Standard Trading Terms & Conditions

1.                 Definitions

1.1.              “Customer” means any person, firm or company placing an order for services with Peter Hibbert.

1.2.              “Contractor” means Peter Hibbert 12a Craigton Crescent, Peterculter, Aberdeen, AB14 0SD;

1.3.              “Estimate” means a statement of work, quotation or other similar document describing the Services to be provided to the Customer.

1.4.              “Services” means the services specified in the Estimate.

1.5.              “Terms and Conditions” means the terms and conditions set out in this document.

2.                 General

2.1.              This Estimate is open for acceptance for a period of 30 days providing the works can be commenced within 90 days both periods from the date of Estimate and thereafter may be subject to revision or withdrawal.

2.2.              These Terms and Conditions shall apply to all contracts for the supply of Services to the Customer by the Contractor and shall prevail over any other documentation and/or communication from the Customer.

2.3.              Acceptance of the Estimate confirms acceptance of these Terms and Conditions.

2.4.              Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Customer may be entitled in relation to the Services, by virtue of any statute, law or regulation.

2.5.              Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by both parties.

3.                 Price and Payment

3.1.              Payment of each instalment shall become due to the Contractor on the date stated on the invoice and shall become payable 14 days thereafter.

3.2.              The Customer acknowledges that should any sums remaining unpaid at the expiry of 14 days from the invoice date then the Contractor may charge interest accruing daily at a rate of 8% per annum above Bank of Scotland base rate current at the time. 

3.3.              Any additional works that the Customer requires to be carried out whilst the Services are being executed will be charged at extra cost.  An indication of such cost will be given and the Customer’s agreement to same will be obtained before the additional works proceed.

3.4.              In some incidents, the Contractor will require a deposit this is usually where materials are higher than or match labour costs, where the Estimate required a deposit this needs to be paid before any Services are commenced.

3.5.              Ownership of any materials supplied, whether fixed or unfixed, shall not pass to the Customer until payment in full has been received for said materials.  The Contractor reserves the right to take whatever legal action may be necessary to secure payment for the Services carried out and materials supplied either fixed or unfixed.

3.6.              The Customer may not cancel the contract without the Contractors consent, which if given shall be on the express condition that the Customer shall indemnify the Contractor against all loss, damage claims or action arising out of such cancellation unless otherwise agreed in writing.

4.                 Expenses

4.1.              The Estimate does not include for any parking fees levied in Controlled Parking Zones (CPZ’s).  Any such fees incurred will be passed onto the Customer at cost.

5.                 Obligations

5.1.              All dates or times given for the start of or duration of the Services are given in good faith and are estimates only based on the information gained during the survey and our current workload commitments and shall not be the essence of the contract.  These times may be varied due to unforeseen circumstances i.e. emergency call-outs, breakdowns, etc. or to circumstances beyond our control. No liability will be accepted if it is not possible to meet Customers timescales.

5.2.              Unless specified the Services will be carried out in one continuous visit.  Extra visits at the request of the Customer or caused by circumstances beyond our control will be subject to a surcharge and may affect the completion date.

5.3.              It has been assumed that unrestricted access to all relevant parts of the property will be afforded to the Contractor during the course of the Services.  Any delays caused by restricted access not notified at the time of survey may be subject to an extra charge and/or delay in completion.

5.4.              The Estimate is based on a non-intrusive survey of the property and, as such, it is assumed that:

5.4.1. any existing systems that the Contractor connects to are in good condition and in working order; and

5.4.2. all flooring and walls are in good condition and free from any defects;

should the Contractor find, during the course of the works, any faults with the existing systems and any faults (including but not limited to rot and damp) in relation to flooring and walls, it reserves the right to make a charge for correcting same.  Any delays that may be caused to the Contractors progress by any faults with the existing systems, flooring and walls may be subject to an extra charge and/or delay in completion.

5.5.              The Customer shall provide if possible any site plans showing pipe locations, if this is not available the Contractor reserves the right to render additional charges if necessary to trace unidentified pipes to complete the Services.

5.6.              The Customer shall obtain permission for the Contractor to proceed over property belonging to third parties if it is necessary for the proper execution of the Services and shall obtain any permission necessary to carry out work on property belonging to third parties. The Customer shall indemnify the Contractor against all claims of whatsoever nature made by third parties and arising out of its presence on their property save when such claims result directly from negligence on the Contractors behalf.

