1.0 In these terms and conditions (which are referred to in this document as “these terms”), the “Customer” means the customer for whom the works are to be carried out by A & S Kingdon Ltd, and the “Company” means A & S Kingdon Ltd or, wherever the case may be, a sub-contractor or representative of the company carrying out business pursuant to a subcontract Agreement entered into with the company.
For the purposes of these terms, “in writing” includes by email and any document which is set out in a hand held device and any signature on a hand held screen shall be treated as in writing.
Acceptance of works
2.0 The company reserves the right to refuse or decline any work at its own discretion. Where the company agrees to undertake works for the customer, this will be done so by authorised representatives of the company only.
Call out fee & charges
3.0 The company charges a minimum 1 hour call out fee plus one way travel for all appointments, regardless of work carried out. This includes work quoted on an hourly rate, or fixed price work. If for any reason we are unable to carry out works during attendance, the minimum 1 hour call out fee and one way travel would still be payable for our attendance, plus the cost of any additional labour time over the first hour, and parts/materials if used.
3.1 All charges are subject to VAT at the prevailing rate.
3.2 In the case of an emergency please call the office number on 01395 513936 where there is a voicemail with the emergency line stated. We charge a minimum call out of £100.00 + VAT and one way travel. Please note this is subject to change.
Estimates & fixed price works
4.0 Any estimate supplied by the company is subject to withdrawal at any time.
4.1 Unless otherwise specified, all estimates provided are done on an ‘as is’ basis, and are not a fixed price quotation or firm price. The estimate will set out the likely minimum costs involved based on a visual inspection by the company and/or details supplied by the customer. The final price will be calculated based on the original estimate and in accordance with the companies fees at the time of works being carried out, and may be increased above the estimated price.
4.2 The customer will reimburse the company for any and all expenses incurred (including labour, materials and equipment hire) upon acceptance of an estimate which is subsequently cancelled by the customer.
Prices & payment
5.0 Any prices or rates advised are subject to VAT at the prevailing rate.
5.1 All invoices are due for payment 30 days upon issuing of invoice
5.2 Where the customer is represented by a third party person(s) or agent(s) (such as a managing agent, landlord, tenant or other occupier, friend, family, contractor or other representative), in the event of non-payment by the customer, the third party will be responsible for full payment unless the company has agreed otherwise in writing prior to any works commencing.
5.3 The products and parts purchased by the company for the customer belong to A & S Kingdon Ltd until full payment has been received.
Illustration & description of works
6.0 Any illustrations, descriptions, imagery either displayed on the company’s website, in marketing materials (both offline and online), catalogues, price lists or other are intended merely to present a general idea of works and services provided by the company. No part of these shall form part of any contract.
Inspection, delivery & completion of works
7.0 The company will advise the customer of the date and time for works to be carried out. The company will always endeavour to ensure they maintain this schedule and that their operatives attend at the agreed time. However, the company accepts no liability in respect of late/non-attendance at any site, or for the late/non delivery of any equipment or materials. All times provided by the company are estimates only.
7.1 The customer shall obtain permission for the company to proceed over property belonging to neighbours or third parties if this is necessary. The customer shall indemnify the company in all aspects of claim from neighbouring/third party properties arising out of the presence of the company or its employee’s/representatives.
7.2 The customer will at all times ensure the environment is safe for the company and its employee’s/representatives for the purpose of carrying out the works.
Force Majeure
8.0 The company will use all reasonable efforts to carry out and complete the works on time, but shall not be liable to the customer or any third party if the works prove impossible due to events or circumstances beyond the company’s reasonable control.
Frozen Pipes
9.0 The company will not be liable for any fractures found in frozen pipes attended by the company, and cannot guarantee to clear blockages occurring within frozen pipes or drainage systems.
Guarantees
10.0 Any guarantee provided by the company shall be for labour only, in respect of faulty workmanship from 12 months of the date of completion. Any parts, equipment or components supplied by the company will be covered by their respective manufacturer’s warranty.
The companies guarantee will become null and void if the work/appliance completed/supplied by the company is:
– Subject to misuse or negligence
– Repaired, tampered with or modified by anyone other than a company operative/representative. The company accepts no liability for (or guarantee suitability for) materials supplied by the customer or other third parties, and will not accept liability for any damage or faults as a result. We will ask you to fill out a 3rd party form if relevant.
10.1 The company is unable to guarantee any work in respect of blockages in waste and drainage systems.
10.2 The company is unable to guarantee any work which has been undertaken on instruction by the customer, against the companies/operatives advice/recommendations.
10.3 The company will only guarantee work directly undertaken by the company and its employee’s. Any work carried out on behalf of the company sub-contractors will be guaranteed under their own respective policies.
10.4 The company will not be liable or responsible for any damage or defect arising from work not fully guaranteed or where recommended work has not been carried out.
10.5 The company will not guarantee work where the customer has been notified either verbally or in writing by the company of any related work which requires attention.
10.6 The customer shall be solely liable for any hazardous situation in respect of Gas Safe regulations, or gas warning notice issued, unless otherwise caused by our Gas Safe operative.
Intellectual property rights
11.0 All content of this website, including graphics and logo’s remain the sole property of the company, and are not to be copied, reproduced or distributed either in part of full, without our prior written consent.
Complaints procedure
12.0 We will always aim to do our best but unfortunately there may be times when things go wrong. If you have a complaint about any part of our service or products, please contact us using the following ways:
By telephoning the office and speaking to a Director or Office Manager – 01395 513936.
By email to the director at A & S Kingdon Ltd at sue@askingdon.co.uk or chris@askingdon.co.uk
In letter addresses to the director of A & S Kingdon Ltd at the registered address office of 60 Temple Street, Sidmouth, Devon, EX10 9BQ.
We will try to deal with the matter immediately, however, if we are unable to then we will always keep you regularly informed as to the progress of our actions or investigations.
Availability
13.0 While every effort is made to make the allotted scheduled appointment, A & S Kingdon Ltd cannot guarantee appointment times due to unforeseen circumstances.
Please note – Nothing in these terms and conditions is intended to remove your consumer rights regarding the quality of our work, or relating to faulty or misdescribed goods that are supplied as part of our service.
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