control.
- When estimating/tendering works C Hanlon will endeavour to provide a cost for the proposed works however will not be held responsible for any omissions, especially any as a result of work which were not visible at the time of the surveyors visit.
Unless expressing otherwise stated where drawings are submitted with this tender they shall be demonstrative only and are not prepared to show specifically the type or precise position of construction or installation.