Terms

TERMS & CONDITIONS OF BUSINESS

The Service

1. The company shall at all times provide competent personnel in carrying out the service. 2. The company shall provide the service between the hours of 8.00am and 5.30pm Monday to Friday exclusive of statutory holidays at the current standard rates of the company. 3. The company shall provide the service outside normal hours at the current overtime rates of the company. 4. The service shall be offered on the basis that it will be provided as quickly as is reasonably possible within the confines of current workload, availability of personnel, weather and traffic conditions, transport and fuel availability, availability of parts and other conditions on which the company is dependent but outside their direct control and which from time to time do arise. Consequently, no liability or responsibility shall be accepted for delays caused by conditions, events, acts, omissions or states of affairs beyond the company’s direct control.

Charges

5. Charging Basis. The charge made shall be based on either: a. A time and materials basis calculated on current rates and prices of the company, b. A fixed price quotation. All charges shall be based on time and materials unless a fixed price has been agreed in writing before the work commences. 6. Time and Materials. Labour charges are calculated from the point of arrival at the customer’s premises to the point of finishing the work and are calculated on an hourly basis to the next hour (ie: one hour five minutes is charged as two hours). Chargeable time shall include time used collecting parts from suppliers, whether collected en route to the customer’s premises or collected during the work. 7. Minimum Labour Charge. The company shall charge a minimum labour charge during normal working hours of one hour. The minimum account labour charge shall be one hour. 8. Charging Period. Where charging rates overlap, the rate charged shall increase or decrease accordingly for the relevant periods. 9. Materials and Parts Charges. Parts and fittings stocked in the company’s vans shall be charged at the current selling list prices of the company and shall not be subject to any discount except by way of confirmed written agreement. Materials collected from merchants shall be charged and cost price plus 100%. 10. Fixed Price Quotations. A fixed price quotation shall be supplied in writing or a fixed price shall be agreed on site and written in on the job report sheet and signed by the customer. 11. Fluctuations. Invoices are strictly net and the quoted price will be adjusted to meet any price variations in labour or materials occurring after the date of quotation. 12. Travelling Time. The company shall not charge any travelling time during normal hours (except when this involves collection of materials from suppliers) but shall reserve the right to charge travelling time when, a. The work shall be carried out in a location not within the normal work area. b. When adverse weather, traffic or access conditions shall cause additional travelling time to that which is reasonable during normal conditions or c. The time, distance and expense of travelling to any job shall be uneconomic in relation to the job being carried out. 13. Hire Charges. The company shall not charge for the usage of the normal small trade tools but shall pass on any other charges incurred through hire of special tools and Plant, and shall itself apply reasonable charges for the use of its own Plant and special equipment and specialist tools. 14. Value Added Tax. All quotations, estimates, guides, rates, prices, etc, given by the company verbally or in writing shall be subject to value added tax at the rates currently in force. 15. Parking. All parking costs will be charged at cost to the customer.

