K & D Brown Ltd Terms and Conditions

Our terms and conditions are designed to keep our customers informed and aware of certain processes we adhere to. We aim to be completely transparent about all aspects of our work and always work honestly and ethically with our customers and business partners.

TERMS AND CONDITIONS

YOUR INSTRUCTIONS
I will confirm your instructions in writing.  If you disagree with them from time to time you will let me know immediately.  I will also advise you of any variations to what we have previously agreed in writing.

CHANGES TO ASSIGNMENT
If, after we have agreed my fees, you make changes, which alter the scope of the assignment and/or the amount of work involved, you agree to re-negotiate my fees in good faith to take account of such changes.

CONSTRUCTION  (Design and Management) REGULATIONS AND CURRENT BUILDING AND PLANNING REGULATIONS.
You agree to observe the terms and laws of the current construction and building and planning regulations and permissions, including the appointment of competent Planning Supervisors if this applies.  I will also comply with these regulations where they apply to me.

DELIVERY AND COMPLETION DATES
I will do my best to ensure that goods and materials are delivered in accordance with times and dates quoted by suppliers, and that all work is completed on time by contractors.  However, complying with these dates and times is largely outside my control and I will not be responsible for such delays.

PRICES
I will supply you estimates from suppliers, each of which will have a validity period (usually 30 days).  If you confirm orders after the validity period, the price change, and I will advise you accordingly.

UNAVAILABILITY OF GOODS
From time to time a supplier may not be able to supply goods, which I have suggested to you and for which I have provided an estimate.  I will not be liable for such a problem outside my control, but in such cases I will do my best to identify a substitute acceptable alternative to you although the price may be different from my estimate.

ORDERS PLACED
If you order special custom-made items, you will not be able to cancel once the order has been confirmed.  Payment for all such items will be in full advance.  If you cancel a catalogue item after placing your order there may be a cancellation charge.

RESPONSIBILITY FOR AND OWNERSHIP OF GOODS
You will be responsible for all goods and they will be at your own risk once they have been delivered to you or you have collected them.  However, you will assume ownership of goods only when you have paid for them in full.  If any goods belonging to you are left with me or at the premises of suppliers they will be at your risk and you should arrange insurance cover if you think this is necessary.

THIRD PARTY GOODS AND SERVICES
I will place orders on your behalf for goods and services with third party suppliers.  These orders will be subject to suppliers’ terms and conditions, which I will make available to you if you wish.  I offer no warranties regarding such third party goods and services.

DAMAGES AND LIABILITY
If I breach the terms of our agreement or cause you any damage my liability will not be more than the total amount you have paid me in fees and handling charges and I will have no liability for any indirect loss which may result.

