1.1 These Conditions are personal to the Customer and may not be assigned without the prior consent of the Company. They shall apply to all contracts for the sale of goods and/or the supply of services by H&K (the Company) to you or your nominated representative (the Customer) to the exclusion of all other terms and in any order or request for the supply of goods and/or services made by the Customer.
1.2 No variation of these conditions shall be binding unless agreed in writing and signed by the Company’s authorised representative. This document contains the entire terms and conditions of the agreement between us unless otherwise stated in writing.
1.3 For the purposes of the calculation of time periods set out in this agreement, time shall run from the date on which goods and/or services are supplied and/or delivered.
1.4 As part of the provision of services, the Company may engage the services of an independent contractor. Other than in relation to the delivery of goods, the identity of the contractor will be notified to the Customer by the Company.
1.5 It is understood by the Customer that the Company operates a Normal Work Hours Emergency Call Out and Breakdown service and at times may be unavailable to carry out the Customer’s work. In the event of this happening the time off site will be kept to a minimum but priority will always be given to the elderly and infirm.
1.6 Any agreed start dates are not guaranteed and may change before work commences. The Company will attempt to give reasonable notice of any change to the start date but may be unable to in respect of 1.5
1.7 End dates and time taken are estimated and not guaranteed. It is understood by the Customer that work may not be carried out on consecutive days or hours. For example; if the nature of the work requires that products dry or set before further work can commence or if something is required to be completed by somebody else not within control of the Company.
1.8 For the purposes of 1.5, 1.6 and 1.7 normal working hours are 8.00am to 4.00pm Monday, Tuesday and Thursday; 8.00am to 2.00pm Wednesday and Friday and exclusively do not include Weekends or Bank Holidays.
1.9 Work time includes travelling time to and from the Company’s registered address and also includes the collection of supplies and goods from our suppliers either before arriving on site, during being on site or after leaving site.2. ESTIMATES, QUOTES AND ADDITIONAL WORK
2.1 Any Estimate given is not a contract for services. The Estimate given is for completing the work as described on the Estimate. It is based on our evaluation and does not include material price increases or additional labour and materials which may be required should unforeseen problems arise after the work has started. In such circumstances a separate Estimate will be provided.
2.2 Any Estimate given may be indicated as a fixed price. In this case the price given will not exceed the stated value notwithstanding 2.3.
2.3 If any additional work is required after work has commenced then the Customer will be informed by any method detailed in clause 13.1. Where Contact is not possible and the additional work is of Dangerous or Life Threatening nature or that will cause Damage to the Building or its Contents the minimum amount of work required to make ‘safe’ will be carried out and charged accordingly as pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. If the additional work is of a nature that will hold up the current work schedule then an attempt will be made to contact the Customer by any method detailed in clause 13.1. If Contact is successful an Estimated price will be given at time of Contact which may require that Verbal Consent is given to carry out the additional work and subsequently waive the right to cancel the Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. In normal circumstances an additional Estimate will be issued. If Contact cannot be made and work has to stop then the Company reserves the right to charge for lost hours.
2.4 On acceptance of an Estimate we will agree a start date and where applicable an end date which will be detailed on the Contract that will be issued to you. Where this Estimate is for additional work and work hasn’t commenced then it will contain the contents of the original Estimate where applicable and this new Estimate shall take precedence over any previous estimate. Where this new Estimate is for additional work to accompany the current project and work has commenced its acceptance will be binding and form part of the Contract and you will waive your right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel.3. PRICE
3.1 All prices quoted are valid for 30 days only or until earlier acceptance by the Customer after which time they may be altered by the Company giving notice to the Customer. The Company reserves the right, by giving notice to the Customer at any time before delivery, to increase the price of the Goods or Services to reflect an increase of the costs to the Company which is due to any factor beyond the control of the Company. Upon receipt of any notice of increase in price, the Customer shall notify the Company of any intention not to continue to purchase the goods or services in writing prior to delivery/commencement. In the absence of such notification by the Customer, goods/services delivered by the Company are deemed to be accepted by the Customer at the price shown on the estimate/invoice. In the case of long term contracts prices may change and the Company reserves the right to charge amended prices accordingly after giving the Customer notice.
