Eastside Gas Ltd Terms and Conditions

Company: Eastside Gas LTD, Eastside Gas Ltd Tedder Road NR324DD [Gas SafE Number 661088] (hereinafter referred to as "the Company", "we", "us", or "our").

Client: The individual or entity requesting goods and/or services from the Company (hereinafter referred to as "the Client", "you", or "your").

Agreement: These Terms and Conditions ("Terms"), together with the accepted final Written Quotation ("Quotation"), form the binding legal agreement ("Agreement") between the Company and the Client. By instructing the Company to commence Work (as defined below) or accepting a Quotation, the Client explicitly agrees to be bound by these Terms.

1. Definitions

Work: All services, labour, installation, repairs, maintenance, and associated tasks to be performed by the Company as detailed in the Quotation.

Estimate: A preliminary, non-binding indication of the likely cost of the Work based on initial information.

Quotation: A formal, written offer detailing the specific Work to be undertaken and the fixed price for that Work, valid for a specified period (typically 30 days unless otherwise stated).

Materials: All goods, components, parts, and supplies required to complete the Work.

Site: The property or location where the Work is to be carried out.

Completion: The stage at which the Work described in the Quotation has been finished by the Company, subject to any minor snagging items.

2. Estimates and Quotations

2.1 Estimate: An Estimate is provided for guidance only and is not a binding offer. It is based on a visual inspection and/or information provided by the Client. We reserve the right to revise an Estimate or withdraw it if unforeseen issues or changed circumstances become apparent.

2.2 Quotation: Following an assessment or based on detailed requirements, we will provide a written Quotation. This Quotation details the specific Work included and the total price (inclusive of VAT unless stated otherwise).

2.3 Acceptance: The Agreement is formed when the Client provides clear written acceptance (including email) of the Quotation.

2.4 Validity: Quotations are valid for acceptance for 30 days from the date of issue, unless otherwise specified in the Quotation. After this period, we reserve the right to withdraw or revise the Quotation.

2.5 Scope: The agreed price in the Quotation covers only the Work detailed therein.

3. Variations and Unforeseen Circumstances

3.1 Client Changes: If the Client requests changes to the scope of Work after accepting the Quotation, we will provide a revised or supplementary Quotation for the additional Work. Such changes will only be undertaken upon written acceptance of the revised/supplementary Quotation.

3.2 Unforeseen Issues: If, during the course of the Work, we encounter unforeseen difficulties or circumstances not reasonably apparent during the initial assessment (e.g., hidden pipework defects, presence of asbestos not previously identified, structural issues, required upgrades to meet current regulations), we reserve the right to halt Work and provide a revised Quotation detailing the necessary additional work and associated costs.

(a) The Client has the right to accept or decline the revised Quotation for the additional work.

(b) If declined, Work related to the unforeseen issue will not proceed. The Client remains liable for payment for all Work completed up to that point under the original Quotation and any undisputed variations previously agreed. We may need to make the immediate area safe, which may incur a reasonable charge.

(c) We shall not be liable for delays or inability to complete the original Work if the necessary additional work identified under this clause is declined by the Client.

4. Client Obligations

4.1 Access: The Client shall provide clear, safe, and uninterrupted access to the Site during agreed working hours to enable the Company to undertake the Work.

4.2 Information & Hazards: The Client must inform the Company, prior to commencement of Work, of any known hazards or potential risks at the Site, including but not limited to the presence of asbestos, hazardous materials, concealed services (water, gas, electricity, data cables), or any site-specific safety protocols. If asbestos is suspected and requires testing or specialist removal, this will be treated as an unforeseen circumstance under Clause 3.2, and costs associated with testing/removal are the Client's responsibility unless explicitly included in the Quotation.

4.3 Consents & Permissions: The Client is responsible for obtaining all necessary consents, licenses, and permissions (e.g., planning permission, building regulations approval, listed building consent, landlord's consent) required for the Work before the Work commences. The Company can assist in identifying likely requirements but obtaining them is the Client's responsibility.

4.4 Utilities: The Client shall ensure the availability of necessary utilities (water, electricity) at the Site for the duration of the Work, unless otherwise agreed.

4.5 Client-Supplied Materials: If the Client supplies any Materials, the Client is solely responsible for ensuring their suitability, quality, correctness, and compatibility. The Company accepts no liability for defects in the Work arising from faulty or unsuitable Client-supplied Materials. The Client is liable for any costs incurred by the Company due to delays or remedial work caused by such Materials. Any guarantees provided by the Company relate only to workmanship and Materials supplied by us.

4.6 Site Preparation: The Client shall ensure the work area is reasonably clear of furniture, personal effects, and obstructions before the scheduled start time, unless site preparation is specifically included in the Quotation. While we take care, we are not liable for damage to items not removed from the work area.

4.7 Storage: If Materials or equipment need to be stored at the Site outside working hours, the Client shall provide a reasonably secure area for this purpose. While we take reasonable precautions, risk of loss or damage to these items (due to theft, vandalism, accidental damage not caused by us) rests with the Client once delivered to Site, unless caused by our negligence.

