In the interests of our customers we would ask them to always check and approve the following:
That Working Times & Breakdown of Labour & Materials are clearly and accurately shown on the invoice. That Material collection times have been kept to a minimum. That breaks have not been charged for. That any queries are resolved with the Operative at the time.
Should you have any unresolved queries, require further information or fail to be completely satisfied with our work please ring us and we will deal with the matter immediately. |
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| A. |
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DEFINITIONS
In this contract the following terms shall have the following meanings:
“Seller” shall mean Blue Fire Solutions at 145-157 St. John Street EC1V 4PW
“Buyer” shall mean the name of the person, company or firm (as set out overleaf at “Customers Name”), who is the customer of Blue fire Solutions
“Goods” shall mean all goods and services forming the subject of this contract, including parts and components of our materials incorporated in them.
“Contract” means any contract for the sale of goods or the provision of the specified service by the seller to the buyer.
“Specified Service” means the service to be provided by the seller to the buyer (as set out overleaf at “Works Completed” and “installation” shall be construed accordingly.
“Other costs” means other disbursements that are incurred specifically to the service or installation (for example; congestion charge, parking permits, skip hire / disposal).
The headings in the Terms and Conditions are for convenience only and shall not affect their interpretation. |
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| B. |
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APPLICATION OF TERMS AND CONDITIONS
These Terms and Conditions shall apply to all contracts for the sale of goods and supply of services between the Seller and the Buyer not withstanding and to the exclusion of any terms and conditions which the Buyer may purport to incorporate under any purchase order, letter of order, confirmation of order or any similar document.
Any and all future orders shall be deemed to be offers by the buyer to purchase or services pursuant to these Terms and Conditions unless the Seller shall amend these Terms and Conditions or notify the Buyer to the contrary.
Any variation to these Terms and Conditions may only be made by writing by the seller and unless so made shall have no effect.
A person who is not a party to the contract shall not have any rights under the Contracts (Right of Third Parties) Act 1999 to enforce any term or condition of the contract but this shall not affect any right or remedy of a third party which exists or is available apart from the Act. |
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| D. |
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RELATIONSHIP OF PARTIES
Nothing in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties, and nothing in these Terms and Conditions shall be deemed to constitute either of the parties as the agents of the other or authorise either party: |
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(a) to incur any expense on behalf of the other party; |
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(b) to enter into any engagement or to make any representation or warranty on behalf of the other party; |
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(c) to pledge the credit of, or otherwise bind or oblige the other party; |
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(d) to commit to the other party in any way whatsoever, without in each case obtaining the other party’s prior written consent. |
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| E. |
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BASIS OF SALE
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(1) The seller shall sell and the buyer shall purchase the goods in accordance with the seller’s written quotation (as set out overleaf at “Quotation”) if accepted by the Buyer and shall be subject to these Terms and Conditions. From time to time, unforeseen circumstances may lead to a variation(s) to the initial quotations provided to the buyer from the seller. The seller shall reserve the right to discuss with the buyer such circumstances with a view to amendment of the quotation, which will be put in writing once agreed and which will supersedes any previous quotation. Please note that every effort will be undertaken to adhere to initial quotation. |
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(2) Where no quotation is required by the Seller or Buyer, a contract between the Seller and the Buyer (governed by these Terms and Conditions) may be commenced by the buyer specifying an agreed Start Date (as set out overleaf at “Preferred Start Date”) combined with a Buyer’s signature. |
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(3) The Seller and the Buyer may, before the commencement of the contract, specify a rate of payment based on an hourly or daily rate (as set out overleaf at “Payment Rate”). The absence of any such rate specified will in no way whatsoever have any effect on the validity and enforceability of the remainder of this contract and Terms and Conditions. |
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| F. |
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DELIVERY
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(1) The Seller will deliver the goods, carriage paid, within the United Kingdom by such method of carriage as the Seller may choose. |
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(2) The Buyer shall make all the necessary arrangements to take possession or receive installation of the goods on the delivery or installation date(s) and at the place of delivery or installation. |
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(3) The time for delivery or installation shall not be of the essence. The seller will endeavour to deliver the goods or perform the installation within 28 days of making this contract, but delivery time cannot be guaranteed. |
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(4) The Buyer will be bound to take delivery or installation of the goods in accordance with clause 2 notwithstanding that the Seller delivers the goods after the delivery or installation date provided that the Seller gives the Buyer 24 hours notice of such delay. |
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| G. |
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EXCLUSION AND LIMITATION
Unless the Buyer deals as a consumer within the meaning of section 12 of the Unfair Contract Terms Act 1977 then all warranties, terms or conditions which provide that the goods will match any particular description, fitness for purpose or quality, whether implied by common law or statute shall be excluded form this contract.
The seller shall be under no liability to the buyer for indirect or consequential loss (including the loss of profit or earnings) sustained by the Buyer following the breach of this contract by the Seller.
