For the purpose of these terms and conditions ‘The Customer’ shall mean the person or organisation for whom Hammer and Halo agrees to carry out works and/or supply materials. The Operative or Engineer shall mean the representative appointed by Hammer and Halo.
Hammer and Halo reserves the right to refuse or decline work at its own discretion. Where Hammer and Halo agrees to carry out works for the Customer those works shall be undertaken by the designated operative of Hammer and Halo at its absolute discretion.
HOURLY RATE WORK. The total charge to the Customer shall consist of the cost of materials supplied by Hammer and Halo (not exceeding the trade purchase price of materials + 20%) and the amount of time spent by the operative in carrying out works (including all reasonable time spent in obtaining unstocked materials) charged in accordance with Hammer and Halo’s current hourly rates. 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.
FIXED PRICE WORK shall be given as a firm cost, (manifest errors exempted) including Labour and Materials, and shall be within 10% over and above the equivalent total hourly rate cost.
Where a written estimate has been supplied to the Customer the total charge to the Customer referred to in the estimate should not exceed the actual time taken by more than 20% but may be revised in the following circumstances:— (i) if, after submission of the estimate the Customer instructs Hammer and Halo (whether orally or in writing) to carry out additional works not referred to in the estimate. (ii) if, after submission of the estimate there is an increase in the price of materials. (iii) if, after submission of the estimate it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared. (iv) if, after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.
Hammer and Halo shall not be under any obligation to provide an estimate to the Customer and shall only be bound by estimates given in writing to the Customer and signed by a duly authorised representative of Hammer and Halo. Hammer and Halo shall not be bound by any estimates given orally or in which manifest errors occur.
Material Collection. Collection of non-stock items is chargeable but: (a) Time must be kept to a minimum and reasonable. (b) The Customer must be informed wherever possible when the operative leaves the premises. (c) If the collection time is likely to exceed 60 minutes the customer must be additionally informed of the circumstances. (d) Only one engineer is allowed to leave the job to collect parts. (e) The collection of materials which should normally be stocked is non-chargeable.
Invoices are due for payment immediately upon delivery to the Customer. Any part of that invoice which remains unpaid shall carry interest at the rate of 4% over the base rate until payment in full is received by Hammer and Halo.
Where the date and/or time for works to be carried out is agreed by Hammer and Halo with the Customer, then Hammer and Halo shall use its best endeavours to ensure that the operative attend on the date and at the time agreed. However, Hammer and Halo accepts no liability in respect of the non attendance or late attendance on site of the operative/engineer or for the late or non delivery of materials.
The Customer shall accept sole liability to discharge Hammer and Halo’s account unless he/she discloses to Hammer and Halo when initially instructing Hammer and Halo to carry out work and/or supply materials that he/she is acting on behalf of a third party and the name of that third party appears on the written estimate.
If the Customer cancels their instructions prior to any work being carried out or materials supplied then the Customer shall be liable for any related expenditure together with the profit that would have been made by Hammer and Halo had the work been carried out and/or materials supplied in accordance with such instructions.
If, after Hammer and Halo shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 12 months to Hammer and Halo and shall afford Hammer and Halo, and its insurers, the opportunity of both inspecting such works, and carrying out any necessary remedial works if appropriate. The Customer accepts that if she/he fails to notify Hammer and Halo as aforesaid then Hammer and Halo shall not be liable in respect of any defects in the works carried out.
The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturers warranty in force. The Guarantee will become null and void if the work/appliance completed/supplied by Hammer and Halo is: (a) Subject to misuse or negligence. (b) Repaired, modified or tampered with by anyone other than a Hammer and Halo operative. Hammer and Halo will accept no liability for, or guarantee suitability of, materials supplied by the Customer and will accept no liability for any consequential damage or fault.
Hammer and Halo will not guarantee any work in respect of blockages in waste and drainage systems etc.. Hammer and Halo will not guarantee any work undertaken on instruction from the customer and against the written or verbal advice of the operative/engineer. Work is guaranteed only in respect of work directly undertaken by Hammer and Halo and payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by Hammer and Halo will not be guaranteed. Hammer and Halo shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out. Work will not carry a guarantee where the customer has been notified by the operative either verbally or indicated in ticked boxes or in Comments/ Recommendations of any other related work which requires attention. The customer shall be solely liable for any hazardous situation in respect of Corgi Regulations or Gas Warning Notice issued.
Where Hammer and Halo agrees to carry out works on installations of inferior quality or over ten years old at that date no warranty is given in respect of such works and Hammer and Halo accepts no liability in respect of the effectiveness of such works or otherwise.
Engineers operate under their own Corgi Registration and as such are solely responsible for any Gas related work and subsequent liability.
Hammer and Halo shall be entitled to fully recover costs or damages from any operative/engineer/contractor whose negligence or faulty workmanship results in Hammer and Halo being made liable for those damages or rectification of the work.
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 Hammer and Halo 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 Hammer and Halo; by entering into a contact with Hammer and Halo the Customer agrees irrevocably to waive the application of any such terms and conditions.
Title to any goods, supplied by Hammer and Halo to the Customer shall not pass to the Customer but shall be retained by Hammer and Halo until payment in full for such goods has been made by the Customer to Hammer and Halo. Until such time as title in the such goods has passed to the Customer: (i) Hammer and Halo 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 Hammer and Halo, (ii) for the purpose specified in (i) above, Hammer and Halo 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. (iii) Hammer and Halo 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 Hammer and Halo with a certificate or other evidence of such Insurance.
Hammer and Halo 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 Hammer and Halo shall be entitled to a reasonable extension of the time for performing such obligations.
Hammer and Halo shall only be liable for rectifying works completed by Hammer and Halo 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 and conditions and all contacts awarded between Hammer and Halo and Customer shall be governed and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English law.