For the purpose of these terms & conditions the following words shall have the following meanings:
(a) “The Company” shall mean KCMC Services Ltd.
(b) “The Customer” shall mean the person or organisation for whom the Company agrees to carry out works.
The Operative shall mean the representative appointed by the Company.
2.) Right to Refusal
The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Customer those works shall be undertaken by the designated operative of the company at its absolute discretion.
3.) ‘By Time’ Charges.
The total charge to the Customer shall consist of the cost of materials supplied by the Company & the amount of time spent by the operative in carrying out works both onsite and offsite (including all reasonable time spent in obtaining unstocked materials) charged in accordance with the Company’s current hourly rates. The Customer shall only be charged for the time spent related to the Customer’s work, all other time.
4.) FIXED PRICE WORK
Fixed price work shall be given as a firm cost, (manifest errors exempted) including Labour & Materials. Terms and conditions relating specifically to the quoted work, including in some cases a payment schedule, will apply.
5.) Estimate Charges
Where a written estimate has been supplied to the Customer the total charge to the Customer referred to in the estimate may be revised in the following circumstances:—
(i) if after submission of the estimate the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the estimate.
(ii) if after submission of the estimate there is an increase in the price of materials.
(iii) if after submission of the estimate it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared .
6.) Material Collection
Collection of non-stock items is chargeable but:
(a) Time must be kept to a minimum & reasonable.
(b) If the collection time is likely to exceed 45 minutes the customer must be additionally informed of the circumstances.
The customer will provide us with details of a payment card (credit or debit) at the time the work is agreed and the customer agrees that we can debit this card in accordance with our charges.
The payment card must have sufficient credit to cover all the charges. In the event that we are unable to charge your payment card for any reason, we reserve the right to cease work immediately.
In the case that the Company has agreed invoice with a customer. The Invoice is due for payment within 30 days from the completion of the work.
Where the date &/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure that the Operative shall attend on the date & at the time agreed.
10.) Liability of Accounts
The Customer shall accept sole liability to discharge the Company's account unless he/she discloses to the Company when initially instructing the Company to carry out work &/or supply materials that he/she is acting on behalf of a third party (including, but not limited to, a Limited Company or partnership) & receiving a written estimate) the name of the third party appears on the written estimate.
11.) Cancellation of formally agreed quoted work
If the Customer cancels their instructions after formally accepting quoted work prior to any work being carried out or materials supplied then the Customer shall be liable for any related expenditure on both labour and materials.
If, after the Company shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 12 months to the Company & shall afford the Company, and its insurers, the opportunity of both inspecting such works, & carrying out any necessary remedial works if appropriate. The Customer accepts that if he fails to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.
The Guarantee shall be for labour & materials supplied by the Company in respect of faulty workmanship or failed parts for 12 months from the date of completion. The Guarantee will become null & void if the work/appliance completed/supplied by the Company is:
(a) Subject to misuse or negligence.
(b) Repaired, modified or tampered with by anyone other than a Company operative. The Company will accept no liability for, or guarantee suitability, materials supplied by the Customer & will accept no liability for any consequential damage or fault.
The company will not guarantee any work in respect of blockages in waste & drainage systems etc.
The company will not guarantee any work undertaken on instruction from the customer & against the written or verbal advice of the operative.
Work is guaranteed only in respect of work directly undertaken by the company & payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the company will not be guaranteed.
The company shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out. Work will not carry a guarantee where the customer has been notified by a ttradesperson verbally or in writing of any other related work which requires attention.
13.) Work on inferior installations
Where the Company agrees to carry out works on installations of inferior quality or over ten years old at that date no warranty is given in respect of such works & the Company accepts no liability in respect of the effectiveness of such works or otherwise.
are solely responsible for any Gas related work & subsequent liability.
14.) Waiver of Terms & Conditions
These terms & conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing by a duly authorised representative of the Company & by the Customer. Further, these terms & conditions shall prevail over any terms & conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering into a contact with the Company the Customer agrees irrevocably to waive the application of any such terms & conditions.
15.) Work not carried out by the Company
The Company shall only be liable for rectifying works completed by the Company & shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested & not undertaken at that time or undertaken by a third party.
16.) Governed by English Law
These terms & conditions & all contacts awarded between the Company & Customer shall be governed & construed in accordance with English law & shall be subject to the exclusive jurisdiction of the English law.