Burston and Son Chimney Services
14 Lime Grove
BURSTON AND SON CHIMNEY SERVICES – TERMS AND CONDITIONS OR BUSINESS
SCHEDULE – SCOPE OF WORKS
I will carry out all sweeps in accordance to the industry standard as trained by The Guild Of Master Chimney Sweeps, and in excess of when required. For other works such as appliance servicing, cowl fitting and creosote treatment the customer will be informed of the scope of works verbally prior to the job. The customer, if in agreement, may issue instructions to proceed with the job verbally, in writing or by email.
Agreed additional works to those contained within the Scope of Works will be notified to the customer and supported with a Variation Order (instruction to proceed). Such Variation Orders will be priced as an addition to the Scope of Works and a cost given prior to commencement. Variation Orders can be cancelled or altered as required without penalty if additional work has not yet commenced.
We undertake to carry out all installations in a safe and orderly fashion. Should it be necessary to store materials or equipment on site this will be at the discretion of the customer. As a rule we may from time to time request to leave small power tools & installation equipment only. We do not use nor require storage for flammable or explosive based materials or liquids likely to cause damage to property or to health.
A first aid kit is kept permanently in the van throughout every sweep/job. The contents are regularly inspected.
PAYMENT OF INVOICES & VARIATION ORDERS
Completion payments per individual invoice value are due upon immediate finalisation of all work. All payments are to be made to:
J Burston / Burston and Son Chimney Services
14 Lime Grove
PUBLIC LIABILITY AND FAIR WEAR AND TEAR
The customer is fully insured by our Public Liability insurance whilst we are working on site. We are responsible for the protection of the work area only. We also undertake to make the public aware of our works in the event such works are likely to involve areas of a public thoroughfare. The customer is entirely responsible for communicating information to us regarding known faults or facts likely to cause concern with regard to our job such as new or faulty wiring installations, known water and buried gas pipes within the area of our works that would likely affect the commencement and completion of work.
Most components of a solid fuel heating system have a finite life span which is affected greatly by how it is used. If a component suffers damage through sweeping to the industry standard of best practice, and is attributable to fair wear and tear or from incorrect usage we cannot be held liable. Liners for example have a recognised shelf life which can be increased or decreased dependent upon use. Factors such as fuel type, length of time in use and temperatures achieved can have a dramatic impact upon the lifespan of the liner. The use of coal, whether it be smokeless or not, if burned in excessive quantities over a lengthy period of time will produce high levels of bituminous sulphate / sulphuric acid that will quite simply rot even the toughest liner thus invalidating the liner guarantee. If a customer is in dispute of this, the customer should follow the complaints procedure which is initially through us, then if the customer deems necessary to escalate through The Guild of Master Chimney Sweeps Complaints Procedure then finally through our insurers.
WASTE REMOVAL – CARTING AWAY
Due to the high cost of landfill and non-acceptance at domestic waste sites, we will not undertake to remove contractual waste and rubbish from the customer’s property unless it is specifically mentioned in the Scope of Works. This is the customer’s own responsibility to dispose of. On each job, we will undertake to bag and store waste generated in a safe manner, at the direction of the customer. If large quantities of building waste are likely to be generated, skip hire can be factored into each scope of works.
In the event that a customer may wish to cancel their job prior to commencement, we would expect at least 24 hours notice. We understand circumstances can change at very short notice, so it is understood this may not be possible. Where works have been agreed, and the customer is not present to afford access as agreed we reserve the right to charge a cancellation fee unless agreed otherwise. Materials purchased in such circumstances may be returned however, a 30% restocking charge may apply. We reserve the right to request in writing from the customer a detailed letter of complaint with regard to any cancellation of our works once such works have commenced. Any works will cease until we have received in writing such notification. Further details with regard to cancellations can be found within our Code of Practice. We reserve the right to expect full and proper payment for work completed and for all and any materials purchased on behalf of the customer and subsequently installed. The customer must accept absolute responsibility to pay in full the cost as set out in the Scope of Works as well as all outstanding amounts due on any additional Variation Orders that may have been agreed to.
REGULATION 2008 RIGHT TO CANCEL
It is your statutory right to cancel the works that you have agreed to within a time period of 14 (Fourteen) days from the date we book it in, or your instructions to proceed. Such cancellation must be made verbally, in writing or by email and must be received at our place of business within this time frame. Where our work has commenced, given that the customer has authorised such work to start, payment to us covering initial expenditure for labour and such work already carried out to include non-returnable components purchased on your behalf may be charged for or, where applicable, may be deducted from the initial deposit if paid. A full description of this regulation can be found within the ‘Sale of Goods & Services Act’ and downloaded free via any government portal. Please complete the following tear off element and return it to us within the required time scale in case of cancellation: –
Phone: 01395 278228 Mobile: 07973 662621 Email: firstname.lastname@example.org
OWNERSHIP OF MATERIALS
We are a chimney sweeping and maintenance business, however, from time to time we may be asked to install materials supplied to us by our customers and these materials remain the property of the customer and cannot be removed from the work site. When supplying materials directly they will remain the property of us until paid for, at which time the client becomes the rightful owner. We undertake not to remove from the work site any materials under the rightful ownership of the client unless requested to do so. Materials paid for and provided by us may be refunded minus a 30% restocking charge. Materials paid for by the customer & supplied by a 3rd party retailer must be returned to the retailer for a refund dependent upon the retailers Terms & Conditions.
We do not as a rule reinstate any materials removed from the chimney breast where our works are carried out, if skirting board or other types of moulding are removed the customer should make arrangements with a carpenter or other trades personnel to have these materials reinstated at the completion of our works. This also applies to pictures, televisions and any other wall hung products.
