1.0 In these terms and conditions (which are referred to in this document as “these terms”), the “Customer” means the customer for whom the works are to be carried out by WF Builders & Heating Specialists, and the “Company” means WF Builders & Heating Specialists or, wherever the case may be, a franchisee, sub-contractor or representative of the company carrying out business pursuant to a Franchise/Subcontract Agreement entered into with the company.
“Contract” means the agreement between the Customer and the company to carry out the works of which these terms form a part and (where these terms are a schedule to a signed agreement between the Customer and the company (“the Agreement”)) the Agreement, “Works” means the works described in the company estimate or any other document or email issued by the company, as may be varied by agreement in writing between the parties.
Acceptance Of Works
Call Out Fee & Charges
3.0 The company charges a minimum 1 hour call out fee for all appointments, regardless of work carried out. This includes work quoted on an hourly rate, or fixed price work. If for any reason we are unable to carry out works during attendance, the minimum 1 hour call out fee would still be payable for our attendance, plus the cost of any additional labour time over the first hour, and parts/materials if used.
Estimates And Fixed Price Work
4.1 Unless otherwise specified, all estimates provided are done on an ‘as is’ basis, and are not a fixed price quotation or firm price. The estimate will set out the likely minimum costs involved based on a visual inspection by the company and/or details supplied by the customer. The final price will be calculated based on the original estimate and in accordance with the companies standard rate card applicable at the time of works being carried out, and may be increased above the estimated price.
In addition, the company reserves the right to increase the price prior to any works being carried out, equivalent to the increase of cost to the company including additional materials, labour, equipment hire and transport since the date of the provided estimate (either done so in writing, email or orally), unless the final price exceeds the estimated price by more than 10%, by which the customer may cancel the contract provided it does so prior to any works commencing (including the order of materials or equipment hired).
4.3 The company reserves the right to make a charge for the collection of materials, parts and equipment from any supplier, except for works where an estimate has been provided beforehand. If the collection of said materials takes part whilst the company is on site, the time taken for this will be treated as part of the works, and charged at the applicable rate. If any materials are ordered for subsequent collection and delivery, a charge may be made by the company of £55.
4.4 The company will not be under any obligation to provide an estimate to the customer. The company will only be bound to estimates provided in writing to the customer, which have also been agreed by an authorised representative of the company. The company will not be bound to any estimates provided orally.
Prices And Payment
5.3 Where any services or works provided by the company is subject to snagging, the customer agrees to make payment of 95% of the total invoice amount immediately following completion of works. The customer must then provide the company access without delay to allow the snagging to be finalised and completed. Payment for the remaining 5% balance will be due following completion of the snagging by the company, or within 14 days of the invoice date should access not be made available – whichever is sooner.
5.4 Where the customer is represented by a third party person(s) or agent(s) (such as a managing agent, landlord, tenant or other occupier, friend, family, contractor or other representative), in the event of non-payment by the customer, the third party will be responsible for full payment unless the company has agreed otherwise in writing prior to any works commencing.
5.5 For any late payments whether in part or in full of an invoice to the company, will be subject to the daily interest rate of 3% over the base rate, until the payment in full is received by the company.
Illustration And Description Of Works
6.0 Any illustrations, descriptions, imagery either displayed on the company’s website, in marketing materials (both offline and online), catalogues, price lists or other are intended merely to present a general idea of works and services provided by the company. No part of these shall form part of any contract.
Delivery And Completion Of Works
7.0 The company will advise the customer of the date and time for works to be carried out. The company will always endeavour to ensure they maintain this schedule and that their operatives attend at the agreed time. However, the company accepts no liability in respect of late/non-attendance at any site, or for the late/non delivery of any equipment or materials. All times provided by the company are estimates only.
8.0 The customer shall indemnify the company against any and all actions, claims, demands, suits, losses, costs, expenses and charges which the company may suffer or incur in connection with a claim by a third party, resulting from a breach of the customers obligations, undertakings and representations and warranties in connection with this contract.
