1: Terms and conditions explained:
What you can expect from our services/engineers. Your rights and responsibilities and our rights and responsibilities
1.2: When these terms apply:
Before using our services; This agreement acts as a contract between 'us' Thermodynamics Ltd. and 'you' the customer. Upon your acceptance through Xero, our services will commence in accordance
with these terms.
The following definitions will apply: Us/We/Our refers to Thermodynamics Ltd. Work refers to any chargeable activity carried out by us on behalf of the
customer. Customer refers to the person or company for whom we have agreed to supply materials to and to carry out work for. You/Your refers to the person the customer Engineer/operative refers to any person directly employed or subcontracted to Thermodynamics Ltd.
2. Data Protection:
Any person data shared with us will be stored on our password protected Xero accountancy software database. This information will only be available to us and as such will only be used for our direct communication. This information will not be shared with third parties without your prior knowledge.
You may request to view any information stored at any time in accordance with GDPR laws. You have the right to opt out of any communication from us, should you wish to do so then please inform Thermodynamics Ltd. in writing and your personal information will be deleted from our database.
3. Appointment Booking:
We reserve the right to request deposits to secure your booking when an appointment is confirmed. The amount taken will be approximately 15% of the
total quoted figure and will show as a credit on the final invoice. If you wish to reschedule at any time we will always aim to accommodate your
needs wherever possible. Should you wish to cancel you appointment within your right to cancel notice period then your deposit will be returned in full provided terms of the right to cancel policy have been adhered to, section 11.
Where the time and date has been pre-booked we will endeavour to ensure that our engineer attends on time, unless unforeseen circumstances occur.
We cannot accept liability in respect of non-attendance or late third party subcontractors employed under your instruction. If our timescale is disrupted by others then any downtime will be recorded and may be charged back to you at our hourly rate per operative.
Your responsibilities; Provide us with clear instructions, anything we need to be aware if with regards to the property and any special requirements to be considered. Ensure we have clear access and egress to and from the work area, please let us know of any parking arrangements prior to work commencing. If you need to make any changes to the work detailed in the accepted quotation, please confirm this in writing by email, so a dated record may be kept for future reference. Our responsibilities; We will act in accordance with the Consumer Rights Act 2015 and all services will be carried out with responsible care and skill, within a reasonable time period. Any goods or parts supplied by us will be fit for purpose, of satisfactory quality
and will be as described To inform you of any changes in circumstance, price or time constraints prior to work commencing, or if a problem should arise which affects the work directly at that time:- NB: If we agree to carry out work as part of an existing system, we assume the rest of that system is in good working order and we cannot be held responsible for unforeseen damage or additional work required if this is not the case.
All quotations are a fixed price agreement between Thermodynamics Ltd. and you. As such the price quoted will not change and all liability will lie with us
should all of the above terms be adhered to. Should quoted materials not be required a credit will be made on completion of the work carried out, this may be subject to a restocking charge where applicable. Please note that no credit on the time taken to carry out the work described will be given unless the work carried out varies from the work described in the quotation. Labour rates include the costs incurred to procure materials and for the administration required to facilitate our services to you.
Until any materials are paid for in full as cleared funds; whether already installed or as part of out services, we shall retain ownership in respect of this agreement. Until such time that ownership has been passed to you, you are responsible for ensuring that the materials remain in satisfactory condition and are fully insured at replacement value. Whilst goods remain our property we have the absolute authority to; Retake, sell or otherwise deal with or dispose of all or any part of these goods. Enter any premises at any time and without prior notice, in which goods or any part thereof are installed, stored or are believed to be kept. Seek a court injunction prevent you from selling, transferring or otherwise disposing of such goods. Enter any premises at any time and without prior notice, in which goods or any part thereof are installed, stored or are believed to be kept. Seek a court injunction prevent you from selling, transferring or otherwise disposing of such goods.
We shall only be liable for the rectification of our own work and will not be held responsible for any ensuing damage or claims resulting from other work carried out by you or subcontractors employed by you. We shall not be held liable responsible for any for any defect or damage
resulting from work not fully guaranteed, or where recommended work has not been carried out. Under the current Gas Safe and IGEM regulations, where applicable, the attending qualified engineer will remain responsible for the gas installation they have inspected/worked on at your address. This will remain the case unless you are notified of an unsafe situation. In this instance an official warning notice will be issued to you notifying you of the classification and details of the unsafe situation. You will be required to sign the warning notice, to take responsibility for the installation. If you refuse to sign the warning notice and take responsibility for the installation then the gas transporter will be notified and they will exercise their duty of care as they see fit. Please note that the gas transporter is within their rights to terminate your gas supply at your boundary line in the case of natural gas.
9. Invoice and Payment:
Upon your agreement for us to carry out work on a callout or same-day basis, full payment will need to be made within 7 days of receipt of the invoice.
For quoted work the full amount as stated in the quotation will be due in less any deposit payed to secure an agreed date. Full payment will need to be made within 7 days from receipt of the invoice. A single method of payment is accepted when paying your deposit or balance. We only accept electronic bank transfer either via internet banking or via the cashier serviced offered at your local bank. In certain circumstances we will accept payment via cheque. You accept sole responsibility to make the payment in full, unless you disclose that you are acting on behalf of a third party when instructing us to carry out work and/or supply materials.
10. Satisfaction/Resolution Procedure:
Thermodynamics Ltd. are committed to providing a person and professional service to every customer. If you are not completely satisfied with the service provided then you must inform us in the form of written notice. You must allow us and our insurers, the opportunity to both inspect and carry out remedial work where appropriate. If you fail to notify us as outlined above, then we will not be liable for any defects in the work carried out.
If you wish to make a compliant regarding any aspect of the service you have received then please contact us in writing and we will respond with in one working day of receiving your complaint.
If you need to cancel or rearrange you booking, you must notify us 48 hours before the start date booked via email or telephone. Cancellations made with notice greater than 48 hours will receive confirmation of the cancellation in writing via email, in this case you will not be charged. If a cancellation is made with less than 48 hours notice you may be liable for restocking charges on materials procured, this will be deducted from the deposit given at the booking stage and in some cases may include all of the deposits given. Further details of this are contained within section 12 ‘Right to Cancel Noticeʼ.
If you are not satisfied with our response, please contact your local citizens advice customer service on 0344 411 1306, however in the first instance we
invite you to contact us directly and give us the opportunity to rectify any grievances as outlined in the statements above.
12. Right to Cancel
You as the customer have the right to cancel this contract and any supplied goods within 2 weeks/14working days after agreeing to our contract.
Any supplied goods must remain in unused condition and be in the original packaging and be as new in order for us to accept them in return. If you wish to send the unwanted goods back to us then please a signed for postal service with receipt of postage and tracking number for your own protection. We will not be held responsible for any goods lost in transit under your instruction. All returned goods must be sent to the address below.
You will be liable for the cost of cancelled supplied goods should they arrive to us damaged in any way unless they have been delivered to you in error or they were damaged on arrival. Proof of goods condition on receipt by you will need to be documented with the courier on on their arrival.
We cannot accept cancellations of installed or used materials.
Please let us know if you wish to cancel in writing either via email or to the following address:
11 Northfield Road
Cancellation will take effect on the day of received postage or email.
By accepting your quotation via Xero you confirm that you have read and agree
to our terms and conditions in full.