These are Flockhart Solutions Terms & Conditions. They tell you:
The rules for using our services
What you can expect from Flockhart Solutions
Your rights and responsibilities
2. When These Terms Apply
The latest version always applies, and we’ll usually only make updates when we offer a new service, change how we provide a service, or have to comply with a new legal requirement.
3. What Do We Mean by “Services”?
Anything offered by Flockhart Solutions, across all the trades we cover (Plumbing, Heating, Bathrooms, Electrics, Appliances, Emergencies and Commercial):
Emergency Call Outs
For the purpose of these terms & conditions the following words have the following meanings:
“Us/We/Our” refers to Flockhart Solutions Limited.
“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 Flockhart Solutions to carry out work.
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 Work
The total charge to you will consist of the cost(s) of:
The first 1-60 minutes will be charged at our initial visit rate, travel time may be included in this if we are not already in the area.
Labour (the amount of time spent by the tradesperson carrying out work) including all reasonable time spent in obtaining non-stocked materials, charged in accordance with our current hourly rates.
Time charged for will be rounded up to the next hour, so for example 1 hour 30 mins would be charged as 2 hours
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 Price Work
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:
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.
Requirement of a detailed Insurance Report (in addition to the estimate and invoice) will incur a nominal charge of £25.00.
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 signed by an authorised representative. We will not be bound by any estimates given orally or in which manifest errors occur.
Unless otherwise stated our prices do not allow for the reinstatement of any shelving, boxing, work tops, skirting board, floorboards etc that may have to be removed to enable us to carry out our works. Any such works carried out at the customer’s request would be chargeable.
The company accepts no liability for the removal of any carpets, linoleum and special types of flooring, eg. tongue and grooved, parquet, hard wood or tiled floors in order to carry out the installation, except in circumstances where the company has been negligent.
The company will take all reasonable care to carry out the installation. However, you accept that the installation including removing or destroying existing fixtures or fittings may cause damage to your decorations and fittings in your home. This provision does not exclude the company’s responsibility for damage, which is beyond which is reasonably commensurate with the installation. It is anticipated that certain areas in your home may need redecoration following completion of the central heating installation. This will be your responsibility and is not included in the price.
7. Repair quotations
Repair quotations are available on request, if we return to carry out a repair and you allow us to do this without requesting a quote it will be taken that you do not require a quote. We do not provide itemised quotations.
8. Offers & Incentives
On an ongoing basis, at our discretion, we promote a selection of offers and incentives, these will be clearly defined including any specific terms & conditions. Offers and incentives may only be used in conjunction with each other at our discretion.
This includes computer aided design (CAD) conceptual artwork for bathrooms.
9. Material Collection
Collection of non-stock items is chargeable, however:
Time taken will be kept to a minimum and within reason and should not exceed 45 minutes.
In the unforeseen circumstances that the collection time is likely to exceed 45 minutes you will receive prior notification of the reason.
10. 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 if requested by us. 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. Flockhart Solutions 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 do not provide itemised invoices.
We do not accept credit cards or company cards.
11. Non Payment
If invoices for works completed are not paid for by the due date shown on the invoice the debt may be passed to a debt collection agency/agent to deal with. Upon passing the debt to a Debt Collection Agency a charge of 20% of the outstanding amount will be added to the amount owed. Any additional fees and interest related to the collection of the outstanding monies will also be added to the amount due which the customer will be liable to pay for.
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.
If you need to cancel (or rearrange) your booking, you must notify us (preferably by telephone) by the end of the working day 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 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.
Flockhart Solutions are committed to providing professional, top 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.
For your peace of mind, we provide a 12 month guarantee on labour carried out by a Flockhart Solutions 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 Flockhart Solutions tradesperson. We will accept no liability for, or guarantee suitability, materials supplied by you & will accept no liability for any consequential damage or fault.
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.
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.
If you request that we pump fuel from an old tank into a new tank we will not be held liable for any issues arising from contaminated fuel.
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 Flockhart Solutions tradesperson.
17. 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.
Where we appoint a Sub-Contractor to carry out works based on:
Labour Only Basis
Supply & Install Basis
Any works to be carried out for Flockhart Solutions Ltd by the Sub-Contractor on a supply & install basis will need to have provided a detailed quotation for the works to be carried out. The quotation will be based on:
The works required for the specified job you are being employed to carry out.
It will be deemed that you received all necessary details of the works you are tendering or you have visited the job/site prior to sub-mitting your tender.
Any items deemed not to be included MUST highlighted within you tender submission.
Any items you feel are missing from the details provided, but should form part of your works MUST be highlighted within your tender sub-mission
Flockhart Solutions Ltd will not be held responsible for any cost you incur due to items/works not being included within your tender that were detailed in the information provided to you.
Prior to any works commencing on a Job/Site the Sub-Contractor is to provide to
Flockhart Solutions Ltd the following:
Copy of their Insurance Policy
Copy of the job/site specific RAM’s
Copies of CSCS cards for employees to be working on the Job/Site
The Sub-Contractor will be expected to sign into the Main-Contractors programme of works and supply the necessary Labour to meet the required dates. If the Sub-Contractor courses any delay to the programme/works due to non-performance, any costs that Flockhart Solutions Ltd receive due to this will be passed on to the Sub-Contractor with a 5% Admin fee.
Engagement & Payment
The Sub-Contractors engagement/appointment will be based on Flockhart Solutions Ltd order/contractor with the Main-Contractor/Customer & will be on a back-to-back basis.
The Sub-Contractor will agree to these terms, unless something else is agreed prior to works commencing. The Sub-Contractors T&C’s, if they have any, will not form part of the works/contract between Flockhart Solutions Ltd & the Sub-Contractor
The payment terms will also be based on Flockhart Solutions Ltd contractor and these can be made available to the Sub-Contractor on request, but as a minimum will be:
Valuation/Application to be sub-mitted to Flockhart Solutions Ltd on or before the 21st of each Month.
Any claims made/received after this date will not be included in that months claim
All valuations are to detail:
Any Daywork sheets, variations, extra to be detailed.
Any of the above MUST have a signed Daywork sheet or an instruction from Flockhart Solutions Ltd instructing the works.
Deduction for retention, inline with Flockhart Solutions Ltd order
Payments will be to the Sub-Contractor, within 2/3days of Flockhart Solutions Ltd have received cleared funds from the Main-Contractor/Customer.
Flockhart Solutions Ltd will with-hold or not pay the Sub-Contractor for the following reasons:
If Flockhart Solutions Ltd do not receive payment from the Main-Contractor/Customer
If works are deemed not to have be completed
If works have not be completed to the required standards
If the Main-Contractor should go bust, cease trading or go into liquidation.
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.
Flockhart Solutions Ltd is a company incorporated in England and Wales with registered number: 9887563.
Our registered office and main trading address is: Flockhart Solutions Ltd, 1 Hellys Court, Water Ma Trout Ind Estate, Helston, Cornwall, TR13 0EW
Our registered VAT number is: 238477082
Flockhart Solutions Ltd
WATER MA TROUT IND ESTATE
1 HELLYS COURT
Our phone number: 01326 563303
Our team is growing and we are looking for more expereinced engineers to join us. Please contact us for more information