Terms and Conditions

1. Definitions 

1. Parties, Definitions and Interpretation In these terms and conditions (which are referred to in this document as “these terms”),”Company” means Click Service Team LTD, “Customer” means the customer for whom the Works has been or are to be carried out by Click Service Team Ltd, “Contract” means the agreement between the Customer and Click Service Ltd to carry out the Works of which these terms form a part and (where these terms are a schedule to a signed agreement between the Customer and Click Service Team Ltd (“the Agreement”) the Agreement, “Works” means the works described in Click Service Team Ltd’s estimate and/or as referred to in Click Service Team Ltd Job Report or any other document or verbal (including over the phone) contract issued by Click Service Team Ltd, as may be varied by agreement in writing between the parties. For the purposes of these terms, “in writing” includes by email or web link and any document which is set out in a handheld device and any signature on a handheld screen shall be treated as in writing.  

2. Fixed Price Work 

2.1 Fixed price work shall be quoted for in advance by the Company. The quote shall set out the address of the Property and the work instructed by the Customer. The quoted price shall represent the total amount to be paid by the Customer for the work specified in the quote, except in the circumstances set out below:
(a) if after submission of the quote the Customer instructs the Company (whether orally or in writing) to carry out additional work and/ or undertake additional services which are not specified or otherwise referred to in the quote (in which case, such additional work and/ or services will be charged at the current applicable hourly rate in accordance with paragraph 3 below and the cost added to the quoted price);
(b) there is any increase in the source cost of the Materials (in which case the increase in cost will be added to the quoted price);
(c) it is discovered that additional work and/ or services need to be carried out which could not have been reasonably anticipated by the Company when the quote was prepared (in which case, such additional work and/ or services will be charged at the current applicable hourly rate in accordance with paragraph 3 below and the cost added to the quoted price);
(d) it is discovered that there was an error in the Company’s preparation of the quote (in which case the quoted price is invalid, and the Company will prepare a new quote);  
(e) the Customer instructs the Company to attend at a different Property from the Property named in the quote.
 

2.2 The Company can only be bound by quotes, which are provided to the Customer in writing. An estimate provided orally shall not amount to a quote, which can bind the Company in accordance with paragraph 2.1 above. The Customer may accept a quote either orally, in writing or web link but in the absence of express communication the Customer shall be deemed to have accepted a quote at the time it instructs the Company to perform the work which is described or specified in the quote. 

2.3 Quotes provided by the Company are valid for 30 days from the date of the issue. This does not affect the Company’s right to withdraw a quote at any time prior to its acceptance for any reason. 

2.4 Certain other works and services are carried out at a fixed price and the Customer should consult the Rates page. Such works and services are subject to these Terms of Business. 

2.5 When commissioning a gas appliance after repair or installation, other gas appliances in the property which have not been worked on thus far by Click Service Team LTD may also need to be visually inspected as per current regulations. Click Service Team LTD may identify issues, defects or remedial works required on these additional appliances and it is our duty to report these to the Customer and take the appropriate Gas Safe action. A quote for further work may then be given. 

3. Hourly Rate Work 

3.1 In the absence of an accepted quote (in accordance with paragraph 2.2) the amount charged to the Customer shall comprise:
(a) Labour charged at the Company’s applicable hourly rate set out in paragraph 3.2;
(b) Parts/Materials sourced outside chargeable labour hours are charged at cost plus 20% (which covers the time and effort involved in sourcing and obtaining such Materials);  
(c) Materials sourced during chargeable labour hours (i.e. driving to the shop or scooter drop order) won’t be marked with any additional costs considering customer pays on the very same day, failure to cover the parts/materials costs very same day will incur additional 20% added costs. 

(d) Click Service Team LTD reserve the right to apply less than 20% mark up or not at all at certain circumstances especially on larger items like gas boilers, hot water cylinders or AC units. 

