Terms & Conditions
Surefire Eco Ltd
Terms & Conditions
Who we are. We/us/our (all references relate to) are Surefire Eco Ltd a company registered in England and Wales – Registration number 13558394. The company registered office is Unit 2, Eagle Point, Telford Way, Wakefield 41, Wakefield, WF2 0XW
1. INTERPRETATION
1.1 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.2 A reference to a party includes its personal representatives, successors and permitted assigns.
1.3 A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
1.4 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.5 A reference to writing or written includes faxes and emails.
2. BASIS OF THE CONTRACT
2.1 These terms and conditions are applicable to you, our customer, whether we are working directly for you as our private customer or as a subcontractor providing services to your company.
2.2 These terms and conditions which apply to the agreement between you (our customer), and us (and shall prevail) to the exclusion of any other terms that the Company seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.3 When you ask us for a quotation, one of our surveyors will come to your property / site to carry out a survey. If we cannot survey your property / site, or do not consider it to be suitable for us to provide the requested goods/services, we do not have to provide the survey or any product to you.
2.4 If we do survey your property / site and provide you with a quotation (the ‘Quotation’), the Quotation will be subject to the matters set out in this Agreement, which you should note. The Quotation will include those products, services and other items or work which our surveyor considers that you require based on the survey (together, the ‘Work’) and will remain open for acceptance for 7 days, although we reserve the right to withdraw the Quotation at any time. Our prices are subject to VAT and to any change in the rate of VAT.
2.5 A contract will only come into being upon our acceptance and confirmation of your agreement to the Quotation. In agreeing (whether expressly or impliedly) to the Quotation, you are:
i. placing an order confirming that you accept and understand the terms of this Agreement and agree to be bound by them;
ii. agreeing that it is acceptable for the information and form required to be provided to you under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the ‘Regulations’) to be provided via an emailed copy of your quote and these terms and conditions;
iii. giving authority for the Work to be carried out and (where relevant) agreeing that you have authority from the owner of the property for the Work to be carried out; and
iv. agreeing that you (or the owner of the property) have obtained any relevant consents and/or permissions that may be required, e.g. listed building consent.
3. OUR GOODS & SERVICES
3.1 Goods may vary slightly from their pictures. The images of the products in our brochure. Marketing material or on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in brochures accurately reflect the colour of the products. Your product may vary slightly from those images.
3.2 Quality of Goods. We warrant that on delivery, the goods shall:
i. conform with their description and any applicable goods Specification;
ii. be free from material defects in design, material, and workmanship;
iii. be bespoke and manufactured to the specifications required for you;
iv. be of satisfactory quality (within the meaning of the Consumer Rights Act 2015);
v. have the benefit of the Manufacturer’s Warranty.
3.3 Any manufacturer’s warranty (see Clause 3.2v), included with any Boiler purchased as part of the Work, is subject to the terms of such warranty (available directly from the manufacturer). Please note that, for the warranty to remain valid, you must ensure that the Boiler is serviced by a Gas Safe registered engineer within each 12 month period from installation. You must keep appropriate records of those services and be able to produce them on request. The manufacturer warranties for other products installed may attract other conditions and you should, in each case, refer to the terms of the guarantee or contact us for further information.
3.4 Replacement Goods. Subject to Clause 3.5, we shall, at our option, replace the defective goods if:
i. you give notice in writing within 7 days of receipt of the goods; and
ii. we are given a reasonable opportunity of examining such goods.
3.4 Liability for Goods. We shall not be liable for the goods’ failure to comply with the terms of Clause 3.4 if:
i. you make any further use of such goods after giving a notice in accordance with Clause 3.4;
ii. the defect arises because you failed to follow our or the Manufacturers oral or written instructions as to the use or maintenance of the Goods or (if there are none) good trade practice;
iii. you alter or amend the goods without our written consent;
iv. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or
v. the goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
3.5 Except as provided in this Clause 3, we shall have no liability to you in respect of the goods’ failure to comply with the terms set out in Clause 3.2v & 3.