4.8 Post-Work Redecoration: The Client is responsible for any redecoration, plaster patching repair (beyond making good around immediate installations), or making good required following Completion of the Work, unless such finishing work is explicitly itemised and included within the Quotation.

5. Company Obligations

5.1 Standard of Work: We warrant that the Work will be performed with reasonable care and skill, consistent with the standards expected of a competent Gas Safe registered engineer/company and in accordance with all applicable laws, regulations, and codes of practice (including the Gas Safety (Installation and Use) Regulations 1998).

5.2 Materials: Unless otherwise agreed (e.g., Client-supplied Materials), all Materials supplied by the Company will be of satisfactory quality, fit for their intended purpose, and compliant with relevant British/European standards.

5.3 Personnel: The Work will be carried out by suitably qualified, competent, and Gas Safe registered personnel (where legally required).

5.4 Site Conduct: We will take reasonable steps to protect the Client's property, including using dust sheets and coverings where appropriate. We will remove waste generated by our Work upon Completion, unless otherwise agreed (e.g., removal of large items like old boilers may be quoted separately).

5.5 Insurance: We maintain valid Public Liability Insurance (£2 million) and, where applicable, Employers' Liability Insurance. Copies of insurance certificates are available upon reasonable request.

5.6 Timelines: We will endeavour to complete the Work within the estimated timeframe, but any dates provided are estimates only. Time shall not be of the essence unless explicitly agreed in writing. We are not liable for delays caused by factors beyond our reasonable control (see Clause 10: Force Majeure).

6. Title and Risk

6.1 Risk: Risk of loss or damage to Materials supplied by us passes to the Client upon delivery to the Site.

6.2 Title: Title (legal ownership) of Materials supplied by the Company shall not pass to the Client until the Company has received payment in full (in cleared funds) for:

(a) those specific Materials; and

(b) all other sums which are, or which become due to the Company from the Client on any account.

6.3 Recovery: Until title has passed, the Client holds the Materials on a fiduciary basis as the Company's bailee. The Client must store them separately and ensure they are identifiable as the Company's property. If payment is overdue, the Company reserves the right to enter the Site to recover Materials to which it retains title.

7. Guarantee

7.1 Workmanship: We provide a guarantee on our workmanship for a period of [Specify Period, e.g., 12 months] from the date of Completion. This covers defects arising directly from faulty installation or labour performed by us.

7.2 Materials: Materials supplied by us are covered by the relevant manufacturer's warranty. We will assist the Client in pursuing claims under manufacturer warranties where appropriate, but the terms of the manufacturer's warranty prevail.

7.3 Exclusions: This guarantee does not cover:

(a) Defects arising from Client-supplied Materials.

(b) Fair wear and tear, wilful damage, negligence (by the Client or third parties), abnormal working conditions, failure to follow instructions (oral or written), misuse, alteration, or repair of the Work without our written approval.

(c) Issues arising from pre-existing faults or inadequacies in the Client's system/property not forming part of the Work (e.g., inadequate water pressure, existing faulty pipework, blocked drains unrelated to our work).

(d) Work where the Client has failed to pay the full amount due.

(e) Any fault or damage arising from limescale, sludge, or debris within the system if powerflushing or system treatment was recommended by us but declined by the Client.

7.4 Claims: Any claim under this guarantee must be notified to the Company in writing as soon as the defect becomes apparent. We reserve the right to inspect the alleged defect.

8. Payment

8.1 Payment Terms: Specific payment terms (e.g., deposit requirements, interim payments, final payment due date) will be detailed in the Quotation.

8.2 Invoicing: Invoices will be submitted as per the agreed schedule (e.g., upon Completion, or at stages for larger projects).

8.3 Due Date: Unless otherwise specified in the Quotation or invoice, full payment for undisputed invoices is due within [Specify Period, e.g., 7 days, 14 days] of the invoice date or upon Completion of the Work, whichever is sooner.

8.4 Late Payment: If the Client fails to make any payment due to the Company under the Agreement by the due date, then, without limiting any other remedies, the Client shall pay interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount. The Company also reserves the right to claim reasonable debt recovery costs.

8.5 Suspension: We reserve the right to suspend further Work (including guarantee work) if any payment is overdue.

8.6 Disputes: If the Client disputes any part of an invoice in good faith, they must notify the Company in writing within 7 days of receipt, detailing the reason for the dispute. The Client must pay the undisputed portion of the invoice by the due date. Both parties agree to negotiate in good faith to resolve the disputed amount promptly.

9. Cancellation Rights (Consumer Contracts Regulations 2013)

9.1 Cooling-Off Period: If this Agreement is concluded "off-premises" or "at a distance" (e.g., online/phone), the Client (if a consumer) has a statutory right to cancel this Agreement within 14 days ("Cancellation Period") without giving any reason. The Cancellation Period starts the day after the Client accepts the Quotation.

