Terms & Conditions
For the Supply Of Goods & Services of Gas Mark One, Chestnut Tree Cottage, Blaenavon Road, Govilon, Abergavenny, Monmouthshire, NP7 9PF
In this document the following word shall have the following meanings:
1.1 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
1.2 “Customer” means any person who purchases Goods and Services from the Supplier.
1.3 “Goods” means the articles specified in the Proposal or on the invoice/job voucher.
1.4 “Proposal” means a statement of work, quotation or other similar document describing the Goods and Services to be provide by the Supplier where appropriate.
1.5 “Services” means the services specified in the proposal or on the invoice/ job voucher.
1.6 “Supplier” means Gas Mark One of Chestnut Tree Cottage.
1.7 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice and conditions or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulations.
2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a consumer.
3) The Order
3.1 The proposal or quotation attached to these Terms and Conditions shall remain valid for a period of 30 days.
3.2 The Customer shall be deemed to have accepted the Proposal or Quotation by placing an order with the Supplier ( the order) within the period specified in Clause
3.3 All Orders for Goods and Services shall be deemed to be acceptance of the pursuant to these Terms and Conditions.
4) Price and Payment
4.1 The price for the Goods and Services is as specified in the proposal and will include VAT at the current rate and any applicable charges outlined in the proposal.
4.2 Payment of the price shall be in the manner specified in the proposal or quotation.
4.3 If the Customer fails to make any payment within 1 day of it becoming due, the Supplier shall be entitled to charge interest of 15% per month on the outstanding amounts.
4.4 Our terms for payment for Goods and Services over £1000 are 50% deposit and the remainder to be paid on the day of completion. This can be paid by Visa debit card, credit card, (if using a credit card 3% interest will be added) cheque, cash or bank transfer.
4.5 Our terms for payment on Goods and Services under £1000 are to be paid on the day of completion. This can be paid by Visa debit card, credit card,( if using a credit card 3% interest will be charged for any Goods or Services over £200) cheque, cash or bank transfer.
4.6 Any appliances or special items required shall not pass to the Customer until the Supplier has been paid in full, in advance of the job being completed.
5.1 The date of delivery specified by the Supplier is on an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, cost, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
5.2 All risk in the Goods shall pass to the Customer upon delivery.
6) Customer Obligation
To enable the Supplier to perform its obligations the Customer shall:
6.1 Co-operate with the Supplier.
6.2 Provide the Supplier with any information reasonably required by the Supplier.
6.3 Obtain all necessary permissions, licences and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer and comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
7) Supplier Obligations
7.1 The Supplier warrants that the Goods will at the time of delivery correspond to the descriptions given by the Supplier.
7.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
7.3 The Supplier accepts all responsibility for the conditions of the tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
7.4 In addition to the Customers statutory rights, the supplier guarantees all Goods against faulty workmanship and materials for a period of 12 months from the date of delivery.
7.5 The supplier provides the following guarantee(s) in relation to the Services carried out.
8) Cancellations and Refunds
8.1 Where the Goods are faulty or do not comply with any of the contract, the Customer must notify t he Supplier within 5 days of delivery and the Customer shall be entitled to a replacement Goods.
8.2 The Customer may cancel an Order by notifying the Supplier in writing at the address above within 5 days of placing an Order and any deposit paid will be refunded in full.
8.3 If the Customer fails to cancel an Order within the time specified in clause 9.2 any deposit may not be returnable.
9) Limitation and Liability
9.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury. However, the Supplier shall not be liable for any direct loss or damages suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
9.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the customer howsoever caused as a result of any negligence, breach of contract, misrepresentation or otherwise.
9.3 For avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the services by any agreed completion date.
10) Force Majeure
Neither party shall be liable for any delay of failure to perform any of its obligations If the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant machinery or shortage of unavailable raw materials from a natural source of supply and the party shall be entitled a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions here of shall continue in full force and effect as it these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provisions eliminated.
12) Governing Body
These Terms and Conditions shall be governed by and construed in accordance with the law of England & Wales and the parties hereby submit to the exclusion jurisdiction of the English court.