In the event, Sellers liability to the Buyer arising out of any breach by the Seller of this contract shall be limited to damages and such damages shall under no circumstances exceed the price. |
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| H. |
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PAYMENT
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(1) Payment for goods supplied or specified service provided is due on delivery of goods or on the completion of the installation or in adherence to the payment terms (as set out overleaf as “Payment Terms”). |
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(2) Payment is to be made by either cash or debit card or credit card or BACS / Client Account to the following account: Blue fire Solutions Account number 18914640 Sort Code 60 24 77 |
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(3) If an invoice has been left with the Buyer then payment can be given to the Seller’s installation engineer prior to the engineer’s departure from the Buyer’s site. If the Buyer is an account customer, then payment is due 30 days net after delivery of the goods or on completion of the installation. |
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(4) The time for payment of the goods and/or specific service shall be of the essence. |
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(5) In the event that the buyer fails to make payment in accordance with clauses 1, 2 or 3, the Buyer shall pay interest on any and all sums outstanding at the rate of 5% per annum above the Bank of England’s base rate accruing daily. |
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(6) Further if payment for the goods and/or specified service or any part thereof is not made by the due date, then without prejudice, the seller shall also be entitled to: |
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a) require payment in advance of delivery in relation to any goods not previously delivered;
b) refuse to make delivery of any undelivered goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or delay of delivery;
c) terminate the contract;
d) retain any deposit paid by the Buyer.
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(7) The Buyer shall not be entitled to make any deduction or withhold any payment for any reason at all. |
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(8) Any delay or default by the Buyer in making payment in accordance with clauses 1, 2 or 3 shall render all sums owing to the Seller on any account whatsoever including the costs of recovery of such sums, due and payable forthwith without requirement for any notice to be given to the Buyer and interest will be charged in accordance with clause 4 with immediate effect until the date of actual payment. |
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(9) The pricing of work can either be in a quotation form or on a standard hourly rate basis, the charges of which will always be outlined to the buyer before commencement of any work. In both cases, all materials are charged at list price. Where the price agreed is at an hourly rate, the total charge will include reasonable time to obtain parts. |
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| I. |
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ACCEPTANCE OF GOODS
The buyer shall be deemed to have accepted the goods and specified service as if he/she/it has expressly written to the Seller and stated as such. |
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| J. |
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RISK
The risk in the goods will pass to the Buyer at the moment the goods are dispatched from the Seller’s premises; or installation has taken place. Where the Buyer chooses to collect the goods himself/herself/itself, the risk will pass when the goods are entrusted to him/her/it or set aside for his/her/its collection, whichever happens first. |
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PROPERTY
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(a) Title in the goods will not pass to the Buyer but shall be retained pending payment in full of the price. Until such time as title passes to the Buyer, the Seller shall have an absolute authority to re-take, sell or otherwise deal with or dispose of all or any part of the goods in which title remains vested in them. |
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(b) For the purposes specified above, the Seller or any of their agents or authorised representatives shall be entitled at any reasonable time during normal working hours to enter without notice onto any premises where the goods or any part of the goods are installed, stored or kept or are reasonably believed to be. |
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(c) The Seller shall also be entitled to seek an injunction to prevent the Buyer from selling, transferring or otherwise disposing of the goods. |
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| I. |
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FORCE MAJEURE
If delivery of the goods or performance of the specified service is delayed by strikes, lockouts, fire, accidents, defective materials, delays in receipt of raw materials or bought in goods or components or any other cause beyond the reasonable control of the Seller a reasonable extension of time shall be granted and the Buyer shall pay such reasonable extra charges as shall have been occasioned by the delay. If the delay persists for such time as the Seller considers unreasonable they may, without liability on their part, terminate the contract. |
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| M. |
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ASSIGNMENT AND SUB-CONTRACTING
The contract shall not be assigned or transferred nor the performance of any obligation subcontracted, in either case by the Buyer, without the prior written consent of the Seller. |
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| N. |
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SEVERABILITY
If any terms or provisions in this contract shall be held to be illegal or unenforceable, in whole or in part, under an enactment or rule of law, such term or provision or part shall to that extent be deemed not to form any part of these Terms and Conditions but the validity and enforceability of the remainder of these Terms and Conditions shall not be affected. |
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| O. |
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WAIVER
The waiver of forbearance or failure by or of a party in insisting in anyone or more instances on the performance of any provision of this contract shall not be constructed in any circumstances as a waiver or abandonment or that party’s rights to future performance of such provision and the other party’s obligation in respect of such future performance shall continue in full force and effect. |
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PROPER LAW
This contract shall be governed by and construed in accordance with English law and each party agrees to submit to the exclusive jurisdiction of the English courts as regards to any claim or matter arising under this contract. |
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ARBITRATION
Any disputes which arise out of or in connection with this contract of whatever nature shall, if practicable be settled by negotiation between the parties. If such disputes are note resolved within 21 days of such negotiations commencing, then the matter shall be referred to arbitration, the ruling in such arbitration being binding on the parties. The parties shall agree on the identity of the arbitrator and, in the event of their failure to agree, the arbitrator shall be appointed by Chartered Institute of Arbitrators. |
