Terms of service
These are the terms and conditions (referred to in this document as ‘terms’) for Jacob and Jacob limited and they set out the rules for using our services, your rights and responsibilities as our customer and our responsibilities to you.
For the purposes of these terms and conditions the following words have the following meanings:
- “these terms” refer to these terms and conditions
- “Customer” means the customer for whom the materials are supplied for and works are carried out by Jacob and Jacob
- “You” and “your” refers to you the customer
- “We” , “Us” , “Our” refers to Jacob and Jacob Limited
- “Tradesperson” , “engineer” , “technician”, “tradespeople” refers to our representatives appointed by Jacob and Jacob to provide our services.
- “In writing” means on paper delivered to the business address or by email exchange where receipt of the instruction is acknowledged by us.
Services means anything offered by Jacob and Jacob including but not limited to:
- Preplanned maintenance
- Project works
No customers conditions will override the terms laid out here. All quotation, estimates, contracts, instructions given by the customer and work authorisations are subject to this and the following conditions, orders are accepted only upon and subject to these conditions.
Any qualification or variation of these conditions in the customer’s order or acceptance shall be inapplicable unless accepted by the company in writing.
All other terms and conditions which might be implied by conduct or a previous course of dealing or trade custom are excluded from this contract.
The latest version always applies and will only be changed if we make changes to the services we offer or to comply with legal and regulatory changes.
Nothing in this Contract is intended to confer on any person any right to enforce any term which that person would not have but for The Contracts (Rights of Third Parties) Act 1999. Accordingly, a person who is not a party to this Contract shall have no rights under that Act to enforce any of its terms, but this does not affect any right or remedy of such person which exists or is available apart
from that Act.
The Price, Estimates, Quotes, changes and additional works
Hourly Rate work
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 materials not stocked by us, charged at our hourly rates.
- Materials supplied by us
Fixed Price Work
The total charge to you will be provided as a fixed cost (manifest errors exempted), inclusive of labour & materials. All costs are subject to VAT at the current rate.
Where a written estimate has been supplied to you, the final cost will not exceed the estimation unless one of the following occurs:
- If, after submission of the estimate, you instruct us (in writing or verbally) to carry out additional work not referred to in the estimate.
- If, after submission of the estimate, there is an increase in the price of materials.
- If, after submission of the estimate, it is discovered that further work needs to be carried out which were not anticipated when the estimate was prepared.
- If, after submission of the estimate, it is discovered that there was a manifest error when the estimate was prepared.
We will not be bound by any estimates given orally or in which manifest errors occur. Only estimates and quotations given in writing and signed by an authorised representative of Jacob and Jacob will be binding.
Invoices & Payment
Upon your agreement for us to carry out estimated 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. Jacob and Jacob reserves the right to accrue and charge interest on any part of an invoice which remains unpaid at a rate of 4% over the base rate until payment is received by us in full.
You accept sole liability to make payment in full.
We will do all we can to attend at the date and time agreed in writing. We accept no liability for the non-attendance or late-attendance on site of the tradesperson, or for the late or non-delivery of materials.
If a delay is due to any cause beyond our reasonable control we will be entitled to a reasonable extension of the time for performing such obligations.
If you cancel your instructions after giving authorisation for works to commence, 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.
If, after we have carried out the work, you are not wholly satisfied with our service 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 then we will not be liable in respect of any defects in the work carried out.
We provide a 12 month guarantee on labour carried out by a Jacob and Jacob tradesperson, in respect of faulty workmanship only. This is active from the date of completion of work, in addition to any manufacturer’s warranty.
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 Jacob and Jacob tradesperson.
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 with 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 work is carried out with external influences beyond our control, the guarantee will not be valid. If the work has been carried out against our advice or where the condition of the building may affect the reliability of the installation, the guarantee will not be valid.
We will not be held liable for issues arising from neglecting recommendations made by us.
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 titled to reasonable time extensions.
Jacob and Jacob will use all reasonable endeavours to carry out the Works on the agreed dates, but shall not be under any liability to the Customer if it should be either impossible or impracticable to carry out the Works on the agreed dates or at all, by reason of strike, lock out, industrial dispute, act of God or any other event or occurrence beyond our control.
Title to Goods
Goods supplied and delivered by us to you, or your premises, will remain our property until paid for by you in full. The goods remain entirely as our property, as such we reserve the right to:
- Retake, sell or dispose of these goods
- Enter any premises, at any time and without notice where it may be reasonable to expect out good to be.
- Seek a court injunction to prevent you from selling, transferring or otherwise disposing of such goods.
- Unless agreed in writing between the parties, the Customer will be responsible for the removal from site of all waste materials resulting from the Works.
The risk in such goods will pass to you on delivery to you. You must insure them at replacement value.
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.