Payment

16. Authorisation. No work shall be undertaken until the customer (or the customer’s authorised agent) has signed the authorisation and undertaken to make payment on completion of the work or if an account customer has undertaken to make payment within the agreed terms. 17. Waiting Time For Payment. Payment shall be due in full immediately upon completion of the work and the customer shall ensure payment is made available without unnecessary delay otherwise the company shall be entitled to charge for waiting time. 18. Payment Collection. Where, for whatever reason, the customer is unable or unwilling to make payment on completion of the work, the company shall be entitled to charge for additional time expended on the collection thereof. 19. Advance Payments. The company shall reserve the right for whatever reason to require advance payments, stage payments or deposits before or during the work. 20. Cheques. The company reserves the right for whatever reason to refuse cheques unless supported by a current cheque guarantee card and/or to require the customer to make payment by cash. 21. Dishonoured Cheques. Should payment be offered by the customer by cheque which subsequently on presentation for payment is dishonoured for whatever reason, a charge of £30.00 shall be made to the customer for each and every presentation to offset the administrative charges suffered by the company. 22. Account Facilities. By prior arrangement only the company shall allow account facilities. Only signed official orders shall be accepted in lieu of payment, and it shall be a specific condition of the company granting account facilities that this company’s terms and conditions shall take precedence over all others. 23. Account Terms. Payment is due within 7 days unless otherwise stated. 24. Overdue Accounts and/or Late Payments. Overdue accounts and late payers shall be liable to late payment charges at 4.0% over bank base rate per month or part month and an administration charge of £10.00 per week or part week until the date of payment. 25. Legal/Collection Expenses. Should, after 30 days from date of invoice, the company have not secured payment of any debt owed to it, the company shall be entitled to employ the services of solicitors and/or collection agencies and shall be entitled to charge and recover from the customer all and every reasonable expense incurred in obtaining settlement of the debt. 26. A.B. KEY LLP retains a lien upon all materials, plant and machinery, even though installed or delivered on site, for the whole of any unpaid balance due to A.B. KEY LLP hereunder. 27. Wayleaves. The customer shall be responsible for obtaining and retaining any necessary consents, easements or way leaves and for any reinstatement of disturbed ground, in the case of extensions to underground distributing mains or overhead distributing lines which are within the customer’s own property or on privately owned property over which the customer has rights of access or attendancy. 28. Licences. Any licence, permit or other authority necessary for the execution of the work shall be obtained by the customer. 29. Liability. Much of our work is dirty by its very nature and marking does occur from time to time, usually unavoidably. The company employs thoughtful and careful personnel and dirt and damage shall be kept to a minimum but by virtue of the fact that the company is often dealing with awkward/emergency situations over which it has little (if any) choice or control the company has clear conditions as to liability (if any). 30. Making Good etc. Whilst every care will be taken by A.B. KEY LLP, it accepts no responsibility for any damage to plasterwork, 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. Floor boards will be replaced but special flooring will not be permanently re-fixed. 31. The customer shall prepare the work areas and walkways and fully protect or remove carpets, furniture and valuables and should the work areas and walkways not be fully protected or removed the customer shall accept all risks of stains, breakage and damage. 32. The company shall not be liable for any damage caused through the customer not taking adequate precautions by removing or protecting carpets, furniture and valuables in the work areas and walkways that are unprotected or unremoved items shall be regarded as of nil value. 33. The company shall remove furniture, carpeting and valuables if so specifically requested by the customer but shall not be responsible for damage caused carrying out such work nor be responsible for their reinstatement or the cost thereof. 34. The company shall move/dismantle/re-assemble/re-fix/replace cupboards, units, floorboards and the like if so requested by the customer but shall not be responsible for damaged caused carrying out such work nor be responsible for their reinstatement or the cost thereof. 35. The company shall not be responsible for scorch marks, stains, spillages or any other event causing damage which it deems as unavoidable in the circumstances prevailing at the time of work. 36. The company shall not undertake any work for any customer proposing to hold the company responsible for any damaged caused by events covered in conditions 24-29 Indemnify 30 except for liability for death or personal injury arising from the negligence of the company’s personnel, the company’s obligations concerning the work done shall constitute the full extent of its liability in respect of any loss or damage suffered by the customer whether by negligence of the company or arising from any cause whatsoever and the company shall not be liable for any losses consequential or otherwise. 37. Whilst every effort is made to provide a prompt and reliable service, the company is dependent on many factors which are out of its direct control and which from time to time do arise. Transport availability, fuel restrictions, weather and traffic conditions, availability of personnel, availability of parts, etc, etc. Always provided that the company has made reasonable effort to provide service, the company shall have no liability whatsoever for any delay in the performance of its obligations (if any) due to any conditions, events, omissions or states of affairs beyond its direct control. 38. Guarantees. All guaranteed work shall carry an unconditional “no quibble” 60 day warranty during which time any defect arising directly though faulty manufacture of parts or workmanship shall be rectified free of charge. 39. The company shall only accept and carry out the customer’s work instructions on the basis that the warranty shall be for 60 days only, and no work shall be undertaken whatsoever for any customer proposing to hold the company responsible for any defects or damage arising or notified after 60 days, unless that work shall benefit from an extended warranty agreement paid for by the customer. 40. Where the work specifically benefits from the company’s 60 day warranty, and during that time becomes defective or fails, the company shall, subject to its terms and conditions – provide support service between the hours of 8.00 a.m. and 4.30 p.m. Monday to Friday excluding statutory holidays, within 36 hours of notification and will make no charge for labour rectifying the failure or defect nor charge for replacing any faulty parts supplied and charged for by the company within the previous 60 days. But will charge labour and/or parts to rectify failures or effects where, on inspection, all parts supplied by the company within the previous 60 days are confirmed to be faultless and/or prevented from working satisfactorily due to other reasons and will also charge for any new or extra work which is not a direct duplication of work already done and charged for within the previous 60 days, or where the necessity to carry out that work previously was not apparent at the time of the work neither carried out nor charged for, or where the customer has been previously advised the situation may occur. Any support service requested by the customer outside the scope above will be provided if at all possible but will be liable to additional charge. 41. Parts and Manufacturers Guarantees. Parts supplied to the company by main suppliers and manufacturers, and then on to the customer shall be sold by the company to the customer on condition that – (a) parts supplied shall benefit from the manufacturers/suppliers warranty (if any) and that any proven defective part shall be exchanged item for item or its invoiced value refunded (b) no responsibility nor liability shall be accepted for any amount exceeding the invoice value of the part(s). 42. WORK NOT GUARANTEED. The company will, within reason (unless clearly dangerous or hazardous), carry out any work on the instructions of the customer, whether against our advice, of a temporary nature, incomplete or unlikely to last etc, etc, but on the strict irrevocable understanding and agreement of the customer and that the company carries out such work only at the insistence of the customer and that the company carries out such work totally and absolutely without liability or responsibility. While the company will carry out such work as professionally as possible within the limitations imposed on it by the customer’s instructions and the nature of the work, any such work carried out will be at the customer’s sole risk and any subsequent failure of the work and any further work, repetitious or otherwise requested by the customer will be subject to additional normal charges irrespective of how short a period the work lasts or the costs involved, and neither will the company pass on any guarantee with regard to parts used in the course of such work. The company guarantee does not cover for defects due to fair wear and tear or any causes beyond the control of A.B KEY LLP. 43. The company does not accept responsibility for the failure of any fire protection equipment in the event of a fire. 44. Removal/Retention of Parts/Rubbish/Scrap. Parts and rubbish will normally be removed from the customer’s premises free of charge on completion of the work, unless bulky or heavy and likely to cause disposal costs when the customer will be advised of any extra cost. Parts may be retained by the customer unless a warranty claim is involved or unless they have to be returned to the main supplier/manufacturer on an exchange basis. If the customer wishes to retain parts it is the customer’s responsibility to ensure this request is made to the tradesmen on site and the customer’s responsibility to ensure the parts are retained. Once removed from site disposal is likely to be immediate and the company will be unable to recover such items once removed from the customer’s premises. 45. The headings used herein shall be for the convenience only and shall not in themselves form part of the terms and conditions. The customer’s statutory rights are unaffected.

