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1.Introduction

These represent the terms and conditions for using our services. What you can expect from Tectum Limited. Your rights and responsibilities.

 

2.When these terms apply

2.1 It is important that you read these terms before using our services. By using our services, you are agreeing to these terms. You are also agreeing to our Terms of Use, Privacy and Cookie Policies.

2.2 The latest version always applies and our Terms and Conditions can be updated without notice.

 

3.What do we mean by ‘Services’?

3.1 Quotes Project Work Installations Repairs Emergency Call Outs Servicing Guarantees

 

4.Terminology

4.1 In these terms and conditions, the following terms are explained:-‘Us/We/Our/Tectum’ refers to Tectum Limited.‘You/Customer’ refers to you: the customer (the individual or organisation, for whom we agree to carry out work and/or supply materials).‘Engineers/Tradesperson/Tradespeople’ refers to the representatives(s) appointed by Tectum to carry out work.‘Contract’ means the agreement between the Customer and Tectum to carry out the Works of which these terms form a part and (where these terms are a schedule to a signed agreement between the Customer and Tectum) that agreement.‘Works’ means the works described in Tectum’s quote and/or as referred to in Tectum’s Report or any other document or email issued by Tectum, as may be varied by agreement in writing between the parties.

4.2 For the purposes of these terms, ‘in writing’ and ‘written’ include by email and any document which is set out in a hand held device and any signature on a hand held screen shall be treated as in writing.

4.3 In these terms words importing the masculine gender also include the neuter and the feminine gender and words importing the singular number include also the plural number, where the context so requires.

4.4 We reserve the right to refuse or decline to undertake any work. We reserve the right, at our absolute discretion, to designate the engineer/tradesperson/tradespeople who will represent us.

4.5 You will be charged for the time spent related to your work to include travel, materials, congestion charges (if applicable) and parking rounded up to the nearest hour. All other time, ie 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.

 

5. The Price, Quotes and Variations

5.1 Any quote by Tectum is subject to withdrawal by Tectum at any time before receipt of an acceptance from the Customer and shall be deemed to be withdrawn unless so accepted within 7 days from its date.

5.2 Where Tectum provides the Customer with a quote which is accepted by the Customer in accordance with its terms, that quote is a firm, fixed price quotation unless otherwise specified by Tectum in the quote and also except as follows:

5.3 A quote is based on the information made available to Tectum by the Customer. If during the conduct of the Works it becomes apparent to Tectum that the information was either incorrect or insufficient in any respect that Tectum considers to be material, Tectum reserves the right to inform the Customer and to increase the estimated price to take account of the revised information; and

5.4 If prior to carrying out the Works, there is an increase to Tectum of more than 1% in the cost of any relevant parts, materials or other items, equipment hire or transport since the date upon which Tectum’s quote was provided, Tectum reserves the right to inform the Customer and to provide a revised estimate incorporating that increase. In this event, the revised estimate will apply unless the customer cancels the contract before the Works are begun or, if earlier, within 48 hours of the revised estimate being provided.

5.5 Tectum’s standard Charges are available for inspection both on Tectum’s website (www.tectum.co.uk) and at Tectum’s premises during normal business hours. The standard rate specifies hourly rates. There is a minimum charge of one hour. Subject to that, charges are made by the hour, rounded up to the next hour.

5.6 If the Works involve a diagnostic process to ascertain the cause or source of a fault or breakdown and during that process an item is ascertained by Tectum to be faulty and is replaced, the Customer will be liable to pay for that replacement even if the breakdown was caused in whole or in part by a different fault.

5.7 Tectum will be entitled, in accordance with market practice, to charge a mark-up on any parts, materials and other items supplied by it, subject to a maximum mark-up of 65% of the actual cost paid by Tectum for the relevant item. The mark-up will reflect, at Tectum’s sole discretion, the level of trade or other discount that Tectum was able to obtain from the relevant supplier.

5.8 Unless otherwise stated, the price and all estimates provided by Tectum are shown exclusive of Value Added Tax which will be payable in addition, where properly chargeable.

 

6. Works

6.1 All descriptions, illustrations, etc. contained in any catalogues, price lists or advertisements, or otherwise communicated to the Customer, are intended merely to present a general idea of the Works and nothing contained in any of them shall form a part of the Contract.

 

7. Material collection

7.1 Collection of parts/materials is chargeable.

7.2 For materials, parts or other items that are not carried as part of Tectum’s standard van stock, unless it is with respect to Works for which there is an estimate which includes all collection fees, Tectum charges a fixed collection fee of £50 plus VAT. Where an item is not easily sourced or generally held by the major suppliers used by Tectum and it considers that significant time will need to be spent tracing and then collecting it, Tectum will inform the Customer and, unless the Customer sources the item itself, this will be charged on a time basis as per Tectum’s standard charges. It should be noted that this is an infrequent occurrence.

 

8. Invoices, Payment and Title

8.1 Payment by the Customer is due on completion of the Works. Payment must be made on such completion.

8.2 Snagging – where the Works have been completed subject to snagging, 97.5% of all amounts outstanding must be paid on such completion and the Customer must provide access to Tectum with out delay to enable the snagging to be finalised. The balance of 2.5% will become payable upon the finalisation of the snagging or, if access has not been made available to carry out the snagging within 14 days of completion, at the expiry of such 14 day period.