5.7.              If, during the execution of the proposed Services it is necessary to gain access into floors below fitted carpets, these will be lifted by the Contractor and laid back on completion.  No re-stretching or fixing has been allowed for unless specified.  For floors covered with thermoplastic tiles, vinyl sheet covering, cork tiles or laminate flooring, no allowance has been made for reinstatement unless specified.

5.8.              Dismantling, clearing and re-instatement of any fitted cupboards, etc. to permit the proposed works to proceed will be charged at extra cost unless specified.

5.9.              During the execution of the proposed Services, it may be necessary to isolate various water, gas & electrical services.  This will be advised in good time and the period of isolation will be as short as possible.

5.10.            Prior to commencement of Services involving gas appliances, the existing gas supply will be subject to a soundness test to check for compliance with Gas Safety Regulations.  Any faults found will be advised to the Customer and any rectification works required may be subject to additional charges.

5.11.            The price specified in the Estimate does not include for the removal of any dangerous waste materials such as asbestos found when carrying out the works.  This will be subject to an extra charge and may cause delay in completion.

5.12.            Whilst certain items may be specified by name or model, the Contractor reserves the right to supply goods of a different manufacture providing they shall be suitable for the purpose intended.

6.                 Liability

6.1.              Whilst all reasonable care will be taken during the execution of the Services, no responsibility can be accepted for any faults or failures that may occur to existing pipework, fittings, equipment, etc. due to disturbance caused by the proposed works.

6.2.              Should the Customer fail to mention any relevant facts relating to the existing installation the Contractor reserves the right to make a charge for correcting same.

6.3.              No allowance has been made for casing in of pipework or painting/decorating.

6.4.              No allowance has been made for out-of-hours working unless specified or to suit our own requirements.

6.5.              Whilst all holes formed during the execution of the Services will be made good on completion, no allowance has been made for re-instatement of decorations. We do not guarantee to match existing brickwork where boiler flue terminals have been removed.

6.6.              Where other trades are involved in the Services and these trades are not under our control any delays that may be caused to our progress by these trades may be subject to an extra charge and/or delay in completion.

6.7.              Should the works include a new pressurised appliance being connected to an existing heating or water system, the Customer should be aware that the higher pressures used by this type of appliance may find weaknesses in the existing system.  Any repairs required in this respect are not included in the Estimate. 

6.8.              Should the works include a power flush of the existing heating system, it must be pointed out that, whilst this treatment is generally harmless, depending on the condition of the existing components the process may find weaknesses in the system.  Should any such problems be encountered then any rectification works required may be charged at extra cost.

6.9.              Any faults found with items or materials supplied by the Customer or others for our fixing will be pointed out to the Customer and its will be the Customers responsibility to obtain replacement items.  Any delays caused by faulty or damaged items may be chargeable and may result in us withdrawing from site and may affect the completion date of the Services.

6.10.            It shall be the responsibility of the Customer for the removal of any and all waste produced. This includes rubble, redundant pipes and packaging of materials the Contractor supplied. If the Customer wants the Contractor to remove said waste this may be charged at extra cost.

6.11.            It is the responsibility of the Customer to ensure that all children and pets are kept away from the areas in which the Contractor is working.

6.12.            The Customer shall inspect the Services as far as is reasonably possible immediately on completion of it and shall within 7 days give written notice to the Contractor detailing any grounds on which the Customer alleges that the Services are not in accordance with the contract. If the Customer fails to give such notice the work shall conclusively be presumed free from any defects which would be apparent on reasonable examination of the Services.

7.                 Guarantees

7.1.              The works described in the Estimate will be guaranteed for a period of twelve months from date of completion against faulty design and workmanship.  The materials supplied will be subject to the suppliers/manufacturers guarantees.  The Customer’s statutory right in law are not affected by this guarantee.  This guarantee does not extend to existing, installed equipment, pipework or fittings.

7.2.              The guarantee shall not apply to defects resulting from misuse or faulty workmanship by the Customer, its employees, sub-contractors or any other third party working for or on the direction of the Customer. The Contractor only guarantees the work that it undertakes, this means only the parts it replaced on an appliance and not the whole appliance or existing pipework, fittings or appliances that have failed when its Services were carried out reasonably carefully and properly.

8.                 Governing Law

8.1.              These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish Courts.