Providing Hampshire And West Sussex
Sustainable Energy Solutions
To Heat Your Home And Water
Terms & Conditions
Application and entire agreement
1.These Terms and Conditions apply to the provision of the service detailed in our Tender by Rawlings Fuels trading as ‘Rawlings Renewables’ a company registered in England and Wales under number OC 11335021 whose registered office is at Rawlings Fuels Ltd, North Barn, Pickaxe Lane, Hook, Hampshire, RG29 1SD defined in this document as (we or us or service provider) to the person buying the services (you or customer).
2. You are deemed to have accepted these Terms and Conditions when you accept our Tender or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our Tender (the Contract) are the entire agreement between us.
3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of. These Conditions apply to the Contract to the exclusion of any other terms that you try to incorporate, or which are implied by trade, custom, practice or cause of dealing.
4. A “Business Day” means any day other than a Saturday or Sunday or bank holiday in England and Wales.
5. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
6. Words imparting the singular number shall include the plural and vice-versa.
7. What Do We Mean by “Services”?
Anything offered by Rawlings Renewables, across all the trades we cover (Plumbing, Heating, Drains, Bathrooms, Electrics, Appliances, Building, Emergencies and Commercial):
Emergency Call Outs
Servicing & Maintenance
For the purpose of these terms & conditions the following words have the following meanings:
“Us/We/Our” refers to Rawlings Fuels Limited, ta – Rawlings Renewables
“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 Rawlings Fuels 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.
8. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the Tender, including any specification in all material aspects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
9. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the Tender, however, time shall not be of the essence in the performance of our obligations.
10. All these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
11. We do not undertake responsibility for design.
Title to Goods
12. 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.
13. You must obtain any permissions, consents, license or otherwise that we need and must give us with access to all relevant information, materials, properties, and any other matters which we need to provide the Services.
14. If you do not comply with clause 11, we can terminate the Services.
15. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section. (Your Obligations).
16. The fees (Fees) for the Services are set out in the Tender and are calculated on a time and materials basis.
In addition to the Fees, we can recover from you:
17. (a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence, and any associated expenses.
(b) the cost of services provided by third parties and required by us for the performance of the Services; and
(c) the cost of any additional materials not in the tender required for the provision of the Services.
18. You must pay us for any additional services provided by us that are not specified in the Tender in accordance with our then current applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional services.
19. The Fees are inclusive of any additional VAT and other taxes or levies which are imposed or charged by any competent authority.
20. 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 non-stocked materials, charged in accordance with our current hourly rates.
Materials supplied by us (not exceeding the trade purchase price of materials markup).
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.
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.
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.
Cancellation and Amendment
21. We can withdraw, cancel, or amend a Tender if it has not been accepted by you, or if the Services have not started, within a period of 14 days from the date of the Tender (unless the Tender has been withdrawn).
22. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the Tender.
23. If you want to amend any details of the Services, you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
24. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a Party’s control), If we must make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
25. If you need to cancel (or rearrange) your booking, you must notify us by telephone, by the end of the working week 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.
26. We will invoice you for payment of the Fees either:
a) When we have completed the Services; or
b) On the invoice date milestones set out in the Tender.
27. You must pay the Fees within 14 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
28. Time for payment shall be of the essence of the Contract.
29. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at a rate of 5% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
30. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other to justify withholding payment of any such amount as whole or in part.
31. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any further services which have been ordered by, or otherwise arranged with you.
32. Receipts for payment will be issued by us only at your request.
33. All payments must be made in British Pounds unless otherwise agreed in writing between us.
Sub-Contracting and assignment
34. We can at any time assign, transfer, charge, subcontract, or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all our obligations to any third party.
35. You must not, without your prior written consent, assign, transfer, charge, subcontract, or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
36. 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.
37. 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.
38. We can terminate the provision of Services immediately if you:
a) Commit a material breach of your obligations under these Terms and Conditions; or
b) Fail to make payment of any amount due under the Contract on the due date for payment; or
c) Are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
d) Enter a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made within its creditors; or
e) Convene any meeting of your creditors, enter into a voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para 14 of Schedule B)1 of The Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
39. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability and Indemnity
40. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
41. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
42. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these
Terms and Conditions or the Tender for:
a) Any indirect, special or consequential loss, damage, costs, or expenses, or;
b) Any loss of profits, loss of anticipated profits, loss of business, loss of data, loss of reputation or goodwill, business interruption, or other third-party claims; or
c) Any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control, or;
d) Any losses caused directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
43. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
44. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
45. When supplying the Services to the customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.
46. The parties agree that where such processing of personal data takes place, the Customer shall be the “Data Controller” and the Service Provider shall be the “Data Processor” as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
47. For the avoidance of doubt, “Personal Data”, “Processing”, “Data Controller” and “Data Subject” shall have the same meaning as in the GDPR.
48. The Service Provider shall only process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these Terms and Conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party’s purposes.
49. The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors, or advisors on a strict “need to know” basis and only under the same (or more extensive) conditions as set out in these Terms and Conditions or to the extent required by applicable legislation and/or regulation.
50. The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.
51. Further information about the Service Provider’s approach to data protection are specified in its Data Protection Policy, which can be found at www.legislation.gov.uk.
52. For any enquiries or complaints regarding data privacy, you can email email@example.com
Circumstances beyond a party’s control
53. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to, industrial action, civil unrest, flood, storms, earthquakes, acts of terrorism, acts of war, government action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
54. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised office or third party).
55. Notices shall be deemed to be duly given:
a) When delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient.
b) When sent, if transmitted by fax or email and a successful transmission report or return receipt is generated.
c) On the fifth business day following mailing, if mailed by national ordinary mail; or
d) On the tenth business day following mailing, if mailed by airmail.
56. All notices under these Terms and Conditions must be addressed to the most recent address, email address notified to the other party.
57. Rawlings Renewables 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 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.
58. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
59. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that/those provisions will be deemed severed from the termination of these Terms and Conditions (which will remain valid and enforceable).
Law and Jurisdiction
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.