Definitions:
For the purpose of these terms and conditions the following words shall have the following
meanings:
“The Company” shall mean SmartGas Solutions Group Limited.
“The Customer” shall mean the person or organisation for which the company agrees to
carry out works and/or supply materials.
“The Engineer” shall mean the representative appointed by the company.
These terms and conditions and all contracts awarded between The Company and
The Customer shall be governed and construed in accordance with Scottish Law and
shall be subject to the exclusive jurisdiction of Scottish Law.
General Conditions:
1. The Company reserves the right to refuse to undertake or decline work at its own
discretion.
2. Where The Company agrees to carry out works for The Customer then such works
shall be carried out by The Engineer who shall be selected by The Company in its
absolute discretion.
3. 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 best endeavours to ensure that
The Engineer shall attend 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 of The Engineer or for the late delivery or non-delivery of materials.
4. For testing of appliances and components, the surrounding areas must be free from
clutter and appliances must have clearance as identified by the manufacturer’s
guidance. Any clearances not met, and therefore preventing completed works being
carried out, will incur a further call out charge should we have to return to retest or
inspect or repair. The Engineer will carry out tests that are possible within the scope
of works that are allowable with such obstructions or clutter in place.
5. The property should be in a clean and safe working environment for The Engineer to
work within. Any known hazards such as weak structures, low lighting, pets, persons
suffering with illnesses that are transferable etc. must be made known prior to the
scheduled appointment. The Engineer has the right to refuse entering a property if
these conditions are not met and The Engineer feels they may be at-risk. A minimum
cancellation fee will be held should we not be able to safely enter a premises.
6. These terms and conditions may not be released, discharges supplemented,
interpreted, varied or modified in any manner except by an instrument in writing
signed by a duly authorised representative of The Company and by 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 contract with The Company, The
Customer agrees irrevocably to waive the application of any such terms and
conditions.
7. 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.
8. 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
any other work overlooked or subsequently requested and not undertaken at that
time.
Charges, Payment and Ownership of Goods:
9. VAT will be charged at the standard UK rate on all work undertaken by The Company
10. Work completed at our hourly rate:
a. There will be a minimum charge of one hour for jobs on an hourly rate. The
total charge to the customer shall consist of the cost of materials supplied by
The Company to The Customer and the amount of time spent by The
Engineer in carrying out the works for The Customer, including travel.
b. Where consumables items are required to complete the work there will be a
minimum charge of £12 inc. VAT for materials, this includes, but is not limited
to, items such as batteries and washers.
c. Materials purchased for The Customer by The Company will include a fee for
the time spent in ordering and collecting those materials.
11. The Company reserves the right to request payment from The Customer in advance
of work being undertaken. Where the payment is not made on request, The
Company reserves the right to delay works, until funds have been received.
12. The Company reserves the right to request partial payment prior to the completion of
a job where the work undertaken covers a longer timescale.
13. Where The Customer does not have a pre-arranged credit account with The
Company, invoices are due for payment within 7 days of the work being completed.
14. The Company reserves the right to charge interest at a daily rate of 10% above the
base rate, for any invoices which remain unpaid (whether wholly or in part) after the
due date of the invoices, until payment in full is received by The Company. Further
administrative charges for time taken to recover a debt may also be added.
15. For business customers statutory interest will be charged on late payments, this is
8% above the base rate. Late payment is 30 days from receiving the invoice. Debt
recovery will also be claimed at the following rates:
a. Up to £999.99 – £48 inc. VAT
b. £1,000 to £9,999.99 – £84 inc. VAT
c. £10,000 or more – £120 inc. VAT
16. The Customer shall incur personal liability to discharge The Company’s account
unless The Customer discloses to The Company, at the time of instructing The
Company to carry out work and/or supply materials that The Customer is acting on
behalf of a third party, including but not limited to a limited company or partnership
and when The Customer has received a written estimate/quote, the name of the third
party appears on the written estimate/quote.
17. If The Customer shall cancel their instructions prior to any work being carried out or
materials supplied, then The Customer shall be liable to pay The Company for any
time spent or materials purchased by The Company together with the profit that
would have been made by The Company had the work been carried out and/or
materials supplied in accordance with such instructions.
18. 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
goods has passed to The Customer:
(a) The Company shall have absolute authority to retake, sell or otherwise deal with
or dispose of all or any part of such goods in which title remains vested in The
Company.
(b) For the purpose specified in clause 18a, above, The Company or any of its
agents or authorised representatives shall be entitled at any time and without notice,
to enter upon any premises in which goods or any part thereof are 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, 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.
