Terms and Conditions

Lindsey Maintenance Services Ltd, Terms and Conditions v1.0

1. Introduction

These are Lindsey Maintenance Services Limited (trading as Lindsey Group, Lindsey Heating and Lindsey’s) Terms & Conditions. They tell you:

• The rules for using our various services
• What Lindsey’s will provide you
• Your rights and responsibilities

2. When do these terms apply?

Please ensure you read these terms and conditions completely, before using our services, as by using any of our services, you are agreeing to these terms. The latest version available on our website will always apply and we will only update them if we alter the service we provide, add an additional service or any legal requirement we need to adhere to.

3. What are our “Services” this applies to?

Anything offered by Lindsey’s, across all the trades we cover (Boilers, Oil, Gas, Air-conditioning, Plumbing, Heating, Drains, Bathrooms, Water Services, Controls,

Electrics, Appliances, Emergencies, Residential and Commercial):

• Enquiries
• Quotations
• Project Work
• Installations
• Repairs
• Replacements
• Reports
• Inspections
• Advice
• Emergency Call Outs
• Servicing
• PPM
• Guarantees

4. Terminology

For the purpose of these terms & conditions the following words have the following meanings:

• “Us/We/Our” refers to Lindsey Maintenance Services Limited only.
• “You” refers to you: the customer (the person or organisation for whom we agree to carry out work and/or supply or materials).
• “Tradesperson/tradespeople” refers to the representative(s) appointed by Lindsey’s to carry out work.
• “Labour” means all time spent by our tradesperson carrying out work on your behalf, including all reasonable time spent in obtaining materials.
• “Materials” means, in respect of each job, all plant, hardware and fittings installed, supplied and/or purchased on your behalf by us.

We reserve the right to refuse or decline to undertake any work.

We reserve the right, at our absolute discretion, to designate the

tradesperson/tradespeople who will represent us.

5. Hourly rate

The total charge to you will consist of the cost(s) of:

• Labour (the amount of time spent by the tradesperson carrying out work) including all

reasonable time spent in obtaining non-stocked materials and any work connected travel time, charged in accordance with our current hourly rates.

• Materials supplied by us (not exceeding the trade purchase price of materials with our standard markup).
• You will only be charged for the time spent related to your work. All other time, i.e. lunch breaks, is non-chargeable. All charges are subject to VAT at the prevailing rate, except in cases where the work carried out is zero rated.

6. Fixed prices

The total charge to you will be given as a firm cost (manifest errors exempted), inclusive of labour & materials and will be within 10% over the equivalent total hourly rate cost. All costs are subject to VAT at the prevailing rate.

Where a written estimate has been supplied to you, the total charge outlined in the estimate

should not exceed the actual time taken by more than 20%, but may be revised in the following

circumstances, after submission of the estimate:

• If you instruct us (in writing or verbally) to carry out additional work not referred to in the estimate.
• If there is an increase in the price of materials.
• If it is discovered that further work needs to be carried out which were not anticipated when the estimate was prepared.
• If it is discovered that there was a manifest error when the estimate was prepared.

We will not be under any obligation to provide an estimate to you and will only be bound by

estimates given in writing to you and accepted by an authorised representative in writing. We will not be bound by any estimates given orally or in which manifest errors occur.

All quotations for work will be provided based on the information given to us by you. Any variations to the work following the issue of the estimate and prior to commencement of work shall result in a revised estimate being issued to you for acceptance.

7. Material collection and other expenses

Collection of non-stock items is chargeable, however time taken will be kept to a minimum and within reason. We shall also be entitled to recover the following incidental costs and expenses:

• All parking expenses incurred by us whilst providing our services to you.
• All London Congestion Charge payments incurred by us.
• A charge to cover the time spent travelling to and from a Property from the Company’s office, calculated by reference to the actual time spent travelling or a minimum of one hour charged at the prevailing rate set out in the Rates page whichever is the higher, in the event that the Customer fails to provide the Company and/or Engineer with access to the Property at the time which has been scheduled for work or an inspection to take place.
  

8. Invoices & Payment

Upon your agreement for us to carry out estimated or PreBooked work, a deposit payment of 50%

of the total is payable immediately. We reserve the right to request full payment in advance at our

discretion.

Upon completion of work you will be invoiced, for which payment is due on receipt. Lindsey’s reserves the right to accrue and charge interest on any part of an invoice which remains unpaid at a rate of 8% over the base rate, daily until payment is received by us in full.

The title to all materials supplied to you will remain the property of us, until the invoice has been paid in full.

Any queries to your invoice are to be made in writing no later than 14 days of the invoice date. If you fail to notify us within this time, the invoice is liable for payment in full without question by the shown due date.