8.3 Where the Customer is represented by a third party (such as a managing agent, tenant or other occupier, contractor or other representative), in the event of non-payment by the customer, the third party will be responsible for payment unless Tectum has agreed otherwise in writing.

8.4 Tectum shall not be required to issue or deliver any certificates, guarantees or other similar documents regarding the Works until payment has been made in full.

8.5 Title in all parts, materials and other items supplied by Tectum shall not pass to the Customer until payment for the Works has been made in full.

8.6 Upon your agreement for us to carry out quoted or pre-booked work, a deposit payment of 50% of the total cost is payable immediately. We reserve the right to request full payment in advance at our discretion.

8.7 Upon completion of work you will be invoiced, for which payment is due on receipt. Tectum reserves the right to accrue and charge interest at 8%, plus late payment charges of £50.00 per week.

 

9. Timekeeping

9.1 Dates specified for the commencement and completion of the Works are estimates only. Tectum shall use all reasonable endeavours to ensure that it will attend on the date and time agreed. Where the date and/or time for work to be carried out is agreed, we will use reasonable endeavour to ensure that the engineer attends accordingly. We accept no liability in respect of the non-attendance or late-attendance on site of the engineer, or for the late or non-delivery of materials.

9.2 We will not be liable for any delay, or for the consequences of any delay, in performing any of our obligations. Time shall not be of the essence of the Contract.

 

10. Permits, Licences, other Consents and Access

10.1 It is the responsibility of the Customer to obtain all permits, licences and other consents in connection with the Works unless Tectum agrees otherwise in writing. The Customer shall provide clear access to enable Tectum to undertake the Works and will make all necessary arrangements with the proper persons or authorities for any traffic controls and signals required in connection with the carrying out of the Works.

10.2 The Customer will at all times provide a safe working environment for Tectum and its employees, agents and sub-contractors for the purposes of carrying out the Works. Tectum will not be required to enter any property when they are occupied by the only occupant is a minor.

10.3 The Customer will provide all necessary power and a clean water supply for Tectum’s use in the execution of the Works.

10.4 Where applicable to drainage works, the Customer will provide, if possible, a plan showing drain layouts. If this is not available, Tectum reserves the right to render additional charges at the relevant applicable rate in accordance with our standard charges if a blockage occurs in drains not covered by the specifications or if it is necessary to trace unidentified drains to complete the Works.

10.5 The Customer must obtain any permission for Tectum to proceed over property belonging to third parties if this is necessary to carry out work on property belonging to third parties. The Customer shall indemnify Tectum against all claims of whatsoever nature made by such third parties arising out of the presence of Tectum, its employees, agents or sub-contractors on the Customer’s or such third parties’ property save where such claim results directly from negligence on Tectum’s part. The Customer shall be liable to Tectum for all loss or damage whether direct, indirect or consequential which is suffered by Tectum as a result of failure or delay by the Customer in performing the obligations referring to in this paragraph.

10.6 All fixtures and fittings in working areas shall be removed by the Customer before commencement of the Works at the Customer’s expense. Tectum may remove at the Customer’s expense any fixture or fitting so removed other than damage proved to be caused by Tectum’s negligence.

 

11. Frozen Pipes

11.1 Tectum will not be liable for any fracture found in frozen pipes attended by Tectum. Tectum will not guarantee to clear blockages occurring in a frozen pipe or drain.

 

12. Removal of Waste Materials

12.1 We are responsible for the removal of waste from site, under a Waste Removal license, which is chargeable to the Customer.

 

13. Force Majeure

13.1 Tectum will use all reasonable endeavors 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 Tectum’s control.

 

14. Inspection of Works and Complaints Procedure

14.1 The Customer shall inspect the Works as far as it is reasonable possible to do so immediately upon their completion (though failure to countersign the relevant Works report shall not imply rejection of the Works) and, if it considers that the Works or any part thereof are not in accordance with the Contract, it shall within 7 days from the date of inspection give detailed notice in writing thereof, in the absence of any such notice, the Works shall be conclusively presumed to be complete and free from any defect which would be apparent on reasonable examination.

14.2 If the Customer gives Tectum a notice that the works or any part thereof are not in accordance with the Contract, Tectum shall be given access to the site to examine the complaint and, if Tectum agrees that the Works were not complete in accordance with the Contract, to make good, at Tectum’s own cost and expense, any defect. If the Customer involves a third party contractor prior to exhausting the procedure recommended by the relevant accreditation body, any such involvement shall be at the Customer’s own cost and expense and Tectum shall be entitled to payment in full in accordance with our terms above.

 

15. Defects

15.1 Subject to the above (14) and the exclusions listed below (15.4), Tectum undertakes to repair or make good any defect as a result of our workmanship in completed work which appears within 12 months of completion of the same to the extent that such defect arises from a breach of Tectum’s obligations under the Contract and provided that details of the defect are notified by the Customer to Tectum in writing within such period and that Tectum and its insurers are given the opportunity of inspecting the work and the alleged defect. This undertaking shall only apply to work carried out and completed and invoice by Tectum and which is paid for by the Customer by the due date for payment ascertained in accordance with terms above.

