For the purpose of these terms and conditions the following words shall have the following meanings:
- The "company" shall mean Accurate Curtis.
- The "customer" shall mean the person or organisation for which the company agrees to carry out works and or supply materials. The operative or partner contractor shall mean the representive appointed by the company.
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.
Where a written estimate has been supplied to the customer it may be revised in the following circumstances:-
- If after submission of the estimate the customer instructs the company (weather orally or in writing) to carry out additional works not referred to in the estimate.
- If after submission of the estimate there is an increase in the price of materials.
- If after submission of the estimate it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared.
- If after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.
- If, after 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.
The guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufactures warranty in force. The guarantee will become null and void if the work/appliance completed/supplied by the company is:
- Subject to misuse or negligence.
- Repaired, modified or tampered with by anyone other than a company operative. The company will accept no liability for, or guarantee suitability; materials supplied by the customer and will accept no liability for any consequential damage or fault.
- If, after the company have carried out the works, the customer is not wholly satisfied with the works then the customer shall give notice in writing within 12 months 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.
- The company will not guarantee any work undertaken on instruction from the customer and against the written or verbal advice of the operative or partner contractor. 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 where recommended work has not been carried out. Work will not carry a guarantee where the customer has been notified by the operative 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 gas safe regulations or gas warning notice issued. The same applies for electrical works.
- Where the company agrees to carry out works on installations of inferior quality or over ten years old at that date no warranty is given in respect of works and the company accepts no liability in respect of the effectiveness of such works or otherwise.
- Partner contractors work under their own gas safe or nic eic registration and as such are solely responsible for any gas or electric related work and subsequent liability.
- The company shall be entitled to fully recover costs or damages from any operative / partner contractor whose negligence or faulty workmanship results in the company being made liable for those damages or rectification of the work.
Liabilities and responsibilities
These terms and conditions may not be released, discharge, 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 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.
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 payment in full for such goods has been made by the customer to the company. Until such time as title in such goods has passed to the customer:
- The company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all any or part of such goods in which title remains vested in the company.
- For the purpose specified in (1) above, the company or any of its agents or authorised representatives shall be entitled at any time and without notice to enter any premises in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.
- The company shall be entitled to seek a court injunction to prevent the customer from selling, transferred or otherwise disposing of 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.
- The company shall not be liable for any delay for the consequences of any delay in performing any of its obligations if such delay is due to cause whatsoever beyond its reasonable control and the company shall be entitled to a reasonable extension of the time for performing such obligations.
- The company shall only be liable for rectifying works completed by the company and shall not be held responsible for ensuing damages or claims resulting from this or other work overlooked or subsequently requested and not undertaken at the 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 subjected to the exclusive jurisdiction of the English law.