Terms and Conditions
1. For the purpose of these terms and conditions the following words shall have the following meanings:
a. “Company” shall mean James Stewart, trading as JS Repair;
b. “Customer” shall mean the person or organisation for whom the Company agrees to carry out works and/or supply materials;
c. “Operative” shall mean the representative appointed by the Company.
2. The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Customer those works shall be undertaken by the designated operative of the Company at its absolute discretion.
3. The total charge to the Customer shall consist of the cost of materials supplied by the Company, and any miscellaneous charges such as parking, waste disposal fees, etc., and the amount of time spent by the Operative in carrying out works (including all reasonable time spent in obtaining unstocked materials), charged in accordance with the Company’s current hourly rates.
4. Where a written estimate has been supplied to the Customer the total charge to the Customer referred to in the estimate may be revised in the following circumstances:
a. if after submission of the estimate the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the estimate;
b. if after submission of the estimate there is an increase in the price of materials;
c. if after submission of the estimate it is discovered that further works need to be carried out which were not anticipated.
5. The Company shall not be bound by any estimates given orally.
6. Materials/Parts Collection. Collection of non-stock items is chargeable, but time will be kept to a minimum and costs reasonable.
7. Invoices are due for payment immediately upon delivery to the Customer. Any part of that invoice which remains unpaid shall carry interest at the rate of 4% over the base rate until payment in full is received by the Company.
8. Where the date and/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure that the Operative shall attend on the date and at the time agreed. However, the Company accepts no liability in respect of the non-attendance or late attendance on site of the Operative or for the late or non-delivery of materials.
9. The Customer shall accept sole liability to discharge the Company’s account unless the Customer discloses to the Company when initially instructing the Company to carry out work and/or supply materials that the Customer is acting on behalf of a third party (including, but not limited to, a Limited Company or Partnership) and that the name of the third party appears on any correspondence. We reserve the right to decline or refuse to work when there is third party involvement.
10. If, after the Company shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 12 months to the Company and shall afford the Company, and its insurers, the opportunity of both inspecting such works, and carrying out any necessary remedial works if appropriate. The Customer accepts that if they fail to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.
11. The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturers warranty in force. The Guarantee will become null and void if the work completed and/or appliance supplied by the Company is:
a. Subject to misuse or negligence;
b. Repaired, modified or tampered with by anyone other than a the Operative.
The Company will accept no liability for, or guarantee suitability, for materials supplied by the Customer and will accept no liability for any consequential damage or fault.
12. The company will not guarantee any work in respect of blockages in waste and drainage systems, etc. The company will not guarantee any work undertaken on instruction from the customer and against verbal advice of the Operative. Work is guaranteed only in respect of work directly undertaken by the company, and when payment in full has been made. The company shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out.
13. Where the Company agrees to carry out works on installations of inferior quality, or over ten years old at that date, no warranty is given in respect of such works and the Company accepts no liability in respect of the effectiveness of such works or otherwise.
14. These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative of the Company and by the Customer. Further, these terms and conditions shall prevail over any terms and conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering into a contract with the Company the Customer agrees irrevocably to waive the application of any such terms and conditions.
15. Title to any goods, supplied by the Company to the Customer shall not pass to the Customer but shall be retained by the Company until payment in full for such goods has been made by the Customer to the Company.
Until such time as title in such goods has passed to the Customer:
a. The Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all, any or part of such goods in which title remains vested in the Company;
b. for the purpose specified in (a.) above, the Company or any of its agents or authorised representatives shall be entitled at any time and without notice to enter any premises in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be;
c. the Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferring or otherwise disposing of such goods.
Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the Customer, and until such time as title in such goods has passed to the Customer, the Customer shall insure such goods to their replacement value and the Customer shall forthwith, upon request, provide the Company with a certificate or other evidence of such Insurance.
16. The Company shall not be liable for any delay, or for the consequences of any delay, in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control, and the Company shall be entitled to a reasonable extension of the time for performing such obligations.
17. The Company shall only be liable for rectifying works completed by the Company and shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested and not undertaken at that time.
18. These terms and conditions and all contracts awarded between the Company and the Customer will be governed by and interpreted according to Scots law. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of the Scottish courts.