Terms & Conditions

1. For the purpose of these terms and conditions the following words shall have the following meanings:
   (a) “The Company” shall mean Ben Guest Services Limited.
   (b) “The Customer” shall mean the person or organisation for whom the Company agrees to carry out works and/or supply materials.
   (c) “Operative or Engineer” shall mean the representative appointed by the Company.
   (d) “total charge” shall mean the total cost of work undertaken on an labour and materials basis.
2. The customer’s acceptance of a quotation/estimate will not form a binding contract until work is commenced by the company
3. HOURLY RATE WORK – The total charge to the Customer shall consist of the cost of materials supplied by the Company (not exceeding the trade purchase price of materials + a maximum of 25%) and the amount of time spent by the operative in carrying out works (including all reasonable time spent in obtaining unstocked materials) charged in accordance with the Company’s current hourly rates and overtime rates applicable at the time. The Customer shall only be charged for the time spent related to the Customer’s work, all other time, personal mobile calls etc. is non-chargeable. All charges are exclusive to VAT at the prevailing rate except in cases where the work carried out is zero rated.
4. FIXED PRICE WORK – Shall mean where the company provides a fixed cost for work to be undertaken. The fixed cost shall include labour and materials for the work and will be costed at no more than 10% above the equivalent cost of undertaking the work on a time and materials basis. We reserve the right to vary a fixed cost by providing written notice to the customer in the following circumstances:
   1) where the customer’s instructions change in respect of the work, location of the work and/or materials used.
   2) where there has been an obvious error in the quoting of the fixed cost we reserve the right to change the higher/lower price.
   3) if after submission the cost of either materials or labour or any related cost to the company in association with the works changes
5. MINIMUM CHARGE – The company reserve the right to charge a minimum charge for any work undertaken.
6. ESTIMATES – If the total cost of the work undertaken is more than the estimate produced we reserve the right to change the total charge. We reserve the right to vary any estimate in the following circumstances:
   (a) if after submission of the estimate the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the estimate.
   (b) if after submission of the estimate there is an increase in the price of materials or any related cost to the company.
   (c) if after submission of the estimate it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared .
   (d) if after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.
   The Company shall not be under any obligation to provide an estimate to the Customer and shall only be bound (subject as hereinafter) by estimates given in writing to the Customer.
7. MATERIALS – Title to any materials, supplied by the Company to the Customer shall not pass to the Customer but shall be retained by the Company until payment in full for such materials has been made by the Customer to the Company.
   Until such time as title in the such materials has passed to the Customer:
   (i) the Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all any or part of such materials in which title remains vested in the Company,
   (ii) for the purpose specified in (i) above, the Company or any of its agents or authorised representatives shall be entitled at any time and without notice to enter any premises in which materials or any part thereof is installed, stored or kept, or is reasonably believed so to be.
   (iii) the Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferred or otherwise disposing of such materials.
   Notwithstanding the foregoing, risk in such materials shall pass on delivery of the same to the Customer, and until such time as title in such materials has passed to the Customer, the Customer shall insure such materials to their replacement value and the Customer shall forthwith, upon request, provide the Company with a certificate or other evidence of such Insurance.
8. APPOINTMENTS – The Company accepts no liability in respect of the non attendance or late attendance on site of the operative/engineer or for the late or non delivery of materials.
   The Company shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control, and the Company shall be entitled to a reasonable extension of the time for performing such obligations.
9. INVOICES are due for payment in full within 7 days of the invoice date. Any part of that invoice which remains unpaid after this period shall carry interest at the rate of 8% over the base rate, accruing on a daily basis from the due date after payment, until payment in full is received by the Company. The company reserves the right to claim interest under the late payment of commercial debts (interim) act 1998 and suspend services for any outstanding services. Time for payment shall be of the essence.
10. The Customer shall accept sole liability to discharge the Company's account unless he/she discloses to the Company when initially instructing the Company to carry out work and/or supply materials that he/she is acting on behalf of a third party (including, but not limited to, a Limited Company or Partnership)
11. If the Customer cancels their instructions prior to any work commencing or materials supplied then the company reserves the right to charge for any time or materials incurred.
12. If, after the Company shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice within 12 months to the Company and shall afford the Company, and its insurers, the opportunity of both inspecting such works, and carrying out any necessary remedial works if appropriate. The Customer accepts that if he/she fails to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.
13. GUARANTEE – The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of invoice with the manufacturers warranty in force.
    The Guarantee will become null and void if the work/appliance completed/supplied by the Company is:
    1) subject to misuse or negligence.
    2) repaired, modified or tampered with by anyone other than a Company operative.
    3) not handled/ used in accordance with the manufacturer’s instructions.
    The Company will accept no liability for, or guarantee suitability, materials supplied by the Customer and will accept no liability for any consequential damage or fault.
    The company will not guarantee any work in respect of blockages in waste and drainage systems etc.
    The company will not guarantee any work undertaken on instruction from the customer and against the written or verbal advice of the operative/engineer.
    Work is guaranteed only in respect of work directly undertaken by the company and payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the company will not be guaranteed.
    The company shall 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.
    The customer shall be solely liable for any hazardous situation in respect of Gas Regulations or Gas Warning Notice issued.
    Where the Company agrees to carry out works on installations of inferior quality or over ten years old at that date no warranty is given in respect of such works and the Company accepts no liability in respect of the effectiveness of such works or otherwise.
14. 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 of the Company and by the Customer. Further, these terms and conditions shall prevail over any terms and conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering into a contact with the Company the Customer agrees irrevocably to waive the application of any such terms and conditions.
15. These terms and conditions and all contacts awarded between the Company and Customer shall be governed and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English law.
16. LIMITATION OF LIABILITY – Subject to clause 14 the company’s total liability for any work undertaken, any loss or damage either indirect or direct (in contract tort or negligence) shall be limited to the level of the Company’s current insurance cover.