(e) “Van Stock” parts/materials will have price tags set during re stocking; the price of these parts sometimes can be higher than some merchants or online retailers but using a “van stock” parts/materials still be the most economical (considering labour (traveling to the shops) hours and call out charges) and convenient (increased chances of repairs there and then rather than return visit or prolonged and more costly repairs on the day) to the Customer. 

3.2 (a) The Company’s hourly rates are as set out in the Rates page. Time starts to run from the arrival of the engineer at the Property, except where the Customer has asked the Company to collect the keys to the Property from an address which is not the Property, or any Materials are required by the Company, in which case travel time will be charged in addition.
(b) Our labour rate also includes an element to cover the substantial overheads that a business such as ours inevitably incurs if we are to deliver a high-quality service with reliable back up and regular repeat business and referrals. The term “labour rate” is something of a misnomer because the actual cost of labour is often quite a small part of the overall cost of running the business. Customers are often assuming that tradesmen pocket the entire hourly rate, but this can’t be further from the true. We have overheads that include business facilities, marketing costs, web present and updates, management software costs, phones and media, uniform, branding, regular training, van insurance, parking costs, congestion charge, fuel, public liability insurance, memberships of trade bodies, pensions, holiday pay, business rates, upkeep of the fleet and specialist tools and employers National Insurance, to name but a few. 

3.3 The Company shall be entitled to recover the following incidental costs and expenses from the Customer:
(a) a charge equating to one hour calculated at the prevailing rate set out on the Rates page if the Customer cancels an appointment within 24 hours of its scheduled time.
(b) Company travelling to and from a supplier to obtain suitable materials, calculated by reference to the actual time spent travelling.
(c) any delivery and re-stocking charges for Materials that formed part of the accepted quote whether on a fixed price or hourly rate basis. 

4. Payment and Customer Liability 

4.1 The Company shall invoice the Customer on completion of the work, or prior to completion of the work by written or oral agreement between the parties, or in the event of one of the circumstances set out in paragraph 4.5. 

4.2 The Customer shall pay each invoice submitted to it by the Company upon receipt (including deposit invoices for fixed price work which must be paid immediately and before work commences). Any part of an invoice that has not been paid by its due date shall attract interest at the rate of 4% above the Bank of England base rate prevailing at the date of the due date and interest shall be calculated from the due date up until the date that payment is received in full by the Company inclusive of both days. The Customer is liable for all additional costs which may be incurred by the Company in obtaining recovery of payment for the invoice in full, including and not limited to legal, court and third-party debt recovery specialist costs. 

4.3 In addition to charging interest, if the Customer fails to pay by its due date an invoice which it has been agreed will be issued prior to completion of the work, the Company reserves the right to suspend all further work until such invoice has been paid in full. 

4.4 The Customer has sole liability to discharge the Company’s account unless it has disclosed in its initial instruction (and in any event prior to work commencing) that it is acting on behalf of a third party and the third party has confirmed this in writing and the Company has accepted this in writing. 

4.5 If the Customer cancels its instruction at any time prior to the work being completed (including during the period between instruction or acceptance of quotation (as applicable) and the date scheduled for the work’s commencement) the Customer shall be liable for all costs which have been incurred by the Company on the Customer’s behalf, together with the profit that would have been made by the Company if the work had been carried out in full and, if applicable, all of the Materials to be supplied in accordance with the Customer’s original instructions. 

4.6 The Customer shall be solely liable for the status of the Property which is presented to the Company upon its arrival and attendance at the Property, including any health and safety obstructions, obstacles, hazards or similar, or any hazardous situation in respect of the gas or electrical safety. 

4.7 The Company may, without prejudice to any other rights it may have, set off any liability of the Customer to the Company against any liability of the Company to the Customer. 

4.8 The Company shall take payment card details from the Customer at the time of booking any job. The Customer shall be charged for 1 hour’s labour (in other words call-out charge) at the time of booking. The balance of any charges due to the Company will be payable on completion of the job. The Company shall refund the Customer the initial booking charge if no work was carried out or no advice to progress the job was given. 

