Gas Connections & Gas Meters
Terms & Conditions
Terms & Conditions of Business of E. L. Gas Connections Ltd for Gas Connections & Gas Meters
1.0 DEFINITIONS
The following expressions shall have the following meanings:
1.1 “Acceptance Form” means the form signed by the Customer formally accepting the Proposal;
1.2 “Agreement” means the contract between Us and the Customer for the provision Services incorporating these Terms and Conditions;
1.3 “Customer” means any person or authorized company representative over the age of 18 who purchases Services from Us;
1.4 “Customer Request Form” means the on-line quotation request on Our website, or the paper form completed by the Customer (or Us, using information supplied by the Customer), providing particulars of the Customer’s requirements;
1.5 “Proposal” means a statement of work, quotation or other similar document describing the Services;
1.6 “Services” means the services as described in the Proposal;
1.7 “Us”, “We” or ”Our” means Energy Link Gas Connections Limited registered in England & Wales, trading as E. L. Gas Connections Ltd;
1.8 “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by Us;
2.0 GENERAL
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by Us to the Customer and shall supersede any other documentation or communication between the Us and the Customer.
2.2 Any variation to these Terms and Conditions must be agreed in writing by Us.
2.3 Except as expressly provided herein, nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which We may be entitled in relation to the Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
3.0 PROPOSAL
3.1 The Proposal for Services shall remain valid for the period set out in the Proposal for Services unless the Customer is provided notice that the Proposal has been withdrawn.
3.2 The Proposal must be accepted by the Customer in its entirety. The Customer shall be deemed to have accepted the Proposal by signing the Acceptance Form.
3.3 The Proposal may include Services that are to be performed by third-party suppliers. By signing the Acceptance Form, the Customer agrees that We shall act as their representative. We shall have the express consent of the Customer to enter into binding contacts on behalf of Us and the Customer, with the third-party suppliers named in the Proposal, for the Services described in the Proposal.
3.4 The Agreement between Us and the Customer, incorporating these Terms and Conditions, shall only come into force when We confirm the same in writing to the Customer. Prior to any confirmation We shall not be under any obligation to provide any Services whether described in the Proposal for Services or otherwise until the Customer has accepted the Proposal for Services and these Terms and Conditions.
3.5 The Customer must fully and accurately provide information to Us to enable the production of the Proposal. Failure to provide full and accurate information (whether or not on the Customer Request Form) may result in the requirement for Us to repeat the Services which may incur additional charges to those already agreed. These additional charges may be in the form of a variation to the sum previously quoted to and accepted by the Customer. The Customer shall take all reasonable steps to inform Us of any new information or changes to their requirements that may affect the cost or delivery of the Services.
4.0 SERVICES AND DELIVERY
4.1 The Services are as described in the Proposal.
4.2 Any variation to the Services must be agreed by Us in writing.
4.3 Any visual artwork, descriptions, or specifications contained in advertising material, marketing material, brochures or catalogues issued by the Us are for the sole purpose of giving an approximate idea of the Services and will not form part of any Agreement unless otherwise agreed in writing by Us.
4.4 Dates given for the delivery of Services are estimates only and not guaranteed. Time for delivery shall not be of the essence of the Agreement and We shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery.
5.0 PRICE AND PAYMENT
5.1 The price for Services is as specified in the Proposal and is inclusive of VAT where applicable and any other charges as outlined in the Proposal.
5.3 The terms for payment are as specified in the Proposal.
5.4 The Customer must settle all payments for Services at the time of accepting the Proposal.
5.7 The Customer is not entitled to withhold any monies due to Us. There is no right of set off in favour of the Customer applicable to the agreement between the Customer and Us.
5.8 We are entitled to vary the price to take account of:
5.8.1 any additional Services requested by the Customer which were not included in the original Proposal;
5.8.2 any increase in the cost of labour, materials or equipment;
5.8.3 any additional work required to complete the Services which was not anticipated at the time of the Proposal;
5.8.4 any additional work required due to inaccurate information or omissions by the Customer, whether or not on the Customer Request Form.
6.0 CUSTOMER OBLIGATIONS
6.1 The Customer shall co-operate with all reasonable requests from Us or Our sub-contractors.
6.2 The Customer shall apply for, obtain and meet the cost of all necessary approvals and permissions required to complete the Services prior to the commencement of the work.
6.3 The Customer shall upon acceptance of the Proposal, comply with all conditions laid down and all obligations placed upon the Customer, by the Proposal.
6.3 The Customer shall be liable for any expenses incurred by the Us as a result of the Customers failure to comply with the obligations as defined by these Terms and Conditions.
7.0 OUR OBLIGATIONS
7.1 We shall co-ordinate the Services as specified in the Proposal.
7.2 We shall co-ordinate the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice.
7.3 We shall comply with all relevant health and safety obligations.
7.4 We shall act as the Customer’s agent/representative, when dealing with the third-party suppliers named in the Proposal.
7.5 We shall take all reasonable steps to co-ordinate the Services within the time agreed with the Customer.
8.0 TERMINATION
8.1 The Agreement shall continue until the Services have been provided in terms of the Proposal or any subsequent date as mutually agreed in writing by both parties. We may terminate the Agreement if the Customer has failed to make over any payment requested or has failed to comply with any conditions or obligations specified in the Proposal.
9.0 LIMITATION OF LIABILITY
9.1 Nothing in these Terms and Conditions shall exclude or limit Our liability for death or personal injury, however the We shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services.
9.2 We shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
9.3 For the avoidance of doubt, time shall not be of the essence and We shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
10.0 INDEMNITY
The Customer shall indemnify Us against all claims, costs and expenses which We may incur and which arise directly or indirectly from the Customer’s breach of any obligations under these Terms and Conditions.
11.0 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials
from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
12.0 ASSIGNMENT
The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without Our prior written consent.
13.0 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
14.0 WAIVER
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
15.0 NOTICES
Any notice given Us to the Customer may be served by email, fax, personal service or by post and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
16.0 ENTIRE AGREEMENT
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
17.0 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Version 1.0 1st August 2012.
Company Details
E. L. Gas Connections is a trading name of Energy Link Gas Connections Limited. Company registered in England & Wales, Number: 07732715. VAT Number: 123001684.
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