Terms And Conditions
- For the purpose of these terms & conditions the following words shall have the following meanings:
(a) “The Company” shall mean Fortress (SW) Ltd.
(b) “The Customer” shall mean the person or organisation for whom the Company agrees to carry out works &/or supply materials.
The Operative or Engineer shall mean the representative 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.
- Any order or telephone confirmation shall be deemed to be an offer by the Customer for Fortress (SW) Ltd to carry out the works to these Terms and Conditions.
The contract between Fortress (SW) Ltd and the customer in respect of the works comes into existence when Fortress (SW) Ltd accepts to carry out the work in accordance with the Terms and Conditions herein.
- Hourly Rate Work The total charge to the Customer shall consist of the cost of materials supplied by the Company (purchase price of materials + 30%) & the amount of time spent by the operative in carrying out works (including all reasonable time spent in obtaining unstocked materials) charged in accordance with the Company’s current hourly rates. The Customer shall only be charged for the time spent related to the Customer’s work. All charges are subject to VAT at the prevailing rate except in cases where the work carried out is zero rated.
- On Hourly Rate Work, the company shall always charge a minimum of One Hours Labour.
- The company shall endeavour to carry out a site visit prior to issuing a quotation. Should a site visit not be possible, a quotation will be issued based on information given by the customer and any other documentation provided.
- It is not reasonably practical for the company to take apart existing installations whilst carrying out site visits for quotations. The quotation will be based on discussion with the customer, past experience of installations, and what is clearly visible with out the need for removing equipment.
- If after submission of the quotation it is discovered that further works need to be carried out which were not anticipated when the quotation was prepared then any additional costs will be charged at the prevailing rate
- Quotations shall be given including Labour & Materials. All costs are plus VAT at the prevailing rate.
- All quotations shall remain valid of a period of 60 Days Only.
- The quoted price for works will alter:
(i) if after submission of the quotation the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the quotation.
(ii) if after submission of the quotation there is an increase in the price of materials.
(iii) if after submission of the quotation it is discovered that further works need to be carried out which were not anticipated when the quotation was prepared.
(iv) if after submission of the quotation it is discovered that there was a manifest error when the quotation was prepared.
- The Company shall not be under any obligation to provide a quotation to the Customer & shall only be bound (subject as hereinafter) by quotations given in writing to the Customer & signed by a duly authorised representative of the Company. The Company shall not be bound by any quotations given orally or in which manifest errors occur.
- No works will commence on site or parts ordered until a signed quotation acceptance form has been returned to the Company together with a deposit.
- A minimum deposit of 30% will be required prior to work commencing. The exact amount will vary at the Companies discretion. The exact amount required will be shown on the quotation acceptance form
- Where the date &/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 & 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.
- 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 payment in full is received by the Company.
- The Company reserves the right to take further action to recover monies owed once the stated invoice terms have expired with out any further communication with the customer
- 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 &/or supply materials that he/she is acting on behalf of a third party (including, but not limited to, a Limited Company or partnership) & receiving a written quotation) the name of the third party appears on the written quotation
- 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 &/or materials supplied in accordance with such instructions.
- 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 & shall afford the Company, and its insurers, the opportunity of both inspecting such works, & 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 Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturers warranty in force. The Guarantee will become null & 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 the suitability of materials supplied by the Customer & will accept no liability for any consequential damage or fault.
- The company will not guarantee any work in respect of blockages in waste & drainage systems etc.
The company will not guarantee any work undertaken on instruction from the customer & against the written or verbal advice of the operative/engineer.
Work is guaranteed only in respect of work directly undertaken by the company & 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 customer has been notified by the operative either verbally or indicated in ticked boxes or in Comments/ Recommendations of any other related work which requires attention.
The customer shall be solely liable for any hazardous situation in respect of Gas Safe or Gas Warning Notice issued.
- 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 & the Company accepts no liability in respect of the effectiveness of such works or otherwise.
- 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.
- These terms & conditions may not be released, discharges, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative of the Company & by the Customer. Further, these terms & conditions shall prevail over any terms & 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 & 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 the such goods has passed to the Customer:
(i) 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,
(ii) for the purpose specified in (i) above, the Company or any of its agents or authorised representatives shall be entitled at any time & 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.
(iii) 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, & until such time as title in such goods has passed to the Customer, the Customer shall insure such goods to their replacement value & 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 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, & the Company shall be entitled to a reasonable extension of the time for performing such obligations.
- Waste generated from the works shall not be removed from the clients premises unless requested in writing prior to the works commencing. The client shall pay the company a fee of £65+VAT for the removal & disposal of waste from the clients premises.
- The Company shall only be liable for rectifying works completed by the Company & shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested & not undertaken at that time.
These terms & conditions & all contracts awarded between the Company & Customer shall be governed & construed in accordance with English law & shall be subject to the exclusive jurisdiction of the English law.