4.9 For all and any quoted works 50% deposit will be issued (with exclusions within special circumstances and agreed by both parties) at the time or shortly after Estimate acceptance. Works start date/time be set and/or material purchased only after 50% deposit invoice has been fully paid by the Customer. 

5.0 On circumstances when other costs (materials, parts, equipment, deliveries, disposal, special equipment hire) other than labour are greater than 50% of a total estimate value, deposit invoice will cover all “other” costs and additionally up to a 25% of a labour cost. 

5. Guarantee and Company Liability 

5.1 Subject to the remainder of this paragraph 5, if, within 12 months of the date of an invoice, the Customer gives notice in writing to the Company that it is not wholly satisfied with the work to which the invoice relates, or otherwise complains, the Company undertakes to carry out any remedial works necessary which in its professional judgment it considers are necessary to bring the work up to a satisfactory standard (“Guarantee”). 

5.2 In order to avail itself of the Guarantee, the Customer shall afford the Company (and its insurers if necessary) the opportunity to attend the Property on a date and at a time requested by the Company in order to inspect the work. If upon such inspection the Company in its reasonable professional judgment considers that the work is not of a satisfactory standard, the Company shall carry out remedial works at its own cost. 

5.3 The Guarantee shall relate only to labour in respect of faulty workmanship and shall not extend to faults, defects or wear and tear of Materials installed by the Company. In respect of any faulty or defective Materials installed by the Company, the Company shall endeavour to transfer to the Customer the benefit of any warranty or guarantee given to the Company. 

5.4 The Guarantee will become null and void if at any time:
(a) any of the work completed and/or Materials installed by the Company have been subject to invasive inspection, deconstruction, alteration, repair, modification, interference, misuse, negligence or similar actions by anyone other than the Company or its Engineers;
(c) the Customer has failed to service any of the Materials installed by the Company in accordance with the manufacturer’s recommendations;
(d) the Customer has failed to carry out any supplementary work that was recommended by the Company or the Engineer as being necessary at the time the work was completed; or
(e) any invoice to which the work relates has not been settled in full in accordance with paragraph 4 above. 

5.5 The Guarantee shall not apply to work performed by the Company:
(a) at the instruction of the Customer against the oral or written advice of the Company or its Engineers; or
(b) on installations including appliances that are of inferior quality or that are over ten years old. 

5.6 The Customer’s attention is drawn to the fact that the Company can only act upon the information disclosed to it by the Customer and act on the problems presented at the time of the Engineer’s visit. It is the responsibility of the Customer to alert the Company prior to the Company attending the Property to any pre-existing conditions and/ or relevant work that has been carried out by third parties which may affect the Company’s subsequent work and / or decisions the Engineer may make at the Property. If any relevant information is withheld or omitted to be disclosed by the Customer, the Company can accept no liability for any consequential loss which the Customer may suffer. 

5.7 The Company shall accept no liability and shall not be held responsible for any loss, damage or defect (whether direct or consequential) resulting from:
(a) work that is not fully covered by the Guarantee;
(b) the unsuitability of any Materials supplied by the Customer;
(c) the late or non-attendance on site of an Engineer and/or the late or non-delivery of Materials;
(d) the Customer refusing to allow the Company access to attempt to resolve any complaint (whether the Guarantee attaches or not); or where the Customer delays notifying the Company of its complaint and in either case any loss, defect or damage is made worse by such action or inaction;
(e) the Customer engages someone other than the Company to attempt to resolve any complaint about works carried out by the Company; and/ or
(f) any other matter, act, event or omission which is beyond the Company’s reasonable control. 

5.8 Customers must note that (a) some Engineers operate under their own Gas Safe registration and as such are solely responsible for all gas related work and any subsequent liability, and (b) Click Service Team LTD reserves the right to choose whether the work requested by the Customer is carried out by employees of the Company or by Company-approved sub-contractors. Sub-contractors operate under their own insurance and assume liability for all work carried out. 