3.6 Goods belonging to us may be delivered to the site. If the contract is terminated early for any reason then, unless you have paid for the goods, you must return them to us. Until ownership of the goods passes to you: you must store the goods separately in such a way that they remain readily identifiable as our property; you must not destroy, deface or obscure any identifying mark or packaging relating to the goods; and you must maintain the goods in satisfactory condition.
3.7 The risk in the Goods and Materials supplied by us shall pass to you on completion of delivery at site.
3.8 The legal title to the Goods and Materials supplied by us shall not pass to you until we receive payment in full (in cash or cleared funds) for the Goods and Materials and Services.
3.9 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by us.
3.10 Our Services come with the benefit of a 3 month labour Warranty, which commences from the date which the Services are concluded. Please note that this warranty is subject to the following conditions:
i. Where multiple installations form part of a project (E.g. New build dwellings on a construction site), the 3 month workmanship warranty commences upon completion of each components installation, not at the end of the project.
ii. if upon inspection it is discovered that the fault/issue is not of our doing, then we reserve the right to charge you for the call out and any work carried out;
iii. any call outs after the expiry of the warranty period will be subject to a call out charge.
3.11 If, when we commence Work, we find that there is a problem which was not reasonably apparent on survey or we find dangerous material such as asbestos, we reserve the right to cancel, suspend or increase the price of the Works. If we cannot carry out the Work for reasons outside of your control, you will not be charged. If you do not provide us with reasonable access or you suspend or cancel the Work, we may suffer additional costs and may recharge you for these and for any work carried out.
3.12 We will carry out the work in conformity with this contract and will take reasonable care in carrying out the Work but we do not accept liability for any damage to decorations, walls, floors or the like, which is not reasonably avoidable in carrying out the Work. We will make good any holes but will not re-decorate, re-finish or re-lay flooring or floor covering. Boxing in of pipework is not included unless specifically set out in the Quotation. You should therefore be aware that minor redecoration may be required after the Works, which is not included in the Quotation price. We will notify Building Control or Gas Safe of your installation as appropriate following completion.
3.13 If, when we commence Work we find that your main incoming gas pressure is outside of the parameters of the manufacturer’s instructions for the appliance we are installing / working on, or it presents an unsafe situation we may need to upgrade your gas pipework which may not have been included in the initial quotation. Works in this case are mandatory, in line with the Gas Safety (Installation and Use) Regulations (GSIUR), to ensure a fully safe installation and will be charged accordingly. We will make you aware of any additional Works and their cost before we proceed with them but please be advised that if you reject these works you will be liable for payment in full of our original quote and we may not be able to complete Works and/or leave your gas appliance(s) live/commissioned. We may have to cap off the incoming gas supply until the aforementioned works have been done.
3.14 All work (where applicable) carried out by us will be in accordance with Part L (Conservation of fuel and power) Building Regulations.
3.15 System change notice – Forming part of our terms and conditions (where applicable).
Changing a central heating system from a standard open vented system to a combination boiler with a sealed system is a very positive and often unavoidable upgrade. Combination boilers can provide instant hot water and are generally more efficient.
However, we do need you to be aware that when we fit the new combination boiler, the system has to be pressurised. If there is old pipework or radiators in place, this pressurisation can sometimes cause an issue and corroded pipework, radiators, or ball valves etc may leak or become defective. You will note that from our terms and conditions that we do not take responsibility for any problems which arise due to issues with the integrity or suitability of the existing system to which the new boiler is connected.
We can replace pipework or radiators if required but any cost related to this has not been included in the quote at the present time. By instructing us to work for you, you are confirming that you understand the above and agree that we may commence work.
4. PRICE & PAYMENT
4.1 Once you have accepted our Quotation, you must make payment in full in cleared funds prior to commencement of the Work unless we agree otherwise in writing with you.
