For the purpose of these terms and conditions the following words shall have the following meanings:
“Company” shall mean MCNEILL HEATING LIMITED Registered in England and Wales Number: 10843261, VAT Registration number 272874667.
The Company’s registered address is 25 St Thomas Street, Winchester, Hampshire, SO239HJ.
(b) “Customer” shall mean the person, company or organisation for whom the Company agrees to carry out works and/or supply materials.
(c) “Operative” or “Engineer” shall mean the representative employee or sub-contractor appointed by the Company.
1/ Payment terms as detailed on invoice, payment to be made in full within said payment term either by:
BACS to Barclays Account Number 20764833 Sort Code 20-45-45.
Cheques to be made out to MCNEILL HEATING LIMITED and sent to 14 Brambridge, Eastleigh, Hampshire, SO50 6HZ.
2/ Payment terms if offered by the Company are 7 days. Should a period of credit be offered by the Company to the Customer, and payment not received in full by the date due, and if no dispute has been raised by the Customer to the Company, a reminder followed by a final demand will be issued. Legal action will be taken by the Company against the Customer for full debt recovery including costs.
Any part of the invoice which remains unpaid at the end of the payment term shall carry interest at the rate of 4% over the base rate until payment is received and cleared by the Company. Legal action will be taken by the Company against the Customer for full debt recovery of the outstanding balance including costs.
3/ A 12 month guarantee will be given by the Company on all work carried out by the Company from the date works were completed along with manufacturer warranties where applicable.
Where the Company carries out work in a property or establishment aged 10 years or more or where the original installation is considered to be of inferior quality by the Company, the Company accepts no liability in respect of such existing works or otherwise.
Said guarantee becomes null and void should:
(i) Non payment of invoice within payment terms.
(ii) Any materials, supplied and/or fitted become subject to misuse or neglect or are not supplied by the Company.
(iii) Repair, modification or tamper be caused by anyone other than a Company operative.
(iiii) Failure by the Customer to notify the Company of any defects within reasonable time.
If, after the Company has completed works, the Customer is not wholly satisfied, the Customer shall give notice in writing within the 12 month warranty period to the Company and shall afford the Company and its insurers, the opportunity of both inspecting such works and carrying out any such remedial works if necessary and appropriate. The Customer accepts that if they fail to notify the Company as fore said then the Company shall not be liable in respect of any defects in the works carried out.
4/ 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 of the 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) The Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferring or otherwise disposing of such goods.
5/ Payments stopped or bounced by the Customer’s bank will be liable to interest at a rate of 3.0% above the base rate including administration costs. Payment will again be requested in the form of original invoice total plus interest. An administration charge of £40.00 will also be added to the total outstanding invoice. The invoice will become due for payment immediately.
6/ Work commenced and undertaken by the Company has been authorised by the Customer, the Customer has read, accepted and fully understood these terms and conditions. Agreed commencement of works by the Company represents acceptance of the Company’s verbal or written quotation or estimate by the Customer.
Quotations, estimates and tenders provided by the Company are valid for a period of 30 days.
By the acceptance of the Company’s quotation the customer accepts terms and conditions, confirms specification, material list and cost as correct.
If the Company wishes to accept the work, a proposed start date will be submitted to the Customer for approval and works will commence. The Company shall endeavour to ensure that the Operative shall attend at the time and date agreed. However, the Company accepts no liability in respect of the non attendance or late attendance on site of an engineer or for the late or non delivery of materials.
7/ Works that have been requested, completed and not included in the original quotation, estimate or tender are additional works.
Labour will be subject to a daily or hourly rate set by the Company charged to the Customer comprising of travelling time, fuel and time spent ordering and collecting materials. Goods Supplied by the Company to the Customer will incur a 25% margin for the time spent specifying, ordering, collecting, delivering or accepting delivery and guaranteeing the products within their 12 month warranty periods. Only materials supplied by the Company are subject to a 12 month guarantee on labour and materials required to replace should said parts become defective. Defective materials supplied by the Customer which require replacement will be charged for by the Company at an hourly rate plus materials whether within their respective warranty periods or not. The Customer then has the option to approach the manufacturer to seek compensation.
8/ The Company will supply insured Operatives to complete works to the agreed quotation specification. The Company will endeavour to complete works within the time scale proposed though works may over run due to materials not being readily available or Operatives experiencing problems which could not have been reasonably foreseen during the Company’s original visit to provide quotation, estimate or tender.
Additional works completed and not originally described and costed within the agreed quotation are likely to prevent deadlines being met.
9/ The Company reserves the right to affix suitable branded signage to hoardings, scaffolding, buildings or site fencing when working on construction sites for the purposes of assisting delivery drivers and contractors in determining the location of the Company’s engineers.
The Company reserves the right to photograph work carried out by the Company for the purposes of marketing and advertising and to display said images on the internet or otherwise.
10/ 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.
Further, these terms and conditions shall prevail over any terms and conditions used by the Customer or contained, set out or referred to in any documentation sent by the Customer to the Company; by entering into a contract with the Company the Customer agrees to irrevocably waive the application of any such terms and conditions.
These terms and conditions do not affect your statutory rights.