3.2 All prices quoted by the Company are inclusive of Value Added Tax unless otherwise stated.
4.1 Unless the Company has agreed other terms with the Customer, which will be detailed on the invoice (where applicable); all goods/services must be paid for in full and without deduction upon completion or delivery of the goods/services.
4.2 Deposits and Stage Payments must be paid in accordance with 4.1
4.3 The Customer may not withhold payment of any invoice or other amount that may be due to the Company by reason of any right of set off or counterclaim, which the Customer may have, or believe they have, or for any other reason.
4.4 The Company reserves the right to charge interest on the amount unpaid after seven days from the date that the goods/services became payable at a rate of 4% per annum above [Lloyds TSB Bank Plc] base rate, or the rate specified in the Late Payment of Commercial Debts (Interest Act) 1998 whichever shall be the higher or claim reasonable compensation for debt recovery costs as specified in the Late Payment of Commercial Debts Regulations 2002. The Company specifically reserves the right to charge an administration charge on each occasion a Customer payment is returned by its bank unpaid.
4.5 The Company reserves the right at its discretion to refer unpaid amounts to the County Court or to employ the services of a Debt Collection Agency and to charge such costs to the Customer.
5.1 Under the terms of Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have the right to Cancel the Contract within FOURTEEN days of Acceptance unless you request that the Commencement of the Contract shall be within FOURTEEN days of Acceptance upon which you will waive your rights under the regulations.
6.1 Goods supplied by the Company shall be held at the Customer’s risk immediately on delivery to the Customer or into custody on the Customer’s behalf and the Customer should therefore be insured accordingly. Property in goods supplied hereunder will pass to the Customer when they have been paid for in full and shall not pass upon delivery or collection. Until payment in full has been received by the Company, the Customer shall hold the goods in a fiduciary capacity for the Company in a manner which enables them to be identified as the goods of the Company and the Customer shall immediately return the Goods to the Company on request.
6.2 The Customer’s right to possession of the goods shall cease in the event of the Customer becoming insolvent or bankrupt or the subject of Administration, or if circumstances arise which would entitle any person to petition for the Customer’s winding up or bankruptcy, or if any Statutory Demand is served upon the Customer, or if the Customer makes any arrangement with its creditors which is in the alternative to being made insolvent or bankrupt.
6.3 The Customer grants the Company an irrevocable licence to enter at any time any vehicles or premises owned or occupied by the Customer or in its possession for the purpose of repossession and removing any such Goods the property in which has remained in the Company under paragraph 6.1 hereof. The Company shall not be responsible for and the Customer will indemnify the Company against liability in respect of damage caused to such vehicles or premises in such repossession and removal being damage it was not reasonably practicable to avoid.
6.4 The Customer must ensure that if the Goods are or become affixed to any land or building they shall be capable of being removed without material injury to such land or building and to take all the necessary steps to prevent title to the Goods from passing to the landlord of such land or building. The Customer warrants to report and make good any damage caused by the affixation of the Goods to or their removal from any land or building and to indemnify the Company against all loss damage or liability it may incur or sustain as a result of such affixation or removal.
7.1 Unless otherwise stipulated in writing delivery of the goods shall be made by the Company or Company’s delivery agent(s). Any dates quoted for delivery of the goods are approximate only and the Company shall not be liable for any delay in delivery. The time for delivery shall not be of the essence of this agreement. The Company may deliver the Goods in instalments. In these circumstances each delivery shall constitute a separate contract and failure by the Company to deliver anyone or more of the instalments in accordance with these conditions or any claim by the Customer in respect of anyone or more instalments shall not entitle the Customer to treat the contract as a whole as repudiated. The Company’s liability (if any) for late or non-delivery of goods shall be limited to the price of those goods not delivered. The Company will not be liable to any claim for consequential loss or damages in these circumstances.