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| R. |
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SET OFF
All amounts due under this contract shall be paid in full, without any deduction or withholding other than such as may be required by law, and the party owing such amounts shall not be entitled to assert any credit, set-off or counterclaims against the other party in order to justify the withholding of payment of any such amount in whole or part |
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| S. |
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NOTICES
A notice required or permitted to be given by either party to the other under these Terms and Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. |
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| T. |
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INSOLVENCY OF BUYER
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(a) This clause applies if: |
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i) the Buyer makes a voluntary arrangement with his/her/its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
ii) an encumbrance takes possession or a Receiver is appointed, of any of the property or assets of the Buyer;
iii) the Buyer ceases or threatens to cease, to carry on business; or
iv) the Seller reasonable apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly. |
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(b) If this clause applies then, without limiting any other right or remedy available to the Seller, the Seller may cancel the contract or suspend any further deliveries or suspend further performance under the contract without any liability to the Buyer and if the goods have been delivered but not paid for or the specified service provided but not paid for, the price shall becomes immediately due and payable notwithstanding any previous agreement or arrangement to the contrary. |
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| V. |
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SUPERVENING ILLEGALITY
If any term or this contract is held by any court of law or in arbitration to be illegal or unenforceable, in whole or in part, such term or part shall to that extent be deemed not to be part of this contract, and the validity of the remainder of the contract shall not be affected. |
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| W. |
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DIAGNOSTICS
The seller accepts no liability for any damage caused to property as a result of diagnostic works providing the customer has been informed prior to the work being carried out and has given full permission to proceed. If, in order to troubleshoot an existing problem, it conspires that further works are required in order to eradicate this problem, if the buyer expressly notifies the seller that no such further work is to be carried out, then all diagnostics works carried out so far will be charged to the buyer. This will be charged at an hourly rate in addition to any material purchase costs plus other associated costs. |
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| X. |
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REPAIRS
The seller accepts no responsibility for any unavoidable damage to surrounding areas as a result of the works carried out for the customer, who has been informed of the possible risks and has given prior consent. This may particularly apply to such services as power flushing a central heating system, whereby the pressures under which a system maybe flushed under might be too powerful for older system types, for example when a rusted coil in the cylinder ruptures during the power flush. Furthermore, the seller accepts no liability for any alterations in decor that may have resulted following works carried out. This particularly applies to carpets which may have to be lifted for pipe work installation.
The power flush guarantee will only be deemed valid if Blue Fire Solutions contract further works on the day of the power flush or at a later date no longer than a period of one month from the day of the power flush under advice of the heating engineer to make the system in an acceptable non corrosive state eg: replacing leaky radiator valves or any other corrective measures to prevent oxidation. In systems that is heavily corroded that has never been flushed or for a long period neither has it been maintained with inhibitor a magnabooster and or a scale reducer will be required with the flush lastly the annual insertion of inhibitor into the heating system at the cost of the client for the period of the guarantee.
The core component of a heating system is the boiler. When a boiler is renewed, the boiler manufacturers’ Benchmark scheme requires that the system be thoroughly cleansed to the BS7593:2006 Code of Practice. Currently, best industry practice is considered to be to power flush the system.
Power flushing is the fastest and most effective way to flush heating systems, and involves minimal disruption and dismantling.
We use purpose built power flushing pumps, designed to cure the circulation and boiler noise problems caused by accumulations of sludge, corrosion deposits and scale which are found in most ageing central heating systems.
The power flushing pump is temporarily connected into a heating system during the flushing process. The high water velocity, combined with instantaneous flow reversal, dislodges and mobilises sludge and corrosion deposits.
Having loosened the debris, the pump expels it from the system to waste, using a high velocity flow of fresh water.
Radiators are individually flushed without removal or disconnection from the system. After the power flush, the system is full of clean water, and re-instatement to normal operation takes only a few minutes.
A power flush can be extremely effective in cleaning systems that have corrosion problems as a result of a design fault, but we strongly recommend that any such design faults be rectified before power flushing commences.
The success of a power flush will depend on the level of heating system corrosion which has occurred beforehand. The process will cure most circulation problems, but cannot undo the corrosion and gradual decay that has led to the need to power flush the system.
Whilst it is rare for a heating system to experience leaks after the power flushing process, it is not possible to inspect a system internally beforehand, and the need to use a flushing and dispersing chemical for effective cleansing means that occasionally we may find a leak
The advanced stage of corrosion required for such a situation means that the leak would occur imminently even without a power flush. We believe that it is better that it occurs whilst we are present to remedy the problem, rather than for it to arise over a weekend or whilst the house is unoccupied.
Systems which have been neglected over a period of time, or have not been treated with an effective corrosion inhibitor, may have severely compacted corrosion debris, in the pipe work, radiators, or boiler, and it is possible that even after the power flush, some radiators may still not be fully effective, or boilers on the margin of failure may cease working due to sludge and debris later breaking loose and collecting in the heat exchanger.
The price that we have stated allows for a standard power flush only and if any of the above or similar problems arise during or after the power flush we will not hold ourselves responsible in any way.
Any further work required would be carried out at an additional cost. |
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