Terms & Conditions
For the purpose of these terms & conditions the following words shall have the following meanings:
(a) “The Company” shall mean DFP Building Services.
(b) “The Customer” shall mean the person or organisation for whom the Company agrees to carry out works
&/or supply materials.
(c) Engineer or 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.
All written estimates are valid for 30 days from their date. Prices cannot be guaranteed after this date.
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 .
(iv) if after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.
(v) Unless otherwise specified by the company in the relevant estimate, an estimate is not a firm or fixed price quotation. It is an estimate of the likely minimum cost of the works, based on the information made available to the Company. The Company final price will be calculated on the basis specified in the estimate.
All written quotations are valid for 30 days from their date. Prices cannot be guaranteed after this date.
(a) Quotations 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.
(b) Unless otherwise specified by the Company where the Customer is provided with a fixed price quotation by the Company, that fixed price shall be valid and open for acceptance within Thirty (30) days unless a longer time is specified on the face of the quotation and, if not so accepted within the designated period shall be deemed withdrawn.
All payments (interim and final payments) must be received in full immediately upon completion or within the timeframe as specified on the invoice. If payment is not received, we reserve the right to cease work immediately. All payments that remain unpaid will incur additional late payment charges as specified on the invoice.
The Company shall not be required to issue or deliver any certificates, guarantees or other similar documents regarding the works until payment has been made in full.
Where the Customer is represented by a third party (such as a managing agent, contractor or other representative), in the event of non-payment by the Customer, the third party will be responsible for payment unless the Company has agreed otherwise in writing.
In the case that the Company has agreed invoice terms with a customer. Upon completion of the works, payment must be made by the Customer within 2 days or as specified upon the invoice after the date of issue of the invoice. Any part of the invoice that remains unpaid will incur additional late payment charges as specified on the invoice.
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. However, the Company accepts no liability in respect of the non attendance or late attendance on site of the operative or for the late or non delivery of materials.
8) 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 or quotation) the name of the third party appears on the written estimate or quotation.
9) 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 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 the operative either verbally or in writing of any other related work which requires attention.
In circumstances where the Company is unable to offer a guarantee, the company will notify the Customer before any work is carried out.
11) 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.
12) Customer’s Liability
The Customer shall be liable for:
Any loss, damage or injury, whether direct or indirect or consequential, resulting from failure or delay in the performance of the Customer’s obligations under these terms
The Customer must let the Company know of any dangerous gases, liquids or other materials or of anything which the Customer believes may present a hazard or danger to any person who is due to carry out the works before such work is started.
The Customer must provide the Company with all necessary details in respect of any relevant requirements specified by regulatory authorities.
13) 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.
14) Title of goods
Title to any goods, supplied by the Company to the Customer shall not pass to the Customer but shall be retained by the Company until payment in full for such goods has been made by the Customer to the Company.
The Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferring or otherwise disposing of such goods. The company shall be entitled to take legal action to recover payment of which all costs will be passed on to the customer.
The Company shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control, & the Company shall be entitled to a reasonable extension of the time for performing such obligations.
16) 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.
17) Governed by English Law
These Terms and Conditions shall be governed and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Courts.
The Company may at any time make changes to these terms and conditions and you should therefore periodically visit this page to review the current terms and conditions to which you are bound.