1. For the purpose of these terms and conditions the following words shall have the following meanings:
1.1 “Agreement” shall mean the agreement between the Company and the Customer for the Company to carry out works for the Customer.
1.2 “Company” shall mean Morton Fairview Limited.
1.3 “Customer” shall mean the person or organisation for whom the Company agrees to carry out works and/or supply materials.
1.4 “Engineer” shall mean the employee or representative of the Company performing the work to the Customer.
2. The Company reserves the right to refuse or decline work at its own discretion.
2.1 Where the Company agrees to carry out works for the Customer those works shall be undertaken using an Engineer of the Company’s choice at its sole discretion.
3. HOURLY RATE WORK. The total charge to the Customer shall consist of the cost of materials supplied by the Company and the amount of time spent by the Engineer in carrying out works (including all reasonable time spent in obtaining non-stock materials) charged in accordance with the Company’s current hourly rates and minimum charges. The Customer shall only be charged for the time spent related to the Customer’s work, all other time, personal mobile calls etc. is non-chargeable. All charges are subject to VAT at the prevailing rate except in cases where the work carried out is zero rated.
4. FIXED PRICE WORK shall be given as a firm cost, (manifest errors exempted) including labour and materials. All costs are plus VAT at the prevailing rate.
5. Where a written estimate has been supplied to the Customer the total charge to the Customer should normally be consistent with the written estimate. However, the Company shall be entitled to amend the total charge to reflect unforeseen circumstances, including:
(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.
(ii) if after submission of the estimate there is an increase in the price of materials.
(iii) 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.
(iv) if after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.
If the total charge previously quoted in a written estimate is amended under Clause 5 (ii), the Company shall notify the Customer as soon as reasonably possible and the Customer will be entitled to terminate this agreement in writing to the Company and pay the Company for reasonable time and materials incurred up to the point of termination.
6. 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.
7. Material Collection.
Collection of non-stock items is chargeable but:
(a) Time taken to do so will be kept to a minimum.
(b) The Customer will be informed wherever possible when the Engineer leaves the premises.
(c) If the collection time is likely to exceed 45 minutes the Customer will be additionally informed of the circumstances.
(d) Only one Engineer is allowed to leave the job to collect parts.
(e) The collection of materials which should be normally stocked items is non-chargeable.
8. Invoices for works satisfactorily completed under the Agreement are due for payment immediately upon delivery to the Customer. The Company reserves the right to charge interest on any part of that invoice which remains unpaid at the rate of 3% over the HSBC base rate until payment in full is received by the Company.
9. 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 reasonable endeavours to ensure that the Engineer 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 Engineer or for the late or non-delivery of materials.
10. If the Customer cancels their instructions (to be given in writing to the Company) prior to any work being carried out or materials supplied, then any deposit paid for the works by the Customer will be refunded, less any reasonable costs incurred by the Company as a result of the cancellation.
11. The Company offers a guarantee (the “Guarantee”) on all work performed by its Engineers for a period of 12 months (the “Guarantee Period”) from completion of the works. If, within the Guarantee Period, the Customer notifies the Company in writing that it is not wholly satisfied with the works with reasonable justification and detail of why he/she is not wholly satisfied, and subject to the Customer affording the Company and its insurers the opportunity of inspecting such works, the Company or its insurers undertake to carry out any necessary remedial works if appropriate which at the Customers option may be either a repair or replacement.
12. The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturer’s warranty in force for materials used.
12.1 The Guarantee will become null and void if the work/appliance completed/supplied by the Company is:
(a) Subject to misuse or negligence.
(b) 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. This clause does not restrict the Company’s liability for foreseeable consequential losses.
Clauses 11 and 12 do not restrict the Customers rights to seek redress for defects outside of the Guarantee Period.
13. The company will not guarantee any work in respect of blockages in waste and drainage systems etc.
13.1 The Company will not guarantee any work undertaken on instruction from the Customer and against the written or verbal advice of the Engineer.
13.2 Work is guaranteed only in respect of work directly undertaken by the Company and where payment in full has been made. This clause does not prevent the Customer from seeking redress under civil law.
13.3 Any non-related faults arising from recommended work which has not been undertaken by the Company will not be covered under this Guarantee.
13.4 The Company shall not be held liable or responsible for any damage or defect resulting from work not covered fully under the Guarantee or where recommended work has not been carried out.
13.5 Work will not carry the Guarantee where the Customer has been notified by the Engineer either verbally or indicated in ticked boxes or in comments on the order form of any other related work which requires attention.
14. 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 such works and the Company accepts no liability in respect of the effectiveness of such works or otherwise.
15. 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 both the Company and the Customer. Further, 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.
16. 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 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.
17. 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.
18. These terms & 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.