4.2 Payment will be required in accordance with the terms stipulated within our Quote (including any addition Quote provided).
4.3 B2B customers entering into a new relationship will be subject to due diligence and more often than not placed on our standard 7 calendar days payment terms. When a proven positive credit file builds with us, an extension of credit may be sanctioned. Any offered credit shall never exceed 30 calendar days.
4.4 B2C customers entering into any transaction will be required to make immediate and full payment in relation to any invoice received.
4.5 If the Work is cancelled prior to installation we will refund to you all sums paid in advance, less any amounts due for Work carried out prior to cancellation and (in the case of cancellation by yourself) any amounts due for costs incurred by us to the date of cancellation.
4.6 Whilst we may provide guidance to you in respect of the process by which you can apply for any cashback offers available to you, we are not responsible for the success or failure of such application, and the success or failure of your application does not affect your obligation to make payment to us for the goods and services provided, nor can we delay receiving payment to the date at which you may receive any such cashback.
4.7 We make no guarantee that any RHI payments or other government sponsored payments or grants will be either accessible to you or will amount to any specific value. We are not in a qualified position to be able to provide you with any guarantees or promises as to the extent of any payments or grants and you need to separately retain the services of a qualified assessor for this purpose. You will, at all times remain liable for making payment in full for the Work and we cannot make any assurances that you will receive any funds towards such payment/s from any source.
4.8 Once we have accepted your order and we have received the agreed advance or deposit payment due in cleared funds, we will agree with you a date for the Work to be carried out within normal business hours. We will endeavour to carry out the Work on the agreed date but this may be subject to change and we shall not be liable in any way for any delay or any losses whatsoever arising as a result. Time shall not be of the essence for the purposes of this clause.
4.9 Please note that if there is a significant delay (of more than 7 days) between our acceptance of your order and receipt of full payment, the Quotation may be subject to change.
4.10 You will pay any sums due by the relevant date/s set out on the quotation or otherwise agreed or, if not stated, immediately on completion of the Work. If you fail to pay the amount specified by the due date then we may charge interest until the full amount is paid. The interest rate we charge will be 3% above the base rate set by the Bank of England. If you are in breach of this agreement because you have failed to make an agreed payment, then we may be entitled to suspend work, recover any additional costs we incur and/or require you to return any delivered goods to us.
4.11 You agree that you are liable to pay any and all fees, charges and costs relating to the instruction of Debt Collection/Recovery agents and/or Solicitors in the recovery of outstanding debts owed under the Contract.
4.12 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
4.13 Should an agreement be made for any of our representatives to attend your premises / site to carry our works on an agreed date, you must ensure that all dependencies have been met which allows us to complete all outlined works on those stated dates. If for any reason we cannot carry out works as agreed due to no fault of our own, you will be liable for all expenses incurred by us, including but not limited to the full man day rate for all representatives who have been scheduled to be on site or who have arrived on site, and any sufferance of loss relating to fuel, accommodation & meals, deliveries, storage, wages, good will and such like.
4.14 Any purchases which qualify for any payment incentives must be paid for at the full invoice value in the first instance. We will then refund you the discounted amount that you have qualified for in line with the date that you have made your full initial payment. By accepting such an offer, you are accepting that the company decision in respect of discounts nd refunds is final. The company aims to administer your refund within 14 working days (Working days being Monday to Friday inclusive) which does not include for any time that a respective bank may take to process these transactions. As part of such incentives, you are not permitted to make any financial deductions to your invoice. You must settle your invoice in line with the term and conditions – Anything other than this may put you in breach of contract, and where this happens we may seek legal advise against you.
