Terms & Conditions of Business
Energy Link Gas Connections Limited
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 the Supplier and the Customer for the provision Services incorporating these Terms and Conditions;
1.3 “Customer” means any person or authorised company representative, who purchases Services via the Supplier;
1.4 “Customer Request Form” means the on-line quotation request on this website, or the paper form completed by the Customer (or the Supplier, using information supplied by the Customer), providing particulars of the Customer's requirements;
1.5 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.6 “Proposal” means a statement of work, quotation or other similar document describing the Services;
1.7 “Services” means the services as described in the Proposal;
1.8 “Supplier” means Energy Link Gas Connections Limited (trading as E. L. Gas Connections), company number 07732715 registered in England & Wales whose usual place of business is at Clavering House, Clavering Place, Newcastle-upon-Tyne NE1 3NG;
1.9 “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 the Supplier;
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by or via the Supplier to the Customer and shall supersede any other documentation or communication between the Supplier and the Customer.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the Supplier.
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 the Supplier 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.
3.1 The Proposal for Services shall remain valid for the period set out in the Proposal for Services unless the Customer is provided with written notice that the Proposal has been withdrawn within this period.
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 Propsal may include Services that are to be perfomed by a third-party company or companies. By signing the Acceptance Form, the Customer agrees that the Supplier shall act as their agent/representative. The Supplier shall have the express consent of the Customer to enter into binding contacts on behalf of the Customer, with the third-party company or companies, named in the Proposal for the Services described in the Proposal. The applicable Terms and Conditions of business for the the named third-party company or companies shall also apply. By signing the Acceptance Form the Customer also agrees to be bound by the said Terms and Conditions of business for the third-party company or companies named in the Proposal.
3.4 The Agreement between the Supplier and the Customer, incorporating these Terms and Conditions, shall only come into force when the Supplier confirms the same in writing to the Customer. Prior to any confirmation the Supplier 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.
4. SERVICES AND DELIVERY
4.1 The Services are as described in the Proposal.
4.2 Any variation to the Services must be agreed by the Supplier in writing.
4.3 Any visual artwork, descriptions, or specifications contained in advertising material, marketing material, brochures or catalogues issued by the Supplier 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 the Supplier.
4.4 The Services will be delivered on the days and between the hours specified in the Proposal for Services. The Supplier may vary these times by intimating in writing details of the change to the Customer.
4.5 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 the Supplier shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery.
5. 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.
5.2 The price for any materials required to complete the Services is as specified 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. Payments can be made by BACS payment directly into the Supplier’s Bank Account (details to be supplied on request), or by cheque.
5.5 The Customer will pay interest on all late payments at a rate of 5% per annum above the base lending rate of Lloyds TSB Bank Plc.
5.6 The Supplier is also entitled to recover all reasonable expenses incurred in obtaining payment from the Customer where any payment due to the Supplier is late.
5.7 The Customer is not entitled to withhold any monies due to the Supplier. There is no right of set off in favour of the Customer applicable to the agreement between the Customer and Supplier.
5.8 The Supplier is 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;
and any variation must be intimated to the Customer in writing by the Supplier.
5.9 In the event that advance payment for Services has been made by the Customer via the Supplier to the third-party company or companies named in the Proposal and the third-party company or companies fails to provide the Services or the Customer cancels the Services within the time allocation permitted in these Terms and Conditions, the Customer shall be entitled to a refund, less any cancelation charges payable.
5.10 The Customer may cancel the Services on giving no less than 20 working days notice. Any deposit paid shall be non- refundable. In the event that less than 20 working days notice is given then the Customer shall pay to the Supplier the full amount due to be paid for the cancelled Services and shall otherwise be recoverable as a debt by the Supplier against the Customer.
6. CUSTOMER OBLIGATIONS
6.1 The Customer must fully and accurately complete and return the Customer Request Form to the Supplier. Failure to provide full and accurate information (whether or not on the Customer Request Form), may result in the requirement for the Supplier 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 the Supplier of any new information or changes to their requirements that may affect the cost or delivery of the Services.
6.2 The Customer will co-operate with all reasonable requests by the Supplier.
6.3 The Customer will apply for, obtain and meet the cost of all necessary consents, approvals and permissions required to complete the Services prior to the commencement of the work. A consent, approval or permission may take the form of a legal easement and the Customer shall be responsible for the payment of all associated fees and legal costs.
6.4 The Customer shall upon acceptance of the Proposal, comply with all conditions laid down and all obligations placed upon the Customer, by the Proposal. By accepting the Proposal the Customer also agrees with any assumptions detailed in the Proposal.