The materials used for your job have specific manufacturer’s guarantees attached and therefore require proper handling and use. Any defect found with the materials will fall under such guarantees and warranties. However, manufacturers liability will not be accepted if the materials can be proven to have been abused or misused during operation.
CODE OF PRACTICE
The following code of practice reflects, as far as possible, the manner in which we conduct ourselves, our business and trading style, as well as our business philosophy. Our Code of Practice is also concerned with other aspects of the solid fuel industry that our customers may consider of great importance when choosing to maintain or service their appliance. Our Code of Practice recognises the importance of proper communication, conflict of interest and a duty of care to our customers. We endeavour to discuss matters that can sometimes be overlooked in the process of survey/inspection/purchase/installation of an item so that they do not surface later to cause problems because they had not been properly explained, understood or resolved. It is important that we are able to provide a solid and fair Code of Practice therefore establishing a clear and common understanding between the sweep and customer and any expectation either party may have to produce a satisfactory outcome to an installation.
SURVEYS / INSPECTIONS
We undertake to carry out informative pre-installation inspections/surveys, outline and explain current legislation and where applicable advise on alteration and safety. A written report containing relevant dimensions that can be used by the customer for clarification when purchasing an appliance can be issued on request. It is important that the difference between an inspection and survey is recognised.
We are committed to maintaining the highest degree of integrity in all our dealings with current, past and potential customers, both in terms of commercial confidentiality and the protection of all personal information received in the course of providing our services. We extend the same high standards to customers, retailers and suppliers.
We always conduct our services honestly and honourably and expect our customers, retailers and suppliers to do the same. Our advice, assistance and our methods of operation imparted throughout our work to take proper account of ethical considerations together with the protection and consideration of our current, past and potential customers.
DUTY OF CARE
The action we take, the advice we offer and the work we undertake will always conform to relevant best practice appertaining to the servicing and sweeping of any Solid Fuel appliance and ancillary alteration work that falls within Building Regulations, Part ADJ as well as to all manufacturers’ instructions.
Our contract will usually be in the form of a verbal booking, with the scope of works with our general Terms & Conditions of Business outlined if requested. This forms the basis of our contract with the customer and outline our procedures as well as an indication of the cost for such work. We always try to meet time scales in agreement with our customers’ wishes prior to commencement, however, this is with the understanding that we cannot be held responsible for any failures to commence or proceed with our works due to any 3rd party contractors undertaking their works in an area where we are required to commence our own, adverse weather conditions likely to affect external works and thus delay completion, failure of the client to remove any gas supply prior to us proceeding with our works and any gas appliance likely to restrict commencement of our works. On occasion it may be necessary to undertake additional works either as instructed or due to unforeseen complications within the scope of works. In any event, such additions will be discussed and agreed prior to the issuing of a Variation Order.
SCOPE OF WORKS
Our Scope of Works is a simple, easy to understand breakdown of the work we undertake on behalf of each of our clients with confirmation of the final costs involved in every job which is verbal unless requested in writing in the form of an email or letter.
FEES / ESTIMATED COSTS
We believe our fees and estimated costs are reasonable and competitive. This is an individually tailored and specialised service and as such we do not generally offer discounts unless for sweeping multiple flues in the same property. Generally, a reduction in price can only be achieved by reducing the level or extent of our services. In view of our professional status we feel that this is not an option. That said, we will always endeavour to propose solutions that will accommodate customer budgets and timescales. We will only undertake work once our Scope of Works and fees have been agreed to, therefore, our customers can plan reliably for what lies ahead.
From time to time it may be necessary to estimate for extra work in addition to the original scope of works. Such work will be considered and agreed and the additional cost agreed prior to commencement with the issue of a Variation Order.
We expect all payments to be made within 28 days unless agreed otherwise verbally or in writing at our discretion. Payments that are not made within 28 days will be subject to an additional administration charge of 10% weekly until paid unless we agree otherwise.
We aim to provide sweeping of the highest calibre and routinely check equipment and materials for defects to ensure that they are fit for their intended purpose. These are discussed and confirmed at the initial survey stage and again before we commence our work. We only ever use heat resistant materials where required, none that are combustible.
REFUNDS & GUARANTEES
We guarantee our workmanship unconditionally for our servicing and maintenance work. We acknowledge all complaints. Each complaint is rigorously dealt with within 7 working days of registering and once physically investigated, will result in an official response to the client concerning their complaint. Every effort will be made to resolve complaints irrespective of their nature bringing to a satisfactory conclusion any complaint received. If a complaint cannot be resolved between parties, even after mediation, the client has the right to seek legal redress to resolve such matters. This will not affect the statutory rights of the customer. We will, where required, install materials supplied to us by the client or retailer. However, from time to time we may be asked to supply both materials and labour. With regard to material supply, any surplus will remain the property of the supplier until paid for at which time the client becomes the rightful owner. We undertake not to remove from the works any materials under the rightful ownership of the client unless requested to do so. Materials paid for by the customer and provided by us will be refunded where applicable and in accordance with our Terms of Business. Materials paid for by the customer and supplied by a 3rd party retailer, must be returned to the retailer for a refund dependent upon the retailers Terms & Conditions. Should customers wish to cancel their installation in line with the Consumer Rights Act 2015 a full refund of any deposit amount will be refunded, however, if materials have been purchased and time/labour expended on behalf of the customer, these costs will be charged for with any outstanding balance due upon request after re-stocking charges have been taken into account.
Burston and Son Chimney Services
01 April 2016