Terms & Conditions
Ayres & Sons Limited General Terms & Conditions
In these terms and conditions the following words and expressions have the meanings set out opposite:
“Company” Ayres & Sons Limited (Company No: 09610369 England ) having its registered office at 60 High Street, New Malden, Surrey, KT3 4EZ
“Customer” the person or persons whose details are set out in the order form or contract front sheet “Services” the services agreed to be provided by the Company
“Goods” means all goods, parts and materials provided by the Company to the Customer under this contract.
The Contract, comprises the order form, these terms and conditions and the Company’s prevailing price list. No other terms, representations, information or advice given orally or in writing is of effect unless referred to in the order form.
Hours of work & property
The work will be carried out during our normal working hours Monday to Friday unless otherwise stated. Those hours are 1000hrs – 1730hrs
Every care will be taken during working, but the company’s services do not include :-
Removing or renewing carpets, floor coverings, coverings, wall coverings, walls, other surfaces, doorways and surrounds, mantle pieces, hearths, fire surrounds, decorative items, ornaments, pictures, electrical goods, and any other fixtures, fittings, contents or other items whatsoever, within or without, the property to be worked in. This is the customers responsibility.
Lifting of floor coverings & relaying tongued & grooved flooring, Ayres & Sons Limited, cannot accept responsibility. We are not responsible for decoration where appliances have been removed, or boxing in of pipes.
4.1 The Company will carry out the services with all due care and skill.
4.2 The Company shall at its option replace, repair or refund the Price of any goods or services supplied where it is proved to the Company’s reasonable satisfaction that these are defective, provided that:
a) the defect is notified to the Company within 20 working days of the delivery or installation of goods or services;
b) the Customer allows the Company to inspect the alleged defect within 20 working days of the report of the alleged defect;
c) the Customer has paid the Price in full;
d) no unauthorised repairs, alterations or additions have been made to the goods;
e) the defect arises solely from the Company’s design, work or materials.
4.3 The Company shall indemnify the Customer:
a) against liability for personal injury or death directly attributable to the negligence of the Company; and b) subject to clause 4.4 against physical damage caused to the Customer’s property directly arising from the negligence of the Company in connection with the supply of Goods.
4.4 The Company shall not be liable to the Customer:
a) for loss of profits or other consequential loss resulting from any alleged breach;
4.5 The Customer acknowledges that the price of the goods and services reflects the limitations set out in clause 4.4.
4.6 No employee or director of the Company shall be liable personally to the Customer in any circumstances.
Overtime – out of hours (not included within maintenance covers):
All our prices above apply to normal working hours from 10:00am to 17:30pm Monday to Friday and excluding Bank Holidays and Weekends. Work at other times will be undertaken, but will be subject to overtime charges at the prevailing rates set by the Company from time to time.
Gas Safety Inspections
We will carry out a Landlord/Homeowner Gas Safety Check and provide the customer with two copies of the written and signed Landlord/Homeowner Gas Safety Record. A Gas Safety Check is as defined in the Gas Safety (Installation and Use) Regulations 1998. Landlords, Letting Agents and Homeowners should be aware that a Gas Safety Check is not the same as having an appliance serviced.
We will service domestic gas appliances in residential property. We will follow, where possible, the manufacturer’s user, installation and servicing instructions and we require customers to provide us with copies of these instructions before undertaking any work. In the absence of manufacturer’s instructions the customer may be asked to obtain a copy of the instructions from the manufacturer and we may charge the customer £10.00 for so doing, and/or call the manufacturer’s telephone helpline to obtain the data required and may charge the customer £5.00 for so doing.
The cost of servicing an appliance that is in full working order and is capable of passing all aspects of a Landlord/Homeowner Gas Safety Check as defined in the Gas Safety (Installation and Use) Regulations 1998. If an appliance is found not to be in full working order upon arrival at the customer’s property, the visit will be treated as an On Demand Call Out and charged accordingly.
On Demand Call Outs & Repairs
We will call out on demand to breakdowns and repairs of domestic gas appliances.
The company will endeavour to repair the fault 1st time, but where we are called back to a repair, we reserve the right to charge for a re-visit, we will charge subsequent time at additional hourly rates plus further materials.
If any parts/materials/consumables are required during the service/breakdown these will be charged for at the prevailing retail price in addition to service or on demand call out charge. This is exclusive to maintenance covers that do not cover parts and/or labour.
Obtaining Spare Parts and Consumables
During the course of the work that we undertake for a customer, it may become apparent that spare parts are
required to affect a repair. Where possible we will use spare parts from our service vehicle. However, if we are required to travel to a local supplier to obtain the parts we will charge the customer for the time taken to travel to and from the supplier at the prevailing hourly rate unless included in their Maintenance Cover package. This charge will only be used if the parts are not available on the vehicle and the customer/Landlord insists on completion of the job same day providing the parts are in stock.
When ever possible, replacement parts or components will be the same or of the same level as the parts being replaced. Although no responsibility can be taken for any delays in the provision of components or parts by suppliers.
Additional costs incurred in postage or delivery of parts will be passed on to the customer.
