General Terms and Conditions – NRC Services LTD
For the purpose of these terms and conditions the following words shall have the following meanings:
1.1. The ‘Company’ shall mean NRC Services.
1.2. The ‘Customer’ shall mean the person or organisation for whom the Company agrees to carry out works/and or supply materials.
1.3. The ‘Worker’ shall mean the employee or representative of the Company performing the work for the Customer.
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 using a worker of the Company’s choice at its sole discretion.
3. The total charge to the Customer shall consist of the cost of the materials supplied by the Company and the amount of time spent by the worker in carrying out works (including all reasonable time spent in obtaining un-stocked materials) charged in accordance with the Company’s current charge rates and as per the quoted works.
4. Fixed Price Work
4.1 Fixed Price Work shall be given as a firm cost, (manifest errors exempted) including labour and materials. All costs are plus VAT at the prevailing rate.
4.2 Where a written quote has been supplied it may be revised in the following circumstances:
- a) If after submission of the quote the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the original quote.
- b) If after submission of the quote there is an increase in the price of materials.
- c) If after submission of the quote it is discovered that further works need to be carried out which were not anticipated when the quote was prepared.
- d) If after submission of the quote it is discovered that there was a manifest error when the quote was prepared.
5. Quotes are only valid for a period of 30 days from the date of sending.
6. Our prices assume that work will be carried out as per the agreed proposal between the Customer and the Company. Variations to the agreed proposal, abnormal working conditions or any other work found to be necessary at the time of installation may be subject to additional charges.
7. The Contract for works:
7.1 The contract can be terminated or amended by the Customer for any reason with 7 days’ notice prior to commencement of the work.
7.2 A fee of 25% of the total quote will be made to cover administration costs and the return of any goods to suppliers if less than 7 days are remaining.
8. Invoices are due for payment 30 days upon receipt, unless there has been an alternative written agreement in place with the Company.
9. The Company will be entitled to add interest on a weekly basis on any amount not paid within 7 days of the issue date. Interest will be charged at 10% of the balance overdue.
10. After 30 days from the date of the invoice, the Customer will no longer be contacted by the Company. The Company will instruct their preferred company to recover the debt; the subsequent cost incurred by this, will also need to be paid by the Customer.
10.1. The Company reserves the right to add any cost incurred, inclusive of legal fees, in the pursuit of payment to the amount owed.
10.2. 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 full payment has been made.
10.3. 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.
10.4. For the purpose specified 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 are installed, stored or kept, or is reasonably believed so to be.
10.5. 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.
11. The Guarantee
11.1. The Company offers a guarantee (the Guarantee) on all work performed by its workers for a period of 12 months (the Guarantee Period) from completion of the works. If, within the Guarantee Period, the Customer notifies the Company in writing that it is not wholly satisfied with the works with reasonable justification and detail of why they are not wholly satisfied and subject to the Customer affording the Company and its insurers the opportunity of both inspecting such works, the Company or its insurers undertake to carry out any necessary remedial works if appropriate.
11.2. The customer accepts that if they fail to notify the Company then the Company shall not be liable in respect of any defects in the works carried out.
11.3. The Guarantee will be null and void if the work completed/supplied by the Company is:
- a) Subject to misuse or negligence.
- b) Repaired, modified or tampered with by anyone other than a Company operative.
- c) Work is guaranteed only in respect of work directly undertaken by the Company and where payment in full has been made.
- d) Any non-related faults arising from recommended work which has not been undertaken by the Company will not be covered under this Guarantee.
- e) The company shall not be held liable or responsible for any damage or defect resulting from work not covered fully under the Guarantee or where recommended work has not been carried out.
12. All products and materials are covered by their manufacturer’s standard warranty. However, the manufacturer’s warranty does not cover and labour cost for replacement products to be fitted.
12.1. Any products that require replacement under the manufacturer’s warranty will be subject to a discounted labour charge agreed at the time of notification.
13. Unless otherwise agreed in a quotation (or other document), surplus materials, waste materials and off cuts etc remain the property of NRC Services or our subcontractors or our suppliers. After final payment the customer takes ownership of the; materials used to carry out the work only.
Access to and collection of used or unused materials, equipment and plant etc remains in place until full and cleared final payment is received
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 both the Company and Customer. Further, these terms 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. The Company shall not be liable for any delay or 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 time for performing such obligations.
16. 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.
17. The company reserve the right to use photographic imagery of works completed and ongoing, for company content. Should you not wish for us to use imagery, please confirm this in writing.
18. These terms and conditions and all contracts awarded between the Company and Customer shall be governed and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English Law.
19. These terms and conditions do not affect your statutory rights.
Electrical clauses
- The Company reserve the right to withhold any test certificate until final payment has been made.
Cleaning clauses
- The customer must notify the company within 24 hours if dissatisfied with any aspect of the cleaning service carried out for the company to be able to address the concerns and put any rectification in place.
Painting clauses
- The customer must notify the company within 24 hours if dissatisfied with any aspect of the final finish to be able to address the concerns and put any rectification in place.