7.2 If goods are delivered to the Customer or to a location at the direction of the Customer by the Company’s delivery agent(s), the Customer will ensure that the delivery note which accompanies the goods will be signed by the Customer or a representative of the Customer authorised to sign for and on behalf of the Customer. Failure to sign a delivery note on delivery may result in the Company or the Company’s delivery agent(s) declining to deliver the goods in which case clause 7.3 herein shall apply.
7.3 If the Customer does not take or accept delivery of the goods or gives inadequate delivery instructions (other than for reasons beyond the Customer’s control) or does not sign or have signed the delivery note on delivery then the Company may store the goods until actual delivery and claim the reasonable charges (including insurance) or sell the goods at the best price readily obtainable and charge for any shortfall below the price under the contract.
7.4 If the Company has agreed to deliver the goods to the Customer’s premises or place of operations then the Customer is responsible for providing a safe means of access from the public highway to the place of delivery. If the Company’s elected delivery driver consider that access is unsafe then the Company will not deliver until safe access is provided. If the Company is unable to deliver the goods due to there being no safe means of access then it may store or sell them and charge the Customer in accordance with this clause 7.3 of this Agreement.
7.5 For so long as the retention of title clause applies to the goods, the Customer shall store and keep the goods properly and in accordance with instructions of the manufacturer and shall in any event keep all goods in a dry place, stored in accordance with the manufacturer s instructions, raised from the ground and properly protected from the weather and kept separate and distinct from the goods and products of any other supplier.
7.6 Where Goods are supplied by the Customer for installation by the Company the Company shall not be responsible for their suitability and specification for the required installation and any Damage or Missing Items from supplied Goods will be the responsibility of the Customer to liaise with the Customer s supplier to rectify.
7.7 The removal of Rubbish, Packaging Materials, Removed Items and Appliances unless otherwise agreed shall be the responsibility of the Customer.
7.8 Any Making Good including but not limited to Redecoration and Blocking Up of Holes unless otherwise agreed shall be the responsibility of the Customer.
8.1 The Customer shall inspect the goods on delivery and shall within five working days notify the Company in writing of any alleged defect, shortage in quantity, damage or failure to comply with description or sample (save where such defect is not reasonably apparent from an initial inspection). Insofar as is reasonably practicable, inspection of the goods shall be undertaken without the removal of delivery packaging. If the Customer fails to comply with these provisions the goods shall be presumed to be in accordance with the contract and free from any defect or damage which will be apparent on a reasonable inspection of the goods and the Customer shall be deemed to have accepted them. A variation to this may be required when Goods are Delivered by the Company s delivery agent(s) who may request that damages are reported to them even if removal of packaging materials is required.
8.2 The Customer must insure against any costs claims or demands arising from the Customer’s obligation to any third party and due indirectly or directly to any defects or delays in the Goods or materials supplied or work done by the Company, and will indemnify the Company in respect thereof. Goods manufactured to the design or specification of the Customer are produced without warranty of any kind except their compliance with the design or specification.
8.3 The Customer will fully indemnify the Company in respect of any claim costs or expenses losses or demands resulting there from including the infringement of any intellectual property rights resulting from the Company’s use of the said design or specification. Any design and advisory services (including the preparation of drawings specifications and contract particulars) shall be provided by the Company with reasonable skill and care but no other representation or undertakings are made or can be implied in connection therewith.
9.1 Subject to clause 8 hereof the Company warrants the goods against defects in materials and services provided directly by the Company for a period in accordance with manufacturer warranty terms of the goods. The Company’s obligations under warranty are limited to repair or replacement on an exchange basis. Where a manufacturer s Warranty is in place and the manufacturer provides an onsite warranty repair service the Company reserves the right not to attend or attempt repair of the goods. The Company offers a warranty on labour services that it has supplied for a period of twelve months from the date of completion of the work. Where the Company has engaged the services of a Sub Contractor the Company will liaise with the Sub Contractor on the Customer’s behalf but may request that the Customer and Sub Contractor liaise with each other to make arrangements.