5.9 Nothing in these Terms of Business excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or for any other matter in respect of which it would be illegal for the Company to attempt to exclude its liability. 

5.10 Customers must note that the Company shall have no liability for the making good of any damage caused to the Property as a result of the Company carrying out the work required, except in the case of negligence by the Company. Furthermore, the Company shall have no liability for failures or defects arising from any pre-existing plumbing or other workmanship in the Property. The Customer may ask the Company to arrange for the making good of any damage and if the Company agrees to do so, the costs will be charged in accordance with paragraph 3.3(f) 

6. Title to Materials 

6.1 Ownership of the Materials shall not pass to the Customer until the Company has received payment in full for monies due. 

6.2 Until ownership of the Materials has passed to the Customer:
(a) the Company shall have absolute authority to repossess, sell or otherwise dispose of all or any part of the Materials; and
(b) the Customer grants the Company, its Engineers, agents and employees an irrevocable licence at any time and without notice to enter into the Property or any other premises in which the Materials are, or are reasonably believed by the Company to be, stored or installed for the purposes of inspecting and/or removing them. 

6.3 If a customer notifies the Company that it no longer wants the Materials after installation has been carried out, the Company will charge the Customer the cost of the removal of such Materials based on the hourly rates prevailing on the Rates page at the time of the notification by the Customer. Without prejudice to a foregoing, any invoice relating to work already carried out must be paid in full in accordance with paragraph 4. 

7. General 

7.1 These Terms of Business form the basis on which the supply of goods and/or services is offered by the Company to the Customer and shall become binding upon the Customer’s acceptance of such offer. 

7.2 These Terms of Business may only be varied by an agreement in writing signed by the Company and the Customer. A failure or delay by either party to exercise any of its contractual or legal rights or remedies shall not constitute a waiver of such right or remedy. 

7.3 These Terms of Business shall prevail over any inconsistent terms of business (or similar) that are at any time provided or referred to by the Customer, or are implied by practice or trade custom. 

7.4 If any provision of these Terms of Business is found by any court to be invalid, illegal or unenforceable, that provision shall be deemed not to form part of the contract between the Customer and the Company and the validity and enforceability of the other provisions shall not be affected. 

7.5 The Company shall be entitled, with the consent of the Customer (such consent not to be unreasonably withheld), to assign or transfer any of its rights, and/or to sub-contract or delegate any of its obligations, to any third party. 

7.6 Headings and titles in these Terms of Business shall not affect their interpretation. 

7.7 These Terms of Business, and all other contractual rights and obligations arising between the Customer and the Company, shall be governed by, and construed in accordance with, the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales. 

7.8 Upon completion of a new boiler installation or any major works entailing the draining of the heating system, the Customer shall be entitled to request one further visit from the Company to vent air from radiators (known as “bleeding”) provided the Customer notifies the Company that it requires this service within 60 days of completion of the works and in any event subject to settlement of any invoice in accordance with paragraph 4.2. Any other visits shall be chargeable. 

7.9 The Company can only act upon the information disclosed to it by the Customer and act on the problems presented at the time of the Engineer’s visit. It is the responsibility of the Customer to alert the Company prior to the Company attending the Property to any pre-existing conditions and/ or relevant work that has been carried out by third parties which may affect the Company’s subsequent work and / or decisions the Engineer may make at the Property. If any relevant information is withheld or omitted to be disclosed by the Customer, the Company can accept no liability for any consequential loss which the Customer may suffer. 

7.10 Our complaints policy. We are committed to providing a high-quality service to all our clients. When something goes wrong, we need you to tell us about it. This will help us to improve our standards. Further details of our complaint handling procedure are available upon request. If you have a complaint, please contact us, in writing by email or letter, with the details. We have four weeks to consider your complaint. If we have not resolved it within this time you may complain to the Legal Ombudsman.