Limitation Of Liability
9.0c the reasonable costs of repair or reinstatement of damage or any loss to the customers property, should this result from the negligence of the company or its employees, agents, franchisees or sub-contractors, and the customer incurs such costs.
9.0e The company will not hold responsibility or liability for damage caused whilst investigating and repairing any plumbing, gas or drainage work, including blockages. This includes but not limited to; the removal of bathroom suites, panels or furniture, tiles and tiling, floor coverings (carpet, rugs, laminate, wood, tiles etc), internal and external walls where pipework is/has to be routed and other damages as a result.
9.0f If damage to plaster and brickwork is caused it will be the customer’s responsibility to make good. We cannot accept responsibility for any damage to wallpaper, paintwork, tiles, carpet, furniture etc. Any silicone work does not carry any guarantee.
9.0g It is the responsibility of the customer to protect items of furniture, furnishings, fixtures and fittings. We will make reasonable efforts not to cause damage. It is suggested that the customer remove items that is considered to be a problem. If items remain within the working area, it is the responsibility of the customer to cover such items.
10.0 Subject to paragraph 7.1 and the exclusions listed below, the company undertakes to make good and repair any defect in completed work, which appears within six months of the complete date of the same, to the extent that such defect arises from the breach of the companies obligations under this contract.
Permits, Licenses, Regulations And Other Consents/Access
11.0 It is the customer’s duty to ensure suitable permission, permits, licenses and all other consents from the owner/landlord/agent/organisation, and/or planning permission if necessary is obtained prior to installation work carried out by the company. The company will not be held responsible for any damage to the property (such as fixings, holes etc.) if this has not been obtained, and in the event of equipment supplied or installed requiring removing or re-positioning, extra charges will be incurred.
11.2 Where applicable to drainage works and services, the customer shall provide the company, if possible, a plan of the drain layouts. If this is not available, the company reserves the right to make additional charges at the applicable rate if blockages occur in drains not covered or identified by the customer.
11.3 By instructing the company to proceed with any works as agreed, it is thought by the company the customer has sought the necessary permission as set out above. The customer will be liable to the company for all loss and damage whether indirect, direct or consequential which has been suffered by the company as a result of the failure or delay b the customer in performing the obligations as detailed above.
13.0 If the customer cancels any contract with the company, without the companies consent, the customer agrees to indemnify the company against any and all loss, damage, claims or actions arising as a result of such cancellation, unless otherwise agreed in writing, and is without prejudice to the company’s right to payment in accordance with paragraph 5.
Removal Of Waste And Materials
16.0 Any guarantee provided by the company shall be for labour only, in respect of faulty workmanship from 12 months of the date of completion. Any parts, equipment or components supplied by the company will be covered by their respective manufacturer’s warranty.
– Repaired, tampered with or modified by anyone other than a company operative/representative. The company accepts no liability for (or guarantee suitability for) materials supplied by the customer or other third parties, and will not accept liability for any damage or faults as a result.
Intellectual Property Rights
All content of this website, including graphics and logo’s remain the sole property of the company, and are not to be copied, reproduced or distributed either in part of full, without our prior written consent.
In the unlikely event the customer experiences a problem with the service provided by the company, the customer must put their complaint in writing to the Head Office at:
WF Builders & Heating Specialists,
48 Chaucer Green,
at their earliest opportunity. Upon receipt of this complaint, the company will endeavour to resolve the matter within seven days.
Notice Of Your Right To Cancel
Should you send your cancellation notice in writing via post, it is recommended you retain proof of postage by a certificate of posting, or recorded delivery slip. We advise that all notice of rights to cancel are sent via email.
Work carried out prior to the expiry of the cancellation period:
By signing a written estimate, you agree work will commence before the seven day cancellation period expires, and should you subsequently cancel in accordance with your rights, you are advised that reasonable payment may be due for any work carried out, including labour at the applicable rate.
Nothing in these terms and conditions is intended to remove your rights regarding the quality of our work, or relating to faulty or misdescribed goods that are supplied as part of our service.