9.2 How to Cancel: To exercise the right to cancel, the Client must inform the Company of their decision by a clear statement (e.g., a letter sent by post or an email to [info@eastsidegas.co.uk]. A model cancellation form is available on request but is not obligatory. To meet the cancellation deadline, it is sufficient to send the communication concerning the exercise of the right to cancel before the Cancellation Period has expired.

9.3 Effects of Cancellation: If the Client cancels this Agreement within the Cancellation Period, we will reimburse all payments received from the Client, unless Work has commenced at the Client's express request (see Clause 9.4).

9.4 Work Commencing Within the Cancellation Period:

(a) We will not start Work during the Cancellation Period unless the Client makes an express request for us to do so in writing (including email) or by signing a waiver form provided by us.

(b) If the Client expressly requests Work to begin during the Cancellation Period and then subsequently cancels, the Client shall pay the Company a reasonable amount proportionate to the Work performed up until the point they informed us of the cancellation. This includes costs for labour provided and any non-returnable Materials ordered or used.

(c) If the Work is fully completed within the Cancellation Period at the Client's express request, the Client loses the right to cancel, having acknowledged this consequence before the Work began.

9.5 Cancellation Outside the Cooling-Off Period: If the Client cancels the Agreement after the 14-day Cancellation Period (if applicable) or if the right to cancel does not apply (e.g., contract made entirely on our business premises, urgent repairs requested by the Client), the Client may be liable for costs incurred by the Company up to the date of cancellation. This may include costs for labour, Materials ordered or purchased that cannot be reasonably cancelled or returned/restocked (or subject to restocking fees), and a reasonable administration fee or loss of profit, dependent on the circumstances and proximity to the scheduled start date.

10. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure results from events, circumstances, or causes beyond its reasonable control ("Force Majeure Event"). Such events include, but are not limited to: acts of God, flood, drought, earthquake, natural disaster, epidemic/pandemic, terrorist attack, civil war, civil commotion or riots, war, governmental actions, fire, explosion, blockage, labour disputes (excluding disputes involving the workforce of the affected party), or non-performance by suppliers or subcontractors due to causes beyond their control.

The affected party shall notify the other party as soon as reasonably practicable after the start of the Force Majeure Event. The time for performance shall be extended by a period equivalent to the period during which performance is hindered, provided that if the period of delay or non-performance continues for [Specify Period, e.g., 4 weeks], the party not affected may terminate this Agreement by giving written notice to the affected party.

**11. Liability - YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE **

11.1 No Exclusion for Certain Liabilities: Nothing in these Terms shall limit or exclude the Company's liability for:

(a) death or personal injury caused by its negligence, or the negligence of its employees, agents, or subcontractors;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);

(d) breach of the terms implied by sections 9, 10 and 11 of the Consumer Rights Act 2015 (satisfactory quality, fitness for purpose and matching description/sample - relating to Materials);

(e) breach of the terms implied by section 49 of the Consumer Rights Act 2015 (service performed with reasonable care and skill); or

(f) defective products under the Consumer Protection Act 1987.

11.2 Limitation of Liability: Subject to Clause 11.1, the Company's total liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement shall be limited to the price paid by the Client under the Agreement.

11.3 Excluded Losses: Subject to Clause 11.1, the Company shall not be liable to the Client for any indirect or consequential loss, loss of profit, loss of business, loss of goodwill, or depletion of savings, howsoever arising.

11.4 Pre-existing Conditions: The Company shall not be liable for any damage or defect caused by pre-existing weaknesses or faults in the Client's property or systems (e.g., plumbing, heating, electrical systems) which were not part of the agreed Work and were not reasonably apparent prior to commencement, unless caused by our negligence.

11.5 Making Good: Our liability for making good damage caused during the execution of Work is limited to the specific areas affected by the Work and does not extend to full redecoration unless explicitly included in the Quotation (see Clause 4.8).

12. Data Protection

We will only use the personal information you provide to us to supply the Work, process your payment, and, if you agreed to this, to inform you about similar products/services we provide. We will process your information in accordance with the Data Protection Act 2018 and the UK GDPR.

13. Complaints

We are committed to providing a high-quality service. If you have any concerns or are dissatisfied with any aspect of our service or the Work performed, please inform us as soon as possible, either verbally or in writing to info@eastsidegas.co.uk. We will acknowledge your complaint within [e.g., 15 working days] and aim to resolve the issue promptly and fairly through our internal complaints procedure, a copy of which is available on request. If we are unable to resolve your complaint internally, we will provide details of any relevant Alternative Dispute Resolution (ADR) provider (if applicable to our trade).

14. Termination

14.1 Termination by Either Party: Without affecting any other right or remedy available to it, either party may terminate the Agreement with immediate effect by giving written notice to the other party if:

(a) the other party commits a material breach of any term of the Agreement and (if such a breach is remediable) fails to remedy that breach within [e.g., 14 days] of being notified in writing to do so;

(b) the other party takes any step or action in connection with its entering administration, provisional