Appointment Cancellations:
19. The Company reserves the right to make a charge of £54 inc. VAT for:
a. any work that is cancelled within 24 hours prior to the appointment time.
b. any appointment broken by The Customer or The Customer’s tenant(s).
Estimates and Quotes:
20. The Company shall not be under any obligation to provide an estimate/quote to The
Customer and shall only be bound (subject as hereinafter) by estimates/quotes given
in writing to The Customer via email which has been approved by return email. The
Company shall not be bound by any estimates/quotes given orally.
21. Where a written estimate/quote has been supplied to The Customer the total charge
to The Customer referred to in the estimate/quote may be revised in the following
circumstances:
a. If after submission of the estimate/quote The Customer instructs The
Company (orally or in writing) to carry out additional works not referred to in
the estimate/quote
b. If after submission of the estimate/quote there is an increase in the cost of
materials.
c. If after submission of the estimate/quote it is discovered that further works
need to be carried out which were not anticipated when the estimate was
prepared.
22. When undertaking work stated in an estimate/quote The Company takes no liability if
the work cannot be completed due to unforeseen circumstances. In this situation The
Company will either:
a. Make safe the area and invoice for any work completed.
b. Recommend that a specialist is appointed before further work is undertaken.
c. Re-quote for additional work required to be undertaken.
Guarantees and Warranties:
23. If, after The Company has carried out the works The Customer is not satisfied with
the works then The Customer shall give notice in writing to The Company within 12
months and shall afford The Company the opportunity of inspecting such works and
where appropriate shall afford The Company the opportunity of carrying out any
necessary remedial works. The Customer accepts that if they fail to notify The
Company as aforesaid then The Company shall not be liable in respect of any
defects in the works carried out. The Customer agrees to allow The Company’s
insurers to inspect any work carried out by The Company to The Customer.
24. The guarantee shall be for labour only in respect of faulty workmanship and for 12
months from the date of completion with the manufacturer’s warranty in force. The
guarantee will become null and void if the work/materials completed/supplied by The
Company are:
a. Subject to misuse or negligence.
b. Repaired, modified or tampered with by anyone other than an employee of
The Company.
c. Warranties and guarantees are not insurance backed. Warranties for
individual appliances and parts will be covered by the manufacturer’s
warranty. Any labour required to remove and replace the faulty components
by The Company will be chargeable at The Company’s hourly rate unless as
a result of faulty workmanship by The Company.
25. Where The Company carries out works for The Customer using materials supplied by
The Customer no warranty is given as to the merchantability, fitness for purpose or
otherwise of such materials and The Company accepts no liability in respect thereof.
26. The Company will not guarantee any work in respect of:
a. Noises in heating pipes, water pipes, radiators or boilers. The Company will
not guarantee any work in respect of blockages in heating pipes, water pipes
or waste and drainage systems etc.
b. Any existing pipework or fittings when a new boiler or heating system is
supplied.
c. Any work undertaken on instruction from The Customer and against the
written or verbal advice of The Engineer.
27. Work will only carry a guarantee where all work has been completed and payment in
full has been made. The Company shall not be held responsible for any damage or
defect resulting from work not fully guaranteed or where further work has been
advised of but not yet carried out. The Customer shall be solely liable for any
situation in respect of building regulations or gas warning notices.
28. Where The Company agrees to carry out work on installations of inferior quality or
over ten years old at that date no warranty is given in respect of such work and The
Company accepts no liability in respect of the effectiveness of such work or
otherwise.
29. The Company shall be entitled to fully recover costs or damages from any
engineer/contractor whose negligence or faulty workmanship results in The Company
being made liable for those damages or rectification of the work.
30. Any work undertaken by The Company will always be carried out by an approved,
qualified engineer.
Spare Parts and Repairs:
31. If The Company does not carry the spare parts your repair requires, The Company
will endeavour to find parts from The Company’s approved suppliers. The Company
offers no guarantees in relation to the time it takes for the suppliers to obtain parts
that are not stocked by The Company and will not be held liable for any delays in
obtaining spare parts.
32. The Company will keep The Customer informed of any delays and problems with the
availability of parts. Where like-for-like parts are not available The Company reserves
the right to use an approved alternative or standard range of replacement products.
For example, parts may not always be the same design or colour as the original.
33. Should The Company find any boiler parts to be obsolete, The Company will not be
able to carry out the associated works and a quotation for a replacement boiler.
Smart Gas Solutions Group Limited.
Registered Office Address 14 Lugton Circle, Edinburgh, EH17 8GT
Trading Address 7a Grange Road, Edinburgh, EH9 1UH
Registered in Scotland as a limited company in April 2019
Registered number: SC626257
VAT registration number: GB 291767561
Gas safe number: 597760