5. CUSTOMER OBLIGATIONS
5.1 You Shall:
i. provide us and our employees, sub-contractors, agents and other workmen or representatives access on the agreed date to carry out the Work and you agree that (where applicable), once the Work is complete, you will promptly pay any outstanding balance.
ii. obtain and maintain all necessary licences, access, planning, permissions, and consents which may be required for the Services before the date on which the Services are to start. Most heating installations do not require planning permission but you should check. If, for example, your property is a listed building or you are in a conservation area and/or the system flue extends 1 metre above the roof height then you may need planning permission. You are responsible for contacting your local planning authority to obtain confirmation that planning permission is not required. We cannot be held liable for any installation carried out where planning permission was required but not obtained and we cannot offer refunds in such cases.
iii. provide the following for our use free of charge during the Works: water, washing facilities and toilets; electricity supply; gas supply (where relevant); adequate storage space; safe and easy access to your property from the public highway; easy access to the location within the property where the installation is to take place.
iv. You agree that from time to time we may arrange for the Work to be inspected and you will grant such reasonable access as may be required in order for such inspections to be carried out;
v. comply with all applicable laws, including health and safety laws.
6. LIMITATION OF LIABILITY
6.1 Nothing in the Contract shall limit or exclude our liability for:
i. death or personal injury caused by its negligence, or the negligence of its employees, agents, or subcontractors;
ii. fraud or fraudulent misrepresentation; or
iii. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
6.2 Subject to Clause 6.1, we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
i. any damage/losses/issues arising from pre-existing issues (including but not limited to wear and tear) to the property/site which are not directly related to the agreed works;
ii. loss of or damage to goodwill; and any indirect or consequential loss;
iii. any defect in or damage caused to the Work, or any part of it, arising from fair wear and tear, wilful damage, your negligence;
iv. damage caused by a third party (other than our representatives and installers), failure to follow our instructions or any instructions of the manufacturer or supplier of goods forming part of the Work, or alterations made or actions taken without our approval;
v. any loss due to fire, theft or other risks normally insured for under a household insurance policy;
vi. any delay in carrying out the Work, and any related costs;
vii. any costs arising out of any requirement for us to cancel the Work, if we cannot carry it out as planned;
viii. inadequate servicing of a Boiler or other product (unless such servicing was provided by us) or by deliberate action, accident, misuse or third party interference including modification or an attempted repair (other than repairs carried out by us) which does not fully comply with industry standards;
ix. any defect, damage or breakdown caused by the design, installation and maintenance of a central heating system or which is due to the integrity or suitability of any existing part of a heating system to which the Works have connected;
x. any defect, damage or breakdown caused by moving and repairing equipment, such as (but not limited to) boilers and cylinders. We will advise you of the risks in such circumstances but cannot accept any liability for any issues which may arise;
xi. de-scaling or other work required as a result of hard water scale deposits or from damage caused by aggressive water or sludge resulting from corrosion;
xii. any incompatibility of a shower with any new Boiler supplied and installed by us;
xiii. any issues arising as a result of inadequate or changeable water supply;
xiv. any failure by us to meet any of our obligations due to matters beyond our control;
xv. save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business, wages or goodwill) howsoever arising.
6.3 Notwithstanding the foregoing, nothing in this Agreement is intended to limit any rights you might have as a consumer under applicable law, or other statutory rights that may not be excluded, nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
6.4 Subject to Clause 6.1, our total liability to your, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the Contract, shall be limited to 100% of the total charges paid under the Contract.
6.5 All claims against us must be brought within one 1 year after the cause of action arises and you waive any statute of limitations which might apply by operation of law or otherwise.
6.6 This Clause 6 shall survive termination of the Contract.
7. DATA PROTECTION & DATA PROCESSING
7.1 The parties acknowledge that for the purposes of General Data Protection Regulation (GDPR), that you are the Data Controller, and we are the Data Processor in respect of any Personal Data.
7.2 We, our agents and subcontractors shall process the Personal Data only in accordance with your instructions from time to time and shall not process the Personal Data for any purposes other than those expressly authorised by you and in accordance with this agreement and to comply with the requirements of supervisory organisations such as Gas Safe.