New spare parts used are guaranteed for one year from the date of fitting. New products covered by Manufacturers individual warranties, Warranty for 12 months against faulty installation.
Estimates & Quotation
The customer will have 21 days from the date of any estimate/quotation within which to accept. The price quoted/estimated will be held for 42 days from day of acceptance to allow for completion of work. Should the customer need to extend this period then it may be necessary to re-quote for this work.
Gas Leaks and Escapes
We will call out to gas escapes on domestic properties; this work includes locating the escape and repairing the problem and is charged at the normal call out rates rate. Emergencies ring Transco.0800 111 999
Due to the increase in zone and residential parking etc, customers must provide reasonable parking or have made provisions to park our vehicle, any parking charges incurred will be passed on to the customer.
Where power flushing of a central heating is deemed necessary, the customer accepts responsibility for the possibility that a system (including radiators) that has already been damaged by corrosion may in some limited cases be further damaged by the power flushing process itself. We take every possible precaution to prevent such damage, however, if a radiator for example already has severe internal corrosion, power flushing may result in pin hole leakage from the radiator due to the increased pressure associated with the flushing process.
Decoration / Accessibility
If boiler, controls, pumps and associated controls etc, cannot be accessed safely, or is impossible or impractical to maintain because of its position, decoration, flooring & panelling etc. Then provisions and accessibility must be provided by the Owner / Landlord./Customer
Quality & Customer Satisfaction
Periodically work will be checked, customers will be surveyed and visited to ensure satisfaction and quality. We are always looking to improve our products and service.
Value Added Tax:
All our prices are exclusive of VAT.
The price shall be determined by the engineer attending the Customer in accordance with the Company’s current price list. Or the price shall be determined by the estimate supplied to the Customer by the Company providing that all Products, Materials and Services outlined in the estimate have been supplied. The Company will charge separately for any additional Products, Materials or Services supplied to the Customer, which are not detailed on the estimate.
Charges and Interest:
Payment of the Price shall be due at the time of the work being completed unless authorised in writing by an employee of the Company wherein the Price will be due on the date of the Company’s invoice.
The Company reserves the right to charge an administration fee on overdue invoices to cover administration and collection of the debt. The administration fee will be of £50.00 and 15% per annum interest of the original invoice date to date of payment. The Customer shall pay all accounts in full and not exercise any rights of set -off or counter claim against invoices submitted by the Company.
For Landlords, payment of invoices is due 30 days from the date of our invoice and should be paid by immediate return using BACS Transfer or a cheque made payable to Ayres & Sons Limited. This payment is required irrespective of whether a Landlord/Homeowner Gas Safety Record has been issued with all gas appliances or the gas installation safe to use. Landlord/Homeowner Gas Safety Records will not be signed and issued until full payment has been received. We may ask you to pay the price of the Gas Safety Inspection & Service or Appliance Service or On Demand Call Out in advance and before we complete our work. We will then ask you to pay the balance of any additional Remedial Work before we issue a certificate. We reserve the right to revoke any certification should satisfactory payment not be received.
For Letting Agents We reserve the right to revoke any certification should satisfactory payment not be received. Our Contract for payment is with the Letting Agent concerned and not with any client of the Letting Agent. Our payment terms exist irrespective of whether there is money available in the accounts of the clients of the Letting Agent.
Retention of Title
Title to all Goods supplied by the Company is retained by the Company until payment in full for the price of all Goods and Services supplied by the Company to the Customer.
The Company may at any time, if payment is overdue enter the Customer’s premises for the purpose of recovery of the Goods and all costs and expenses reasonably incurred by the Company in connection with that recovery shall be paid by the Customer.
To the extent that Goods have been incorporated into other goods owned by the Customer or some third party, the product becomes or shall be deemed to be owned in common with that other person.
Intellectual Property Rights
All copyright, patents, trade secrets and other proprietary and intellectual property rights in the Goods remain at all times vested in the Company
The Company has the right to terminate the Contract with immediate effect if:
the Customer defaults in payment on its due date of any sum due under this agreement or commits any continuing or serious breach of this Contract; or
any of the following events occurs:
on termination of this Contract for any reason:
Distress or execution is levied against any of the Customer’s assets and is not paid or discharged within
seven days; or a judgment against the Customer remains unsatisfied for more than seven days; or a
receiver is appointed with respect to any of the Customer’s assets; or
§ a petition is presented for the winding up to be made in relation to the Customer, or a resolution
passed for the winding up of the Customer; or
§ the Customer is declared bankrupt; or
§ the Customer suspends or threatens to suspend payment of its debts or is deemed unable to pay its
debts for the purposes of section 123 Insolvency Act 1986; or ceases or threatens to cease to carry on
its business or any material part as a going concern;
§ the Company shall be discharged from any further liability to perform under this Contract;
§ the Customer shall pay the Company on demand for all work performed by the Company for the
Customer prior to termination; and
§ the Company is granted an irrevocable licence to enter the Customer’s premises to recover any Goods
or other materials on the Customer’s property.
The Company shall not be liable in any way for any failure to perform its obligations or for loss damage or delay incurred by the Customer resulting from any circumstances beyond the Company’s reasonable control.
This Contract is in all respects governed by English law.