15.2 If Tectum returns to the site at the Customer’s request to review a claim under this undertaking and it transpires that the defect had not arisen as a result of a breach of the Contract on the part of Tectum, Tectum reserves the right to charge the Customer for the visit at its standard rate.

15.3 Tectum reserves the right not to carry out any work under this paragraph (16) where the Customer cannot evidence that the work was originally carried out and completed by Tectum or where payment has not been made in full for such work.

15.4 The exclusions referred to above are: Parts, materials and other items will be provided only with the benefit of the manufacturer’s and/or supplier’s guarantee, to the extent available and are not guaranteed by Tectum. Customers are liable to complete all guarantee, warranty, etc forms. Systems or structures not installed by Tectum. Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to Tectum prior to the work having been undertaken. Defects resulting from misuse, willful act, or faulty workmanship by the Customer or anyone working for or under the direction of the Customer (other than Tectum).Structural defects encompassing but not limited to subsidence and its resultant effect. Damage to drainage systems caused by root penetration or any other outside force. Any roofing work where Tectum advised that the overall condition of the roof is poor and is in need of more extensive work and the work to be undertaken involves less that 20% of the area of the roof. Any works to repair an existing lock, or to fit any lock not supplied by Tectum.

 

16. Cancellation

16.1 If you need to cancel (or rearrange) your booking, you must notify us (preferable by email) by midday of the working day before the scheduled booking. Cancellations made further in advance should also be made by email, and you should request written confirmation from us, so that you are not liable to be charged.

16.2 If you cancel your instructions 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. There will also be an Attend and No Access cancellation fee of £300 + VAT.

16.3 If the customer cancels the Contract without Tectum’s agreement, the Customer shall indemnify Tectum against all loss, damage, claims or actions arising out of such cancellations unless otherwise agreed in writing, and for the avoidance of doubt any such cancellation is without prejudice to Tectum’s right to payment in accordance with paragraph 9 above or the cancellation charges paragraph 17.

 

17. Guarantee

17.1 For your peace of mind, we provide a 12 month guarantee on labour carried out by a Tectum engineer, in respect of faulty workmanship only. This is active from the date of completion of work, in addition to any manufacturer’s warranty/warranties.

17.2 The guarantee will become null and 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 Tectum engineer. We will accept no liability for, or guarantee suitability, materials supplied by you and will accept no liability for any consequential damage or fault.

17.3 We will not guarantee any work in respect of: Blockages in waste or drainage systems. Any work undertaken on instruction from you against the written or verbal advice of the tradesperson.

17.4 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.

17.5 Where we agree to carry out work on installations of inferior quality no warranty is given in respect of such works and we accept no liability in respect of the effectiveness of such work or otherwise.

 

18. Liability

18.1 These terms set out Tectum entire liability in respect of the Works and Tectum’s liability under them shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities, expressed or implied, in respect of the Works and the quality thereof.

18.2 Tectum’s liability shall be limited to: The repair or making good of any defect pursuant to its undertaking described above. The reasonable costs of repair or reinstatement of any loss or damage to the Customer’s property if such loss or damage results from Tectum’s negligence or that of its employees, agents or sub-contractors and the Customer incurs such costs.

18.3 Tectum will not be responsible for damage suffered to a part of the Customer’s property (whether or not Tectum is working on that part) where that damage is in whole or in part a consequence of a defect or weakness in that part of the property.

 

19. Customer’s Liability

19.1 The Customer shall, in addition to its liability as described above and below, be liable for: Any loss, damage or injury, whether direct, indirect or consequential, resulting from failure or delay in the performance of the Customer’s obligations in connection with the Contract. The safety of both plant and machinery belonging to or hired by Tectum or its employees, agents or sub-contractors and shall indemnify Tectum against its loss, theft or damage.

19.2 The Customer shall indemnify Tectum against all actions, suits, claims, demands, losses, charges, costs and expenses which Tectum may suffer or incur resulting from a failure or delay in the performance of the Customers obligations, undertakings, representations or warranties in connection with the Contract.

19.3 We will only be liable for rectifying our own guaranteed work, and will not be held responsible for any ensuing damage or claims resulting form other work overlooked or subsequently requested and not undertaken at the time.

19.4 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.

19.5 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.

19.6 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.

19.7 You will be solely liable for any hazardous situation in respect of the Gas Safe Regulations or any Gas Warning Notice issued by a Tectum engineer. Our engineers operate under Gas Safe Registration and/or NICEIC. Customers to advise their own insurance company of any planned works.

 

20. Title to Goods

20.1 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.

20.2 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.

 

21. General

21.1 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.

21.2 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.

21.3 Tectum Limited is a company incorporated in England and Wales with registered number:04437746. Our main trading address is Broctons Farmhouse, The Old Stables, Rook End Land, Debden CB11 3LR. Our registered VAT number is: 809 9681 78