7.3 We shall take reasonable steps to ensure the reliability of all its employees who have access to the Personal Data.
7.4 Each party warrants to the other that it will process the Personal Data in compliance with all applicable laws, enactments, regulations, orders, standards, and other similar instruments.
7.5 We warrant that, having regard to the state of technological development and the costs of implementing any measures, we will:
i. take appropriate technical and organisational measures against the unauthorised or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data to ensure a level of security appropriate to the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction, or damage and the nature of the data to be protected.
ii. take reasonable steps to ensure compliance with those measures.
7.6. If you give us information on behalf of someone else, you agree that they are aware of these terms and that they have given permission for us to use their personal information as described above.
7.7 We may monitor and record any communications we have with you, including phone conversations and emails, to make sure that we are providing a good service and are meeting our legal and regulatory responsibilities.
7.8 You are entitled to have a copy of the information we hold on you and to have any inaccurate information corrected. We may charge a small fee for providing a copy of any information we hold about you.
7.9 Each party agrees to indemnify and keep indemnified and defend at its own expense the other party against all costs, claims, damages, or expenses incurred by the other party or for which the other party may become liable due to any failure by the first party or its employees or agents to comply with any of its obligations under this Clause 7.
7.10 You acknowledge that we are reliant on you for direction as to the extent to which we are entitled to use and process the Personal Data. Consequently, we will not be liable for any claim brought by a Data Subject arising from any action or omission by us, to the extent that such action or omission resulted directly from your instructions.
7.11 We may authorise a third party (subcontractor) to process the Personal Data provided that the subcontractor’s contract is on terms which are substantially the same as those set out in this agreement.
8. TERMINATION
8.1 Without affecting any other right or remedy available to it, we may terminate the Contract prior to commencement of supplying the Goods and Services by giving you 24 hours written notice. In such circumstances (only), we will refund you the deposit.
8.2 Without affecting any other right or remedy available to it, we may terminate the Contract with immediate effect by giving you written notice if:
i. you commit a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 24 hours of that party being notified in writing to do so;
ii. you fail to pay any amount due under the Contract on the due date for payment;
iii. you take any step or action in connection with its entering bankruptcy, administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
iv. you (where applicable) suspend, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business;
v. your financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; or
vi. (where applicable) there is a change of control of your business.
8.3 Without affecting any other right or remedy available to it, you may terminate the Contract (if the services have not yet been carried out) at any time up to 14 days after you enter into the contract for those services. You may return goods at any time up to 14 days from receipt, unless the goods have been mixed inseparably with other items by that point or if the goods were tailor made for you. You are responsible for returning goods to us at your own cost and deduction will be made if the value of the goods has been reduced as a result of handling. This does not in any way affect your statutory rights. If you wish to cancel any Work or return any items, please notify us immediately by emailing or writing to us using the contact details set out in your quote. A standard cancellation form is available at the end of this document. If Work has started before the end of the cancellation period with your agreement (i.e. you have permitted the Work to commence during that time), you may be required to pay reasonable costs for any goods or services supplied (in line with regulation 36 of the Regulations).
8.4 Without affecting any other right or remedy available to it, you may terminate the Contract by providing 7 days written notice to us if:
i. we commit a material breach of its obligations under the Contract and (if such breach is remediable) fails to remedy that breach within 48 hours after receipt of notice in writing to do so;
ii. we take any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
iii. we suspend, or threaten to suspend, or cease or threaten to cease to carry on all or a substantial part of our business.
8.5 Without affecting any other right or remedy available to it, we may suspend the supply of Services under the Contract or any other contract between you and us, if you fail to pay any amount due under the Contract on the due date for payment, you becomes subject to any of the events listed in Clause 8.2(iii) to Clause 8.2(vi), or we reasonably believes that you are about to become subject to any of them.
8.6 On termination of the Contract:
i. you shall immediately pay to us all of our outstanding unpaid invoices and, in respect of Services and Goods supplied but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt;
ii. you shall return all of our Materials, Goods and any Deliverables which have not been fully paid for. If you fail to do so, then we may enter your premises and take possession of them. Until they have been returned, you shall be solely responsible for their safe keeping and will not use them for any purpose not connected with the Contract.
