1.
ECS reserves the right to decline work. Where we agree to carry out work, the work will be carried out by a representative of ECS.
2.
We can supply our services on an hourly rate or for a fixed price.
3.
For hourly rate work, the total charge will consist of the cost of the materials supplied by ECS (which will not exceed trade purchase price + 20%) and the amount of time spent by our representative in carrying out the work. This will include all reasonable time spent in sourcing materials that are not in stock. The customer will only be charged for the time spent in activities related to the work, not for instance for personal mobile phone calls. All charges are subject to VAT at the prevailing rate except where the work carried out is zero rated.
4.
For fixed price work, we give a firm cost, which includes all labour and materials, and is subject to VAT at the prevailing rate.
5.
Where a written estimate has been supplied, the final charge to the customer should not exceed the estimate by more than 20%, unless the customer asks for additional work to be carried out, or there is an increase in the price of materials, or we discover that extra, unpredicted work needs to be done for the project to be viable, or if there was a manifest error in the estimate.
6.
We shall not be obliged to supply an estimate and will only be bound by estimates given in writing and signed by a duly authorised representative of ECS. We will not be bound by oral estimates.
7.
If our representative has to leave the customer’s site to collect materials, that time is chargeable but must be kept to a minimum. The customer must be informed whenever our representative leaves the premises, the reason for the journey and the likely time away. Only one of our representatives should leave the site for this purpose at any time. We do not charge for time taken to collect items that should be in stock.
8.
Invoices are due for payment upon presentation. Any invoice or part-invoice that remains unpaid after 7 days will attract interest at the rate of 4% over the base rate until payment in full is received.
9.
Where we have agreed on a date and/or time for work to be carried out, we will do our utmost to attend at the date and time agreed. However, we accept no liability for non- or late attendance on site or for the non- or late delivery of materials.
10.
The customer accepts full liability for our account, unless the customer has disclosed, when instructing us, that they are acting on behalf of a third party. If a written estimate is provided, it must include the name of the third party.
11.
If the customer aborts the project prior to any materials being supplied, then they will be liable for any expenditure related to this, including the profit that would have accrued to ECS had the materials been supplied in accordance with initial instructions.
12.
If, after ECS has carried out the works, the customer is not completely satisfied, then the customer should give notice to ECS in writing within 12 months, and should give ECS, and our insurers, the opportunity both to inspect the work and to carry out remedial action. The customer accepts that if they do not inform ECS in this way, then ECS is not liable for any defects in the works carried out.
13.
The Guarantee only refers to labour, in respect of faulty workmanship for 12 months from the date of completion, with the manufacturer’s warranty in force. The Guarantee becomes null and void if the work or appliance, which ECS supplied or installed, is subject to misuse or negligence, is repaired, altered or tampered with by anyone other than our representative. We will accept no liability for, or guarantee the suitability of, materials supplied by the customer. We will accept no liability for any consequential problem, damage or fault.
14.
ECS will not guarantee any work with regard to blockages in waste and drainage systems, etc. ECS will not guarantee any work instructed by the customer that goes against the written or verbal advice of our representative.
15.
Only work undertaken directly by ECS, and for which for full payment has been received, is guaranteed. Any faults arising from recommended work that has not been undertaken by ECS will not be guaranteed.
16.
ECS will not be held liable for any damage resulting from non-guaranteed work or where recommended work has not been carried out. We will not guarantee work where the customer has been notified of related work that requires attention, either verbally by our representative or indicated in ticked boxes or in Comments/Recommendations.
17.
The customer shall be solely liable and responsible for any hazardous situation with regard to Corgi Regulations or Gas Warning Notices issued.
18.
Where ECS agrees to carry out work on installations over 10 years old or of inferior quality, no warranty is given at that date, in respect of such works. ECS will accept no liability in respect of the effectiveness of such works or otherwise.
19.
ECS is entitled to recover costs and damages from any representative or contractor whose negligence or faulty workmanship results in ECS being made liable for damages or remedial work.
20.
These Terms and Conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner, except in writing, signed by an authorised representative of ECS and by the customer. These Terms and Conditions shall prevail over any others used by the customer or set out or referred to in any communication sent by the customer to ECS. By entering into a contact with ECS, the customer irrevocably agrees to waive the application of any such alternative Terms and Conditions.
21.
The title ownership of any goods, which we supply to the customer, will not pass to the customer but be retained by ECS until full payment for the goods is made. Until that time, ECS will have the right to repossess or sell said goods. For this purpose, ECS or its agents will be entitled to enter any premises where those goods are located, or where they may reasonably be believed to be so. ECS will be entitled to seek court injunctions to prevent the customer from selling, transferring or otherwise disposing of such goods.
22.
Notwithstanding the foregoing, the risk associated with such goods shall pass to the customer immediately upon its delivery to the customer, and, until title in these goods has passed to the customer, they shall insure the goods to their replacement value. The customer must, upon request, provide ECS with evidence of this insurance.
23.
ECS will not be liable for any delay, or for the consequences of any delay, in performing any of its obligations, if the cause of such a delay is beyond its reasonable control. ECS will be entitled to a reasonable extension in the time for completing such works.
24.
ECS will only be liable for rectifying works completed by ECS and will not be held responsible for damage or claims resulting from this or other work overlooked, or subsequently requested and not completed at that time.
25.
These Terms and Conditions, together with all contacts awarded between ECS and the customer shall be governed and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English law.
