Guarantee
The Aqua Heat GuaranteeAqua Heat Services Ltd offers you our after sales service guarantee, both for your peace of mind and for our reputation. Even though we always strive to provide you with service of the highest quality, we realise that problems do occasionally arise. In the unlikely event of faulty workmanship or manufacturer’s default, we undertake to provide you with a guarantee you can rely on. To provide you with the security you need, we offer:
Terms and ConditionsFull Schedule Of Terms And Conditions1. For the purpose of these terms and conditions the following words shall have the following meanings: (a) “The Company” shall mean Aqua Heat Services Limited. 2. The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Customer those works shall be undertaken by the designated operative of Company at its absolute discretion. 3. HOURLY RATE WORK. The total charge to the Customer shall consist of the cost of materials supplied by the Company (not exceeding the trade purchase price of materials + 20%) and the amount of time spent by the operative in carrying out works (including all reasonable time spent in obtaining non stocked materials) charged in accordance with the Company’s current hourly rates. All charges are subject to VAT at the prevailing rate except in cases where the work carried out is zero-rated. 4. Where a written estimate has been supplied to the Customer the estimate is valid for 14 days and thereafter the estimate may be revised in the following circumstances: — (i) if after submission of the estimate the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the estimate. 5. The Company shall not be under any obligation to provide an estimate to the Customer and shall only be bound (subject as hereinafter) by estimates given in writing to the Customer 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 6. Material Collection. (i) Time must be kept to a minimum and reasonable. 7. Invoices are due for payment immediately upon delivery to the Customer. Any part of that invoice which remains unpaid shall carry interest at the rate of 4% over the base rate until the Company receives payment in full. 8. 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 shall attend 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. 9. The Customer shall accept sole liability to discharge the Company’s account unless he/she discloses to the Company when initially instructing the Company to carry out work and/or supply materials that he/she is acting on behalf of a third party (including, but not limited to, a Limited Company or Partnership) and receiving a written estimate the name of the third party appears on the written estimate. 10. If the Customer cancels their instructions prior to any work being carried out or materials supplied then the Customer shall be liable for any related expenditure together with the profit that would have been made by the Company had the work been carried out and/or materials supplied in accordance with such instructions. |
11. If, after the Company shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 30 days to the Company and shall afford 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 he fails to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out 12. The Guarantee shall be for labour only in respect of faulty workmanship for 6 months from the date of completion or for the length of time specified on any works carrying a certificate whichever is the longest of the two, with the manufacturers warranty in force. The Guarantee will become null and void if the work/appliance completed/supplied by the Company is: (a) Subject to misuse or negligence The Company will accept no liability for, or guarantee suitability of materials supplied by the Customer and will accept no liability for any consequential damage or fault. 13. The company will not guarantee any work in respect of blockages in waste and drainage systems etc. Work is guaranteed only in respect of work directly undertaken by the company and payment in full has been made. Any non-related faults arising from recommended work, which has not been undertaken by the company, will not be guaranteed. The company shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out. Work will not carry a guarantee where the operative has notified the customer either verbally or in writing of any other related work, which requires attention. The customer shall be solely liable for any hazardous situation in respect of Corgi, Oftec, Part P regulations or any warning notice issued 14. Current regulations state that no company may carry out works on installations of inferior quality that do not meet the required standards, and may be deemed hazardous. In these cases, the former installations will need to be brought up to standard prior to any works taking place. 15. The Company shall be entitled to fully recover costs or damages from any operative/engineer/contractor whose negligence or faulty workmanship results in the Company being made liable for those damages or rectification of the work 16. These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative of the Company and by the Customer. Furthermore, these terms and conditions shall prevail over any terms and conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering into a contact with the Company the Customer agrees irrevocably to waive the application of any such terms and conditions. 17. Title to any goods, supplied by the Company to the Customer shall not pass to the Customer but shall be retained by the Company until the Customer has made payment in full for such goods.
Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the Customer, and until such time as title in such goods has passed to the Customer, the Customer shall insure such goods to their replacement value and the Customer shall forthwith, upon request, provide the Company with a certificate or other evidence of such Insurance 18. The Company shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control, and the Company shall be entitled to a reasonable extension of the time for performing such obligations. 19. The Company shall only be liable for rectifying works completed by the Company and shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested and not undertaken at that time. These terms and conditions and all contacts awarded between the Company and Customer shall be governed and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English law |