Extra Terms and Conditions

1.         Whilst all reasonable care will be taken during the execution of the works, no responsibility can be accepted for any faults or failures that may occur to existing pipework, fittings, equipment, etc. due to disturbance caused by the proposed works.
2.         The attached estimate is based on a non-intrusive survey of the property and, as such, it is assumed that any existing systems that we  connect to are in good condition and in working order. Should we find, during the course of the works, any faults with the existing  systems we reserve the right to make a charge for correcting same. Should the client fail to mention any relevant facts relating to the existing installation we reserve the right to make a charge for correcting same.
3.         Dismantling, clearing and re-instatement of any fitted cupboards, etc. to permit the proposed works to proceed will be charged at extra cost unless specified.
4.         If, during the execution of the proposed works it is necessary to gain access into floors below fitted carpets, these will be lifted by us and laid back on completion. No re-stretching or fixing has been allowed for unless specified. For floors covered with thermoplastic tiles, vinyl sheet covering, cork tiles or laminate flooring, no allowance has been made for reinstatement unless specified.
5.         During the execution of the proposed works, it may be necessary to isolate various water, gas & electrical services. This will be advised in good time and the period of isolation will be as short as possible.
6.         Whilst all holes formed during the execution of the proposed works will be made good on completion, no allowance has been made  for re-instatement of decorations. We do not guarantee to match existing brickwork where boiler flue terminals have been removed.
7.         No allowance has been made for casing in of pipework or painting/decorating of the new works.
8.         It has been assumed that unrestricted access to all relevant parts of the property will be afforded to us during the course of the works. Any delays caused by restricted access not notified at the time of survey may be subject to an extra charge and/or delay in completion.
9.         Where other trades are involved in the works and these trades are not under our control any delays that may be caused to our progress by these trades may be subject to an extra charge and/or delay in completion.
10.       Unless specified the works will be carried out in one continuous visit. Extra visits at the request of the Client or caused by circumstances beyond our control will be subject to a surcharge and may affect the completion date.
11.       Ownership of any materials supplied, whether fixed or unfixed, shall not pass to the Client until payment in full has been received for said materials. We reserve the right to take whatever legal action may be necessary to secure payment for the works carried out and materials supplied either fixed or unfixed.
12.        No allowance has been made for out-of-hours working unless specified or to suit our own requirements.
13.        All dates or times given for the start of or duration of the works are given in good faith based on the information gained during the survey and our current workload commitments. These times may be varied, however, due to unforeseen circumstances i.e. emergency call-outs, breakdowns, etc. or to circumstances beyond our control. No liability will be accepted if it is not possible to meet clients timescales.
14.        The works described in the estimate will be guaranteed for a period of twelve months from date of completion against faulty design and workmanship. The materials supplied will be subject to the suppliers/manufacturers guarantees. The Client’s Statutory Right in law are not effected by this guarantee. This guarantee does not extend to existing, installed equipment, pipework or fittings.
15.         Whilst certain items may be specified by name or model, we reserve the option to supply goods of a different manufacture providing they shall be suitable for the purpose intended.
16.         Any items or materials supplied by the Client or others for our fixing will be unpacked and inspected in the presence of the Client. Any faults found will be pointed out to the Client whose responsibility it will be to obtain replacement items. Any delays caused by faulty or damaged items may be chargeable, may result in us withdrawing from site and may affect the completion date of the works.
17.         Any additional works that the Client requires to be carried out whilst the specified works are being executed will be charged at extra cost. An indication of such cost will be given and the Client’s agreement to same will be obtained before the additional works proceed.
18.         This estimate is open for acceptance for a period of 30 days providing the works can be commenced within 90 days both periods from the date of estimate and thereafter may be subject to revision or withdrawal
19.         Terms of payment are given on the estimate for the works and it is a condition of acceptance that these be adhered to. We reserve the right to charge interest at the rate of 5% per month on overdue accounts.
20.         The price specified in this estimate does not include for the removal of any dangerous waste materials such as asbestos found when carrying out the works. This will be subject to an extra charge.
21.         Acceptance of the Estimate confirms acceptance of these conditions.
22.         Prior to commencement of work involving gas appliances, the existing gas supply will be subject to a soundness test to check for compliance with Gas Safety Regulations. Any faults found will be advised to the Client and any rectification works required may be subject to additional charges.
23.         Should the works include a powerflush of the existing heating system, it must be pointed out that, whilst this treatment is generally harmless, depending on the condition of the existing components the process may find weaknesses in the system. Should any such problems be encountered then any rectification works required may be charged at extra cost. The customer will be asked to sign a waiver confirming this point.
24.         Should the works include a new combination heating boiler unit connected to an existing heating system, the Client should be aware that the higher pressures used by this type of boiler may find weaknesses in the existing system. Any repairs required in this respect are not included in this estimate. The customer will be asked to sign a waiver confirming this point.
25.         This estimate does not include for any parking fees levied in Controlled Parking Zones (CPZ’s). Any such fees incurred will be passed onto the Client at cost.
26.          It is the responsibility of the Client to ensure that all children and pets are kept away from the areas in which we are working.
27           If the proposed works are being carried out in a leasehold property it is the sole responsibility of the Client to ensure that all necessary permissions have been obtained in writing from the landlords/managing agents. We accept no responsibility whatever for any works carried out without the necessary permissions.

We can furnish details of the proposed works if so required at possible additional cost.

PAYMENT

1.         Late Payment – If you fail to pay my invoice within 30 days of sending to you, I may do no further work until you have paid in full.
2.         Bank Charges – I prefer to be paid by cheque drawn on or direct transfer from a UK bank.  If payment is made from an overseas bank and/or in a foreign currency, you will bear the cost of any charges incurred.
3.         Out of Pocket Expenses – You will reimburse K&D Brown Limited for reasonable out of pocket expenses including following items:  Couriers, International facsimiles and phone calls, Accommodation and subsistence (prior to agreement with you), Storage or Collection and deliveries.