B.T.U. (HEATING) LIMITED

TRADING CONDITIONS

1. In these Conditions “the Company” shall mean ‘B.T.U. (Heating) Ltd’. 

2. PERIOD OF TENDER

This tender is conditional upon acceptance within fourteen days of the date here on or such longer period as may  be agreed in writing.

3. ADDITIONAL WORKS, VARIATIONS AND REPLACEMENTS

(i) Any additional works (not being the subject of a separate tender), day works or work done outside normal working hours will be charged at the rates normally charged for such work by the company at the time the work is done.
(ii) Any replacements required and the labour involved fixing the sale will be the subject of a separate extra charge.
(iii) Any additional calls made by our engineer other than the regular maintenance visits will also be charged as an extra.

4. TERMS OF PAYMENT

Payment of all accounts is required on presentation of Invoice/Interim Application, terms strictly nett.  The Company reserves the right to refuse to carry out further work if an account is not settled in accordance with this condition.

5. PAYMENT

Payment shall be made as follows:

Either
(a) Through an approved Finance Company or similar organisation.
OR
(b) Unless otherwise required by us – 50% of the price stated in our tender when the bulk of the material is on site: the balance (subject to variations) on presentation of interim applications and final invoice.

6. PRICE FLUCTUATION

This tender is based on the market prices and rates of materials, labour, sub-contracts and transport ruling at the date of tender. We reserve the right to amend the tender price and rates to meet any variations in these prices and rates due to legalisation, Government Orders, Regulation of Directions, changes in the National Agreements covering wages and  conditions in the industry or any other cause beyond our control occurring between the date of the tender and the completion of the work.

7. MATERIALS

The property in unfixed materials shall not pass until all materials shall have  been paid for in full.  All materials on the site fixed or unfixed are at the sole  risk of the Customer and in the event of any of the same being damaged,  destroyed or stolen the Company shall be entitled to full payments therefore  and also for any damaged, destroyed or lost, and the cost or replacing any such  materials and of reinstating or restoring any such work shall be charged as an  extra under clause 3, provided that the customer shall not be responsible for  any loss occasioned solely by the negligence of the Company or its employee.

8. FIRE RISK EXEMPTION

Not withstanding anything contained in clause 6 hereof the Customer shall be solely responsible for all loss or damage to the contract works arising from  fire howsoever caused including unfixed materials on site for the purpose of  carrying out the contract works and shall indemnity the Company against  such loss or damage.

9. GUARANTEE

 In place of any other conditions or warranties whether imposed by  Statute or implied by Common Law, the Company undertakes as follows:  To repair or if necessary, replace free of charge any materials or work  admitted by the suppliers or manufacturers to be defective if the defect is due to faulty manufacture or bad workmanship and is brought to our  attention within six months of the completion of the work provided nevertheless that:

(a) The Company accepts no responsibility for any drawing, design or specification not prepared by it and the submission of this tender does not constitute any warranty, guarantee, Representation or opinion of the practicability of construction or of the efficiency, safety or otherwise of materials to be supplied or work to be executed by the Company in accordance therewith and the cost of any additional work caused by defects in any such drawings, designs or specifications shall be chargeable as an extra under Clause 3 hereof:

(b) We will not guarantee any part of an existing installation connected to our new work;
(c) The Company shall not be liable for any consequential loss or damage caused directly or indirectly by any defect or otherwise howsoever;
(d) The Company shall not be liable for any loss or damage direct or indirect nor for any extra work entailed due to the apparatus being put into operation by the Customer or by the Company at his request before it is handed over for beneficial use;
(e) The labour and fittings costs and any other expenses involved in making and replacement will be charged to the Customer.
(f) In the event of the Customer requiring attention, the Company must be contacted at all times. Any costs incurred due to any works carried out by a Third Party shall be borne by the Customer.

10. DRAWINGS

Unless expressly stated drawings submitted with the tender shall not be binding as to detail. Drawings requested by Customer unless otherwise agreed, shall be chargeable.

11. ACCESS TO WORK

Our employees shall be allowed access for such working hours as we require between the hours of 8 a.m. and 6 p.m. on weekdays or at other times or days as may be necessary in connection with our work. We shall have the right to charge for any extra cost caused by failure of the customer or his agents to allow us access as aforesaid.

12. THIRD PARTY LIABILITY

The Company shall not be liable for any claims whether brought against the company or against it either under any Statute or at Common Law by any person arising from any cause other than our negligence or that our employees and Customers shall indemnify the Company against any such claim and the cost of any legal proceedings.

13. COMPLETION AND DELIVERY

The company will make every effort to complete work by the time stated but shall not be liable for delays due to strikes, lockouts or other causes beyond it's control.

14. The company accepts no responsibility for any fault in workmanship, design or material defect in work not carried out by the Company.

15. Any stipulations or conditions contained in a customer's order which conflict any of these conditions or in any way quality or negative the same shall not apply to any order placed with the Company unless expressly otherwise agreed in writing by the Company.

16. GENERAL

(a) The above conditions shall apply not only to this tender (if accepted) but to all orders subsequently placed with the Company by or behalf of the same customer in connection with the same work unless otherwise agreed in writing.
(b) Discounts - All quotations are strictly nett and do not provide for any discounts.
(c) Unless expressly stated, builders works, decorations, external services, electrical works and credit for redundant materials are excluded.

Last updated: 04-01-2010