1
We are independent contractors authorised to provide Dyno-Rod Services under a Licence Agreement with Dyno-Rod Ltd.
2
It is our intention that all the terms of the agreement between us (including details of the services and any goods and materials we are to provide) are contained in this document and where relevant the certificate of guarantee provided by us to you (the “Guarantee Certificate”) and any quotation or estimate given by us to you. If you do not accept any of the provisions included in these Terms and Conditions please let us know so that if agreed your changes can be included.
3 .
Fixed Price - if you have a standard blockage in a privately owned, non-shared household drain we will provide a Fixed Price to unblock the drain. The Fixed Price includes the labour for clearing a standard drain by rodding, machining and jetting. In the unlikely event that the drain cannot be cleared using these methods, then the engineer will provide a quotation for an additional charge to use specialist equipment designed to further investigate the problem and provide the most cost effective solution. We do not charge for call outs.
4
Price Estimate - Where we have given you an estimate of the price payable for the services, goods and/or materials we are to provide, we will do our best to complete the work and provide the services, goods and/or materials for the estimated amount. However, the price payable by you may exceed the Price Estimate, but we undertake only to increase the price by a reasonable amount which shall reflect the work done. Price Estimates given by us are valid for 28 days from the date they are given. However, we may withdraw any the Price Estimate at any time before it is accepted by you. We do not charge for call outs.
5
5.1
The price payable by you is the price stated as the Total Due overleaf, or where no price is stated, our current standard price for the services provided. Where no sum is included in respect of VAT the price stated overleaf shall be exclusive of VAT. We may increase the price payable by you to cover any increase in our costs in providing the services, goods and materials.
5.2
We will inform you in writing of any price increase made in accordance with clauses 3 and 4 in which case you may cancel the agreement between us if you do not accept the new price.
6
6.1
We shall invoice you for the work undertaken and/or any goods and materials supplied immediately after the work is done and the Total Due on the invoice shall be payable by you immediately. If you do not pay the Total Due immediately you must also pay us an administration charge of £5.
6.2
Where you do not pay us the Total Due within 15 days of the date of the invoice, in addition to the £5 administration charge set out in clause 6.1 above you must pay us interest on the outstanding amount at the prevailing rate plus 8% per annum or pro rata per month or part of a month thereof and this rate shall apply both before and after the issue of any legal proceedings we may take against you to recover any unpaid amount. You must pay us an administration charge of £10 in respect of each dishonoured cheque you give us.
7
7.1
Any date or dates included in our estimate or quote are estimated dates only and we shall not be in breach of this agreement for failing to start or finish work by any date given in our estimate or quote.
7.2
If we do not start or complete the work within five days of any date included in our estimate or quote you may nominate a date on which you want us to start the work or by which you want us to complete the work. If we have not started or competed the work by the date you have nominated you may cancel the agreement between us.
8.
Four hour response time applies in emergencies only and must be requested by the customer. An emergency is classified as an uncontrolled water leak, an environmental hazard or a blocked toilet (if there are no other available toilets on the premises). Four hour response is measured from the time of your call to us to report the problem.
9.
When we have completed the work and/or supplied goods and materials we shall invite you to inspect the work and/or the goods and/or materials and shall ask you to sign the invoice indicating receipt of those goods and materials and/or that the work has been done. Your signature on the invoice will not constitute acceptance of any work done or goods and/or materials supplied.
10.
We shall not be liable and accept no responsibility for unavoidable damage caused, or any unforeseeable loss you may suffer as a result of the work carried out, nor shall we be liable for any loss of any nature which is not caused by our negligence or our breach of the terms of the agreement between us.
11.
You must let us know of anything which you believe may present a hazard or danger to any person carrying out work before such work is started. You must also make sure that we have clear access to any relevant drains and covers and provide us with a supply of mains electricity and water. If we incur additional work or expense as a result of your failure to provide us with clear access, mains electricity and water, we may charge you a reasonable additional sum in respect of such additional work and/or expense.
12
12.1
In addition to your other legal rights we will usually either:
Guarantee our workmanship against defects for a period of 90 days and guarantee any goods and materials supplied by us against defects in design materials and workmanship for a period of 12 months unless one of the circumstances set out in clause 12.2 applies, in which case no guarantee will be given;
or
Guarantee our workmanship and any goods and materials supplied by us for an extended period as provided and subject to the terms of a separate certificate of guarantee which will be sent to you under separate cover. In order to make a claim you will need to produce a copy of the relevant Guarantee Certificate. If you are not given a separate certificate of guarantee then our 90 day guarantee shall apply unless one of the circumstances set out in clause 12.2 applies, in which case no guarantee will be given.
12.2
No guarantee will apply to our workmanship or goods and materials supplied by us where;
- after inspecting the site or the equipment on which you have asked us to work and after considering the work you have asked us to do we consider that we are unable to offer our guarantee in which case we shall inform you of our decision and indicate overleaf that no guarantee applies.
- faults are caused wholly or in part by your (or any other persons) misuse or neglect of those goods and/or materials or as a result of fair wear and tear or by any other reason beyond our control.
- where any goods and/or materials are installed or services are provided outside the United Kingdom, Northern Ireland and Eire.
- there is a change of use of the relevant system(s) or equipment after we have installed goods and/or materials.
- where you fail properly to maintain and repair goods and/or materials or the system or equipment in or on which they are installed.
- in the event that any repair and/or maintenance is undertaken at any time during the period of guarantee by a person other than a contractor appointed by Dyno-Rod plc.
13.
Neither we nor you shall be liable for any breach of our respective obligations under the agreement between us where either of us is unable to perform those obligations because of a reason beyond our control.
14.
You will be liable for any losses or damages (including damage to our equipment) which we suffer as a result of either your negligence or your failure to observe any of your obligations under the agreement between us.
15.
Nothing in these Terms and Conditions shall reduce your statutory rights relating to workmanship and to faulty or misdescribed goods or those relating to our ownership of goods and materials supplied by us to you.
16.
Dyno-Group may check your details with one or more licensed credit-reference and fraud-prevention agencies. Dyno-Group and they may keep a record of this search and the payment details from your account, and share it with other organisations. If a person provides false or inaccurate information and we suspect fraud, this is also recorded. This information may be used by Dyno-Group, and other organisations may search these records to:
- help make decisions about credit and credit related services for you and members of your household
- help make decisions on motor, household, credit, life and other insurance proposals and insurance claims for you and members of your household.
- trace debtors, recover debt, prevent fraud and manage your accounts or insurance policies;
- check your identity to prevent money laundering, unless you give us other satisfactory proof of your identity; and e. carry out statistical analysis about credit, insurance and fraud.
They, and other credit and insurance organisations, may also use technology to detect and prevent fraud.
If you need details of those credit agencies and fraud-prevention agencies from which we get, and with which we record, information about you, please write to the Data Protection Manager at Lakeside House, 30 The Causeway, Staines, Middlesex TW1Y 3BY
If you would like full details of how we and Dyno-Group use your personal information, please visit www.dyno.com or write to the Data Protection Manager at Lakeside House, 30 The Causeway, Staines, Middlesex TW1Y 3BY |