6.5 The Customer shall be liable for any expenses incurred by the Supplier as a result of the Customers failure to comply with the obligations as defined by these Terms and Conditions.
7. SUPPLIER OBLIGATIONS
7.1 The Supplier shall co-ordinate the Services as specified in the Proposal.
7.2 The Supplier 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 The Supplier shall comply with all relevant health and safety obligations.
7.4 The Supplier shall act as the Customer's agent/representative, when dealing with the third-party companies named in the Proposal.
7.5 The Supplier shall take all reasonable steps to co-ordinate the Services within the time agreed with the Customer.
8.1 The Customer may cancel the Services by notifying the Supplier no less than 20 working days of the date that the Services are due to commence. Any monies paid by the Customer will be refunded in full subject to the agreement of any third-party company or companies named in the Proposal and the deduction of any administration charges as determined by the Supplier and/or the named third-party company or companies.
8.2 If the Customer cancels or re-schedules the Services with less than the acceptable period of notice as specified in Condition 8.1 the Supplier will, in its absolute discretion, be entitled to charge the full cost of the Services that were due to be provided as set out in the Proposal but, in any event, no monies paid by the Customer in advance by way of deposit or otherwise will be refundable.
8.3 If the Customer gives the Supplier less than 10 working days notice to request that the Services are re-scheduled, the Supplier will attempt to meet this requirement which the Customer acknowledges shall be subject to availability. The Customer shall be liable for the payment of any aborted visit or re-scheduling charges imposed by the third-party company or companies named in the Proposal.
9. DEFECTIVE SERVICES
9.1 If the Services are found to be defective in accordance with these Terms and Conditions then the Supplier shall take all reasonable steps to rectify the deffect. Where the Services are carried out by a third-party company or companies, the Supplier shall use best endeavour to achieve redress on behalf of the Customer.
9.2 Where the Services are defective or do not comply with the Agreement the Customer must notify the Supplier by telephone within 24 hours of the Services being carried out, or 24 hours from the time the defect is ascertained, whichever is the sooner. This oral notification must be sent by the Customer to the Supplier in writing within 48 hours of the oral notification having been made.
9.3 If the Customer has not paid for the Services in full by the date the defect in Services is notified to the Supplier then the Supplier has no obligation to remedy the defect in terms of this Condition 9.
9.4 If the Customer has complied with clause 9.2 and the defect is not capable of remedy then the Customer must send a formal written complaint to the Supplier within 7 days of the matter complained of. Failure to do so will prejudice the Customer’s contractual rights that may exist against the Supplier. Unless this clause is complied with by the Customer, the Customer accepts there shall be no further right of action against the Supplier for breach of contract save for any statutory rights the Customer may have, and subject to these terms and conditions.
10. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights, registered or unregistered, including but not limited to patents, trademarks, design rights and know-how remain the property of the Supplier and cannot be used by the Customer without the written permission of the Supplier.
11. PROPERTY AND RISK
11.1 Risk in any property or materials used to provide the Services shall pass from the Supplier to the Customer when the property or materials leave the premises of the Supplier or on delivery if the Supplier is transporting the items.
12.1 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 or until terminated by either party in accordance with these Terms and Conditions.
12.2 The Customer may terminate the Agreement if the Supplier fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 4 weeks after notification of non-compliance is given.
12.3 The Supplier may terminate the Agreement if the Customer has failed to make over any payment due within 4 weeks of the sum being requested.
12.4 Either party may terminate the Agreement by notice in writing to the other if:
12.4.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
12.4.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
12.4.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
12.4.4 the other party ceases to carry on its business or substantially the whole of its business; or
12.4.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
12.5 In the event of termination the Customer must make over to the Supplier any payment for work done and expenses incurred up to the date of termination.
12.6 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
13.1 The Supplier warrants that the Services will be performed using all reasonable skill and care.
13.2 Without prejudice to clause 13.1 and except as expressly stated in these Terms and Conditions, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the Services to be provided by the Supplier.
14. LIMITATION OF LIABILITY
14.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier 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.
14.2 The Supplier 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.
14.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
The Customer shall indemnify the Supplier against all claims, costs and expenses which the Supplier may incur and which arise directly or indirectly from the Customer’s breach of any of its obligations under these Terms and Conditions.
16. 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.
The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Supplier.
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.
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.
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Proposal or such other address as such party may from time to time have communicated to the other in writing, 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.
21. ENTIRE AGREEMENT
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
22. 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 3. 01/08/2014.