Res (Devon) Ltd

Terms and Conditions 

Additional Notes

 

We have included for the following:

  1. All supports, fixings and fittings.

  2. All interconnecting cabling.

  3. Works to be completed during working hours.

  4. Operation & maintenance manuals.

  5. Unless otherwise stated all Quotations are valid for 30 days.

  6. Carriage - Ex Works/Paid.

  7. Any safety assessments required.

 

Excluded:

 

1)          We have not checked whether planning permission would be required for this project - the customer must be satisfied that the appropriate permission has been gained.

2)          On occasion, large pieces of equipment may have to be delivered direct to site. In this instance the customer will be responsible for checking for quantity and visible damage. A safe dry environment will be required for storage

3)          The performance of Microgeneration heat pump systems is impossible to predict with certainty due to the variability of the climate and its subsequent effect on both heat supply and demand. This estimate is based upon the best available information and is given as guidance only and should not be considered as a guarantee.

4)          The performance of Microgeneration Solid Biofuel Heating Systems is impossible to predict with certainty due to the variability of the climate and its subsequent effect on both heat supply and demand. This estimate is based upon the best available information and is given as guidance only and should not be considered as a guarantee.

5)          he performance of solar heating systems is impossible to predict with certainty due to the variability in the amount of solar radiation from location to location and from year to year. This estimate is based upon the Government's standard assessment procedure for energy rating of buildings (SAP) and is given as guidance only. It should not be considered as a guarantee of performance.

6)          The performance of solar PV systems is impossible to predict with certainty due to the variability in the amount of solar radiation (sunlight) from location to location and from year to year. This estimate is based upon the Government's standard assessment procedure for energy rating of buildings (SAP) and is given as guidance only. It should not be considered as a guarantee of performance.

 

Air Source Heat Pump Installation.

1) Air source heat pumps absorb heat from the outside air. This is usually used to heat radiators, underfloor heating systems, or warm air convectors and hot water in your home.

2) Associated side effects of the heat pump operation could be localised low level noise, cool air discharge, condensate discharge and electro-magnetic radiation.

3) An annual service of heat pump would be required, estimated cost of £95.00 plus travel.

 

Ground Source Heat Pump Installation

1) Ground source heat pumps absorb heat from the ground. This is usually used to heat radiators, underfloor heating systems, or warm air convectors and hot water in your home.

2) Associated side effects of the heat pump operation could be localised low level noise and electro-magnetic radiation.

3) An annual service of heat pump would be required, estimated cost of £95.00 plus travel.

 

Solid Biofuel Installation

1) Biomass heating systems burn a variety of Bio fuels to provide heat. This is usually used to heat radiators, underfloor heating systems, or warm air convectors and hot water in your home.

2) Associated side effects of the boiler operation could be localised low level noise, smoke and particulate emissions, ash residue and electro-magnetic radiation.

3) An annual service of the boiler would be required, estimated cost of £250.00 plus travel.

 

Solar Thermal Installation

1) Solar water heating systems use free heat from the sun to warm domestic hot water. A conventional boiler or immersion heater is then used to make the water hotter, or to provide hot water when solar energy is unavailable.

2) Associated side effects of the solar thermal system operation could be localised low level noise, heat radiation from pipework and components, electro-magnetic radiation.

3) An annual service is recommended, estimated cost of £85.00 plus travel.

 

Solar Photovoltaic Installation

1) Solar electricity systems capture the sun's energy using photovoltaic (PV) cells. The cells convert the sunlight into electricity, which can be used to run household appliances and lighting.

2) Associated side effects of the solar PV system operation could be localised low level noise, heat radiation from components and electro-magnetic radiation.

3) An annual service of Solar PV System is not generally required.

4) A generation meter will be fitted - this will be required to allow you to apply for any government tariffs

 

Credit/DebitCard Payments

 

1) Payments made by credit and debit card are subject to clearance by your card provider and will normally take three working days to credit to our account. If your payment is required for immediate use please call us to discuss another method of payment.

2) Any refunds due on a matter where payment has been made wholly by credit/debit card, will only be refunded using the card details previously supplied.

3) Payments by card can only be accepted with authorisation from the cardholder. If you are not the cardholder please call the Accounts Team for assistance on 01271 346632. Alternatively you can email accounts@res-devon.co.uk

 

RHI or Tariff Schemes

 

Any figures offered to illustrate the benefit from RHI schemes or other government funded tariffs are estimates based on the available information. Scheme applicants should satisfy themselves that their system qualifies and also make themselves aware of any ongoing obligations.RES (Devon) Ltd accepts no liability for any shortfall in revenue from such schemes.

