Terms & Conditions
1. For the purpose of these terms and conditions the following words shall have the following meanings:
a. “Company” shall mean Devanco Services.
b. “Customer” shall mean the person or organisation for whom the Company agrees to carry out works and/or supply materials.
c. “Tradesman” shall mean the employee or representative of the Company performing the work to the Customer.
2. The Company reserves the right to refuse or decline work at its own discretion.
a. Where the Company agrees to carry out works for the Customer those works shall be undertaken using an Engineer or contractor of the Company’s choice at its sole discretion. The company holds public liability policy of up to 2 million.
3. HOURLY RATE WORK. The total charge to the Customer shall consist of the cost of materials supplied by the Company and the amount of time spent carrying out works (including all reasonable time spent in obtaining un-stocked materials) charged in accordance with the Company’s current hourly rates and minimum charges. The Customer shall only be charged for the time spent related to the Customer’s work, all other time, personal mobile calls etc. is non-chargeable. All charges are subject to VAT at the prevailing rate except in cases where the work carried out is zero rated.
4. 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.
5. The Company shall not be bound by any estimates given orally or in writing.
6. Material Collection – Reactive (emergency) Work Only.
Collection of non-stock items is chargeable but:
a. Time taken to do so will be kept to a minimum.
b. The Customer will be informed wherever possible when the Engineer leaves the premises.
c. If the collection time is likely to exceed 45 minutes the Customer will be additionally informed of the circumstances.
7. Invoices are due for payment immediately upon delivery to the Customer. The Company reserves the right to charge interest on any part of that invoice which remains overdue/unpaid in accordance with the Late Payment of Commercial Debt’s (if a business) and a rate of 4% above the HSBC base rate (if individual) 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 reasonable endeavours to ensure attendance 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 or for the late or non-delivery of materials.
9. If the Customer cancels their instructions prior to any work being carried out or materials supplied, then any deposit paid for the works by the Customer will be non-refundable.
10. The company offers a 12 month guarantee for all building works that are not subject to building control and only completed by the company.
11. The Company offers a guarantee (the “Guarantee”) on all Electrical work performed 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 he/she is 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. The Customer accepts that failure to notify the Company as stated in this clause 11 then the Company shall not be liable in respect of any defects in the works carried out.
12. Where work has been carried out the Guarantee shall be for 12 months from the date of completion.
a. The Guarantee will become null and void if the work/appliance supplied by the Company is:
i. Subject to misuse or negligence.
ii. Repaired, modified or tampered with by anyone other than a Company operative.
b. 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.
13. The company will not guarantee any work in respect of blockages in waste and drainage systems etc.
a. The Company will not guarantee any work undertaken on instruction from the Customer that has not been approved by a quote or estimate.
b. Work is guaranteed only in respect of work directly undertaken by the Company and where payment in full has been made.
c. Any non-related faults arising from recommended work which has not been undertaken by the Company will not be covered under this Guarantee.
d. The Company shall not be held liable or responsible for any damage or defect resulting from work not covered fully under the Guarantee.
e. Electrical work will not carry the Guarantee where the Customer has been notified in writing by the Engineer of any other related work which requires attention.
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 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 contact 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 the 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, transferred 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. These terms & conditions and all contacts 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.