For the purpose of these terms and conditions, the following words shall have the following means:-
'us/we' shall mean Trojan Property Maintenance
'you' shall mean you: the customer (the person or organisation for whom we agree to carry out works and/or supply of materials)
'our representative' shall be the person we send to do the work.
1) Hourly Rate Works
i) The total charge to you will be the time spent by our representative doing the work, including a minimum of one hour initial charge. It will include all reasonable time spent in obtaining materials.
2) Collecting Materials for the Job
i) We try to minimise collection of materials by carrying everyday stock items. If we do need to collect materials we will always keep time to a minimum.
3) Fixed Price Work
i) Quotations will be include labour and materials. The price will be fixed but manifest errors shall be excempted. Quotations may need to be revised if you change the scope of the work, if there is an increase in the price of materials, or if further works turn out to be needed to complete the work.
ii) On work where the quotation value is in excess of £1,000, a deposit of 30% will be required with the order. A further 50% of the total quoted price will be required on commencement of work and the final 20% balance will be paid on completion.
iii) The quotation amount where a deposit is required can be changed at our discretion.
4) Current Regulations
i) Under current regulations you have a 14 days cooling off perioud during which time you have the right to cancel. You must provide notice of cancellation in writing and it must be posted to, faxed or e-mailed to our business address. If you have commissioned works and these works begin before the end of the 14 day cancellation period, then you will give up your right to cancel.
5) Previous Quotation
i) If it is impossible for us to do the work for the previously quoted fixed price, we will give you a free quotation for the work, so you can choose to use us or not. If you decline the quotation there will be no charges payable by you.
i) Invoices are payable immediately at the end of each job. Invoices unpaid (in total or in part) will be subject to a late payment compensation fee of 8% over the currant Bank of England base rate on the full amount while any payment remains. There will also be a recovery charge if a Debt Collection Agency has to act on our behalf.
i) We have a twelve month guarantee period of our labour and the duration of the manufacturer’s guarantee for all the parts and equipment supplied by us. If you are not satisfied with our work, you must contact us, in writing, within 12 months of finishing the work and let us come and inspect the work and carry out the necessary remedial work at our expense. You agree to let our insurers inspect any works carried out by us.
ii) Things we cannot cover:
- We are unable to guarantee our work, parts and equipment supplied to you if they are misused, treated negligently or if our work is repaired, modified, or tampered with by anyone other than us.
- Where we carry out works for you using your materials we cannot accept responsibility for the quality, fitness for purpose or otherwise of these materials.
- If a manufacturers part that we have supplied fails, we will charge for the cost of the labour to replace the part unless the manufacturer replaces it at their own cost.
iii) We cannot guarantee work where you order us to carry out work against the advice of our representative. This advice will be given to you either orally, or in writing. Our guarantee is also void if we indicated that further works need to be carried out.
iv) We cannot guarantee (because of its nature) any work to unblock waste or drainage pipes. Nor can we guarantee further damage or defects caused by work that is not fully guaranteed or where recommended further work has not been carried out.
v) We cannot guarantee work on existing installations that are either inferior or over 10 years old nor can we guarantee the effectiveness or otherwise of our work in these cases.
vi) We will only be liable for rectifying our own work and shall not be held responsible for any ensuing damage or claims resulting from this or other work overlooked or subsequently requested and undertaken at that time.
vii) We shall be entitled to recover the costs or damages from any person or contractor whose negligence or faulty workmanship makes us liable to pay for those damages.
viii) We reserve the right to refuse or decline to undertake any work.
ix) We reserve the right, at our absolute discretion, to choose who will represent us.
8) Title to the Goods
i) Goods supplied and delivered by us to you, or your premises, shall remain our property until paid for by you in full. Whilst goods remain our property (we continue to have title over them) we have the absolute authority to retake, sell or otherwise dispose of all or any part of these goods.
ii) We shall be entitled to seek a court order to prevent you from selling, transferring or otherwise disposing of such goods. However, the risk in the goods will pass to you on delivery to you. You must insure them at replacement value and if asked you must produce evidence that they are properly insured.
i) We will make every effort to attend each job at the time and date agreed with you according to our standard terms and conditions of sale. However, we cannot accept liability for either arriving late or not at all and for the late delivery or failure to supply materials.
ii) You will personally be deemed to be our customer unless it’s made clear to us who the customer is and we have confirmation that you have the right to instruct us on their behalf.
iii) If you instruct us to do work or buy materials and then cancel, we reserve the right to charge you for the cost of any time and materials incurred by us. Charges will be those of our normal terms and conditions.
10) Force Majeure
i) Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control, except for payment obligations.
11) Working Outside of Normal Office Hours
i) The company operates a 24 hour, 367 days a year emergency callout provision.
ii) Attendance to an emergency callout is subject to availability of engineering resources.
iii) Travel time will be added to any on-site charges at the standard ‘out of hours’ rates.
12) Winter Special Boiler Service Offer
i) The Winter Special Boiler Service Offer is valid only for the following boiler types:
• Natural Gas boiler
• Wall or floor standing combi
• Less than 8 years old
ii) If your boiler is a back boiler or older than 8 years it may incur an additional charge
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 our duly authorised representative and you. Our terms and conditions shall prevail over any terms and conditions used by you or contained, set out or referred to in any documentation sent to us by you. By entering into a contract with us you agree irrevocably to waive the application of any of the terms and conditions sent to us by you.
These terms and conditions and all contracts awarded between us and you shall be governed and constructed in accordance with English Law and shall be subject to the exclusive jurisdiction of English Law.
13) Snagging Period
When a job has been completed, any snagging must be reported to us within 24 hours of completion. Any snagging reported after that period may be charged for.