 

 

 

CONDITIONS OF CONTRACT

1. ACCEPTANCE OF OFFER

1.1         “The Offer”, the particulars of which as set out on page 1 of this Contract, will be accepted and conditional upon:

1.1.1      Receipt by The Company, within twenty-eight days from the date of The Offer of the Client’s acceptance of the same in writing;

1.1.2      Reasonable notice given by The Client to The Company  to commence The Works, received not later than 90 days after receipt of The Client’s acceptance of The Offer, and labour and materials required for The Works being available at the date requested by The Client for the commencement of The Works (“The Commencement Date”); and

1.1.3      If required under the provisions of clause 9 below, the payment to The Company of The Deposit  as part payment of The Price

1.2         Subject to clause 1.3, if the conditions of clause 1.1 are not satisfied, or are incapable of being satisfied, in full The Offer will be withdrawn, and any Deposit paid may, at The Company’s discretion, be returned.

1.3         Provided fourteen days’ notice is given to The Company either in writing, with proof of delivery, or via a telephone call (subsequently acknowledged in writing by The Company) The Company will postpone The Commencement Date and will attempt to agree a new commencement date with The Client, which will then be The Commencement Date for the purposes of this Contract.

1.3.1      If a new commencement date is agreed The Price will not alter, unless otherwise agreed between the parties.

1.3.2      If a new commencement date cannot be agreed, The Offer will be withdrawn and The Deposit (if any) may, at The Company’s discretion be returned.

 

2. VARIATION

2.1         The Company reserves the right to substitute alternative materials and equipment and use alternative methods of works and construction of equivalent quality and performance to those specified in The Works or any other document issued by The Company or referred to in this Contract.

2.2         If after any initial survey or inspection, or after commencement of The Works, in the reasonable opinion of The Company, work in addition to The Works is deemed necessary, due to required alterations in design, installation, treatment, or due to health and safety considerations, applicable laws or otherwise, and this would result in an increase in The Price, The Company will provide to The Client details of the further work and price.

2.2.1      If the further work and price is agreed in writing by The Client, that further work and price will become part of The Works and The Price for the purposes of this Contract.

2.2.2      If the further work and price is not agreed, then, as appropriate:

2.2.2.1 The Offer will be withdrawn and The Deposit (if any) may, at The Company’s discretion, be returned; or

2.2.2.2 This Contract will be determined and thereupon The Client shall pay to The Company the reasonable costs of all work carried out until such determination.

 

3. FLUCTUATIONS

3.1         Unless otherwise stated or agreed under the terms of this Contract, The Price is based on the cost of labour, materials and all necessary services at the date of The Offer, and any subsequent increases or decreases in such costs shall be added to or deducted from The Price. 

 

4. EXTRAS

4.1         Unless otherwise stated or agreed under the terms of this Contract, The Price is for The Works to be undertaken without interruption during the normal working hours of The Company from time to time (currently 8.00am to 5.00pm Monday – Friday).

4.2         If The Works are undertaken outside the Company’s normal working hours (in “Extra Time”) for any reason (other than through the default, delay or negligence of The Company) the costs of such Extra Time (including any overtime paid) plus a reasonable proportion of The Company’s overheads and profit shall be paid by The Client in addition to The Price.

4.3         If additional materials to those contained or referred to in The Works are supplied because of additions or alterations to The Works requested by The Client, the Client will pay the cost of such additional materials plus a reasonable proportion of The Company’s overheads and profits, in addition to The Price.

 

5. LOCAL AUTHORITY REQUIREMENTS

5.1         Where the relevant Local Authority or its officers, for whatever reason, becomes involved in the completion and/or supervision of The Works, any additional costs incurred by The Company  to meet the specific requirements of the Local Authority and/or its officers will be charged to The Client  in addition to The Price.

 

6. FIXTURES AND FITTINGS

6.1         The expression "Fixtures and Fittings" shall include, without prejudice to its generality, pipes, cables, furniture, furnishings, internal plaster and decorations.

6.2         Unless otherwise agreed in writing between the parties, all Fixtures and Fittings in areas where The Works are to be undertaken shall be removed by The Client  before commencement of The Works and afterwards repaired and replaced (as necessary) by The Client , in each case at The Client’s expense.

6.2.1      The Company may remove any Fixtures and Fittings not so removed by The Client, and may charge The Client the reasonable cost of such removal, in addition to The Price.

6.3         The Company shall not be responsible for any damage to or destruction of any Fixtures and Fittings (other than damage or destruction wholly caused by the negligence of The Company, its servants or agents) and The Client shall indemnify The Company against any claim for such damage or destruction.

 

7. WORKING FACILITIES 

7.1         The Client will at his own expense provide The Company with:

7.1.1      Unimpeded access for vehicles and workmen during normal working hours to all areas to which access is necessary for carrying out any initial inspection and/or survey and thereafter The Works;

7.1.2      Adequate and conveniently situated supplies of electricity and water to be used by The Company;

7.1.3      Conveniently situated areas for loading, unloading, storage and carrying out works ancillary to The Works; and

7.1.4      Where relevant, all permissions and consents from landlords, local authorities, adjoining property owners and other relevant parties necessary for inspections, surveys or The Works to be undertaken, including, but not limited to, planning permissions and the written consent of any owner and/or occupier of any adjoining property  to The Property for  access as may be  necessary to such adjoining property for the purpose of carrying out works to party walls or for the erection of scaffolding.