You accept sole liability to make payment in full, unless you disclose when initially instructing us, to carry out work and/or supply materials that you are acting on behalf of a third party.

9. Unforseen Costs

You shall be liable to meet the cost of any additional work, services or fittings that need

to be provided to rectify any event or situation which arises during the course of the works that

are unexpected or are beyond our control. We cannot be held responsible for such events or situations.

10. Timekeeping

Where the date and/or time for work to be carried out is agreed, we will use reasonable endeavour

to ensure that the tradesperson attend accordingly. We accept no liability in respect of the non-

attendance or late-attendance on site of the tradesperson, or for the late or non-delivery of materials.

We will not be liable for any delay, or for the consequences of any delay, in performing any of our

obligations if such delay is due to any cause beyond our reasonable control, and we will be entitled

to a reasonable extension of the time for performing such obligations.

11. Cancellation

If you need to cancel (or rearrange) your booking, you must notify us (preferably by telephone)

24hrs before the scheduled booking. Cancellations made further in advance should also be made by telephone, and you should request written confirmation from us, so that you are not liable to be charged.

If you cancel your instructions within 24hrs, so more immediately prior to work being carried out, or materials being supplied, you will be liable for the cost of any time and materials incurred by us, together with the profit that would have been made by us, in accordance with the original instructions.

12. Satisfaction

Lindsey’s are committed to providing professional and a high quality service to every customer. If, after we have carried out the work, you are not wholly satisfied with our service(s) you must provide us with written notice within 12 months. 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 in respect of any defects in the work carried out.

13. Guarantee

For your peace of mind, we provide a 12 month guarantee on labour carried out by a Lindsey’s

tradesperson, in respect of faulty workmanship only. This is active from the date of completion of

work, in addition to any manufacturer’s warranty/warranties.

The guarantee will become null & void if the work/appliance completed/supplied by us is:

• Subject to misuse or negligence.
• Repaired, modified or tampered with by anyone other than a Lindsey’s tradesperson. We will accept no liability for, or guarantee suitability, materials supplied by you & will accept no liability for any consequential damage or fault.
• Any known pre-conditions not disclosed by you.

We will not guarantee any work in respect of:

• Blockages in waste or drainage systems
• Any work undertaken on instruction from you and against the written or verbal advice of the tradesperson.

Work is only guaranteed in respect of work directly undertaken by us and full payment having been

made. Any non-related faults arising from recommended work which has not been undertaken by us

will not be guaranteed.

Where we agree to carry out work on installations of inferior quality (or over ten years old) no

warranty is given in respect of such work and we accept no liability in respect of the effectiveness of such work or otherwise.

14. Liability

We will only be liable for rectifying our own guaranteed work, and will not be held responsible for

any ensuing damage or claims resulting from other work overlooked or subsequently requested and

not undertaken at the time.

We will 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 you have been notified by the tradesperson either verbally or indicated

in ticked boxes or in our comments/recommendations.

We shall not be held liable for any delay, or consequences of any delay, in performing our obligations if such a delay is due to any cause beyond our reasonable control and we shall be entitled to reasonable time extensions.

We will be entitled to fully recover the costs or damages from any tradesperson whose negligence or faulty workmanship makes us liable to pay for those damages or rectification of work.

You will be solely liable for any hazardous situation in respect of the Gas Safe Regulations or any

Gas Warning Notice issued by a Lindsey’s tradesperson. Our tradespeople operate under their own

individual Gas Safe Registration and, as such, are solely responsible for any gas related work and

subsequent liability.

15. Title to goods

Goods supplied and delivered by us to you, or your premises, shall remain our property until paid for by you in full. 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 notice, in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.
• Seek a court injunction to prevent you from selling, transferring or otherwise disposing of such goods.

The risk in such goods will pass to you on delivery to you. You must insure them at replacement

value, and if asked you must produce evidence that they are properly insured.

16. General

These terms and conditions may not be released, discharged, supplemented, interpreted, varied

or modified in any manner except by an instrument in writing signed by a duly authorised

representative and you. Our terms and conditions will prevail over any terms and conditions used by

you or contained, set out or referred to in any documentation sent to us by you. By entering into a

contract with us you agree irrevocably to waive the application of any of these terms and conditions.

These terms and conditions, and all contracts awarded between us and you, shall be governed and

construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the

English Law.

Lindsey Maintenance Services Ltd (trading as Lindsey Group) is a company incorporated in

England and Wales with registered number: 11726730

Our registered office and main trading address is: 340 The Crescent, Colchester Business Park, Colchester, Essex CO4 9AD

Our registered VAT number is: 312 3272 48