1. The following clauses only included in our TERMS AND
CONDITIONS FOR CONSUMERS set out across apply to and are expressly
incorporated into these Terms and Conditions: 1, 3, 4, 5.1, 6.1, 7.1, 9, 11.1,
11.2, 13 and 15.
2.1. We have no authority whatsoever to incur liability on behalf of or to act as
agent for Dyno-Plumbing Ltd or any of their licensees.
2.2. These Terms and Conditions shall prevail over all others including your
own and together with any quotation or tender given to you by us constitute the
entire agreement between us and supersede and cancel any previous agreement or
understanding. You acknowledge that in entering the agreement between us you
have not relied on any representation or understanding (whether oral or in writing)
which is not included or referred to in this document.
5.2 Where in accordance with clause 5.1 above we increase the price
payable by you by more than 10% we shall inform you in writing in which case you
may cancel the agreement between us if you do not accept the new price.
6.2 Where you do not pay us the Total Due within 28 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 statutory rate 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.
8. When we have completed the work we shall invite you to inspect it and
to sign the invoice and your signature will constitute acceptance of the work we have
done and of any goods and/or materials we have supplied.
10. You must let us know of any dangerous gases, liquids or other
materials or of anything which you believe may present a hazard or danger
to any person carrying out work before such work is started. You must
provide us with all the necessary details in respect of any relevant
requirements specified by the Factory Inspectors or similar regulatory
authorities. You must also make sure that we have clear access to any
relevant drains and covers and obtain all necessary consents from third
parties to ensure that we have such clear access. You must provide us with
a supply of mains electricity, water and cleaning facilities. If you have a plan
which shows any relevant drain layouts you must provide us with a copy
before we start work. If we incur additional work or expense as a result of
your failure to observe your obligations set out in this clause we may charge
you an additional sum in respect of such additional work and/or expense.
11.3 Other than as expressly provided for in these Terms and Conditions no
other warranty, guarantee or other term relating to the provision of services whether
implied by statute, common law or otherwise is given. No warranty, guarantee or
other term relating to quality or fitness for purpose is given in respect of goods and
materials supplied by us but we shall, where possible, assign to you the benefit of
any warranty, guarantee or indemnity given to us by the persons supplying the goods
to us.
12. We shall have no liability to you for any loss, damage, costs, expenses or
other claims arising from information supplied by you to us which in incomplete,
incorrect, inaccurate, illegible, or late, or which arises from your breach of your
obligations set out in these Terms and Conditions.
14. Except in respect of death or personal injury caused by our negligence
we shall not be liable to you by reason of any representation (unless fraudulent) or
any implied warranty, condition or other term or any duty at common law or under
the express terms of the agreement for any loss of profit or any indirect or
consequential loss, damage, costs, expenses which arise out of or in connection with
the provision of services, goods and/or materials by us to you.
15. Except in respect of death or personal injury our entire liability in respect
of the agreement between us shall not exceed the amount of the price payable by
you in respect of the services, goods and/or materials we supply to you under the
terms of the agreement between us or £2,000 whichever is the higher.
16. If you require us to provide services in unusual locations or
circumstances you will be liable for any damage caused to any of our equipment arising
from its use in such unusual locations or circumstances.
17. Unless specifically provided for to the contrary in our quotation, estimate
or tender you will be responsible for removing from the site deposits and refuse
extracted by us in the course of our work. You also agree to provide at your expense
such additional labour and equipment as we may reasonably require in order to
enable us to carry out the work.
18. If any provision set out in these Terms and Conditions is held by any
competent authority to be invalid or unenforceable in whole or in part, the validity of
the other provisions and the remainder of the provisions held invalid shall not be
effected.
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