9.2 Any goods are supplied on the basis that they conform to the written descriptions contained on the order or confirmation where supplied. Pictures and drawings in any supplied catalogues or viewed via the internet are for illustrative purposes only.
9.3 The Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failing to follow the instructions, misuse or alteration or repair of the goods, failing to store the goods in appropriate conditions or any breaches of the provisions of 6.4 hereof.
9.4 For the period of this warranty, the Customer agrees to store and keep the goods properly and in accordance with instructions of the manufacturer and follow manufacturers usage and operating instructions.
9.5 To avoid doubt the Company will only register Notifiable Work for Building Control Compliance Certificates for the following work:
9.5.1 Domestic Central Heating Boilers fuelled by Natural Gas or Liquid Petroleum Gas (LPG)
9.5.2 Domestic Cookers fuelled by Natural Gas or Liquid Petroleum Gas (LPG)
9.5.3 Domestic Fires fuelled by Natural Gas or Liquid Petroleum Gas (LPG)
9.5.4 Domestic Range Cookers fuelled by Natural Gas or Liquid Petroleum Gas (LPG)
9.5.5 Domestic Water Heaters fuelled by Natural Gas or Liquid Petroleum Gas (LPG)
9.5.6 Flue Liners
9.6 All other Permissions/Approvals not mentioned in Clause 9.5 shall remain the responsibility of the Customer.
9.7 Where Certificates are issued by a third party after Notification by the Company, the Customer shall not withhold payment in part or full in the absence of the Certificate.
10.1 The Company’s liability to the Customer for death or injury resulting from its own negligence or that of its employees’ shall be limited to the amount for which the Company has insurance cover under which a claim can be made in the sum of 2,000,000. The Company shall accept liability to the Customer in respect of damage to the tangible property of the Customer other than the goods themselves resulting from the negligence of the Company or its employees limited to the amount for which the Company has insurance cover under which a claim can be made in the sum of 2,000,000. The Company’s liability in the tort of negligence in respect of the goods themselves shall be limited to the price of the goods and no liability shall be accepted for any consequential loss or damage. The Company does not accept liability for the acts and/or omissions of any independent contractor engaged by the Company.
11.1 If the Customer shall fail to perform any of its contractual obligations hereunder; fail to make payment on a due date for payment; commit any act of bankruptcy or a receiver is appointed over its business undertaking or assets or has entered into liquidation whether compulsory or voluntary (save for the purpose of amalgamation or reconstruction of a solvent limited company). If the Company has any reason to have serious doubts as to the Customer’s solvency then the Company shall be entitled without notice and without prejudice to its other remedies in the Conditions to suspend or cancel the further performance of this Contract and if the Goods / Services (in part or whole) have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
12.1 The Customer shall not disclose to any third party the pricing policy or structure employed by the Company and in particular shall not disclose any information relating to any discount or promotional offer by the Company without having obtained prior written approval from the Company. Breach of this clause shall entitle the Company to damages equivalent to the discount received by the Customer during the course of trading.
13.1 The Customer agrees to accept service of notices and communication from the Company, to include, without limitation, product and offer notifications, accounts and payment notifications and reminders and will accept formal service to include for the avoidance of doubt, post (including By Hand) by any class and recorded delivery, e-mail, telephone call and text message.
13.2 The Customer must inform the Company by means of post (including By Hand) by any class and recorded delivery, e-mail or text message in writing of any change of name, or contact details contained within the Contract.
14.1 Mr Neil Hooper
14.2 Mr Mark Kemp
15.1 This Contract is subject to the laws of England and Wales and all disputes arising out of this Contract, subject to exclusive jurisdiction of the courts of England and Wales except where this agreement is made in Scotland in which case it will be subject to the jurisdiction of the courts of Scotland.
A copy of our Current Terms and Conditions can be viewed at and supersede any other copies.
Ver 1.1 H&K 4th June 2016