8.7 Termination or expiry of the Contract shall not affect any rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
8.8 Exercising your right to change your mind (Consumer Contracts Regulations 2013). By agreeing to these terms, you expressly agree to waive your legal right to change your mind within 14 days of ordering and receiving a refund under this contract (where the agreement was made at distance (online or via the telephone)). This will then allow us to commence work without having to wait for the 14 day period to expire.
8.9 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.
9. FORCE MAJEURE
9.1 Neither party shall be liable for failure to perform, nor be deemed to be in default, under this Agreement for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, acts of Governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquake, riot, insurrection, civil disturbance, sabotage, embargo, blockade, acts of war, accident, pandemics, epidemics, lightning damage, electromagnetic interference, radio interference, strikes, industrial dispute, power failure or any other cause beyond its reasonable control.
10. GENERAL
10.1 Assignment and other dealings
i. We may assign, licence or sub-contract all or any part of our rights or obligations under this Agreement without your consent.
ii. This Agreement is personal to you and you may not assign licence or sub-contract all or any of your rights or obligations under this Agreement without our prior written consent.
i. Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its principal place of business; or sent by email to the address specified in the Quote or Order.
ii. Any notice or other communication shall be deemed to have been received: if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service; or, if sent by fax or email, at 9.00 am on the next Business Day after transmission.
iii. This clause does not apply to the service of any proceedings or other documents in any legal
If any provision or part-provision of the Contract is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.
i. The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.
ii. Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.
iii. Nothing in this clause shall limit or exclude any liability for fraud.
The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
Except as set out in these Conditions, no variation of the Contract shall be effective unless it is agreed in writing and signed by the parties (or their authorised representatives).
The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
10.10 Jurisdiction
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
11. Complaints
11.1 If you have any enquiries please contact us using the contact details as set out in your quote. Any complaints should be sent in writing to our registered address or emailed to us. If you wish to report a defect or issue with the Work, you must do so by telephone or email within 24 hours of discovering the same. We will endeavour to respond to any complaints within 24 hours and our complaints policy is available on request.
12. Cancellation policy
B2C Customers
If you choose to cancel your booking, the following terms shall apply:
14 days or more – 100% deposit returned.
7 – 13 days – 75% deposit returned.
Less than 7 days – 50% deposit returned.
Less than 3 days – Zero deposit returned. Where we are subcontracting to you on a labour only basis, the agreed day rate is to be paid in full when giving less than 3 days’ notice of cancellation.
B2B Customers
If you book us to attend site, and then cancel us, the following terms shall apply:
14 days or more – No charge
7 – 13 days – 25% of man day rate associated with project
Less than 7 days – 50% of man day rate associated with project
Less
than 3 days – 100% of the man day rate associated with the project, plus reasonable expenses. This includes ‘on the day cancellations’
The management reserves the right to invoke these terms.
To cancel any appointment, booking or site visit, please do so in writing to admin@surefireeco.co.uk. If you have not received a confirmation reply within 24 hours, please call us on 03301335099 during the hours of 9am to 5pm, Monday to Thursday and 9am to 4pm on Fridays. Kindly note, are offices are closed on Saturdays, Sundays and public holidays. In all instances you will be required to fill in the proforma below. Please copy and past it into an email.
Standard Cancellation Form Pro Forma
I/We hereby give notice that I/we cancel my/our contract of sale for the following goods and/or for the supply of the following service. Description of order: ______________________________________________________________________________
Ordered on/received on: __________________________________________________________________________
Name of customer/s: ______________________________________________________________________________
Address of customer/s: ____________________________________________________________________________ Signature of customer/s (only required if notified on paper): ______________________________________________ Date: ________________________________
(Please email to us using the contact information on your quote).
Document Ends.