AVOIDING COMPLAINTS

It is our experience that while genuine justified complaints do occur from time to time, the majority of potential complaints are found on actual investigation to have nothing to do with the work originally carried out, and it is our aim here to give some guidelines which will assist in maintaining the friendly personalised relationship we like to have with our customers. 1. Fully describe the work you require to be done or the fault you want attending to, discuss it with the tradesman, giving him as much information as possible. Agree what the course of action will be and how it will be done and if in any doubt ask for clarification – the tradesman will in fact appreciate your interest. 2. Remember that we are Tradesmen. We are not magicians nor do we have x-ray eyes. A certain amount of preliminary work may have to be done, a certain amount of seemingly wasteful work may have to be done. 3. When faced with a choice of an expensive replacement or a relatively cheap but unguaranteed repair, carefully weigh up the advantages and disadvantages before making your decision. 4. During the work, take an interest – try not to look over the tradesman’s shoulders all the time but periodically see how things are going and if there is something you are not happy with say so immediately so that it can be discussed before continuing. 5. After the work has been completed, the tradesman will require you to check the work to ensure that you are totally satisfied. It is essential that you do so as you will be then required to sign the customer’s acceptance. 6. The Job Report Sheet. This will be completed and in addition to describing what has been done may make comments or recommendations. If so, discuss these if you have not already done so as they are obviously important. They may well refer to the work done and/or advise of possible further work which might become necessary. 7. Guarantees. We provide a very reasonable warranty period for guaranteed work and as a rule the only complaints we receive arise from a defective part and then usually, within days rather than weeks. The majority of potential complaints concern unguaranteed work where hours, days or weeks later the problem re-appears effectively confirming our own feelings at the time of the work! While a high proportion of unguaranteed work may last, those which do not should be expected and a permanent proper job carried out.

MAKING A COMPLAINT

8. Before making a hurried “on the spur of the moment” complaint, realistically appraise whether your complaint is directly to do with the work we carried out. Refer to the Job Sheet and check exactly what was done. 9. If you believe our work is faulty telephone us immediately stating the invoice number, the invoice date and the reason for your complaint. 10. If you are not sure whether the fault is connected with our work it is probably wise to call us on the basis that even if unconnected with our work it is obviously something that needs to be dealt with.

WHEN OUR TRADESMAN RETURNS

1. You will be required to sign his Job Sheet to agree to pay for his call and/or work should the fault be found not to be connected with his original work. 2. Explain what has happened and why you believe it is connected with our work. 3. Our tradesman will check his work and if our work is found to be faulty will rectify his work under the terms of our guarantee. 4. If our engineer finds all parts supplied by the company are faultless and/or are being prevented from working through secondary causes, he will advise you of this fact and will (a) continue with the work towards rectifying the defect on our normal labour charges and parts or (b) stop at that point and charge for the time spent checking his work.

KNOW YOUR TRADESMAN

Like your doctor, we hope you will not need your tradesman often, but it is a comfort to know he can be consulted occasionally and called in an emergency.