 

8. STRUCTURAL DEFECTS  

8.1         Unless otherwise stated or agreed between the parties, The Offer has been made upon the basis that The Property  is in good condition; if it is discovered that The Property, or any part of it, is not in good  condition after any initial inspection or survey, or after commencement of The Works,  then The Company may by not less than seven days’ notice in writing to The Client  determine this Contract and thereupon The Client  shall pay to The Company  the reasonable costs of all work carried out until such determination.

8.2         Upon any such determination The Client will be responsible for all reinstatement work at their own expense.

8.3         Upon any such determination The Company will not be responsible for any deterioration to The Property caused by structural defects subsequently identified at The Property.

 

9. TERM OF PAYMENT

9.1         Payment of The Price and any other sums due under this Contract will be paid in the following manner, or as agreed between the parties:

9.1.1      If a Deposit has been paid pursuant to clause 9.4 below, 60% of The Price will be payable immediately on completion of The Works, with payment of the remaining 10% of The Price within 30 days of invoice

9.1.2      If a Deposit has not been paid, 100% of The Price will be payable immediately on completion of The Works

9.2         A charge of 5% above the Base Rate of HSBC Plc from time to time will be payable by The Client  in respect of accounts which remain outstanding for a period in excess of 30 days from the invoice date. 

9.3         The Company will not request a Deposit from The Client on contracts where The Price is less than £2000 + VAT.

9.4         The Company reserves the right to request a Deposit of 30% of The Price from The Client (which The Client agrees to pay if such a request is made) in advance of The Commencement Date where     The Price is in excess of £2000 + VAT.

9.5         The Company reserves the right to submit fair and quantified interim invoices for The Works where The Price is in excess of £2000 + VAT. 

9.6         Any invoices issued by The Company for The Works will be paid by The Client within 14 days of the invoice date. 

 

10. VALUE ADDED TAX

10.1       Unless otherwise stated, prices and rates shown or referred to in documentation issued by The Company in relation to The Works, including but not limited to, this Contract, are exclusive of Value Added Tax which will, where applicable, be added to such prices and rates at the rate prevailing from time to time and will be paid by The Client.

 

11. DELAYS, SUSPENSION OF THE WORKS AND COSTS

11.1       Where any period or date for completion of The Works has been agreed, The Company shall be entitled to a reasonable extension of that time or period where delay is due to adverse weather conditions and for other reasons as may be fair and reasonable in the circumstances.

11.2       Should any of the conditions contained or referred to in this Contract not be fully complied with or are breached by The Client, The Company reserves the right to suspend The Works  until such time as the applicable conditions have been  complied with or remedied, and other business commitments permit The Company’s  return to The Property.

11.3       Any costs incurred by The Company as a result of circumstances outside The Company’s control which require The Company, in its reasonable opinion, to suspend The Works for any length of time, may be charged to The Client.

 

12. LIMITATION OF LIABILITY

12.1       The Company will not be liable for any loss (including consequential loss) or damage sustained by The Client in relation to the provision of The Works or otherwise, save as provided for in this Contract, whether caused by The Company's negligence or otherwise. 

12.2       For the purposes of this Contract consequential loss means any and all of the following:  indirect, special or consequential damages or losses suffered or incurred by The Client, and  indirect, special or consequential damages or  losses shall include, but not be limited to: damage to or losses of data, furniture or equipment; economic loss or damage; damage to or loss of profits, interest, business revenue, anticipated savings, business or goodwill; the costs and expenses of any redecoration, repainting or retiling work; the costs and expenses of removing and/or replacing any cupboards, carpets or other furniture, or any other Fixtures and Fittings; and the incurring of liability for losses or damages of any nature whatsoever suffered by third parties (including in each case incidental and/or punitive damages), even if The Company is advised in advance of the possibility of any such losses and/or damage.

 

13. ARBITRATION FACILTY

13.1       In the event of any dispute arising out of or in connection with any initial survey or inspection of The Property, or The Works, then such dispute shall be referred to independent arbitration. The Company will put forward a list of suggested arbitrators from which The Client may choose; or if The Client prefers the arbitrator will be nominated by the President for the time being of the Royal Institute of Chartered Surveyors. The conclusion of such arbitration shall be a condition precedent to any court proceedings initiated by The Client.

13.2       The Client will pay invoices issued under this Contract in full without set off or abatement pending the result of any arbitration.

 

14. LAW AND JURISDICTION

14.1       This Contract shall be governed and construed in accordance with English Law and the Courts of England shall have exclusive jurisdiction, subject to the provisions of clause 13 above, to settle any dispute that may arise out of or in connection with this Contract.

9 Benning Court

Pottington Business Court

Barnstaple

Devon

EX31 1AB

Company Reg No: 6008460

© Copyright 2020 by Res (Devon) Ltd.

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